Terms and Conditions of Sale and Delivery
1. GENERAL
By placing an order, the buyer acknowledges the terms and conditions of sale and delivery. Our Terms and Conditions of Sale and Delivery shall apply to all future business relations, even if conflicting terms and conditions of purchase have not been objected to in individual cases. Deviating terms and conditions of purchase of our buyers shall only be valid if they have been recognized by us in writing; they shall then only apply to the agreed transaction.
2. QUOTATIONS
Our quotations are subject to change and non-binding with regard to price, quantity, delivery period and delivery options. Documents provided by us, such as cost estimates, drawings and the like, remain our property. They are strictly confidential and may not be copied or made accessible to third parties or companies without our prior written consent. All documents must be returned on request - if no order is placed, without being asked.
3. ORDERS
Orders placed with us require written confirmation for their binding acceptance. This also applies to changes and additions to orders.
4. PRICE AND PAYMENT CONDITIONS
All prices are net, excluding VAT, ex works or warehouse. Invoicing shall be based on the prices valid on the day of delivery. In the case of delivery to non-merchants, the price reservation shall only apply if there are more than 4 months between conclusion of the contract and delivery. If partial deliveries are made, the buyer must pay for each partial delivery in accordance with these terms of payment. The invoice amount shall be collected within 4 days of delivery by direct debit with a 4% discount. The delivery of ordered goods can be made dependent on immediate payment at our discretion. Checks are only accepted by agreement. If the buyer causes a delay in delivery, payments shall be due from the date of readiness for dispatch. In this case, the goods shall be stored at the sole risk and expense of the buyer. The same applies if collection by the buyer has been agreed. In this case, our claim shall become due as soon as we have notified the buyer that the goods are ready for delivery.
If, after conclusion of the contract and before payment, bankruptcy or composition proceedings are opened against the buyer's assets, if third-party creditors enforce payment against the buyer's assets, if the buyer suspends payments or if checks accepted by the buyer are not honored, we may, at our discretion, demand immediate payment or securities, or withdraw from the contract. In the event of withdrawal, any costs incurred shall be borne by the buyer. If the buyer is in arrears with payment, we reserve the right to postpone the fulfillment of our obligations from the entire business relationship until the outstanding payments have been made or to cancel the order, charging all costs incurred to us. The buyer is not entitled to assert a right of retention or to declare a set-off against our due payment claims. If the buyer is in arrears with the settlement of his liability, interest shall be charged at 4% above the respective base interest rate in accordance with § 247 BGB (German Civil Code); in addition, the user may demand payment for all deliveries in transit or still outstanding from the contractual relationship immediately and without deduction of discount.
5. DELIVERIES
The promises of delivery dates are approximate and non-binding and are made subject to the timely transmission of the information and documents necessary for the execution of the order by the buyer, as well as under the condition of good fire safety. Partial deliveries are permissible. The Seller shall not be responsible for delays in delivery and performance due to force majeure or due to events that make delivery significantly more difficult or impossible for the Seller, including subsequently occurring difficulties in the quality of materials, operational disruptions, strikes, lockouts, personnel shortages, lack of means of transportation, official orders, etc., even if they occur with the Seller's delivery types or their subcontractors, even in the case of bindingly agreed deadlines and dates.
They entitle the seller to postpone the delivery for the duration of the hindrance plus a reasonable restart period or to withdraw from the contract in whole or in part due to the part not yet fulfilled. The buyer can only demand a declaration from us as to whether we wish to withdraw from the contract or deliver within a reasonable period of time. Claims for damages by the buyer are excluded. We may also withdraw from the contract in whole or in part in the event of incorrect or untimely delivery by our suppliers, without the buyer being able to derive any claims for damages against us from this. If the delivery is delayed beyond the agreed delivery date due to our fault, the buyer shall grant us a new reasonable delivery period.
6. SHIPMENT AND ACCEPTANCE
Delivery shall be made by shipment or acceptance. Shipment shall be made on behalf of and at the risk and expense of the Buyer. We are authorized to conclude the legal transactions required for shipment with the forwarding agent or carrier on behalf of the buyer. Any return shipments are to be made by the buyer at his own expense and risk. If the goods are accepted by the buyer, the risk shall pass to the buyer upon acceptance. No packaging costs shall be charged except for cardboard packaging and crates as well as rental fees for transport containers (Cellico, rail containers, etc.). Cardboard boxes and crates are charged at cost price. Transport insurance will be taken out at the request of the buyer. The costs of this insurance shall be borne by the buyer.
7. PACKAGING
In accordance with Section 15 (1) VerpackG, the contractor is obliged to take back the transport packaging used by it free of charge in order to reuse or recycle it. The decision on this is the sole responsibility of the client. The costs for the return transport shall be borne by the buyer.
8. RETENTION OF TITLE
The delivered goods shall remain our property until full payment of all claims arising from the respective underlying purchase contract. The following conditions apply exclusively to contractual relationships with registered traders. The right of retention of title extends to all our claims against the buyer to which we are entitled from the business relationship, provided that the claims had already arisen at the time the respective contract was concluded. The right therefore also extends to a current account balance. If the buyer resells the goods in the ordinary course of business, he hereby assigns the claims from the resale to us. The buyer shall always process the goods subject to retention of title on our behalf. In the event of processing by the purchaser with other goods not belonging to us, we shall acquire the rental ownership of the new item in the ratio of the value of the reserved goods to the other processed goods at the time of processing. The buyer is not entitled to pledge the reserved goods or to assign them as security without our consent. He must inform us immediately of any possible interventions by third parties (seizures etc.). In the event of default of payment by the buyer, we shall be entitled to revoke the collection authorization granted to him with regard to the claims assigned to us. In this case, the buyer must provide us with the necessary information that we require to assert the claims assigned to us. In the event of default of payment, we shall also be entitled to take back the goods subject to retention of title without this constituting the assertion of withdrawal.
9. WARRANTY
The Buyer shall give written notice of defects with regard to the delivered goods immediately after completion of the inspection. The defect inspection must be carried out immediately after receipt of the goods. Obvious defects that are not reported within 14 days of receipt of the goods and before any further processing of the material shall be deemed to have been approved. Damage caused by transportation or improper handling by the recipient is excluded from the warranty. Hairline cracks in the glaze are due to the nature of the ceramic material and the firing method and are therefore not grounds for complaint. Furthermore, no warranty is given for absolutely uniform color or for exact conformity with any hand samples submitted. No warranty is given for custom-made products. They are to be accepted and paid for depending on the failure of the fabrication. In particular, the buyer shall be obliged to return to the manufacturer's works, at our discretion, any products notified as defective. In justified warranty cases, we will reimburse the buyer for reasonable shipping costs. We shall only be liable for the absence of warranted characteristics if the relevant warranty has been given in writing. Verbal assurances shall only apply if they have been confirmed in writing. If we fail to confirm verbal assurances in writing, the buyer must work towards obtaining written confirmation immediately after receipt of these terms and conditions. Further claims of the buyer, in particular claims for damages of any kind arising from direct or indirect damage, are excluded. The same applies to claims arising from rescission or reduction, unless these claims expressly arise from the above conditions.
10. PLACE OF PERFORMANCE
Dillingen an der Donau is agreed as the place of jurisdiction for all disputes arising from the delivery relationship in connection with this contract, insofar as it has been concluded with registered traders and these belong to the operation of their commercial business. The relations between the two contracting parties shall be governed exclusively by the law of the Federal Republic of Germany. The application of international sales law is excluded.
11. PARTIAL INEFFECTIVENESS
The possible invalidity of individual provisions of these Terms and Conditions of Sale and Delivery or of the delivery transaction shall not affect the binding nature of the remaining provisions and of the contract as a whole. Any invalid provisions shall be replaced by new provisions which come as close as possible to the economic purpose pursued by the invalid provisions.
12. ARBITRATION
Information obligation according to § 36 I No. 1 VSBG (consumer arbitration) does not require a willingness to participate.