Terms and Conditions
Terms and conditions of sale and delivery
1. general
The ‘General Terms and Conditions of Delivery for Products and Services of the Electrical Industry’ including the ‘Supplementary Clause: Extended Reservation of Title’, recommended by the Zentralverband Elektrotechnik- und Elektroindustrie e. V. (German Electrical and Electronic Manufacturers‘ Association), in the version valid at the time of conclusion of the contract (hereinafter also referred to as “General Terms and Conditions of Delivery”) are an integral part of our Terms and Conditions of Sale and Delivery, unless otherwise specified below. Our Terms and Conditions of Sale and Delivery are thus the ‘General Terms and Conditions of Delivery’, taking into account the provisions listed below that supplement or amend them.
2. Scope of application
Our Terms and Conditions of Sale apply exclusively; we do not recognise any terms and conditions of the customer that conflict with or deviate from our Terms and Conditions of Sale unless we have expressly agreed to their validity in writing. Our Terms and Conditions of Sale shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer‘s terms and conditions conflict with or deviate from our Terms and Conditions of Sale. All agreements made between us and the customer for the purpose of executing this contract must be recorded in writing.
3. prices
The prices are per item (unless otherwise stated, excluding lamps) including the usual transport packaging (in accordance with No. 2) excluding VAT. The prices charged shall be those valid on the day of delivery, unless there is a specific order agreement on fixed prices. The statutory value added tax will be invoiced separately at the applicable rate. The prices listed in our catalogues/price lists are for information purposes only and are not binding. (Partially deviating from point II No. 1 of the ‘General Terms of Delivery’)
4. delivery
We shall fulfil to the best of our ability the non-binding delivery deadlines stated in the respective order conditions. Fixed deliveries (e.g. delivery within a certain time window via Cargoclix or other external service providers) can be agreed for an additional charge. This requires written confirmation by the supplier. Prices are always ex works. Delivery is made without unloading. Unloading at the place of delivery can be agreed for an additional charge. Products wrapped in foil, such as poles and standpipes, must be removed immediately after delivery to prevent vapour diffusion due to temperature fluctuations, sunlight and moisture and thus damage to the powder coating, e.g. fading (in partial deviation from point II no. 1 of the ‘General Terms and Conditions of Delivery’).
5. transport risk
We shall only provide compensation for transport breakage if the customer expressly requests and pays for breakage insurance amounting to 1% of the net value of the goods. (Supplementary regulation)
6. terms of payment
Unless otherwise agreed in writing, payment of our invoice shall be made within 14 days of the invoice date strictly net without any deductions. In the event of late payment, we reserve the right to charge interest on arrears at a rate of 9% above the respective base rate in accordance with § 247 BGB. (Point II of the ‘General Terms of Delivery’ supplementary)
7. reservation of title
In the event of breaches of duty by the Purchaser, in particular default in payment, the Supplier shall be entitled to withdraw from the contract and take back the goods after the unsuccessful expiry of a reasonable deadline set for the Purchaser; the statutory provisions on the dispensability of setting a deadline shall remain unaffected. (Notwithstanding No. 6 of the ‘General Terms of Delivery/Supplementary Clause’)
8. Technical data, weights, dimensions, etc.
The products are sufficiently technically described and illustrated in our catalogues. We deliver in industrial quality in accordance with the descriptions, but reserve the right to make errors and changes due to constructive, technical and design developments. (Supplementary)
9. notification of defects | notice of defects | liability for defects
The Purchaser is obliged to report defects in writing without delay (generally within 8 working days). In particular, the Purchaser must inspect the goods immediately upon receipt in an appropriate manner and, if a defect is found, notify the Supplier immediately (generally within 8 working days of receipt). If the Purchaser fails to notify the Supplier of a defect, the goods shall be deemed to have been approved even in view of the defect. The Purchaser must provide credible evidence of the defect in a suitable form. Returns must be agreed. (Supplementary to point VIII of the ‘General Terms of Delivery’) If the Purchaser asserts a claim for reimbursement of expenses in accordance with § 439 BGB, the Purchaser must provide the Supplier with a precise description of the defects with evidence (photos, records, etc.) so that the Supplier can check whether a defect exists. The supplier is only obliged to provide compensation if the defect claimed by the buyer was already present at the time of the transfer of risk, §445a BGB. If it is disputed whether the defect already existed at the time of the transfer of risk, the buyer must provide evidence and send the defective product to the supplier at its own expense so that the product can be sent to an expert to check the stated defect at the buyer‘s expense. The costs for the expert shall be borne by the Buyer. If, after the inspection by the expert
10. data protection
The supplier shall only collect, process and use the customer‘s personal data if consent has been given in this regard or if a legal provision authorises the collection, processing or use of the data. The provisions of the GDPR are complied with. The supplier collects, processes and stores data to the extent and as long as this is necessary for the execution and processing of the purchase contract and the business relationship or as long as the storage of this data is required by law. We reserve the right to transmit the customer‘s personal data to credit agencies if this is necessary for the purpose of a credit check. Further information on data protection and the handling of personal data can be found in the privacy policy.
11. Liability for public statements
The supplier shall only be liable for public statements, in particular in advertising, if he has caused them to be made. In such cases, the supplier is only liable if the advertising has actually influenced the customer‘s decision to buy. Item XI. of the ‘General Terms and Conditions of Delivery’ shall apply to any resulting claims for damages and reimbursement of expenses. (Supplementary)
12. place of fulfilment
The place of fulfilment for all services arising from the fulfilment of the contract (delivery, payment, warranty, etc.) is exclusively Leipzig. (Supplementary)
13. place of jurisdiction
If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, Leipzig shall be the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. However, the supplier shall also be entitled to bring an action at the customer‘s place of business. (Notwithstanding Section XII No. 1 of the ‘General Terms and Conditions of Delivery’)
Leipzig, 23.08.2022