Allgemeine Geschäftsbedingungen von gewe LagerTec
General terms and conditions for use with entrepreneurs and legal entities under public law or special funds under public law.
1. Order and Order Confirmation
The customer's order is a binding offer. We can accept this offer at our discretion by sending a written order confirmation within 3 weeks or by sending the ordered goods to the customer within this period.
Our prices are net prices and do not include VAT at the statutory rate. If a gross price has been agreed in an individual contract, we reserve the right to change the price due to statutory changes in value added tax. The same applies to partial deliveries that have not been invoiced separately. Unless otherwise expressly agreed, our prices apply ex warehouse Breuna or ex our works plus postage, packaging, assembly and all costs and charges for transport, including customs duties. We reserve the right to subsequently increase the agreed price due to changes in the raw material prices of our suppliers. In the event of a subsequent change in our price by more than 5%, the client is entitled to cancel and return the goods 4 weeks after receipt of the price increase.
3. Terms of Payment
Payment must be made in cash without any discount deduction according to the agreed conditions. If the customer is in default, we are entitled to charge interest on arrears at a rate of 8% above the base interest rate. If we can prove a higher damage caused by delay, we are entitled to assert this. The customer is only entitled to set-off rights if his counterclaim is undisputed or has been legally established.
4. Delivery Dates
Unless expressly agreed otherwise, the delivery dates we specify are only approximate dates. The delivery period begins with the dispatch of the order confirmation, but not before the customer has provided the documents, approvals and certificates, releases to be obtained and before receipt of any agreed down payment or any agreed prior provision of necessary parts by the customer. The delivery period is met if the delivery has left the factory by the end of the period or if we have notified that the delivery is ready for dispatch. The delivery period is extended appropriately in the event of delays resulting from labor disputes and other unforeseen obstacles, insofar as these have a demonstrable influence on the completion or delivery of the delivery item. This also applies if these circumstances occur at suppliers. If we are in default, the customer can withdraw from the contract after the expiry of a further reasonable grace period if the goods have not been reported as ready for dispatch by the expiry of the grace period. This applies in the event of partial default, with the proviso that the customer can also withdraw from the entire contract if he can prove that the partial fulfillment is of no interest to him. If the client suffers damage as a result of the delay, he is entitled to claim compensation for delay, to the exclusion of further claims. This amounts to 0.5% for each full week of delay, but no more than 5% of the value of that part of the total delivery that cannot be used or cannot be used in accordance with the contract as a result of the delay. If the customer is in default of acceptance, he is obliged to pay damages, in particular to pay storage and interim financing costs.
5. Retention of Title
The delivered goods remain our property until full payment. The customer is entitled to resell the goods subject to retention of title in the normal course of business, but he is not permitted to pledge or transfer ownership by way of security. The client is obliged to secure all of our rights when reselling the reserved goods on credit. In addition, the customer hereby assigns his claims from the resale of the reserved goods to us. We already accept this assignment. Upon request, the customer must provide us with the information required for collection of the assigned claim and notify the debtor of the assignment. Any treatment or processing of the reserved goods is carried out by the customer for us without any obligations arising for us. If the reserved goods are processed, combined, mixed or blended with other goods that do not belong to the customer, we shall have a co-ownership share in the new item in the ratio of the value of the reserved goods to the other processed goods at the time of processing, combining, mixing or blending to. If the customer acquires sole ownership of the new item, he grants us co-ownership of the new item in proportion to the value of the reserved goods and will store it for us free of charge. If the reserved goods are resold together with other goods, regardless of the condition, the advance assignment agreed in the previous paragraph only applies to the amount of the reserved goods that are the subject of the delivery transaction together with the other goods.
6. Shipping and Passing of Risk
The risk is transferred to the customer at the latest when the goods are dispatched, even if a partial delivery is made or we assume the transport costs in accordance with an individual contractual agreement or do not ship from the place of performance. If the dispatch of the goods is delayed for reasons for which the customer is responsible, the risk is transferred to the customer from the day on which the goods are ready for dispatch.
7. Obligation to examine and give notice of defects / warranty
Upon receipt of the goods, the customer must inspect them immediately and, if there is a recognizable defect (obvious defect), notify us in writing no later than 3 working days after receipt. If the customer fails to do so, the delivery shall be deemed to have been approved free of defects, unless there is a defect that was not recognizable even when the care required in traffic was exercised (hidden defect). If a hidden defect becomes apparent later, the client undertakes to notify us in writing no later than 3 working days after discovery of this defect. Otherwise the delivery shall be deemed to have been approved, even in view of this defect. For the rest, an exclusion period of one year from receipt of the delivery is agreed for hidden defects. The timely dispatch of the notification by the customer is sufficient for the timeliness of the notification. For the rest, § 377 paragraph V HGB applies. If there is a defect for which we are responsible, we are entitled to choose between remedying the defect or subsequent delivery. If the defect is remedied, we are obliged to bear all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labor and material costs. If we are not willing or unable to make a subsequent delivery, or if the subsequent delivery or the remedy of the defect fails, or if the remedy of the defect is delayed beyond a reasonable period of time for reasons for which we are responsible, the customer is entitled to choose to withdraw from the contract or to to demand a reasonable reduction in the purchase price. Claims by the customer going beyond this, in particular claims for damages, including lost profits or other financial losses on the part of the customer, are excluded. The above exemption from liability does not apply if the damage is due to intent, gross negligence or the lack of a separately guaranteed property in an individual contract, as well as claims under Sections 1 and 4 of the Product Liability Act.
If a contractual obligation is negligently violated, our liability is limited to the foreseeable damage.
Claims by the customer for material defects and defects of title in movable objects become time-barred after one year from handover, unless the defect has been fraudulently concealed or we have given a special guarantee.
Our warranty is 12 months.
8. Place of Performance
Place of performance for our deliveries and services is our company headquarters in 34479 Breuna.