General terms and conditions
Terms of delivery and payment
The following General Terms of Delivery and Payment shall apply to all deliveries and services. Deviations from these conditions require written agreement.
2. Offers and offer documents
Estimates and offers are binding for a period of 30 calendar days.
The documents belonging to the offer, such as illustrations, drawings, weights and measurements, are only approximate unless they are expressly designated as binding. The supplier reserves the right of ownership and copyright on estimates, drawings and other documents.
3. Placing an order
The supplier is generally not liable for errors resulting from the documents submitted by the customer (e.g. drawings) or from inaccurate or verbal information.
The prices are valid ex works, generally without freight charges or shipping costs and packaging. This is calculated at cost price and is not taken back. Value-added tax at the respective statutory rate is added to the prices. Any services not expressly estimated in the offer which are necessary for the execution of the order or which are carried out at the request of the customer shall be invoiced additionally. We expressly reserve the right to change prices due to increases in the cost of materials and costs. Deviations of up to 10% from ordered quantities are permissible, as such deviations cannot be avoided for technical reasons.
Unless otherwise agreed, the following terms of payment apply:
Payment must be made within 14 days of the invoice date in cash or cashless by bank transfer, without any deductions, irrespective of the receipt of the goods and of the right of notification of defects. Default of payment results in withholding of delivery (§§ 273, 320 BGB). Acceptances or customer’s acceptance shall only be deemed fulfilled after payment; the costs and expenses incurred in this connection shall be borne by the party liable to pay. If the payment obligations are exceeded by more than 14 calendar days, the party liable to pay hast to pay interest on arrears in accordance with standard banking practice.
In the event of non-compliance with the payment terms by the debtor, all outstanding receivables are due immediately. After the fruitless expiry of a period of grace of 10 calendar days set by the supplier, the supplier shall be entitled to terminate the contract, to stop work, to invoice all previous services and to claim damages.
Delivery ex works is always at the recipient’s own risk. The customer may only demand compliance with the agreed execution periods or delivery dates if he has provided all the necessary documents and the agreed payment has been received by the supplier in accordance with item 5. If the start, continuation or completion of the work is delayed for reasons for which the client is responsible, the supplier shall be released from the obligation to comply with agreed delivery dates.
If the client does not immediately take remedial action at the supplier’s request, the supplier may demand compensation or set the client a reasonable deadline for performance of the contract and declare the withdrawal from the contract if the deadline expires without result. In the event of termination of the contract, the supplier shall be entitled to claim compensation for all expenses incurred by him or her so far. If the orders are based on special quality regulations, or if the goods are sent to third parties or abroad, the necessary inspection and acceptance must take place at our works. If testing is waived here or if a period of at least one week set by us for testing is not observed, our obligations shall be deemed to have been fulfilled and acceptance shall be deemed to have taken place as soon as the consignment has left our works. In the case of contracts of any kind, we are entitled to make partial deliveries. These are to be invoiced and paid for individually. In the event of force majeure (e.g. labour disputes and other unforeseeable events) at the supplier’s premises or at those of one of his or her subcontractors, the supplier shall be released from the obligation to comply with the delivery period or shall be entitled to withdraw from the contract in whole or in part in the event that delivery or performance becomes impossible.
If delivery dates are exceeded, the client shall remain obliged to accept subsequent delivery.
Defects are subject to the statutory periods. Changes to deliveries or services made before and without the consent of the supplier exclude any legal claim to rectification of defects. The supplier must be given the opportunity for inspection on-site. In the case of justified notices of defects, the defect shall be remedied free of charge within a reasonable period of time. If the rectification of defects fails, a reduction or cancellation of the contract can be demanded. We hereby expressly reject any liability for any claims for compensation for damages, wages, freight expenses, penalties for delay and the like. In the case of repairs, the supplier shall only assume a warranty for the deliveries or services he has carried out. No warranty shall be assumed for damage to deliveries or services of the supplier that was not caused by the supplier.
The Leak Stop Gun GmbH buys components from different subcontractors. The warranty for this is limited according to the terms and conditions of the respective sub-suppliers.
The supplier’s liability is exclusively based on these terms of delivery and payment. All claims not expressly granted herein – including claims for damages for whatever legal reason – are excluded, unless they are based on an intentional or grossly negligent breach of contract by the supplier, a legal representative or vicarious agent.
9. Reservation of title
The deliveries or services remain the property of the supplier until all payments arising from the contract have been received. Insofar as the delivery items have become essential components of an item, the client undertakes, in the event of non-compliance with the agreed payment deadlines, to allow the supplier to dismantle the items that can be removed without significantly impairing this item, in order to transfer the ownership of these items back to him. If the client impairs the aforementioned rights of the supplier, the client shall be obliged to pay damages to the supplier. The dismantling and other costs shall be borne by the client. If delivery items are firmly attached to another item, the customer shall transfer its claims or co-ownership rights to the new item to the supplier if this results in claims or co-ownership.
As long as reservation of title exists, the client may neither pledge the delivered goods nor assign them otherwise as security.
We must be notified immediately of any seizure of the goods subject to retention of title, enclosing the seizure report, so that we can take action of replevin. The costs of such an intervention shall be borne by the customer.
10. Place of jurisdiction
The place of performance for delivery and acceptance is Rhede and the place of jurisdiction is Bocholt, unless otherwise prescribed by law.
Our terms of delivery and payment are decisive, even if the customer’s counter-conditions are not expressly rejected by us. Should a contractual condition be wholly or partially invalid, this shall not affect the validity of the remaining contract.