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General Terms and Conditions<\/strong><\/p>\n I. Offer and conclusion II. a) Calculation II. b) Electronic invoicing III. delivery and performance time IV. Grades, dimensions, weights and acceptances V. Shipping, transfer of risk and partial delivery VI. payment VII Retention of title VIII. Defects IX. Liability and limitation period default, positive breach of contract and breach of obligations during contract negotiations, unauthorized X. Place of performance, place of jurisdiction and applicable law [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" GTCGeneral Terms and Conditions I. Offer and conclusionAll deliveries and services – including future deliveries and services – are provided exclusively on the basis of theseTerms and Conditions of Sale. By placing an order, they are recognized by the buyer in all points. Deviations from our terms and conditions of sale, in particular conditions of […]<\/p>\n","protected":false},"author":4,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"class_list":["post-2689","page","type-page","status-publish","hentry"],"yoast_head":"\n
All deliveries and services – including future deliveries and services – are provided exclusively on the basis of these
Terms and Conditions of Sale.
\nBy placing an order, they are recognized by the buyer in all points
. Deviations from our terms and conditions of sale, in particular conditions of the buyer, shall only apply
if they are confirmed by us in writing.
\nOur offers are subject to change; verbal agreements are
only binding for us if and insofar as we confirm them in writing or comply with them by sending the goods and
the invoice. <\/p>\n
Our prices are ex warehouse or ex works plus freight and VAT, unless otherwise agreed
.
\nIf, in the case of imported goods, public charges of any kind are increased or
new ones introduced after conclusion of the contract, if there are changes in currency parities or if circumstances for which we are not responsible
change the calculation significantly, we shall be entitled to adjust the sales price
accordingly.
\nThis shall also apply if our suppliers violate
or terminate fixed price agreements made with us.
\nIn the case of deliveries ex works, the prices shall be determined according to the conditions of the price list of the respective supplier plant valid on the delivery date
, unless we have expressly agreed to a fixed price.
If the prices of the supplier plant have increased compared to the prices stated in the order or the order confirmation
, the buyer shall be entitled to withdraw from the
delivery or partial delivery affected by the price increase; however, there shall be no right of withdrawal in the event of a price increase caused
by an increase in value added tax.
\nIf an order or a partial order is canceled by
the buyer, we are entitled to charge 20% of the order value as cancellation costs.
\nThe minimum value of goods
is \u20ac 150,- per order.
\nSmaller orders are to be paid immediately in cash. <\/p>\n
By accepting the order, the customer agrees to electronic invoicing by e-mail by Blech +
Profil RL Edelstahlhandelsges.
\nmbH.
\nInvoices will be sent electronically to the e-mail address
provided by the customer.
\nThe customer waives the right to receive invoices by post.
\nThe customer must ensure on the recipient side at
that all electronic deliveries of the invoice by email can be properly delivered by
die Blech + Profil to the email address provided by the customer
and to adapt technical equipment such as filter programs or firewalls accordingly.
Any automated electronic replies to Blech + Profil (e.g.: notification of absence) cannot be taken into account
and do not prevent valid delivery.
The customer must notify us immediately in writing and in a legally valid manner
of any change to the e-mail address to which the invoice is to be delivered.
\nInvoices sent by Blech + Profil to the last e-mail address provided by the customer
are deemed to have been received if the customer has not notified Blech + Profil of a change to his
e-mail address.
Blech + Profil RL Edelstahlhandelsges.
\nmbH is not liable for damages resulting from an increased risk of electronic delivery of the invoice by e-mail
compared to
postal delivery.
\nThe customer bears the increased risk of
access by unauthorized third parties due to the storage of the electronic invoice.
The customer can revoke the participation in the electronic delivery of the invoice by e-mail at any time.
After receipt and processing of the written cancellation, the customer will receive invoices in the future by post to
at the last known postal address.
\nWe reserve the right, for good cause
, to independently change the delivery of invoices by e-mail to the postal address
last notified to us. <\/p>\n
Agreed delivery dates refer to the date of dispatch of the goods and will be adhered to as far as possible
.
\nIf the delivery deadline is exceeded, the buyer is entitled to withdraw from the unfulfilled part of the contract after setting a reasonable grace period
.
\nOnly if the
partial services already rendered are of no interest to the buyer is he entitled to withdraw from the entire contract.
\nAs long as
the buyer is in arrears with an obligation, our delivery obligation shall be suspended.
\nIf there are doubts about the buyer’s
ability to pay, we are entitled to withdraw from the delivery contract, insofar as it has not yet been fulfilled,
without setting a grace period or to make further fulfillment dependent on securities, or to revoke payment deadlines granted to
or to demand advance payments or cash on delivery.
\nInsofar as
bills of exchange are still outstanding, we reserve the right to demand cash payment against return of the bills of exchange.
\nIf
transportation is permanently or partially impossible, the purchase price shall nevertheless become due; we may then store the goods at
risk and for the account of the buyer.
\nForce majeure, natural disasters, operational disruptions, shortages of labor,
energy or raw materials, strikes, lockouts, traffic disruptions, acts of God or
other impediments for which we or our suppliers are not responsible shall extend the delivery periods by the
duration of the impediment and a reasonable start-up period.
\nThey also entitle us to withdraw from the contract insofar
as the delivery has not yet been carried out.
\nIf the buyer suffers damage due to a delay caused by us
, we shall compensate the demonstrable damage foreseeable at the time
the contract was concluded, up to a maximum of 5% of the value of the goods of the delayed or
omitted delivery or service.
\nThis limitation shall not apply if we are liable in cases of intent or
gross negligence. <\/p>\n
Grades and dimensions are determined in accordance with DIN standards or material sheets.
\nIn the absence of such, the
corresponding European standards shall apply.
\nIn the absence of such, commercial practice shall apply unless otherwise agreed in writing
.
\nInsofar as it is customary in the trade that the weight determined at the works of Wiegemeistern
is decisive for goods calculated by weight, this shall apply.
\nThe total weight of the consignment is decisive for the calculation
.
\nDifferences compared to the calculated individual weights shall be distributed proportionally to these
.
\nWeight determinations can only be objected to on the basis of official re-weighing immediately upon
delivery.
\nThe word “circa” in front of the quantity entitles us to deliver 10% more or less
.
\nIf the relevant material standards provide for acceptance or if acceptance has been agreed,
this shall be carried out on the delivery value immediately after notification or readiness for dispatch.
\nThe acceptance costs shall be borne by the
customer.
\nIf the acceptance does not take place, does not take place in time or if he waives it, we are entitled to send the material
without acceptance or to store it at the expense and risk of the client.
\nIn this
case, the goods shall be deemed to have been delivered in accordance with the contract, unless the defect would not have been recognizable at the time of acceptance. <\/p>\n
Packaging, shipping route and means of transportation are selected by us.
\nGoods notified as ready for dispatch must
be called off immediately.
\nOtherwise we shall be entitled to dispatch them or to store them at the expense and risk of the
purchaser and to invoice them immediately.
Delivery “free on truck ex loading point” is subject to the condition that the location in question can be reached by a route that is easily accessible for trucks
.
\nThe recipient is responsible for immediate and proper unloading.
Waiting times will be invoiced.
\nWe are entitled to make partial deliveries to a reasonable extent.
\nWith the
handover of the material to a forwarding agent or carrier, at the latest when it leaves our warehouse or
the supplying plant, the risk shall pass to the customer, even in the case of delivery “free place of destination”. <\/p>\n
In any case, the terms of payment specified in the order confirmation or in the invoice
shall apply.
\nEach incoming payment shall be used at our discretion to settle the oldest or the least
secured liability.
\nPayments shall only be deemed to have been effected when we can finally dispose of the amount
.
\nBills of exchange and checks are always accepted only on account of performance and by special agreement
.
\nDiscount, bill of exchange and bank charges shall be borne by the buyer and are to be paid immediately in cash to
.
\nIf the payment deadline is exceeded, we are entitled to charge customary bank interest, at least 5% above the
respective discount rate of the Deutsche Bundesbank, but not less than 8% per annum.
\nWe reserve the right to
assert further claims for damages.
\nOur claims may only be offset against a
claim that is undisputed by us or has been legally established, or a right of repayment may only be asserted on the basis of such a
claim.
\nPartial deliveries shall be invoiced immediately and are
each due for payment separately, irrespective of the completion of the overall delivery.
All our claims shall become due immediately, irrespective of the term of any accepted and credited
bills of exchange, if the terms of payment are not complied with or if we become aware of circumstances which
in our reasonable commercial judgment are likely to reduce the creditworthiness of the purchaser.
\nIf the purchaser causes a delay in delivery, payments shall become due from the transfer of risk.
In this case, the goods shall be stored at the risk and expense of the purchaser.
\nReceivables from
initial transactions between our companies are to be settled by the purchaser in cash.
\nThese are due for payment in full upon delivery,
partial delivery, collection or partial collection.
\nUnless otherwise agreed with us
, the time of presentation of documents (certificates, attestations etc.) to the buyer shall not affect the due date
of his payment obligations. <\/p>\n
The delivery of our goods is subject to retention of title with the following extensions:
All delivered goods remain our property until full payment of all our claims against the customer, including future claims arising from the
business relationship.
\nThis also applies to
payments of specially designated claims until settlement of any current account balance.
\nThe
reserved goods must be stored properly and adequately insured against fire and theft; the
corresponding policy must be presented by the purchaser on request.
\nThe buyer is always revocably and as long as
he fulfills his obligations to us as agreed, entitled to sell the goods subject to retention of title
in the ordinary course of business.
\nThe following applies in detail:
The buyer must reserve title to the goods sold to his customers under the same
conditions.
\nWithout this reservation, the buyer is not authorized to resell the
reserved goods.
The buyer hereby assigns to us the purchase price claims or other remuneration claims to which he is entitled from the resale or other sales transaction against his
customers.
\nThey shall serve as security to
the same extent as the reserved goods.
\nThe Buyer shall only be entitled and authorized to resell or
otherwise use the reserved goods if it is ensured that the
claims arising therefrom are transferred to us.
If the reserved goods are sold by the Buyer together with other goods not supplied by us, the
assignment of the claim arising from the sale shall only apply to the amount of the invoice value of the
reserved goods sold in each case.
\nIn the case of the sale of goods in which we have co-ownership shares due to processing,
mixing or combining, the assignment of the claim shall apply in the amount of this co-ownership share.
\n
If the claim assigned to
is included in a current account, the Buyer hereby assigns to us a part of the balance corresponding to the amount of this claim, including the final balance from the current account, to
.
\nThe buyer is entitled to collect the claims assigned to us, to process, combine and
mix the reserved goods as long as he fulfills his obligations to us
or does not fall into financial collapse.
\nOtherwise, we are entitled to demand the surrender of the goods subject to retention of title to
without the buyer having a right of retention.
At our request, the buyer must provide the information necessary for the collection of the assigned claims
.
\nWe are entitled to inform the third-party debtors of the assignment.
\nThe buyer is not authorized to assign the receivables –
including the sale of receivables to factoring companies – without our written
consent; we give our consent to the sale of receivables to a factoring company without
the possibility of chargeback (so-called “genuine factoring”) under the
condition precedent that the buyer forwards the payments made to him by the factoring company
to us without delay.
If the realizable value of the securities existing for us exceeds the
secured claims by a total of more than 20%, we shall be obliged to release securities of our choice at the request of the buyer.
The buyer must inform us immediately of any
goods subject to retention of title or the claims assigned in advance or other access to the goods subject to retention of title and hand over the documents necessary for an intervention.
\nAll
intervention facilities shall be borne by the buyer, insofar as they cannot be collected by the third party (opponent of the
third-party action) and the third-party action has been legitimately brought
.
A resale within the meaning of the above provisions shall also be deemed to be a use of the reserved goods
by the buyer for the fulfillment of a contract for work and services or a contract for work and materials.
\nOur rights arising from the
retention of title in accordance with
\nOur rights arising from the
reservation of title pursuant to this Section VII. shall apply until full release from contingent liabilities which we have entered into in the interests of the Buyer.
The processing of all goods delivered by us (reserved goods) shall be carried out for us as manufacturer within the meaning of Section 950
BGB, without any obligation on our part.
\nThe processed goods shall be deemed to be reserved goods within the meaning of this Section VII.
If the Buyer processes the goods with other items not belonging to us, we shall be entitled to co-ownership of the
new item in the ratio of the invoice value of the reserved goods to the sum of the invoice values of the
other items used.
If the reserved goods are mixed or combined with other items and our
ownership of the reserved goods expires as a result (Sections 944, 948 BGB), the
buyer’s ownership or co-ownership rights to the mixed stock or the uniform item shall pass to us
in the ratio of the invoice value of our
reserved goods to the sum of the invoice values of the other mixed or combined items.
\nThe buyer shall store them for us free of charge.
\nThe provisions of this Section VII. applicable to
reserved goods shall apply accordingly to the resulting co-ownership shares. <\/p>\n
The buyer must check whether the delivered goods are faultless and suitable for the intended purpose.
If the buyer fails to carry out this check, the supplier and we shall not be liable.
\nAny defects must be reported to us immediately,
at the latest within eight days of receipt of the goods, hidden defects immediately after discovery
within the period stipulated in \u00a7 477 BGB in writing, stating the order number and the invoice,
and delivery note numbers.
\nIf the Buyer fails to make this notification, the goods shall be deemed to have been approved.
A prerequisite for the recognition of any complaint is the proper storage of the goods after
delivery.
\nIn the event of properly raised and justified complaints, we are obliged to exchange the goods
.
\nIf this is not possible, we are obliged to cancel the purchase contract or reduce
the purchase price.
\nThe condition is that the goods are in the same condition as at the time of delivery
.
\nIf the buyer proves that he has further processed the goods or resold them
without violating the obligation to give notice of defects, he may demand a reduction of the purchase price for this part of the goods.
Claims for damages are excluded, unless in the absence of warranted characteristics, if the
buyer should be protected by the warranty against damage of the kind that has occurred.
\nThe
notice of defects only covers the demonstrably rejected goods, without affecting the buyer’s obligation to accept the
contractual quantities still to be delivered.
\nRejected goods may only be returned with our express
consent and only to the address specified by us.
\nIn the case of goods that have been sold as declassified
material, the buyer shall not be entitled to any claims for any defects. <\/p>\n
If the above conditions do not contain any special provisions, a
claim for damages on the part of the buyer, irrespective of the legal grounds (e.g. non-performance, impossibility, default, positive breach of contract and breach of obligations in contract negotiations, unauthorized action due to delayed delivery or consequential harm caused by a defect, etc.), is excluded.<\/p>\n
action due to delayed delivery or consequential harm caused by a defect, etc.) shall be excluded unless we are guilty of intent or our legal representatives or executives are guilty of gross negligence.
\nAny liability for
damage caused by slight negligence is excluded.
\nThis exclusion of liability also applies
to the personal liability of our legal representatives and employees and other vicarious agents.
All claims against us expire after one year at the latest, unless shorter limitation periods are provided for by law
or agreed in these terms and conditions. <\/p>\n
The place of performance for the delivery is the respective place of loading; the place of performance for payments is exclusively the registered office
of our company.
\nThe place of jurisdiction, also for proceedings relating to documents, bills of exchange and checks, is the registered office of our
company.
\nWe are also entitled to sue the buyer at his registered office.
\nGerman
law shall apply exclusively.
\nThe applicability of the uniform laws on the international purchase of movable goods and on
the conclusion of international purchase contracts for movable goods is expressly excluded.
\nShould one
or more of the above provisions be or become invalid, this shall not affect the validity of the remaining
provisions.
\nThe invalid provision shall rather be reinterpreted in such a way that the purpose pursued with it,
to the extent permitted by law, is achieved. <\/p>\n