Conditions of sale, delivery and service (GTC)
Our offers, deliveries and services are made exclusively based on our terms and conditions for sales, delivery and services and are also used as the basis for future business relationships, even if our general terms and conditions are not expressly referred to in individual cases. The general terms and conditions of our contractual partner are hereby expressly contradicted, including for further future contractual relationships. The information and offers contained in brochures, plans or advertisements, including prices, are non-binding. The delivery or service as such is not a confirmation.
§ 1 conclusion of contract
All contracts only become binding for us after our written confirmation. The order confirmation will be sent within 15 working days of the conclusion of the contract. If, in the opinion of the customer, our confirmation deviates from previously made agreements, the customer must immediately raise an objection in writing, otherwise our confirmation letter is deemed to have been approved. Ancillary and additional agreements are valid if they are confirmed by us in writing. Later agreements require our written confirmation to be valid. We must reserve the right to deviations that are based on the continuous development and improvement of our products. Cost estimates, drafts and drawings may not be reproduced or made available to third parties without our consent. If the order is not placed or on request, these documents must be returned to us. If the interested party can work out a concrete offer with architectural services, drawings and cost estimates without concluding a contract, we are entitled to invoice 5% of the offer amount for expenses incurred. If the buyer has reserved the more detailed provisions on form, dimensions or similar factors, he is obliged to make the reserved decision. If, in the event of default, the buyer does not meet the reserved provision despite repeated requests, we are entitled to decide at our discretion.
§ 2 prices / price changes
The prices mentioned are net prices without VAT. It is therefore the VAT to be paid in the respective statutory amount. Unless expressly agreed otherwise and confirmed by us in writing, the prices are ex works and without packaging and are not binding for any subsequent orders. The prices recognized upon conclusion of the contract are to be changed if the raw material prices rise or fall by more than 5% during production. Collective wage increases after the conclusion of the contract must in any case be reimbursed by the customer in the actual amount plus a wage surcharge of 60% of the increase. If there are more than 4 months between the conclusion of the contract and the agreed or actual delivery date, our prices valid at the time of delivery or provision apply.
§ 3 delivery times
The agreed delivery time is also extended by the time by which the delivery is delayed due to operational disruptions or restrictions, strikes or lockouts with us or our suppliers or due to all cases of force majeure. If the customer cannot reasonably be expected to extend the delivery time, he is entitled to withdraw from the contract, but with reimbursement of expenses according to § 1 (5% of the contract amount). We strive to meet the specified deadlines. If we fall into arrears, the customer can withdraw from the contract or demand compensation for non-performance in accordance with the following provisions. The duration of the grace period to be set by the customer is at least 6 weeks, which begins with the receipt of the grace period with us. The customer can only demand compensation for non-performance if we and / or our vicarious agents caused the damage willfully or through gross negligence. If the customer does not make use of the above rights, he is not entitled to any claims for compensation from non-compliance with any delivery dates. The extended liability according to § 287 BGB is excluded.
§ 4 payment
Bills of exchange are only accepted subject to the possibility of discounting. Bank discount charges and other fees are to be reimbursed immediately. In the event of non-compliance, including payments on account, we can set the debtor in default and set a reasonable grace period with the declaration that the performance will no longer be accepted after the set period has expired. Thereafter, we have the right to withdraw from the entire contract or, at our option, to compensation for non-performance. If there are later indications against the economic circumstances of the customer so that the manufacturer's claims appear to be endangered, the manufacturer has the right to prior security within one week. If the customer does not comply with this request, the manufacturer can withdraw from the contract without further ado. Technical and commercial employees are not entitled to collect cash. Incoming payments will be offset by us subject to the condition of § 366 BGB.
§ 5 Warranty
The scope of our warranty is based exclusively on VOB, Part B, §13, Numbers 1 - 6. Material shrinkage and shrinkage of the material used due to the on-site conditions up to 2%, with central and permanent heating up to 4%, is not subject to the warranty. This also applies to grid ceilings and bunk partitions made of chipboard. A prerequisite for the guarantee on floor coverings is the observation of our cleaning and care instructions as well as normal use of the flooring. In the case of velor carpets, permanent shading (so-called "shading effects") can occur in rare cases, the cause of which is not related to the material, construction or installation and does not affect usability. No guarantee is given for the occurrence of "shading". Material and part-related color deviations of textile cover fabrics and floor coverings are checked by us before processing. Remaining color differences within the scope of the usual tolerances, which are reasonable considering the interests of both sides, are also not a defect. The same applies to wallpapers made from vegetable raw materials (e.g. natural fibers, cork, etc.). If these goods are merely resold, we are only liable for unprocessed rolls. Notices of defects must be made immediately after receipt of the goods or after the service has been performed, at the latest within 5 working days by registered letter at the company's headquarters. Entering the discussion does not deprive us of the right to assert the delay. In the case of justified complaints about the entire delivery or individual parts of the delivery, we have the right to repair or replacement. Only if the repeated improvement or replacement delivery fails, an appropriate reduction in the remuneration or conversion is permitted. Claims for damages, including claims for reimbursement of freight expenses, wages and price differences in cover purchases for consequential and incidental damage of any kind are excluded. Use is deemed to be a defect-free acceptance.
§ 6 Delay in acceptance
If the customer defaults on accepting the goods or the service, the goods or the service are deemed to have been accepted or delivered or performed in accordance with the contract.
§ 7 Transfer of Risk
Unless special agreements have been made, all shipments travel at the risk of the recipient. Shipping instructions will be considered by us whenever possible, otherwise we will ship to the best of our commercial judgment. Liability on our part for the cheapest shipping is excluded. Deliveries are made by truck to a drivable construction site designated by the customer up to the loading ramp. In the absence of a loading ramp, the customer bears the additional costs of the additional transport resulting from this. If the construction site designated by the customer is not accessible by truck, the supplier is not obliged to perform.
§ 8 Retention of Title and Insurance
The delivered items remain our property until the order price has been paid in full. For the duration of the retention of title, the customer must adequately insure the delivery items against fire, burglary, theft and water damage. Proof of the conclusion of the contract must be provided to the supplier upon request. If the purchaser does not insure the delivered items on time (within 3 days), the supplier is entitled to insure them at the purchaser's expense. Insurance claims can already now be assigned to the manufacturer in the amount owed to the manufacturer. The supplier reserves the right to assert claims against the insurance company in its own name.
§ 9 place of jurisdiction
The place of jurisdiction for both contracting parties is 46399 Bocholt. Status: January 2020