1. Acceptance of Terms and Conditions
The Terms and Conditions below apply to all our goods and services.
Any agreements deviating from the Terms and Conditions below must be made in writing.
The Terms and Conditions are taken as bindingly agreed for the contractual relationship on the placement of an order.
2. Right of Return for Distance Contracts with Consumers
Customers who are not enterprisers for the purpose of § 14 of the German civil code (BGB), and with whom a distance contract has been concluded subject to § 312 b BGB, may return the goods received without stating reasons within two weeks, by sending the goods back. This two-week period starts at the earliest on receipt of the goods and notification of the right of return. Return may only be declared by a return demand in written form (i.e. by letter, fax or email) in the case of goods not suitable for parcel shipment (e.g. bulky goods). Punctual dispatch of the goods or the return demand is sufficient for the observation of the two-week period. Goods are returned at the supplier’s expense and risk, however costs for special shipment forms not requested by the supplier (e.g. collect, express) will not be reimbursed. Goods should be returned to
Firma Edelstahl-Haese, Rüdersdorfer Straße 56, 15569 Woltersdorf, Germany.
Goods cut to size according to the customer’s wishes or otherwise manufactured to customers’ specifications are excluded from the right to return.
Consequences of Return:
In the event of a valid exercise of the right to return, payments from both parties shall be returned and any use made of the goods (e.g. compensation for benefits obtained) shall be surrendered. In the event of a deterioration of the goods, compensation may be demanded. This does not apply if the deterioration of the goods is exclusively due to checking them – as would be possible in a retail store, for example. Compensation may be avoided by the customer not operating the goods as an owner and avoiding anything that affects the value of the goods.
In the event of a valid exercise of the right to return, the purchase contract becomes void.
I have been informed of the right of return and its consequences described in section 2 above.
Place, date Consumer’s signature
3.1 All offers are unbinding and subject to change without notice until the issue of a written order confirmation.
Technical drawings and details constitute approximate values only, as customary in the trade.
In the event of production according to customer specifications, no warranty is accepted for technical correctness and usability.
We reserve the right to make alterations to form and execution to achieve an improvement of the construction.
3.2 The prices in accordance with the offer are valid subject to the condition that the order details forming the basis of the offer remain unchanged. The prices quoted do not include value-added tax and are valid ex works.
Any subsequent alterations undertaken at the customer’s request are invoiced additionally.
4. Delivery, Shipment
4.1 Deliveries are made ex works, at the sole risk and on the account of the customer, plus packaging, transport and the statutory value-added tax valid on the date of delivery.
Deliveries are insured only on the customer’s request, and at the customer’s expense.
The packaging is regarded as one-way packaging and is invoiced at cost.
4.2 Delivery date details are only binding if the supplier has expressly confirmed the delivery date. In the event that the contract was concluded in writing, the confirmation of the delivery date must also be made in writing.
4.3 In cases of force majeure, unrest, industrial disputes and significant manufacturing interruption for no fault of the supplier’s, the delivery period is extended by the length of the production disruptions caused by these circumstances.
4.4 In the event of transgression of the delivery period, the customer is only entitled to withdraw from the contract after the expiry of an appropriate extension to be set by the customer.
§ 323 II. 2 BGB remains unaffected.
Compensation for damages caused by delay may only be demanded if the supplier is guilty of intent or gross negligence.
4.5 Goods are delivered after receipt of payment, provided no other agreement has been made.
4.6 If no other agreements or shipment regulations are made, the supplier selects the most economical shipment method according to its own judgment.
4.7 Should goods be delivered by shipment to a recipient outside of the EU, the invoice does not include value-added tax.
In the event of delivery for collection by the customer, who takes the goods out of the EU, value-added tax is invoiced. The value-added tax paid is reimbursed on receipt of the customs export declaration.
Should the goods be transported through several countries, a transit certificate is required.
5. Payment, Default of Payment
5.1 The customer may only offset counterclaims if these are undisputed or legally established.
Should customers be traders for the purpose of the German commercial code (HGB), they are not entitled to rights of retention. The rights resulting from § 320 BGB are excepted from this stipulation, provided and to the extent that the supplier has not fulfilled obligations in accordance with section 7.
5.2 Reminder costs are invoiced on a flat-rate basis of 5.- € per reminder.
5.3 In the event of default of payment, interest is charged in accordance with § 288 BGB. This does not exclude the assertion of further claims for damages due to delay.
5.4 Should the fulfillment of the claim for payment be threatened due to a deterioration of the customer’s financial situation occurring or becoming known after conclusion of contract, the supplier may demand pre-payment and immediate payment of all unpaid invoices, including those not yet due, and may retain goods not yet delivered and cease further work on current orders. The supplier is also entitled to these rights if the customer does not make a payment despite a reminder due to default.
6. Reservation of Ownership
6.1 The goods remain the property of the supplier until their full payment.
If the customer is a trader for the purpose of the HGB, this applies until all accounts resulting from the current business relationship, including those arising in the future, are paid (current account reservation).
6.2 Should the reserved goods for the purpose of §§ 947, 950 BGB be combined or processed with materials not in the possession of the supplier, the supplier is entitled to a co-ownership share of the new goods at the level of the sale price invoiced to the customer, including value-added tax.
The customer may sell the reserved goods in the normal course of orderly business in return for immediate payment or under reservation of ownership. The customer is not entitled to other disposals, particularly to collateral assignment or pledging.
6.3 The customer hereby assigns its claims for payment resulting from the further sale of reserved goods to the supplier.
7. Warranty, Indemnification
7.1 The customer is obliged to check the goods for obvious defects immediately on their receipt and to inform the supplier of these without delay. The same applies to false deliveries and insufficient quantities.
A period of 7 days from receipt of delivery is taken as agreed for this notification. Return deliveries are only accepted after prior consultation.
7.3 The customer is only entitled to withdraw from the contract or to reduce the purchase price after a failed subsequent improvement and in the event that the supplier has refused both types of subsequent fulfillment due to unreasonable expense.
7.4 Defects in part of the delivered goods do not entitle the customer to reject the entire delivery, unless part-delivery is of no interest to the customer.
7.5 Indemnification, regardless of the type and legal reason, may only be claimed from the supplier if it is guilty of intent or gross negligence. The extent of indemnification is limited to the value of the delivered goods; claims exceeding this amount are excluded.
8.1 Delivered goods are only exchanged after prior agreement. Exchange of special productions is excluded.
In the event of exchanges, the supplier reserves the right to invoice the expense occurring thereby, by reducing the credit by up to 10 % of the value of the goods.
9. Reservation of the Right of Moderation
The supplier reserves the right to make price alterations and alterations in line with technical progress.
10. Place of Fulfillment, Place of Jurisdiction, Applicable Law
10.1 Should the customer be a trader for the purpose of the HGB, the place of fulfillment for payment and delivery of goods is Woltersdorf.
10.2 Fürstenwalde is agreed as an additional place of jurisdiction with customers who are traders.
Fürstenwalde is also place of jurisdiction if the customer is not a trader and has no general place of jurisdiction in the Federal Republic of Germany, relocates his or her residential address or normal place of residence out of the Federal Republic of Germany after conclusion of contract, or if his or her residential address or normal place of residence is unknown as of the date of institution of legal proceedings.
10.3 German substantive law applies exclusively; the application of international civil law and UN purchase law is excluded.
11. Final Clause
Should individual clauses of these Terms and Conditions be invalid, the validity of the remaining clauses remains unaffected.
12. Company Details
Proprietor: Herr Frank Haese
Rüdersdorfer Straße 55
Tel.: +49 (0)3362 / 75707
Fax: +49 (0)3362 / 24239
Woltersdorf, November 2005