General Terms and Conditions of Kreidezeit Naturfarben GmbH
- 1. Validity
Our offers, deliveries and services are provided exclusively on the basis of our terms and conditions of business. These also apply to all future business relations, even if they are not expressly agreed again. Counter-confirmations of the customer with reference to his own terms and conditions are hereby rejected. Deviations from these terms and conditions are only effective if we confirm them in writing.
- 2. Offer, Conclusion of Contract
Our offers are subject to change and non-binding. Samples and other documents remain our property and are subject to our copyright. They may not be made accessible to third parties. Assurances and other declarations of sales representatives are only valid if confirmed by us in writing.
- 3. delivery time
The delivery time stated by us is subject to confirmation. The delivery period begins on the day of dispatch of our order confirmation or verbal acceptance of the order. If we are in default with our delivery, the customer can set us a reasonable period of grace in writing. After its expiry, the customer may withdraw from the contract. Claims for damages, in particular claims for loss of profit or costs incurred by craftsmen, are excluded to the extent permitted by law.
- 4. Transfer of Risk
The risk shall pass to the customer as soon as the delivery has been handed over to the person carrying out the transport or has left our warehouse for dispatch. We accept no liability for goods damaged during transport.
- 5. Prices and Terms of Payment
Unless otherwise agreed, the following conditions apply to payment:
- Collector: Immediately after receipt of goods.
- Shipping and tradesman price 8 days after receipt of goods.
- Dealer prices 8 days from invoice date 2% discount or 30 days net cash. With direct debit we grant 4 % discount.
Payment shall not be deemed to have been made until we have the amount at our disposal. In the case of cheques, payment shall not be deemed to have been made until the cheque has been cashed. If the customer falls into arrears, we are entitled to charge interest of 6% above the respective discount rate of the Deutsche Bundesbank from the relevant point in time. We expressly reserve the right to assert higher damages caused by default. If the customer is in arrears with a due payment or if a bill of exchange or cheque given by him is not honoured, all existing claims against him shall become due immediately. Goods delivered to him under retention of title shall be issued to us. All claims for damages due to late payment remain reserved.
- 6. Retention of Ownership
The delivered goods remain our property until full payment of the purchase price and all existing or future claims arising from the business relationship with the customer. The customer is entitled to sell the goods within the framework of proper business operations as long as he fulfils his contractual obligations towards us. The goods may not be pledged or assigned as security. The customer must notify us immediately of any interference in our ownership rights by third parties. With the sale of the reserved goods, the customer assigns to us the claims against his customers arising from their resale, including all ancillary rights. He remains entitled to collect his claim assigned to us until revoked. In the event of default in payment by his customer, the customer is obliged to inform us of the existence of his claim from the sale of our reserved goods. If the reserved goods are processed, we shall be deemed to be the manufacturer and shall acquire ownership of the new item without the customer having any claims arising from this transfer of rights. If the processing is carried out together with other materials, we acquire co-ownership of the manufactured item in the ratio of the gross invoice value of the reserved goods to that of the other materials. If, in the event of a combination, mixing or blending with another item, this is to be regarded as the main item, we shall acquire co-ownership of this item to the extent of the gross invoice value of our reserved goods. If the value of the securities transferred to us exceeds our total claims against the customer by more than 15/100, we are ready to retransfer the security rights back to the customer at any time at the customer’s request.
- 7. Warranty
We guarantee that the products are free of manufacturing and material defects. The warranty period begins with the delivery date. A guarantee for the processing as well as suitability of the underground is not taken over, since the salesman has no influence on the processing. If operating or maintenance instructions of the manufacturer are not followed, changes are made to the products, parts are replaced or consumables are used which do not correspond to the original specifications, any warranty shall lapse if the purchaser does not refute a corresponding substituted assertion that only one of these circumstances has caused the defect. The customer is obliged to report defects in writing without delay, but at the latest within one week after receipt of the delivery. Defects which cannot be discovered within this period even after careful inspection must be reported by the customer in writing immediately after discovery. They oblige us to take back the goods complained about and to deliver a replacement, but in no case to pay damages. Minor colour deviations due to the use of natural raw materials do not constitute a reason for complaint. The same applies to subsequent deliveries.
- 8. Information and Advice
All oral and written information on the suitability and possible applications of our products is given to the best of our knowledge. However, they represent only our experience and not an assurance. Claims against us are therefore excluded. Agreements or ancillary agreements are only valid if they are confirmed in writing by our management. The customer remains obliged to convince himself of the suitability of the goods for the intended purpose by his own inspection.
- 9. Place of performance
Place of performance for all claims arising from the contractual relationship is Lamspringe. The place of jurisdiction for all legal disputes arising from the contractual relationship is Alfeld.
10. Final Provisions
The legal invalidity of individual provisions shall not affect the binding nature of the rest of the contract.
We would like to point out that we process the customer’s data relating to business transactions with him in accordance with the Federal Data Protection Law.