GTC (June 2011) - Härterei Reese Bochum GmbH

8.10
Further claims by the customer arising out of
or in connection with defects or damage consequent
upon defects, for whatever reasons,
shall only exist within the provisions in 11,
provided these are not claims for compensation
under a guarantee intended to safeguard
the customer against the risk of any defects.
In this case, also, we shall only be liable for
typical and foreseeable damage.
8.11
Our warranty and the liability arising therefrom
shall not exist where defects and damage
associated therewith are not demonstrably
the result of defective performance. This
shall not apply in the event of fraudulent or
deliberate action on our part, or injury to life,
body or health, or liability under the Product
Liability Act.
In particular, the warranty and the liability
arising therefrom shall not exist in respect of
the consequences of incorrect use or abnormal
wear of the products, overloading or
unsuitable storage conditions, e.g. the consequences
of chemical, electro-magnetic,
mechanical or electrolytic influences other
than the expected, average standard influences.
8.12
Defects claims do not exist where there is
only minor deviation from the agreed or usual
condition or usability.
8.13
Breaches of duty, especially in the form of
material defects, must always be acknowledged
in writing.
9. Prices / Payment terms /
Defence of insecurity
9.1
All prices are generally stated in EURO net
excluding packaging, freight ex works, plus
VAT payable by the customer at the statutory
rate at the time.
9.2
Services which are not part of the agreed
scope of the delivery, are listed based on our
general price lists applicable at the time, unless
agreed otherwise.
9.3
If more than four months passes between the
contract being entered into and delivery and
the cost of obtaining materials, wage costs
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and ancillary wage costs and/or energy costs
have increased, we shall be entitled to demand
a reasonable adjustment of the price.
9.4
If, in exceptional circumstances, we are contractually
responsible for the freight costs, the
customer shall bear the additional costs arising
out of increases in freight rates under
collective agreements after the contract is
entered into.
9.5
Unless agreed otherwise, our invoices shall
be payable within 7 working days of delivery
of the goods/provision of the service without
any deduction.
9.6
If payment is not made, the customer shall be
deemed to be in arrears, even if notice is not
given, within 8 working days of delivery of the
goods/provision of the service.
9.7
When the arrears occur, delay interest at the
statutory rate of interest according to Art. 288
BGB shall be calculated from the due date of
payment.
9.8
The payment date shall be deemed to be the
date on which the money is received by us or
credited to our account. We reserve the right
to claim for any loss in excess of this amount.
9.9
Arrears on the part of the customer have the
effect of making all claims for payment arising
out of the business relationship with the
customer due for immediate payment. Irrespective
of any extension agreements, terms
of acceptance and payment by instalment
agreements, all amounts owed to us by the
customer shall fall due for payment immediately
in such an event.
9.10
If payment terms are not complied with or
circumstances are known or apparent which,
in our commercial opinion, cast doubt on the
customer’s creditworthiness, including such
circumstances which existed at the time the
contract was entered into but of which we
were not or should not have been aware,
then without prejudice to further statutory
rights in these cases, we shall be entitled to
suspend further work on current orders or
further supplies and to demand payments on