General Terms and Conditions of Business of WST Spannsysteme GmbH, Dissen (Status: 13.03.2013)
Conditions of sale, delivery and payment
These Terms and Conditions of Sale shall apply to companies, legal entities under public law and special funds under public law. Our deliveries and services are provided exclusively on the basis of the following terms and conditions. Deviating conditions of purchase of the customer, which are not expressly accepted by us, shall not become part of the contract even upon acceptance of the order, even if we do not formally object to them again after receipt by us. With the placing of the order, but at the latest with the acceptance of the delivery, the customer accepts these terms of delivery.
1. offer and conclusion of contract
Our offers are subject to change without notice. Changes and additions to the contract must be made in writing. This shall also apply to any waiver of this written form requirement itself. Orders shall not be deemed accepted until they have been confirmed by us in writing. If, for organisational reasons, they do not receive a separate confirmation of stock deliveries, the invoice shall at the same time be deemed to be an order confirmation. Unless otherwise expressly agreed in the context of the concrete placing of an order and the corresponding order confirmation on our part, dimension and weight specifications, as well as illustrations, drawings and data, are non-binding and may be changed by us at any time. The scope of delivery is based on our written confirmation. A reference to DIN regulations is a description of performance and not an assurance of properties. We reserve our proprietary rights and copyrights to drawings and illustrations created by us.
Unless expressly agreed otherwise, our prices are quoted ex works, exclusive of value added tax, packaging, freight, postage and insurance, which shall be borne by the customer. Should order-related costs change significantly after conclusion of the contract, both contracting parties are obliged to agree on an adjustment of prices. If no agreement is reached, the contracting parties shall be entitled to withdraw from the contract. Further claims are excluded.
3. delivery time
The indication of a delivery time in offers or in order confirmations takes place after best knowledge, but without guarantee. Corresponding details in offers or order confirmations are therefore only approximate unless expressly agreed otherwise. If the customer fails to meet his obligations or if delivery is delayed due to unforeseen, involuntary or extraordinary events in our company, at a sub-supplier or transport company, a reasonable extension of the delivery period shall be deemed to have been agreed. The same applies to strikes and lockouts. If any suspensions last longer than one month, we shall be entitled to withdraw from the contract. An agreed delivery period shall commence on the day of our order confirmation, but not before all technical and commercial details have been clarified. Any changes in the design of the delivery item requested by the customer within the delivery period shall interrupt and extend the delivery period accordingly. Delays in the return of any approval drawings shall inhibit the delivery period.
4. transfer of risk
The risk of accidental loss shall pass to the customer upon delivery of the delivery item to the person, company or facility designated to carry out the shipment. This shall also apply to partial deliveries or if we have assumed the shipping costs or deliveries and lists. If goods are taken back for reasons for which we are not responsible, the customer shall bear all risk until receipt of the goods by us.
We always deliver the goods ex works. The customer agrees that his order can also be carried out in partial deliveries as far as this is reasonable for the customer.
6. retention of title
All delivered goods shall remain our property (reserved goods) until all claims have been settled, in particular also those balance claims to which we are entitled vis-à-vis the customer, irrespective of the legal basis. This shall also apply if payments are made for specially designated claims. In principle, the customer is obliged to store and label the goods subject to retention of title separately. The treatment and processing of the reserved goods shall be carried out for us as manufacturer within the meaning of § 950 BGB without any obligation on our part. The processed goods shall be deemed goods subject to retention of title within the meaning of the above provisions. If the reserved goods are processed, combined or mixed with other goods by the customer, we shall be entitled to co-ownership of the new item in the event that the reserved goods are processed, combined or mixed with other goods by the customer.