Terms and conditions
1. All offers, deliveries and agreements are only
our policy is based.
2. Our offers are subject to change. Contracts and agreements, in particular,
those that change those conditions, first by
written confirmation on our part. Our agreements
Field workers are only effective if in writing by
We are confirmed.
3. The business and commercial conditions of the buyer object to
we explicitly. They commit us not if we in the contract
have not objected.
4. One-off by the buyer demands are excluded,
unless the counterclaims are undisputed or
judicata. Withhold payment to the buyer
not to. This does not apply to business transactions with non-traders, as far as
the lien on the same contractual relationship. A
Performance Right of refusal on the part of the buyer is in business
excluded by merchants.
1. The dispatch takes place, unless otherwise agreed, for the account
and risk of the buyer. With the delivery of goods to the carrier
or carrier, the latest when the goods leave the factory or warehouse
has left, the risk passes to the buyer. If during the
Transport damage to the goods on or in the consignment note
listed goods are not delivered full strength, so did the ship-
by the delivery person (with shipping shipping = truck driver; at
Federal Railroad freight shipping = receiving station) to the bill immediately
the damage noted in detail and confirm them
. Allow The consignment note is to damage us for the assertion
to hand over the compensation for the buyer, have to take legal action
Enforcement of the claims we are not obliged oblige, but
we look for such measures, the purchaser to suit as
Enable enforcement. Even if free delivery receiving station
the buyer is agreed, the buyer bears the risk of shipment.
In these cases we make, however, the extent damage during transport and in
the size spare, even when we get compensation for damage in transit.
The replacement is at our discretion, either through free
Replacement or credit of the refund amount.
2. With shipment of the goods, we can transport and the
Choose a shipping route to the exclusion of any liability. This exclusion
shall not apply in commercial transactions with merchants, or the
the manager or one of our officers, in
with the non-traders or managers or
one of our employees, at least acted with gross negligence
have. For shipping insurance, we are only at the express request
required. The costs borne by the buyer.
III. Delivery time
1. The delivery time begins after receipt of confirmation of order, subject
the possibility of delivery and other contractual arrangements.
2. The agreed deadline is extended from without prejudice to our rights
Default of the buyer to the period by which the purchaser with its
Obligations under this or any other accounts are in default.
This applies, mutatis mutandis, when a delivery has been agreed.
3. If we are at fault, the buyer must allow a reasonable
Grace period. After this period, he may by the end
Withdraw if the goods to him by this time not as a ready
have been reported.
4. Any claims for compensation arising from failure to meet delivery deadlines
or delivery dates are limited to the contract amount, unless the
or the manager or one of our employees, the delay
was caused by negligence.
5. Force majeure shall entitle us to the delivery for the duration
delay of disability and a reasonable time
or to withdraw from the unfulfilled portion of the contract.
Force majeure includes strikes, lockouts, riots and other
Circumstances which impede delivery is essential or
impossible, and no matter whether they are with us or any
our subcontractor. The buyer can we Declaration
ask whether we withdraw or deliver within a reasonable time
want. If we do not, may withdraw the buyer.
IV.Terms of Payment
1. Our invoices are payable within 30 days of the invoice date
net or within 10 days with a 2% discount. The
these discounts will be granted if the buyer of the
Payment of previous deliveries is in arrears.
2.Genehmigung of pressures from direct debits
If the customer has a debit entry of a debit, for which he is the
Creditors granted a direct debit has not been approved, he
Objections to these accounts in the balance of the next
contained debit entry no later than within six weeks after
to bring access of accounts. If the objections
writing, it is sufficient to dispatch within the six-week period. The
Failure to make timely objections be considered as approval of the load.
Should a direct debit to be reversed is a reasonable
Fee of 5% of the invoice amount.
3. In case of late we will charge interest in accordance with their
Interest rates for short-term bank loans, but at a minimum
of 5% per annum above the base rate for legal transactions,
in which a consumer is not involved, 8% above the base rate.
4. For PayPal payments, a system is the fee of 2% of the net amount.
V. Retention of title
1. In business transactions with merchants all delivered goods until
Fulfillment of all our claims from the business
with our respective buyer of the property (conditional goods), even if
Payments for specific claims are made.
Compared to non-traders, we retain the title to the goods
Goods until the fulfillment of the purchase price before.
2. The buyer is entitled to the goods in proper
to process and sell as long as he does not us
is in default towards. He is entitled to sell or to be processed
of the goods shall be used only with the proviso that the
Receivables from the resale or processing in accordance with
Digits 3-5 are transferred to us. To dispose of the reserved property
he is not entitled.
1. Since working conditions in construction and the application areas for
Our products are very different, we can use our
Processing instructions provide only general guidelines. Be
special requirements found in the outside of the
targeted applications and working conditions
stand, we are for the purpose of support for further
Provide advice, legal obligations on our part,
of any kind will be created thereby.
2. Consumption data in our processing instructions are mean
VII. complaints, liability
1. All information regarding the suitability, processing and application of our
Products take place, technical advice and other information to
good faith discharge the buyer but not from their own investigations
and tests. The arrangement of textures and
Over any guarantees for us is only binding if
it has been explicitly made in the contract.
For any warranty claims in respect of quality and application
the product is the current Technical Data Sheet
decisive, as it is available from our website on the internet
can and in any other way any time by request
Is made available. Should the seller of the local requirements
from a defect claim or other liability on our part
2. Buyers must the delivered goods immediately for possible defects
and examine if a defect is found, we shall immediately
writing of property. Unless this happens, then the goods as
approved. For buyers who are not consumers, this occurred both in
and for non-obvious defects. Unless the buyer
Consumer, is limited for the immediate duty to examine
obvious, apparent defects.
3. If any defects in the goods delivered and on time
Notification of the defect by the buyer within the limitation period
We provide free replacement for defective goods, provided that the
Defect existed at risk. For a failure of the
Remedy is the purchaser at his discretion the right to withhold
compensation or to cancel the contract. For any
Compensation claims or claims for reimbursement of expenses is
paragraph 5 below
4. In case of complaint, the purchaser will be at our request, the
Possibility of review by immediately sending in
Material Specimens. Upon the breach of this obligation to the
Buyer no claims against us, unless the
Breach of this obligation, our review of the buyer causation
neither hinders nor difficult. The costs of delivery of
Material samples and the removal charged to us when the
material delivered was defective.
5. We are liable to the buyer for damages - for whatever legal reason,
whether in contract or tort - in cases of intent,
gross negligence, injury of life, limb
or health, or because of the lack of an agreed quality,
the extent that the agreement reached just a loss event
should prevent, or breach of essential
Contractual obligations (cardinal obligations), or for other compelling
law. The damages for the infringement of
Contractual obligations to foreseeable contract-
Damage and only limited to up to a maximum of € 100,000.00,
unless intent or gross negligence of our legal representative
or our agents or loss of life,
body or health are present. A change in the burden of proof
to the detriment of the buyer is not with the above regulations
connected. The above rules apply to compensation for futile
6. The limitation period for any warranty claims is one year
Delivery of the goods in the absence of consumer goods or
otherwise mandatory by law for a longer period of limitation
VIII. Place of performance and jurisdiction
1. Performance for both parties is D-47608 Geldern. In all the
is on the business relations disputes in commercial transactions
with merchants, D-47608 Geldern of jurisdiction,
even in the bills and checks.
IX. Final Provisions
1. For the business relationship with our customer is in any case under
Exclusion of foreign law only German law. Excluded
however, is the application of UN-Kaufrechts/CISG.
2. For export of our goods by our customers in areas outside
the Federal Republic of Germany, we do not assume any liability
if our products are being violated by rights of third parties. The
Buyer is obliged to pay compensation for damage caused by the export
is caused by goods that we are not explicitly for export
A contract is concluded only with the involvement of these provisions.
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