GENERAL TERMS AND CONDITIONS
GTC
Inhalt
§1 General
All our transactions are based exclusively on our terms of delivery and payment. They shall apply unless the customer and we make special agreements in writing. The customer’s terms and conditions of purchase are not binding for us, even if we do not expressly object to them. By placing an order, the customer acknowledges our terms and conditions of delivery and payment and furthermore that we have given him the opportunity to take note of their content.
§2 Orders and offers
1) Our offers are always subject to change. As a matter of principle, purchase contracts are only concluded by our confirmation or by delivery of the ordered goods to the customer.
2) Agreements made verbally, by telephone or telegraph are only binding if they are confirmed in writing or by telex.
3) Invoicing is based on the prices according to the price list valid on the day of delivery. All prices are for deliveries ex warehouse Nuremberg.
§3 Special types of delivery
The choice of shipping method is left to our best discretion.
§4 Transfer of risk
The risk shall pass to the customer when the goods leave the supplying plant or the dispatch warehouse. Transport insurance shall only be taken out at the express instruction of the customer and for the customer’s account.
§5 Delivery
Deliveries and completions are made freight collect. Delivery times stated by us shall be deemed to have been met if the ordered goods have left the warehouse of our supplying plant by the time they expire. If they are exceeded, the customer may set us a reasonable grace period for delivery, unless there is force majeure. In the event of force majeure within the meaning of the following paragraph, the customer may only set us a grace period for delivery after it has expired. Events which constitute force majeure shall also extend the delivery times accordingly. Force majeure includes in particular Strikes, shortages of raw materials or goods, operational disruptions, delays in deliveries and shipments, even if such circumstances occur at our suppliers. Compliance with the delivery time presupposes the fulfillment of the customer’s obligations arising from our contracts with him. If a customer withdraws from the purchase contract with our consent, or if we are entitled to claim damages for non-performance of the purchase contract, we shall be entitled to demand compensation of 15% of the agreed purchase price, subject to any further damages. We are permitted to make partial shipments.
Changes to the design give us the right to deliver. Price increases that occur after our confirmation by the manufacturer may be invoiced by us, but give the buyer the right to withdraw from the purchase. In the event of improper operation of the delivered goods and accessories, in particular in the event of a breach of the proper operating instructions by the buyer, the seller assumes no liability for any resulting damage and also no liability for any resulting consequential damage. The exclusion of liability for consequential damage in this respect refers in particular to any further damage that may be caused as a result.
The company requires 3 to 10 working days (excluding Sundays and public holidays) for each installation or assembly or completion of facilities
Shipping methods
Standard shipping
Delivery to the following countries
Germany, Italy, Austria, Switzerland
§6 Warranties
All goods delivered by us must be inspected by the customer immediately in the customer’s own interest, even if samples have been sent, in order to claim any transport damage from the carrier immediately and to secure the evidence for this – possibly with the assistance of an expert. We can only consider complaints about obvious defects if the customer notifies us in writing immediately upon receipt of the goods. If complaints are justified, we shall be entitled to replace defective goods with defect-free goods. Claims of any kind over and above the statutory warranty are excluded unless we are proven to have acted with intent or gross negligence.
§7 Payments
Our invoices are payable in cash or by bank transfer without deduction from the date of invoice. All payments are to be made only to our bank accounts specified in the invoice or to our cash office. Representatives are only entitled to collect payments if they present a written authorization to do so. Withholding of payments or offsetting due to any counterclaims is excluded unless the counterclaims of our customer have been legally established or recognized by us in writing. If the term of payment is exceeded, we shall charge interest on arrears in the amount of the interest rate usually charged by the commercial banks in current accounts, but at least 8%.
The goods will be recovered by us if the goods are not paid in full within 30 days. We may also recover the goods if the installment payment is overdue.
Invoice
§8 Default of the customer
If the customer defaults on payment and/or acceptance, we may, after setting a deadline of 14 days to no avail, either claim damages for non-performance or withdraw from the contract in whole or in part in addition to default interest. At our discretion, however, we may also insist on fulfillment through acceptance or payment.
If the customer defaults on essential conversion work and/or preparatory work or existing work or if the work carried out does not comply with the approved/permitted standard, we reserve the right to postpone the existing work or the work currently being carried out for a period of up to 4 – 6 weeks for any adaptation work and/or changes. Any costs incurred shall be borne by the customer.
§9 Right of withdrawal
We are entitled to withdraw from a concluded contract if events of force majeure occur, if unsatisfactory information about the customer is received or if, at our discretion, there are doubts about the customer’s creditworthiness after order confirmation or delivery.
§10 Retention of title
We reserve title to all our goods until full payment of the purchase price including interest and costs and all other claims arising from expiring business relations with the customer. The customer hereby assigns to us all present and future claims against third parties to which he is entitled from a resale, any loss or any damage to our goods subject to retention of title in order to secure the claims specified in 1. The customer is authorized to collect the assigned claims as long as he fulfills the payment conditions in accordance with the contract. We shall surrender to the customer any securities to which we are entitled in accordance with the above provisions to the extent that they exceed 120% of the claims to be secured in accordance with Clause 1 above. The customer must insure the goods belonging to us against all storage risks and provide us with evidence of the conclusion of the insurance policy at our request. The customer must inform us immediately of any seizure or other impairment by third parties.
§11 Place of performance and jurisdiction
Nuremberg is agreed as the place of performance for delivery and payment. For all present and future claims arising from our business relationship with customers, including claims arising from bills of exchange and cheques, Nuremberg shall be the exclusive place of jurisdiction.
Nuremberg shall be the exclusive place of jurisdiction. In all other respects, the statutory provisions shall apply.
§12 Warranty periods
The partial warranty period is 12 months for new appliances from the date of purchase and 3 months for used appliances from the date of purchase. In the case of repairs, only the spare parts we use are covered by a 3-month partial warranty. Travel and working time are not included.
§13 Miscellaneous
Packaging material (cardboard, wood, polystyrene, and everything that is to be understood as packaging material) is the responsibility of the customer with regard to disposal.
Protective films on the equipment must be removed by the customer.
If the customer requests additional work not specified in the contract, an hourly rate of € 200.00 plus VAT will be charged.
The customer shall be responsible for any kind of usage errors.
Orders, offers or order confirmations that are canceled or paid in part or in full after the expiry of the 14-day period, the customer is liable for 100% of the order amount and all possible additional costs. At the same time, this also applies to all possible installation
During the installation of equipment, persons other than installation personnel are not reimbursed for insurance and technical reasons and possible risk of injury.
Refrigeration technicians, electricians, gas and water installers as well as the installation of the equipment must be organized and taken over by the customer for insurance reasons.
The location must be provided in perfect condition.
Old buildings, listed buildings that do not meet all legal requirements are the responsibility of the customer
Verbal side agreements are excluded from any validity.
Changes and additional agreements require delivery refers exclusively to the products and product specifications