Katalog Metall (PDF) - Niqua GmbH

General Terms
& Conditions
1. Offers and completion of orders
Our deliveries and services are provided exclusively
in accordance with our General Terms & Conditions.
Any other general terms and conditions or
purchasing conditions on the side of the customer
are only valid if we acknowledge them in writing.
Our General Terms & Conditions apply at the latest
on receipt of the goods or service.
Our offers are non-binding. All agreements only
become legally binding after they have been confirmed
in writing.
2. Prices
All of the prices agreed with us are excluding
statutory VAT.
Unless expressly agreed elsewhere, our prices are
ex-works Beltheim, excluding packaging and are
non-binding. The packaging is calculated at cost
price and is non-refundable.
We will invoice a minimum order charge of 25.00
EUR for deliveries where the value of goods is less
than 100.00 EUR.
3. Delivery and transfer of risk
The delivery of the goods takes place at the expense
and risk of the customer. Insurance against
transport damage is covered by us up to the “free
German border” or the “FOB German port” respectively.
On request from the customer, the
transport risk on the foreign section of the route
(within Europe) can be covered by us at the
customer’s expense.
4. Delivery periods and delivery dates
Agreed delivery dates are non-binding but will be
adhered to where possible.
Claims for damages due to late deliveries or as
a result of non-delivery are excluded in all cases.
If the customer refuses to accept the goods, we
are entitled, after having granted an extended
deadline period of 14 days, to withdraw from the
contract or at our discretion to claim damages due
to non-fulfilment of the contract. In the case of the
latter, we are entitled to either claim damages in
the amount of 15% of the purchase price without
providing proof or to claim damages for the actual
amount of the costs incurred. We are entitled to
increase or reduce the quantity delivered by up to
10% for customised products.
5. Right to retain ownership
We reserve the right to retain ownership of the
delivered goods until complete payment of all
existing or future claims from the business relationship
have been received, regardless of the legal
basis in which they arise.
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The customer is authorised to resell the delivered
goods or product created from processing these
goods as part of its ordinary business activities,
this consent can, however, be revoked at any time.
The customer hereby assigns us all claims accruing
to them from the resale and the business relationship
with their buyer within the context of the
resale of these goods with all secondary rights.
The assigned claims serve as security for all payment
claims according to paragraph 1. The customer
is authorised and obligated to collect the
assigned claims as long as we have not revoked
the customer’s authority to do so. The authorisation
to collect shall also lapse without any express
revocation when the customer stops or ceases
payment.
When requested by us, the customer must inform
us immediately to whom they have sold the goods
and what claims are outstanding to them from this
sale. The customer is not authorised to dispose
of the reserved goods or the claims assigned to
us in any other way. The customer is to inform us
immediately, at the latest within 3 days, of any encroachment
on our rights in terms of the goods in
which we retain ownership.
If the customer falls into arrears on their payment
obligations to us or violates the duties resulting
from the agreed reservation of ownership then
the entire remaining amount becomes immediately
payable. In such cases, we have the right to
demand the surrender of the goods delivered and
to collect them from the customer. The customer
holds no right of possession for the goods. We are
authorised to inform the buyer of the customer’s
goods about the claims assigned to us for these
goods and to collect payment. On the request of
the customer, we obligate ourselves to transfer
our existing rights to ownership of the goods and
the claims assigned to us to the customer insofar
as their value exceeds the total remaining claims
we have against the customer by 20%.
6. Faults/guarantee
In the case of recognisable and hidden defects or
for the lack of promised characteristics, we only
guarantee that at our discretion the goods will be
repaired free of charge or that replacement goods
free of defects will be delivered. Other claims on
behalf of the customer as a result of defects or the
lack of promised characteristics are excluded.
Any notifications of defects must be immediately
submitted in writing, at the latest within 14 days
after delivery of the goods, in the case of hidden
defects at the latest within 8 days after discovery
of the defect. A failure to adhere to these time
limits will result in the customer no longer being
able to assert a guarantee claim. We are not
obligated to provide a replacement or to repair
goods as long as the customer has not fulfilled his
contractual obligations. The guarantee obligation
expires when the delivered goods are changed,
handled incorrectly or processed. We are not liable
for third-party products. However, we assign our
guarantee rights against the suppliers of thirdpart
products over to the customer.
All claims for damages are excluded, irrespective
of the legal grounds from which they arise.
7. Terms of payment
As a matter of principle, payment is to be made
directly in cash to us or into one of our bank accounts.
The invoiced amounts are to be paid within
10 days with a 2% discount (skonto) or within 30
days at the net invoice price. Discount (skonto)
amendments are to be made when calculating
credit notes.
A cash discount is only granted when all due
payment claims from earlier deliveries have been
met. In the case of cashless payment, the payment
is judged to have been received when the money
is credited to our accounts. When the previously
named payment deadlines are exceeded, we are
entitled to begin charging default interest, in the
amount of standard bank interest rates, 31 days
after the invoice date, without the need for any further
payment reminder.
Bills of exchange and cheques are only accepted
when the payment is honoured. Payments by
bills of exchange are only permitted when this is
agreed at the time of the order and confirmed by
us. Every bill of exchange must be able to be discounted
and be acceptable by the regional central
bank. The standard bank transfer charges, plus a
2% risk payment per year, will be charged to the
customer and are to be paid to us within 8 days
after they are requested. If after an order has been
received there are doubts about the customer’s
ability to pay or their creditworthiness, we reserve
the right at our discretion to demand either payment
by cash or collateral security before delivery
or to withdraw from the contract and to demand
the reimbursement of our expenses from the customer.
Any bills of exchange accepted as security
against outstanding debts will become immediately
payable, regardless of the maturity of these bills
of exchange.
8.
The customer is not entitled to assert a right of
retention against claims due for payment or to
offset payment, unless the claim to be offset is
undisputed by us.
9.
Should individual provisions in these terms and
conditions for the sale and delivery of our products
become legally invalid, the remaining provisions
remain effective nevertheless.
10. Place of performance and jurisdiction
The place of performance for the delivery and payment
is Beltheim. The place of jurisdiction is the
Bad Kreuznach Magistrates Court.