Terms and Conditions
Terms and Conditions of Purchase, Delivery and Payment
1. GeneralAll orders and business transactions are subject to our terms and conditions of purchase, delivery and payment.
Any terms and conditions of sale, delivery and payment of a supplier receiving an order from us, insofar as they deviate from our own terms and conditions, are only to be considered binding for us if we have expressly declared our acceptance of the supplier's terms and conditions in our order. Our silence in case of deviating terms and conditions of the supplier is not to be taken to imply our acceptance, especially where the applicability of our own terms and conditions is to be excluded.
Any mutual agreements reached in connection with any particular business transaction are considered binding for us only for this individual case; they have no retrospective effect for previous transactions and are not automatically applicable for future business.
We assume your consent regarding the saving, communication and processing of your personal data in electronic or card files within the framework of our contractual or similar relations.
2. OrdersWe consider ourselves bound only to written orders signed by a staff member with powers of representation. Agreements reached orally or by telephone become effective only after our written confirmation.
Quantity, type, weight, dimensions, quality, etc. are to be observed. Building materials are to be produced and delivered in compliance with DIN standards.
A. Orders covered by the Contract Procedures for Building Works (VOB):
- d- The General Conditions of Contract for the Execution of Building Work DIN 1961 - (VOB Part B),
- The General Technical Specifications for Building Works - ATV - (VOB Part C),
B. covered by the Contract Procedures for the Provision of Services - except Building Works - (VOL)
- The General Conditions of Contract for the Execution of Services (VOL)
Notes regarding order cases A and B
If the above contract procedures are not known to the
supplier, and insofar as they are not enclosed with the order note, the
supplier is asked to inspect or request the procedures through or from
Any deviations from our order require our written approval.
We reserve the right to exceed or remain below the ordered quantities. In case of any deviations in quantity, the unit prices specified in the order shall apply.
3. Delivery and passage of riskIt is imperative that all delivery times agreed or specified later (call orders) are observed to the precise day and hour. In case of delays in delivery, we are entitled at our own discretion to withdraw from the contract or to assert our further rights, such as claims for compensation, etc. We are not obliged to grant an extension of term.
Unless agreed expressly to the contrary, deliveries are to be made free to our specified place of use. Each delivery is to be accompanied by a delivery note with exact specifications of quantity, type, weight, dimensions, price, quality, etc.
The risk of accidental loss is passed to us only after the goods have been received at the place of delivery during normal working hours, have been unloaded in accordance with instructions and are shielded against damage, insofar as the delivery is in accordance with the contract.
If deliveries are made outside normal working hours or to a place other than that agreed, then the risk of accidental loss is passed to us only after we have taken possession of the delivery. Our taking possession of the goods, even where this is confirmed by a signature on the delivery note, does not imply under any circumstances confirmation of a delivery free of defects. This confirmation cannot be given until we have had the time and opportunity to inspect the delivery.
4. Notice of defectsVisible defects will be notified by us within a period of 14 days. Defects which are not immediately visible entitle us to provide notification at a later time.
Where deliveries are made outside normal working hours or to a place other than that agreed, we are entitled to charge the incurred additional costs to the supplier. The consequences of an impossibility for us to verify the delivery quantity and quality are to be born by the supplier. Receipts specifying delivered quantities are not binding for us in such cases. The above stipulation is not applicable if the deviating delivery time was agreed previously in writing.
5. WithdrawalIn case of acts of God, strike, inclement weather, changes in the overall building schedule, termination of the building measure by our client or other grounds requiring or entitling us to terminate the building measure, we are entitled to withdraw from our order for delivery or further delivery or to change the time for delivery, without the supplier being able to assert claims of any kind based on these circumstances.
Insofar as we are able to assert claims for compensation against our client, we may assign these claims to our supplier.
We are furthermore entitled to withdraw from an order if, according to our information, the supplier's financial situation appears to endanger proper delivery. At our discretion, we may ask for a delivery guarantee to be provided in a suitable form. Additional costs entitle us to demand reimbursement.
6. PricesThe agreed prices are deemed to be fixed prices for the goods specified in the order. Price increases asserted between the times of order and delivery will not be recognised.
The supplier is also bound to the agreed prices in case of any price increases which arise in the meantime.
7. Delivery notesDelivery notes are to be completed fully, i.e. with specification of the place to which the goods were delivered, whether the delivery was a part, remaining or full delivery, and when the goods were delivered. Only then is it possible to ensure proper invoice verification.
8. InvoicesUnless agreed otherwise, all invoices are to be submitted to our address in quadruplicate without delay after delivery is effected. They are to be draw up clearly with specification of the order number, the date, the time of delivery and the place of delivery, so as to permit full verification without undue difficulty.
9. PaymentsUnless otherwise agreed, settlement is to be effected either within 14 days after receipt of the invoice at our address with deduction of a discount of 3% or else without deduction after 80 days, at our discretion.
An assignment or pledging of dues, whether as a whole or in part, is permissible with written consent. We reserve a right of retention with regard to all delivered goods as security for all claims held by us against the supplier.
10. Subcontracting of ordersThe supplier is required under all circumstances to execute the order himself. The subcontracting of an order, even if the supplier effects delivery in his own name, is permitted only with our consent.
11. Defects in titleThe supplier undertakes to deliver only goods which belong to him and are not subject to the rights of third parties.
12. Place of jurisdiction and applicable lawThe exclusive place of jurisdiction, also for documentary, bill enforcement and cheque proceedings, is Lohmen. We are also entitled to bring action against the supplier at the place of his offices. If the supplier is not a registered trader, then the statutory rules shall apply.
The law of the Federal Republic of Germany is to apply.