I. Application / Offers
1. These General Conditions of Sale shall apply to all contracts, including future contracts, with entrepreneurs, jur. Persons governed by public law and public law special assets through deliveries and other services, including works contracts and the supply of unacceptable items. In the case of lines, the terms of the price list of the contracted supplier are additionally applicable. Purchasing conditions of the buyer are not recognized even if we do not expressly contradict them once we have received them.
2. Our offers are free. Verbal agreements and assurances of our employees in connection with the conclusion of the contract will be binding only by our written confirmation.
3. The INCOTERMS, in its most recent version, are in any case decisive for the interpretation of trade clauses.
II. Prices
1. Unless otherwise agreed, the prices and terms of the price list valid at the time of conclusion of the contract shall apply.
2. If, later than four weeks after conclusion of the contract, duties or other external costs, which are included in the agreed price, are changed or are new, we are entitled to a price change to the appropriate extent.
III. Payment and billing
1. Unless otherwise agreed or stated in our invoices, the purchase price shall be due immediately upon delivery without cash discount and payable in such a way that we can dispose of the amount on the due date. The buyer shall bear the costs of the payment transaction. The buyer is entitled to a right of retention and a set-off authority only insofar as his counterclaims are undisputed or legally established.
2. If interest is exceeded or delayed, we charge interest at a rate of 8 percentage points above the base interest rate, unless higher interest rates have been agreed. We reserve the right to assert further default.
3. The buyer is in default at the latest 10 days after the due date of our claim, without a reminder.
4. If, after the conclusion of the contract, it becomes apparent that our payment claim is jeopardized by a lack of the buyer’s ability to perform, or if the purchaser defaults with a considerable amount or if other circumstances suggest that the purchaser’s performance deteriorates, We are entitled to the rights of § 321 BGB. We are then also entitled to demand all claims not yet due from the current business relationship with the buyer.
5. An agreed cash discount always refers only to the invoice value excluding freight and requires full compensation of all due liabilities of the buyer at the time of discounting. Unless otherwise agreed, the discount period starts from the date of the invoice.
IV. Execution of deliveries, delivery periods and dates
1. Our delivery obligation is subject to correct and timely self-deliveries, unless the incorrect or delayed self-delivery is due to us.
2. Information on delivery times is approximate. Delivery periods begin with the date of our order confirmation and shall only be valid if all details of the order are timely and all obligations of the buyer are fulfilled in due time. Provide all official certificates, provide letters of credit and guarantees or
Payment of advance payments.
3. The date of dispatch from the factory or warehouse is decisive for compliance with delivery periods and dates. They shall be deemed to have been adhered to with notification of readiness for dispatch if the goods can not be sent in good time without our fault.
4. In the event of a delay in delivery, the purchaser may set us a reasonable deadline and, after its unsuccessful expiry, withdraw from the contract insofar as the contract has not yet been fulfilled.
In such cases, claims for damages shall be based on Section XI of these Conditions.
V. Proprietary reservation
1. All delivered goods shall remain our property (reserved goods) until all claims, in particular also the respective balance claims, which are due to us within the framework of the business relationship (saldovorbehalt). This also applies to future and conditional claims, e.g. From acceptances, and also when payments are made on specially designated receivables. This balance is permanently expired by settling all receivables still open at the time of payment and recognized by this balance sheet.
2. Processing and processing of the reserved goods shall be carried out by us as a manufacturer within the meaning of § 950 BGB, without obliging us to do so. The treated and processed goods shall be regarded as reserved goods within the meaning of No. 1.
In the case of processing, connection and mixing of the reserved goods with other goods by the buyer, the co-ownership shall be proportionate to the new item at the ratio of the invoice value of the reserved goods to the invoice value of the other goods used.
If our property expires by combination or mixing, the buyer already assigns to us the property rights to the new stock or the goods to the extent of the invoice value of the reserved goods and keeps them free of charge for us. Our co-ownership rights shall be regarded as reserved goods within the meaning of No. 1.
3. The buyer may sell the reserved goods only in normal business transactions to his normal business conditions and as long as he is not in arrears, provided that the receivables from the resale pursuant to Art. Nos. 4 to 6 pass to us. He is not authorized to make other reservations about the reserved goods.
4. The claims arising from the resale of the reserved goods together with all the collateral which the buyer acquires for the claim are already assigned to us.
They serve the same extent as the reserved goods. If the reserved goods are sold by the buyer together with other goods not sold by us, the receivables from the resale are transferred to us in the ratio of the invoice value of the reserved goods to the invoice value of the other sold goods. In the case of the sale of goods on which we are entitled to co-ownership shares pursuant to Art. No. 2, a portion corresponding to our co-ownership share shall be assigned to us.
5. The buyer is entitled to collect claims from the resale. This authorization to collect will expire in the event of our revocation, at the latest in the case of a delay in payment, a non-payment of a bill of exchange or a petition for opening insolvency proceedings. We shall only exercise our right of revocation if, after the conclusion of the contract, it becomes clear that our payment claim from this or other contracts with the buyer is jeopardized by its lack of performance. At our request, the buyer is obligated to immediately inform his customers of the assignment to us and to provide us with the necessary documents for the collection.
6. The purchaser must inform us immediately of any attachment or other impairment by third parties. The buyer bears all costs which must be used to cancel the access or return of the reserved goods, as long as they are not replaced by third parties.
7. If the buyer is in default of payment or if he does not redeem a bill at maturity, we are entitled to withdraw the reserved goods and, for this purpose, to enter the purchaser’s operation if necessary. The same shall apply if, after conclusion of the contract, it becomes clear that our payment claim arising from this or other contracts with the buyer is jeopardized by its lack of performance. The withdrawal is not a withdrawal from the contract. The provisions of the Insolvency Regulation shall remain unaffected.
8. If the invoice value of the existing collateral exceeds by more than 50 per cent the secured claims, including additional claims (interest, costs, etc.), we are obliged to release collateral at our discretion if the purchaser so requests.
VI. Grades, weights and weights
1. Quality and dimensions shall be determined according to the DIN / EN standards or material sheets valid at the time of conclusion of the contract, in the absence of such commercial use. References to standards, material sheets or factory test certificates as well as data on quality, weight, weight and usability are not guarantees or guarantees, as are not declarations of conformity, manufacturer’s declarations and corresponding marks such as CE and GS.
2. For the weights the weighing carried out by us or our sub-supplier is decisive. Weight verification is carried out by submitting the weighing sheet. As far as legally permissible, weights can be determined without weighing by standard. The usual surcharges and discounts (trade weights) remain unaffected in the steel trade of the Federal Republic of Germany. The number of pieces indicated in the shipping note, the number of bills, or the like. Are noncommittal for goods calculated according to weight. Unless a single weighing is usually carried out, the total weight of the consignment shall apply. Differences to the calculated individual weights are distributed relatively to these.
VII. Decreases
1. If an acceptance has been agreed, it can only be carried out in the delivery plant or our warehouse immediately after notification of acceptance. The purchaser bears the personal costs of acceptance, the cost of which is calculated according to our price list or the supplier’s price list.
2. If the acceptance is not carried out without our fault, not in time or not completely, we are entitled to ship the goods without acceptance or to store them at the expense and risk of the buyer and to calculate them.
VIII. Shipping, risk transfer, packaging, partial delivery
1. We determine dispatch route and means as well as freight forwarder and freight carrier.
2. Contractually agreed goods must be called up immediately, otherwise we are entitled to dispatch them at the expense and risk of the buyer at our discretion or at our own discretion and to charge them immediately.
3. If, without our fault, transport is not possible in the intended way or to the intended place within the stipulated time, we are entitled to deliver by another route or to another place; The buyer bears the additional costs. The buyer is given an opportunity to comment beforehand.
4. With the transfer of the goods to a freight forwarder or freight carrier, but at the latest with leaving the warehouse or the delivery facility, the danger, also of a seizure of the goods, goes to the shops in all transactions, also with franking and free house deliveries Buyer over. We provide insurance only at the purchaser’s instructions and costs. Duty and costs of unloading shall be borne by the Purchaser.
5. The goods are delivered unpacked and not protected against rust. If commercially available, we deliver packaged. For packaging, protective and / or transport aids we provide in our experience at the expense of the buyer. They are taken back at our camp. We do not accept costs for the return transport or for our own disposal of the packaging.
6. We are entitled to partial deliveries to a reasonable extent. Branches of customary supplies of the completed quantity are permitted.
IX. Polling orders / continuous deliveries
1. In the case of contracts with an ongoing delivery, we must give up orders and grades for approximately equal monthly quantities; Otherwise we are entitled to make the provisions ourselves at our own discretion.
2. If the individual call-offs exceed the contractual quantity as a whole, we shall be entitled, but not obliged, to deliver the additional quantities. We can calculate the additional quantity at the prices valid at the time of delivery or delivery.
X. Liability for material defects
1. Material defects of the goods shall be reported in writing without delay, at the latest seven days after delivery. Defects which can not be discovered within this period even with the most careful examination are to be reported immediately after discovery, immediately before expiry of the agreed or statutory period of limitation, with the immediate cessation of possible processing and processing.
2. In the case of justified, timely notification of defects, we may, at our discretion, remedy the defect or supply a defect-free product (supplementary performance). In case of failure or refusal of the supplementary performance, the buyer can withdraw from the contract or reduce the purchase price after unsuccessful expiry of a reasonable period. If the defect is not material, or if the goods have already been processed or redesigned, only the right of reduction is granted.
3. We only assume expenses in connection with supplementary performance insofar as they are appropriate in individual cases, in particular in relation to the purchase price of the goods. Expenses arising from the fact that the goods sold have been delivered to a place other than the agreed place of performance shall not be accepted, unless this would correspond to their contractual use.
4. After an agreed acceptance of the goods by the buyer, the complaint of defects which could be ascertained in the agreed type of acceptance is excluded. If the buyer has not been aware of a defect due to negligence, he can only assert rights on account of this defect if we have maliciously concealed the defect or have assumed a guarantee for the quality of the goods.
5. If the purchaser does not immediately give us an opportunity to convince us of the defect, he does not make the disputed goods or samples thereof immediately available for inspection purposes, if necessary, all rights due to the defect.
6. In the case of goods which have been sold as declining material, the Purchaser shall not be entitled to any rights arising out of defects in respect of the reasons for the classification and the deficiencies which are generally to be expected. When selling IIa-Ware, our liability for material defects is excluded.
7. Further claims of the Purchaser shall be in accordance with Section XI of these Conditions. The buyer’s right of recourse pursuant to §§ 478, 479 BGB shall remain unaffected.
XI. General Limitation of Liability and Limitation
1. Due to the violation of contractual and non-contractual obligations, in particular due to impossibility, delay, fault in the initiation of the contract and unauthorized action, we are liable – also for our executive employees and other vicarious agents – only in cases of intent and gross negligence Damage. In all other cases, our liability is excluded, even for defects and defects.
2. These restrictions do not apply to culpable breaches of essential contractual obligations, in so far as the achievement of the purpose of the contract is jeopardized, in the event of culpable damage to life, body and health, and also if and insofar as we sold the guarantee for the condition for the sale As well as in cases of mandatory liability under the Product Liability Act. The rules on the burden of proof remain unaffected.
3. Unless otherwise agreed upon, contractual claims which the buyer incurs against us on the occasion of and in connection with the delivery of the goods shall become statute-barred one year after delivery of the goods. This period shall also apply to goods which are used for a building according to their usual use and which have caused their defect, unless such use was agreed in writing. Our liability for intentional and grossly negligent breach of duty, culpably caused damage to life, body and health, as well as the limitation of recourse claims, shall remain unaffected.
XII. Place of performance, jurisdiction and applicable law
1. The place of fulfillment for our deliveries is the delivery unit at delivery ex works, our warehouse for the remaining deliveries. Jurisdiction is at our discretion the seat of our main branch or the seat of the buyer.
2. For all legal relations between us and the buyer, the German non-exclusive right, in particular the BGB / HGB (German Civil Code), applies in addition to these conditions. The provisions of the Vienna UN Convention on Contracts for the International Sale of Goods of 11 April 1980 do not apply.