General Terms and Conditions (GTC)
§ 1 Scope of Application
These general terms and conditions apply to all deliveries and services from us to the contracting partner. They also apply without renewed express reference for our future deliveries and services to the contracting partner, insofar as they are a legal entity under public law, a special fund under public law, or a merchant and the contract belongs to the operation of their commercial business. Our general terms and conditions apply exclusively. The application of deviating or supplementary terms and conditions of the contracting partner is expressly rejected. These require our written consent in individual cases for their validity.
§ 2 Conclusion of Contract
Our offers are always non-binding and without obligation. Declarations of acceptance and all orders require the written or telegraphic confirmation of the seller for legal validity. The same applies to additions, amendments, or collateral agreements. Intermediate sale remains reserved until final reservation. The final reservation occurs upon irrevocable receipt of the deposit or bank guarantee or a letter of credit accepted by the supplier.
§ 3 Prices
Unless otherwise stated, the seller is bound to the prices contained in their offers for 30 days from their date. The prices stated in the seller's order confirmation are decisive. Additional deliveries and services will be charged separately. The stated prices apply to deliveries ex our warehouse and are net prices plus the costs for packaging, freight, installation, postage, insurance expenses, any costs of banking and payment transactions, as well as other ancillary costs. The statutory value-added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.
§ 4 Delivery
Unless otherwise stated in the order confirmation, delivery ex our warehouse is agreed. The agreed delivery period begins in principle with the conclusion of the contract, but not before the complete receipt of any documents to be provided by the contracting partner as well as any advance payments. The delivery period is considered met if by this expiry the delivery item has left our warehouse or has been indicated as ready for dispatch to the contracting partner.
§ 5 Transfer of Risk
The risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport or has left the seller's warehouse for the purpose of shipping. If shipment becomes impossible through no fault of the seller, the risk passes to the buyer upon notification of readiness for dispatch.
§ 6 Acceptance
The buyer is obligated to accept the purchased item upon delivery and to confirm the takeover to the seller in writing. If the buyer is in arrears with the takeover of the purchased item for more than 14 days from the provision date, the seller is entitled to withdraw from the contract or to demand compensation for non-fulfillment. If the seller demands compensation, this amounts to 15% of the purchase price.
§ 7 Warranty
Used machines are delivered without warranty for existing defects. Accessories are only delivered insofar as they are connected and their affiliation has been confirmed. The goods are sold in the condition in which they are at the time of contract conclusion. The buyer has the right to inspect and examine the goods before concluding the contract. If they do not make use of this right, for whatever reason, partially or not at all, they acknowledge the condition of the goods sight unseen.
§ 8 Retention of Title
We retain ownership of the delivery item until complete payment of all claims arising from this contract, including those from checks and bills of exchange, as well as any check and bill recourse claims from check or bill payments made on account of fulfillment.
§ 9 Rights of Retention and Set-off
We are entitled, in case of payment arrears, to make further deliveries dependent on the complete payment of the payment arrears. Set-off with disputed, not legally established and not ready for decision counterclaims of the contracting partner is excluded.
§ 10 Liability
The contracting partner is generally not entitled to any other or further contractual or legal claims against us than those granted in these general offer, delivery and payment conditions. Our liability is limited in any case to intent and gross negligence as well as the culpable breach of essential contractual obligations and the absence of warranted characteristics.
§ 11 Additional Conditions for Assembly Work
The assembly of the purchased item takes place - if such has been agreed - at the expense of the customer. The assembly costs also include the costs of arrival and departure of the assembly personnel including tools, as well as any necessary accommodation and catering costs.
§ 12 Place of Performance, Jurisdiction, Applicable Law
Place of performance for all claims from the business relationship is 89522 Heidenheim, insofar as the contracting partner is a merchant within the meaning of commercial law or a legal entity under public law. Jurisdiction for all claims from the business relationship is the court with local jurisdiction for the headquarters of our company. All contractual and business relationships between us and the contracting partner are judged exclusively according to the law of the Federal Republic of Germany.
GS-INDUSTRIESERVICE
89518 Heidenheim