Orders shall only be accepted on the basis of my General Terms and Conditions of Delivery and Payment. Any different terms and conditions stated on orders, enquiries etc. are invalid. My offers and prices are subject to change. In case of any changes regarding material and labor costs I reserve the right to charge the price valid on the day of delivery. By placing an order the purchaser expressly accepts my terms and conditions. Oral agreements are invalid and any special agreements must be expressly confirmed in writing. My representatives are not authorized to collect any monies. Furthermore, they are not authorized to make any measurements on the construction site or to make any declarations which are binding on me.Orders for custom-made products cannot be cancelled after they have been confirmed. I shall not be liable for any wrong measurements or any lack of clarity or deficits in information provided to me. Place of payment and performance shall be Mannheim, place of jurisdiction shall also be Mannheim.
My invoices are payable within 14 days as from the date of invoice in cash with a cash discount of 2 % or 30 days net as from date of invoice. Cheques or bank drafts shall only be accepted on account of performance and shall be considered to be effected payment after they have been successfully redeemed. Retaining payment or offsetting against any claims on the part of the purchaser shall be excluded. Should the term of payment be exceeded default interest to the amount of 2 % above the discount rate of the European Central Bank shall be charged for the period as from the due date until payment has finally been effected.
All prices are to be understood ex warehouse in Mannheim. Delivery shall be affected on account of the purchaser, even if free delivery has been agreed upon in the price agreement. In case of prepaid delivery the freight charges shall be considered as advanced money on loan and shall be deducted from the invoice. If the consignment is sent directly to a third party or via a freight forwarder, the consignment shall be deemed accepted on the point of its leaving my premises. Packing shall be charged at cost price and shall not be taken back.
The delivery time shall only be considered an approximate value and is not binding. The purchaser may not refuse acceptance of any partial deliveries. The announced readiness for dispatch shall be on equal terms with the delivery itself. The occurrence of any events of force majeure shall release me from my obligation to observe any promised delivery terms and shall entitle me to extend the delivery term correspondingly or to withdraw from the contract. The purchaser shall not be granted the right of withdrawal in consequence of non-observance of delivery terms due to the aforementioned circumstances. Contractual penalties or claims for compensation on the basis of any delay in delivery shall be excluded.
The Purchaser shall be obliged to examine the consignment with regard to completeness, quality and execution immediately upon receipt and to notify me in writing about any defects at the latest within 8 days on receipt of the goods. Should I confirm any defects to be justified, I shall either replace the rejected goods or have the matter clarified on the spot at my sole discretion. I shall accept no liability for any damage in transit. Before returning any rejected goods my decision in this respect must be awaited. Any goods which are returned without my prior approval shall be charged to the Purchaser. Any insignificant deviations in measurements of up to 10 % ± do not give reason for complaint. The same applies to improper use. I shall not be held liable for any goods which are lost on the construction site.
The goods shall remain subject to reservation of title on my behalf and I also reserve the right of restitution against the Purchaser even if the goods have already been processed either to a partial or full extent until such time as payment has been made in full for the supplied goods and until any other debts on the part of the Purchaser resulting from the continuance of the business relationship have been completely settled – including the redemption of any bank drafts and cheques that I have accepted as payment. The provisions of §§ 946 to 952 BGB (German Civil Code) shall not be applicable, which means that the processing of the goods shall be exclusively carried out on my behalf until the purchase price has been paid in full. If the Purchaser uses any other materials which are subject to reservation of title when processing the goods, I shall be entitled to a co-ownership share in the newly developed item to an amount not less than the value of the processed material resulting from my deliveries. However, in all cases the Purchaser shall already at this point transfer the title of the item which is being processed using the material delivered by me to me as a means of security for my receivables, whereas the transfer of title shall be replaced by the safekeeping of the item on the part of the Purchaser.Should the Purchaser sell any of the goods delivered by me – regardless of their condition – the Purchaser shall hereby already at this point assign to me all outstanding receivables on the part of his customers including all ancillary rights resulting from the sale of the goods until all my receivables resulting from the delivery of the goods have been settled in full. This shall amount to 120 % of the total outstanding amount at the time of the occurrence of those receivables owed to the Purchaser due to the delivery of the goods.Any distraining of my goods on the part of a third party as well as any other impairment of my goods are to be denounced immediately for the purpose of avoiding any claims for compensation.Should part of an order consisting of multiple deliveries not be paid, I shall be entitled to either demand security for future deliveries or in case of refusal withdraw from the contract reserving the right to assert claims for compensation.