Terms of delivery and payment terms
These delivery and payment terms form the basis of all our offers and contracts as well as deliveries and achievements in the business dealings with enterprise. Divergent arrangements and shopping terms of our customers are obliging only if they are confirmed by us in writing.
2. Offers and prices
Our offers are always not-binding up to the completion of the contract. Contractual obligations originate for us only if we confirm this in writing. Prices get on from work of delivery. The list prices valid during the day to the delivery are calculated if not expressly other prices are agreed. It is included at the time of the delivery in each case valid sales tax. Duties and other additional delivery to be paid on the product go to loads of our customer.
3. State and pattern
Our brickyard products are homogeneous bulk goods which are produced in a natural fuel process. If nothing else is agreed, we deliver goods after appropriate GERMAN INSTITUTE FOR STANDARDIZATION norms in work-customary assortment. Hence, patterns of every kind and size, tests, pictures and descriptions are valid only as non-binding view pieces and are not decisive. Minor deviations do not entitle to objections. The reference on GERMAN INSTITUTE FOR STANDARDIZATION norms shows only one goods description and no state guarantee for the purposes of §443 to Civil Code. A state and durability guarantee must be expressly agreed as those or be marked.
4. Delivery and danger crossing
Deliveries occur ex works. Our customer or according to his collector §412 HGB is responsible for proper load and the load protection. The danger of the accidental setting and the accidental deterioration of the product goes over in loading on the customer, even if a delivery is agreed. Delayed itself the sending or the decrease for reasons not to be represented by us, passes over the danger already in access of the announcement of the dispatch readiness on the customer. If a delivery is agreed, this occurs at the expenses of and danger of our customer. Our customer has to provide for the fact that the Entladestelle by heavy load train are practicable and pass suitable Entlademöglichkeit and will unload the vehicle of delivery immediately and sachgemäß. If these conditions are not given, our customer sticks for damages originating through this. Dates of delivery and terms of delivery need explicit arrangement. They are only obliging if they are confirmed by us in writing. With an alteration of contract the term of delivery is only obliging if it is confirmed by us once more. For manufacture-technical and transport-technical reasons we reserve ourselves a short delivery more or from up to 3%. The customer has to accept reasonable part deliveries.
5. Liability for defects
The customer has to check the delivered product immediately on receipt of. Recognizable defects, amount differences or wrong deliveries are written before connection, mixture or processing of the delivered product to register at the latest, however, within 7 days after acceptance of the product not recognizable defects within 7 days after her being recognizable. Opportunity is to be given us to the examination of the indicated objections and to the presence with withdrawals for material testings. In production, transport or processing of coarse-ceramic products to appearing slight damages, colour divergences or Ausblühungen which do not affect the usual usability considerably or customary break cannot will complain. In case of an entitled fault rebuke appropriate for term we could remove after our choice the lack or deliver anew. If spare deliveries or finishing touches miss or they require an unverhälnismäßigen expenditure, our customer is able regardless of any compensation claims after figure 6 these terms of delivery and payment terms – withdraw from the contract or – for installation – a decrease of the purchase price ask.
6. Damage and expenditure claims for damages
Not expressly in these conditions admitted claims, in particular compensation claims from impossibility, incapacity, delay, injury of contractual accessory obligations, fault with contract end, unauthorised action – also so far such claims in connection with guarantee rights of the principal stand (lack secondary damages) – are excluded, unless, a. that the damage deliberately or B. has been caused roughly negligently by leading employees or C. the fact that contractual duties are injured culpably whose disregard the reaching of the contract purpose would endanger. In cases of the absence of assured qualities the shop assistant sticks in this respect when the assurance pursues the goal to secure the principal just against the stamped damages.
Our calculations are due immediately and are payable within 7 days from calculation date without deduction. For the Rechtzeitigkeit of the payment the monetary entrance is decisive with us (validity on the bank account). On late payment (at the end of 7 days from calculation date) we calculate legal interests on arrears at the rate of 8% about the base interest rate according to §247 to Civil Code. The assertion of a further damage is left. If the default also still stops after demand, we are entitled to carry out other deliveries only against precash. With reasonable doubts about the creditworthiness of our customer (e.g., constant disregard of our payment terms) we are also entitled to explain other deliveries only against precash and to put all being open – also deferred – invoice amounts immediately due and to require immediate cash payment or security. This is not valid if our customer has rightly complained of the delivery. Compared with our demands can be charged by our customer only with indisputable or legally ascertained counterclaims or a retention right be exercised.
8. Retention of title and demand protection
The delivered product remains up to the entire payment of all demands from the business connection between us and the customer our property (reservation product). The exercise of the retention of title does not mean at the same time the resignation of the bill of sale. Our customer is entitled to the wide disposal of the reservation product in the normal business dealings. Nevertheless, a Verpfändung or protection conveyance of the product is not permitted to him. He is obliged to protect our rights in the reservation product with the resale on loan. By now the demands of our customer from the wide disposal of the reservation product are resigned to us. Our customer remains entitled for the collection of the demand., as long as he follows to his obligations to us towards and does not get in property decay. At our desire the customer has to make us the collection essential informations about the resigned demands to inform of the cession his debtors and to hand over us the documents necessary for a collection in copy. The customer carries out any treatment or processing of the reservation product for us, without from it obligations originate for us. By processing, connection, mixture or Vermengung of the reservation product with others, to us to belonging goods, the besides originating joint ownership part is not entitled to us in the new thing comparatively of the value of the reservation product to the remaining processed product at the time of the processing, connection, mixture or Vermengung. If our customer acquires the Alleineigentum in the new product, unity, that our customer passes us comparatively of the value processed or. linked, mixed or mixed reservation product joint ownership in the new thing puts away and this free of charge for us kept. If the reservation product is resold together with other goods, namely immediately whether without or after processing, connection, mixture or Vermengung, the agreed advance cession is valid only by height of the calculation value of the reservation product which is resold together with other goods. About execution measures or other accesses of third in the reservation product or in the beforehand resigned demands our customer has to inform us immediately under handing over of the documents necessary for an intervention. In the same manner he is obliged to indicate the Gläubigern our reservation right immediately. We commit ourselves, which to release in this respect us according to the preceding regulations to lasted protections after our choice by request of our customer when the value of the securities exceeds the demands to be protected about 10%. In case of the full payment of all our demands from the business connection the property goes over in the reservation product and resigned demands just like that on our customer.
9. Place of fulfilment and legal venue
Place of fulfilment is the work of delivery. Legal venue is a nice valley, provided that the conditions §38 ZPO are given. Exclusively the right of the Federal Republic of Germany is valid for all contractual relations.
10. Data protection
Our customer agrees with the fact that the data referring on his person which are necessary within the scope of the contractual relationship are stored considering the federal data protection act centrally. The same is valid for the offer data.
11. Final regulation
Should single regulations of these delivery and payment terms be ineffective or become, the validity of the remaining regulations is not thereby touched. In addition are valid the legal regulations.