General terms and conditions of business
Deubad GmbH & Co. KG
1: Validity of the General Terms and Conditions -
Terms of Sale and Delivery
A. Diese Bedingungen gelten ab sofort für alle aktuellen _cc781905-5cde-3194-bb3b- 136bad5cf58d_
and future services and contracts associated with the delivery of goods to the customer.
B. Other or deviating terms and conditions of the customer, even if we do not comply with these terms and conditions
expressly object and, regardless of conflicting or deviating terms and conditions of the customer, provide services and/or accept services from the customer without reservation, we are not obliged to observe them.
C. Our general terms and conditions of sale and delivery remain effective in any case. Deviating agreements must be made in writing and countersigned by us.
D. All orders are considered binding once confirmed .
2: Validity of the offer and conclusion of the contract
A. Agreements, verbal ancillary agreements, guarantees and other assurances of ancillary agreements made by our sales staff or by us only become binding after our written confirmation and in compliance with our general terms and conditions.
B. Before concluding the contract, the customer is obliged to inform us if the goods or our products are not used exclusively in the context of normal use or under unusual, particularly safety-relevant conditions or conditions that require increased stress. The suitability of our products for the customer's intended use is to be fully ensured by the customer.
C. All our offers in verbal and/or written form are non-binding and only valid for a period specified by us.
D. All texts, documents, illustrations, technical data and references to standards and statements in advertising media that apply to the offer are not quality specifications, nor are they guarantees
Property Assurances. product changes as well
We reserve the right to cancel products at any time.
3: prices,
The indicated prices are recommended retail prices.
The prices confirmed in writing to the customer apply, otherwise the prices valid on the day of dispatch. All prices are ex works Orvieto without discount or other discounts plus statutory VAT. Ancillary services, freight, packaging or shipping costs will be charged separately.
We reserve the right to adjust the prices at any time to the given conditions.
4: Delivery times and special versions of
special item
A. The delivery times stated in each case are approximate, ie they are not binding. Delivery times and dates refer to the time of delivery, ie ex works or warehouse, but they do not begin before the time of the technical clarification
of the order. In the case of agreed delivery ex works, delivery periods are also deemed to have been met if the customer is informed of the readiness for dispatch and if the goods cannot be dispatched in good time through no fault of ours.
B. The customer may not reject partial deliveries unless accepting partial deliveries is unreasonable for him.
C. Insofar as a later amendment to the purchase contract can affect the delivery period, this period will be extended to a reasonable extent unless a separate agreement has been made.
D. Events of a higher nature entitle us - even within a line delay - to postpone the delivery for the duration of the hindrance and a reasonable start-up time, or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled._cc781905 -5cde-3194-bb3b-136bad5cf58d_ Strikes, lockouts,
Mobilization, war blockade, export and import bans, lack of raw materials and fuel, fire, traffic closures, disruptions to operations or the transporter. Incomplete or delayed over-delivery and others
Circumstances alike, for which we are not responsible; in fact
regardless of whether they come from us, the pre-supplier or a
of its subcontractors have occurred.
E. If an agreed delivery period or a
The customer has informed us in writing of the delivery date set by us
to set a reasonable period of grace if we are in default
devices. A delivery period that is at least
is 14 days. After this period has expired, the customer can
regarding the, until the end of the period of grace not as
ready to withdraw reported goods from the contract. of this
products with special dimensions are excluded (see G).
F. The delivery of articles with special dimensions or
Sonderfarben können jeweils länger als ein Standardprodukt andauern. _cc781905 -5cde-3194-bb3b-136bad5cf58d_ _cc781905-5cde -3194-bb3b-136bad5cf58d_
G. The order of items with special dimensions and or
Special colors will only be accepted in writing.
The order should have a description as well as technical
Include drawings with axis dimensions. After receiving the dated
customer returned order marked by him
confirmation, the goods are released for production.
By receiving the marked order confirmation
the buyer or customer releases the manufacturer from any
Responsibility as a result of errors contained in the order
could be. These items are from a take-back
excluded
5: Shipping conditions
Delivery is always ex works.
A. The goods are always loaded and shipped at the risk of the buyer, even if the shipment is free destination or free domicile. The goods are deemed to have been delivered as soon as they have been handed over to the carrier. If the packaging is not intact when the goods are received, the buyer should accept the goods with reservations and write this down immediately on the transport document and inform the manufacturer immediately.
B. Insofar as damage has occurred as a result of the transport or the carrier, which makes subsequent delivery or replacement delivery necessary, the delivery periods are extended accordingly.
C. Goods reported ready for dispatch or collection by the agreed date must be called off immediately. Otherwise we are entitled to store them at the expense and risk of the customer. In any case, the risk is transferred to the buyer when the goods are handed over to a forwarding agent or carrier, but at the latest when they leave the factory or warehouse.
D. Insurance for the delivery items, the transport or others will only be taken out at the request and at the expense of the customer. The customer must note the request on every order.
E. Returns and returns of all kinds require prior written notification by the customer and our written consent in order to be processed properly.
6: Delivery shipping costs
A. The prices do not include packaging and plus value added tax at the statutory rate owed. Other ancillary costs, such as freight costs, duties or fees, are at the expense of the customer.
7: Terms of Payment
A. Our invoices must be paid within 10 days with a 2% discount or within 30 days net, in each case from the invoice date. The point in time at which the account is credited to us is decisive.
B. If the payment deadline is exceeded, the customer is in default without the need for a reminder.
C. In the case of initial contacts or initial orders and, if applicable, under circumstances of any kind, we reserve the right to deliver only and exclusively if the customer pays in advance.
If the due dates are exceeded, we are entitled to charge default interest for the time between the due date and payment. Default interest is 8% above the base interest rate.
8: Retention of title
A. The customer may only sell the goods delivered under retention of title on the condition that he is not in default of payment and he assigns his payment claim from the resale against the customer in the amount of the outstanding claims with us in advance.
B. The delivered goods remain our property until all our claims against the customer have been settled in full, regardless of the legal basis, including the main and ancillary claims that become due in the future. In the case of a current account, the retention of title applies to the respective balance.
C. The customer hereby assigns to us as security the full and irrevocable claims to which he is entitled from the sale of the goods subject to retention of title against his customers, including all ancillary rights. The advance assignment is accepted upon delivery of the goods to the customer. The customer undertakes to acknowledge the transfer of his claims and rights against third parties in writing at our request or to disclose them to third parties. If the customer collects a claim that we are entitled to in whole or in part for the aforementioned reasons, he acts in this respect only as a collection agent and is obliged to pay the collected amount to us up to the amount of our claims.
D. In the case of payment by check, the retention of title remains with us until the account is irrevocably credited.
9: Product Liability – Warranty
A. The manufacturer is only liable for production or manufacturing defects.
B. Claims by the buyer due to material defects in the delivered goods become time-barred one year after delivery of the goods.
Defects must be reported to us - and not to commercial agents or field staff - in writing by the customer immediately, with immediate cessation of any further use, at the latest within 10 working days after receipt of the goods. The customer, who is a merchant within the meaning of the German Commercial Code, must report all recognizable and obvious defects, shortages or wrong deliveries immediately, otherwise Section 377 of the German Commercial Code applies.
C. If the customer does not comply with his obligation to immediately examine and give notice of defects with regard to recognizable material defects, the delivered goods are deemed to be approved with regard to recognizable material defects, which means that the assertion of warranty claims in this regard, including consequential damages, is excluded. The customer must examine the delivered goods immediately and in every respect for recognizable defects of a qualitative, quantitative and other nature and report the complaint to us in writing within 10 working days.
D. If the customer does not give us the opportunity to convince ourselves of the material defect, in particular if he does not make the goods complained of or samples thereof available upon request, the customer cannot claim that the goods are material defects appointed. We will not reimburse the costs for improvements or repairs that the customer carries out or has carried out on the goods complained about without our consent and lead to the expiration of all warranty claims.
E. We only assume expenses in connection with supplementary performance if they are reasonable in the individual case, in particular in relation to the purchase price of the goods. We do not assume expenses that arise from the fact that the sold goods have been taken to a location other than the customer's registered office or branch office, unless this corresponds to their contractual use.
F. In the event of a justified, immediate notice of defects, we shall, at our discretion, provide supplementary performance by eliminating the defect or by delivering goods free of defects within a reasonable period of time. If the subsequent performance fails or is refused, the customer can reduce the purchase price or withdraw from the contract after setting a reasonable deadline that has expired without result. If the material defect is insignificant, the customer is only entitled to the right of reduction.
G. We also give no guarantee for material defects caused by unsuitable or improper use, incorrect assembly or commissioning by the customer or third parties, natural wear and tear, incorrect, excessive use, non-observance of the assembly and operating instructions or negligent handling , as for the consequences of improper changes made to the goods without our consent.
H. Further claims due to material defects are excluded in accordance with Section 9. This applies in particular to claims for compensation for damage that has not occurred to the goods themselves (consequential damage).
I. The customer, who is a merchant within the meaning of the Commercial Code, is obliged to inspect the goods before assembly, use or use. There is no liability or guarantee for goods that are installed or used despite defects. Travel and assembly costs relating to the assembly of defective goods will not be recognized.
10: General Limitation of Liability
A. We are also liable for our managerial staff and other employees for breach of contractual or non-contractual obligations, in particular for impossibility, delay, culpa in contrahendo and tortious acts - only in cases of intent and gross negligence , limited to the contract-typical damage foreseeable at the time of conclusion of the contract.
B. All claims against us expire in 6 months at the latest.
11: Guarantees
A. Guarantees requested by customers must always be specifically identified as such in the written order confirmation. In particular, catchphrase designations, references to generally recognized standards, the use of trademarks and quality marks or the submission of models or samples do not in themselves justify the assumption of a guarantee or assurance. In the case of custom-made products, which are made according to the customer's drawing or idea, we are only liable for raw material defects and processing according to the state of the art at the time the order is placed. A functional guarantee is also excluded if we have influenced the product development through suggestions or elaboration.
12: Product Changes
We reserve the right to change our products and colors at any time or to remove them from the range.
A change has already happened if, among other things, there is a 1 mm deviation .
13: Returns, Returns
A. Returns, returns of all kinds require prior written notification by the customer stating item numbers and order quantity as well as delivery note and invoice number, for proper processing, and our written consent.
Returns of goods must generally be made in writing
Specification of the article number and order quantity as well as
Delivery note and invoice number in our
Order center to be announced. Only those returns will be accepted that have previously received a return slip with a return number from us and that are included with the return shipment
provided with the return slip. All with the
Return of the goods associated costs as well
the customer bears the risk of deterioration or accidental loss of the goods. Goods that are sent to us freight collect or without a return slip will not be accepted and will be returned by us at the expense of the sender.
B. Goods that are sent to us carriage forward or without prior agreement with us will not be accepted and will be returned by us at the expense of the sender.
C. Non-saleable goods such as goods that are no longer listed in our catalogue, made-to-order products or parts, and products or components that have undergone technical changes in the meantime are also excluded from return.
The return period for returns authorized by us
is 4 weeks from notification of the declaration of approval.
Returns received after this will not be accepted
more assumed and charged to and on
risk of the sender.
D. The possibility of returning goods is limited exclusively to those products that the customer has purchased directly from us and whose delivery date is no longer than 6 weeks ago. The customer bears the burden of proof for this.
E. Goods on consignment and third-party deliveries whose delivery date is more than 4 weeks in the past are excluded from return.
F. Only those returns will be accepted that have previously received a return slip with a return number from us and the returns are provided with the return slip.
All costs associated with returning the goods and the risk of deterioration or accidental loss of the goods are borne by the customer.
G. The return period for returns approved by us is 3 weeks from the notification of the declaration of approval. Returns received after this will no longer be accepted and will be returned at the expense of the sender.
H. If the invoice deduction is not agreed, we must
in addition to the processing costs incurred
charge a fee of EUR 25.00. At a net value of goods
less than EUR 25.00 per delivery note or
Invoice number will not be credited
14: Misprint
A. We are not liable for printing and/or labeling errors in our catalogs and/or price lists as well as folding brochures. All information on dimensions etc. as well as illustrations are non-binding. We expressly reserve the right to make changes.
The same applies to design changes that are made in the interest of technical progress.
15: Changes to the contract, damage flat rates
A. After a contract has been confirmed by us, an amendment to the contract requires a written agreement and the issuance of an amending subsequent confirmation.
B. If the customer does not meet his obligations from the contractual relationship and is therefore obliged to pay damages, we are entitled to demand compensation in the amount of 20% of the purchase price without special proof. The customer is permitted to provide evidence that damage or a reduction in value has not occurred or is significantly lower than the flat rate. If we have manufactured the products separately based on the order, we can claim the actual damage instead of the lump sum. We expressly reserve the right to assert further damages.
C. If shipping is delayed at the request of the customer, he shall be charged the costs incurred through storage, beginning one month after notification of readiness for shipment, at least ½ of a percentage of the cost in the case of storage at the supplier's works. H., the invoice amount is calculated for each month. However, the supplier is entitled to otherwise dispose of the delivery item after setting and fruitless expiry of a reasonable deadline and to supply the customer again with a reasonable extended deadline as soon as this becomes possible.
16: Place of Jurisdiction, Place of Performance and Applicable Law
A. The place of performance for all obligations arising from the legal relationship between us and the customer is Leonberg.
B. The law of the Federal Republic of Germany shall apply exclusively to the contractual relationship between the customer and us.
17: validity
The above general terms and conditions of sale and delivery (as of January 2nd, 2017) are valid for all contracts concluded after January 1st, 2006 and replace our previously valid terms and conditions without replacement.
18. Partial Invalidity
Should individual provisions of these GTC be or become invalid or void in whole or in part, the remaining provisions shall remain effective. The ineffective or void conditions should be replaced by regulations that come as close as possible to the economic purpose of the contract while adequately safeguarding the interests of both parties. The same applies to a loophole.
As of January 02, 2018
19. Consumer Dispute Settlement Act (VSBG)
Information according to the Consumer Dispute Settlement Act: There is no obligation and no willingness to participate in a dispute settlement procedure before a consumer arbitration board.
Deubad GmbH & Co. KG
Mollenbachstrasse 13 - 71229 Leonberg
District Court - Register Court - Stuttgart HRA - No. 254480
Deubad Verwaltungs GmbH
District Court - Register Court - Stuttgart
HRB – No. 253337
Managing Director: Colette Humbert