Terms and Conditions of the Poetsch GmbH
1. Conclusion and Subjektterms of a contract.
1.1. these general terms and conditions are applied to all –even future contracts of delivery and other productivity. The conditions of the employer will not be accepted, even it if we do not veto to them again after receipt by ourselves.
1.2. Our offers are subject to confirmation. Verbal agreemens of our stuffs will only become binding after written confirmation.
1.3. Qualities and dimensions are determined by the DIN, EURO, ISO standards and material specifications or according to custom and usance. References to standards, material specifications or factory certificates as well as information on grades, dimensions, weights and applicability of the goods are not warranty of characteristics.
1.4.All discrepancy of our terms must be in written form.
2.1. This requires a proper and timely delivery of materials, drawings, tools, etc.
2.2. Information on delivery times are subject to confirmation. Agreed delivery periods start on the date of the order confirmation and will only count under the timely clarification of all details of the order.
2.3. For the observance of delivery deadlines is the date of despatch from the factory decisive. With notification of dispatch, the delivery deadlines are met if the goods can not be dispatched on time without our fault.
2.4. Delivery shall be extended if the customer with its obligations to us falls into arrears. Case of force majeure or unforeseen events that are are beyond our control, to agreed shall be extended deadlines appropriately.This is true even if further information on the execution of the order made or required to be obtained.
2.5. The right to withdraw from the contract from the impossibility or delay can only be execudet by the customer if a further binding to the contract is unbearable.
2.6. Partial deliveries and over-or under-deliveries of 10%, we reserve the right to us.
2.7. For processing under contract, we are liable only for the service we provide
3. Prices and Payments
3.1. All prices are EXW plus tax without package.
3.2. Unless otherwise agreed, all prices and terms are applied which are valid at the day of delivery.
3.3. If prices and extern costs are changing or they arise new, we are entitled to the appropriate extent of a price change. The same counts for us not influenceable prices such as purchaising of materials.
3.4. Payment must be made within 10 days of the invoice date without discount, regardless of the receipt of any certificates (eg test certificates) in such a way that we can have on the due date of the amount. A lien and a right of set available to the client only insofar as his counterclaims are undisputed or legally binding.
3.5. When the payment is exceeded, we calculate interest at the rate of 2 % above the discount rate of the Deutsche Bundesbank. The assertion of further damages is reserved.
3.6. As far as we subsequently become aware of circumstances from which there is a significant deterioration and endanger our claim for payment, we can for any outstanding deliveries require prepayments, if the client does not provide security in the amount of our payment claim at risk.
3.7. The statutory provisions on late payment shall not be affected
4. Delivery and Transfer of Risk
4.1. If not further chosen by the purchaser, we reserve the right to choose a shipper. Cost of shipment will be charged to by the client. The goods will be insured only at the express instruction of the client.
4.2. With the handing over to the forwarder or carrier, at the latest when leaving the factory, the risk, including a seizure passes to the customer.
4.3. If shipment is delayed by the client, the costs of storage will be enforced one month after the ready for dispatch notification. The minimum will be 0,7 % /per month of the bill. Other claims in default of acceptance shall remain unaffected.
4.4. Transport damage must be reported immediately in writing to the carrier.
5. Reservation of proprietary rights
5.1. All delivered goods remain our property (reserved goods) until all demands, especially the respective balance claims to which we are entitled under the terms and conditions yet.
5.2. Loading and processing of the reserved goods for us as a manufacturer within the meaning of § 950 BGB without obligating us. The treated and processed goods shall be deemed reserved goods within the meaning of para 5.1. During processing, connection and mixing of the reserved goods with other goods by the customer co-ownership is proportionately us to the new item in proportion to the invoice value of the reserved goods to the invoice value of the other goods used. If our claim expires by combining or mixing, the client transmits to us now his ownership rights in the new stock or item to the extent of the invoice value of the reserved goods and stores them for us without charge. Our co-ownership shall be deemed reserved goods within the meaning of Ziff.5.1
5.3. The purchaser is only allowed to sell and offer the exeption goods to his usual buisness terms and as long as he is not deloyed in his payments. To any offer options of selling the exception goods he is lawfully not entitled.
6. Claim and warranty
For all short comings and missing of processing we do give warrantie for following provision.
6.1. The Client is obliged to provide a detailed incoming inspection.
6.2. De Defects that can not be detected by a thorough examination within this period, - in writing immediately after discovery - with the immediate cessation of any treatment and processing. fects in the goods, including dimension and quantity variances and the absence of work certificates and other certificates are immediately, no later than 7 days after delivery, in writing..
6.3. When justified, timely complaint, we accept the defective goods back and deliver in their place-defective goods. Otherwise we are also entitled to repair or to issue a credit note. n case of failure of repair or replacement, the client may demand cancellation of the contract or reduce the remuneration.
6.4. If the client does not give us the facility to show us the fault and further if he does not provide us the claimed facility his warranty expire immediately.
6.5. For the repair and replacement we perform in the same way as responsible for the original delivery.
7. General liability
7.1. Except as provided in these terms and conditions otherwise provided, we shall be liable for damages for breach of contractual or non-contractual obligations in cases of intent.
7.2. The above limitation of liability is without prejudice to our legal liability.
8. Place of execution, place of jurisdiction and applicable law
8.1. Place of execution for both parties is Remscheid
8.2. Jurisdiction for both parties is Remscheid. We can also sue the employer on its jurisdiction .
8.3. For all legal relations between us and the client, the law of the Federal Republic of Germany.