GTC

General Terms and conditions of the terraplatik Spritzgusstechnik GmbH

§ 1. General

(1) For all our deliveries and services exclusively on the following sale and delivery; they apply only to companies within the meaning of § 310 para. 1 i.V.m. § 14 of the Civil Code.

(2) Deviating conditions of the buyer, we do not explicitly acknowledge, are not binding, even if we do not explicitly contradict them.

(3) inclusion and interpretation of these sales and delivery conditions as well as conclusion and interpretation of legal transactions with the purchaser exclusively by the laws of the Federal Republic of Germany. The application of the uniform law on the conclusion of international sales contracts for movable goods, the uniform law on the international sale of goods of the CISG is excluded.

(4) The invalidity of any provision of this contract or its constituents does not affect the remaining provisions. The contractors are required to the extent reasonable in good faith to replace an ineffective provision by an economic result as similar as effective regulation, providing there is no significant change in the contract content is brought about; The same applies if a need of regulation issue is not specifically regulated.

(5) performance for all arising directly or indirectly from this contract obligations, including the payment obligation, is D-66663 Merzig.

(6) jurisdiction is responsible for our headquarters of trial, if the buyer is a businessman. We are also entitled to take action before a court that has jurisdiction for the purchaser the seat or an establishment.

 

§ 2 Offers, scope and contract

(1) Our offers are subject to contract.

(2) Only our order confirmation is decisive for the scope of the contractually agreed performance.

(3) changes to the design, material selection, specification and design, we reserve even after sending the order confirmation, provided these amendments do not contradict the order confirmation nor the buyer's specification. The buyer will agree moreover with our further changes proposals, insofar as these are reasonable for the customer.

(4) Partial deliveries are permitted.

(5) The documentation submitted to the offer or order confirmation is based, such as illustrations, drawings, measurements and weights are generally to be understood as only approximate, unless they are expressly designated as binding.

 

§ 3 Prices and Payment

(1) Our prices are, unless otherwise agreed, ex works excluding packaging and other shipping and transportation expenses. Packaging is charged at cost price and only taken back when we force is imperative statutory provisions required to do so.

(2) If the period between contract and delivery of more than 4 months without a delivery delay of our part, we can make the price reasonable increase considering been incurred material and labor costs and other additional costs that will be borne by us. If the purchase price by more than 40%, the buyer is entitled to rescind the contract.

(3) Are considered changes desired by the buyer, so the resulting additional cost to the purchaser.

(4) the respective agreement reached is valid for payments. Unless otherwise agreed, our invoices are payable within 14 days with 2% discount or 30 days net.

(5) In case of culpable exceeding of the payment period be required subject to the assertion of further claims interest in the amount of 8% above the applicable base rate.

 

§ 4 Offsetting and retention Offsetting and retention are excluded unless the set-off claim is undisputed or legally binding.

 

§ 5 Delivery time

The stated delivery time is made at our discretion and shall be reasonably extended if the purchaser in turn delays required or agreed cooperation or fails. The same applies accordingly in case of labor disputes, especially strikes and lockouts, or if unforeseen obstacles that are beyond the control of the seller, for example, Delivery delays of, traffic and operational disruptions, materials or energy shortage etc. Also prompted by the buyer changes the delivered goods lead to an appropriate extension of the delivery deadline.

 

§ 6 Transfer of Risk

The risk passes to the buyer as soon as we have the goods made available to the buyer and this indicates to the buyer.

 

§ 7 Retention of title

(1) We retain title to the goods delivered until full payment before. The retention of title also applies until all claims, including future and conditional claims arising from the business relationship between the buyer and met us are.

(2) The buyer is not authorized to security or pledge the goods, however, be entitled to resell the goods in the ordinary course of business. The arising therefrom towards its business partners claims he hereby assigns to us.

(3) If the goods are treated or processed by the Buyer, the retention of title shall extend to the new finished. The buyer acquires ownership to the fraction of that to correspond to the ratio of the value of his goods, the goods supplied by us.

(4) If the value of all existing securities, the existing claims by more than 10%, we will release the buyer's request securities at our discretion.

(5) We are entitled to make the reservation of property rights without withdrawing from the contract.

 

§ 8 Claims for defects

(1) If the purchase is for both parties for a transaction, the buyer shall, so far as is possible in the ordinary course of business to inspect the goods immediately upon receipt, and if a defect is discovered, notify us immediately display. If the buyer this advertisement, the goods shall be deemed approved, unless it concerns a defect which was not recognizable during the inspection. Furthermore, §§ 377 ff. HGB apply.

(2) The warranty claims are limited to subsequent performance. If the subsequent performance fails the purchaser has the right to demand either a price reduction or cancellation of the contract.

(3) Further claims of the buyer, unless they result from an acceptance of guarantee are excluded. This does not apply in case of intent, gross negligence or breach of contract by us.

(4) The statute of limitations one year after delivery of the goods.

 

§ 9 Liability

Damage claims by the buyer are excluded. This does not apply in case of intent, gross negligence, breach of contract or warranty acquisitions

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