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Terms and conditions

1. Application, Offers

  1. These general conditions of sale apply to all future contracts with companies, jur. Persons of public law and public law special funds for supplies and other services, including contracts and the delivery is not fungible goods. With direct sales supplemented by the conditions of the list price of the contracted delivery mechanism. Conditions of purchase are not recognized even if we do not object to them upon receipt by us.
  2. Our offers are subject to change. Oral agreements, promises, assurances and guarantees of our employees in connection with the contract shall be binding upon our written confirmation.
  3. Decisive for the interpretation of trade terms, Incoterms are in doubt in their latest version.

2. Prices

  1. Unless otherwise agreed, the prices and conditions valid at the conclusion of our price list.
  2. Change more than four weeks after the conclusion of the contract charges or other external costs are included in the agreed price, or they arise, we shall be entitled to the appropriate extent of price change.

3. Payment and settlement

  1. If nothing else is agreed or stated in our invoices, the purchase price paid immediately after delivery due without discount and in such a way that we can dispose of the amount on the due date of payment transactions costs borne by the buyer. A lien and the buyer may retain only insofar as his claims are undisputed or legally valid.
  2. When payment is exceeded, the latest by default, we charge interest at a rate of 8% above the base rate, unless higher rates have been agreed. The assertion of further damages is reserved.
  3. The purchaser is at least 10 days after payment is due in default without need of a reminder.
  4. If, after conclusion of the contract, that payment is jeopardized by lack of ability to pay of the buyer, or should the buyer with a substantial amount in payment or should other circumstances which show a material deterioration in the ability to pay close of the buyer after the contract, we have rights of §321 BGB. We shall also be entitled to all amounts not yet due claims in the ongoing business relationship with the buyer.
  5. An agreed discount always refers only to the invoice value excluding freight and requires the full payment of all amounts due by the buyer at the time of the discount. Unless otherwise agreed, the discount period shall commence on the date of invoice.

4. Execution of deliveries, delivery times and dates

  1. Our delivery obligation is subject to correct and punctual delivery, unless the incorrect or late self-delivery caused by us.
  2. Information on delivery times are approximate. Delivery periods begin on the date of our order confirmation and are only provided to clarify all details of the contract and timely fulfillment of all obligations of the buyer, such as To produce official certificates, provision of credit and guarantees of performance or payments.
  3. And deadlines for meeting delivery deadlines of the date of despatch from the factory or warehouse is decisive. They apply with notice of readiness as a respected, if not the fault of our own can be dispatched in time.
  4. In case of delayed delivery, the buyer can set us a reasonable grace period and step back after their unsuccessful expiration of the contract insofar as the contract is not fulfilled. Compensation claims are directed in such cases in accordance with Section XI of these conditions.

5. Retention of title

  1. All delivered goods remain our property (conditional goods) until all demands are met, especially the respective balance accounts receivable due to us as part of the business relationship (current account reservation). This also applies to future and conditional claims, eg accepted notes and, if payments are made on specifically designated claims. This balance ultimately fade reservation with payment of all in the time of payment from him before and this balance reservation.
  2. Loading and processing of the goods made for us as a manufacturer within the meaning of §950 BGB, without engaging us. The processed and processed goods are considered goods within the meaning of No.1. By processing, and combination of goods with other goods by the buyer, we co-ownership is ownership in the new object in proportion to the invoiced value of goods to the invoice value of other goods. If our property by combining or mixing, the buyer transfers to us now his ownership rights to the new stock or item to the extent of the value of the goods and holds them in custody for us. Notice shall be considered as goods within the meaning of No. 1.
  3. The buyer may sell the reserved commodity only in the ordinary course of business to his normal business terms and provided he is not in arrears, provided that the receivables from the resale pursuant to No. 4 to 6 transferred to us. To dispose of the subject merchandise is not authorized.
  4. The receivables from the resale of the goods together with all securities, the buyer acquires the claim, now assigned to us. They serve the same extent as the reserved commodity. If the goods transferred by the buyer together with other goods not sold by us with, for the sale of goods in which we co-ownership acc. No. 2 above, we assigned a corresponding part of our co-ownership.
  5. The buyer is entitled to collect claims from the resale. This authorization shall expire if withdrawn, but the latest delay in payment, dishonor of a bill or request to open insolvency proceedings. Our right of revocation, we will only exercise if, after the conclusion of the contract that will endanger our claim for payment under this or other contracts with the Buyer's lack of ability to pay. At our request, the buyer is obliged to inform his customers immediately of the assignment to us and give us the documents necessary for collection.
  6. Of a seizure or other interference by third parties, the buyer must notify us immediately. The buyer bears all costs that must be expended for the abolition of the seizure or return transportation of the goods, unless they are replaced by others.
  7. If the buyer defaults or does not honor a change with maturity, we are entitled to take back the retained goods, and for this purpose if necessary to enter the premises of the buyer. The same applies if, after conclusion of the contract that will endanger our claim for payment under this contract or other contracts with the Buyer's lack of ability to pay. The withdrawal is a withdrawal from the contract. Provisions of the Insolvency Act remain unaffected.
  8. If the invoice value of the existing securities exceeds the secured claims, including secondary claims (interest, costs etc.), by more than 50 per cent, we are obliged at the request of the buyer, to release securities of our choice.

6. Grades, Sizes and weights

  1. Grades and dimensions are determined according to the applicable contract DIN-/EN standards or materials, in absence of such trade usage. References to standards for grades, leaves or plant material test certificates and details, dimensions, weights and availability are not statements, representations or warranties, nor conformity, manufacturer's declarations, and related marks such as CE and GS.
  2. The weight of the pre-determined by us or our suppliers' scales prevail. The weight shall be given by presentation of the weighing slip. To the extent legally permissible, the weight may be determined without weighing according to standard. Remain unaffected in the steel trade of the Federal Republic of Germany conventional and surcharges (trade weights). The dispatch indicated volumes, bundles, etc. Are calculated according to weight of goods without obligation. Unless an individual weighing is usually done, the total weight of the shipment. Any differences between the calculated individual weights are distributed proportionally.

7. Acceptances

  1. If an acceptance is agreed, it can only be made in the delivery system or in our warehouse immediately after notification of acceptance. The personal inspection costs borne by the buyer, the cost of materials shall be levied on him for our price list or price list from the plants.
  2. If acceptance is not our fault not, not timely or incomplete, we reserve the right to ship the goods without inspection or at the expense and risk of the buyer to store and to charge him.

8. Shipment, Passing of Risk, Packaging, Partial Delivery

  1. We define and means of shipment and shipper and carrier.
  2. Under the contract, reported ready for shipment must be called off immediately, otherwise we are entitled to dispatch them after a warning at the expense and risk of the buyer of our choice or discretion to store and instantly calculated.
  3. Is complicated beyond our control the transport on the intended route or to the designated place within the allotted time is impossible or unimportant, we are entitled to deliver on another route or to another location; The additional costs incurred by the buyer. The buyer is given the opportunity to opinion.
  4. With the delivery of goods to a shipper or carrier, at the latest when they leave the warehouse or the delivery mechanism, the risk, and the seizure of goods, for all transactions, even those which are prepaid or free-to-door deliveries to the Buyer about. We will buy insurance only on instruction and the buyer's expense. Responsibilities and costs of unloading shall be borne by the buyer.
  5. The goods are delivered unpacked and not protected against rust. If commercially available, we deliver packaged. Packaging, protection and / or transportation facilities we provide to our experience at the expense of the buyer. You will be returned to our warehouse. Any costs for return transportation, or for disposing of the packaging we do not accept.
  6. We are entitled to partial deliveries to a reasonable extent. Industry Excess and short deliveries, he contracted quantity are allowed.

9. Callable and Continuous Deliveries

  1. Where the contract provides for continuous deliveries are our views and classification for approximately equal monthly quantities give up, otherwise we are entitled to specify them using our own discretion.
  2. Exceed the total contractual amount of individual views, we are entitled to deliver the additional amount, but not required. We can calculate the additional amount to the call or the delivery at the current prices.

10. Liability for defects

  1. Defects are promptly, no later than seven days after delivery. Defects, even in the most careful examination within this period can not be discovered, - the immediate cessation of any treatment and processing - immediately after discovery, the latest before the expiration of the statute of limitations and in writing.
  2. Having verified a timely complaint, we may at our discretion the defect or deliver non-defective goods (remedy). In case of failure or refusal to remedy the buyer may withdraw after the expiry of a deadline set by the contract or reduce the purchase price. If the defect is minor, where the goods have already been sold, processed or transformed, he may only reduce the purchase price.
  3. Expenses in connection with the remedy we adopt only if they are, case studies, particularly in relation to the purchase price of the goods are reasonable. Expenses arising from the fact that the sold goods have been transported to another place than the place of performance, we do not, unless this corresponds with the contractual use.
  4. After an agreed acceptance of the goods by the buyer's complaint of defects, which were determined by the agreed type of acceptance is excluded. If the buyer is a shortage due to negligence remained unknown, he may claim rights because of this deficiency only if we have fraudulently concealed the defect or gave a guarantee for the quality of the item.
  5. If the purchaser fails to immediately opportunity to convince us of the defect, he shall in particular on the rejected goods or samples not immediately available for test purposes, all accounts of his warranty rights.
  6. For goods that are sold as declassified material, the buyer is either specified in respect of such defects, with whom he normally has to expect, no rights to his warranty. When selling goods IIa our liability for defects is excluded.
  7. Our further liability is governed by Section XI of these conditions. Rights of §§478, 479 BGB recourse for the buyer remain unaffected.

11. General Liability and Limitation Periods

  1. Breach of contractual and extra contractual obligations, in particular due to impossibility, delay, negligence in contract and tort - including our responsibility for our officers and other agents - in cases of intent or gross negligence, limited to the foreseeable upon conclusion of contract damages. Furthermore, our liability for defects and for consequential damages is excluded.
  2. These restrictions do not apply to culpable violation of essential contractual obligations if the purpose of the contract is jeopardized, it shall neither pertain to damages to life, limb and health, and even then, if and when we took over the guarantee for the quality of the goods sold have, as well as in cases of mandatory liability under the Product liability Act. The rules of proof shall remain unaffected.
  3. Unless otherwise agreed, contractual claims incurred by the buyer against us and in connection and in connection with the delivery of the goods, a year after its delivery. This period also applies to those goods that are used in their intended use for a building and which have caused damage, unless such use has been agreed in writing. This does not affect our liability for intentional or grossly negligent breach of duty, shall neither pertain to damages to life, limb and health as well as the limitation of recourse according to § § 478, 479 BGB.

12. Performance, Jurisdiction and Applicable Law

  1. Performance for our deliveries, deliveries from the factory in the works, with the rest of our warehouse. Jurisdiction is Nordhausen.
  2. All legal relationships between us and the buyer shall be governed by these conditions, the German non-uniform law, in particular the BGB / HGB. The provisions of the UN Convention of 11 April 1980 on Contracts for the International Sale of Goods shall not apply.
© Copyright 2011-2014
BLECH - SERVICE NORDHAUSEN GmbH & Co.KG
BLECH - SERVICE NORDHAUSEN GmbH & Co.KG
Erfurter Straße 10 · D - 99734 Nordhausen
Telefon + 49 (0) 3631 - 90 30-0
Telefax + 49 (0) 3631 - 90 30-94
Email info@blech-service.de

This project is part-financed by the European Union and the Federal State of Thuringia.

EFRE