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General terms & conditions
§ 1 General
All contracts/orders are subject to our following service and delivery conditions. They also apply without explicit indication for all subsequent business relations. Any differing conditions apply only with our previous explicit written consent.
§ 2 Prices and change of prices
- The prices in our quotations are subject to change until final order acceptance and apply ex works without packaging and on the basis of carriage free delivery of the goods that are processed by us; the customer bears the cost for handover, even if we provide vehicles. The customer bears the risk at delivery and handover. The customer bears additional costs, for example in the event of incorrect handover, improper transport or other.
- In the event of a significant change of substantial pricing factors, such as raw materials, wages and auxiliary costs as well as energy costs and taxes between 5% and 10%, we are entitled to raise the contractually agreed prices for services that we perform later than six weeks after contract conclusion by 5% to 10% accordingly. In the event of a change of prices by more than 15%, the customer is entitled to withdraw from the contract within 14 days after notice of the price increase by declaration in written form.
- All prices are exclusive of the respective statutory value added tax.
§ 3 Delivery time, operational disruptions
- The respective delivery time is stated in the respective quotation. If the contract conclusion is delayed by fault of the customer, the delivery time may be adjusted to the delay. The customer shall accept delay in delivery of up to three weeks without compensation.
- If we are unable to fulfil our contractual obligations due to force majeure or other exceptional circumstances that we cannot avert – e.g. fire and other forces of nature, illness, labor disputes, administrative measures, energy deficiency – the delivery time will be reasonably extended. If delivery is impossible or intolerable, we are released of our obligation to fulfil the order.
§ 4 Quality assurance and documentation
- The customer accepts our company’s QM-system that is certified according to DIN EN ISO 9001 and the measures for quality assurance and documentation stated within. Provisions and guidelines for quality assurance of the customer are only binding, if we have given our written consent.
- A documentation obligation in addition to DIN EN ISO 9001 does only exist if it has been explicitly agreed upon for certain delivery items.
- Insight into the production process as well as the production and inspection documents requires the prior consent of our management. We cannot grant such insight in all cases, especially if production secrets are involved. This also applies for the conduct of QS-audits.
§ 5 Warranty and liability
- We assume the statutory warranty for the proper execution of all orders. We always reserve the right to rectification of the work. The customer has to communicate notices of defects in writing and as soon as possible but not later than 8 days after receiving the processed goods, in any case, however, before the criticized goods are assembled or further processed. If we further process or assemble goods that have been processed by us, or if we use them for their intended purpose, our delivery is deemed to have been accepted. Defects that can be attributed to incorrect and incomplete specifications by the customer, or to deviations from the specifications as well as to flawed (e.g. pre-corroded) or incorrectly packed base material, or to a condition of the base material that makes its proper processing impossible (grease, rust, dirt, scratches, dents, water damages and other), are not covered by the warranty.
- The liability for damages of any kind caused by our employees, our vicarious agents or us is excluded. Exempted from this exclusion are damages arising from the breach of essential contractual obligations, damages that were caused deliberately or with gross negligence, damages that were caused by a slightly negligent violation and damages that are based on death, physical injury or damage to health. The liability for slight negligence of our vicarious agents is excluded.
- The processing of goods that have been handed over to us can cause damages. We are only liable for such damages if the processing reject rate exceeds 10% of the number of pieces that have been handed over to us. The liability is also limited to the actual expenses for raw materials and wages for the goods that we shall process.
§ 6 Payment
- Our invoices for coating services are to be paid within 10 days upon invoice date without any deduction. We reserve the right to charge default interest of 6% if the date of due payment has been exceeded.
- We are entitled to demand sufficient security for our claims.
- The customer can only offset with counterclaims that have been legally established or accepted by us.
§ 7 Place of fulfilment, place of jurisdiction, applicable law
- Place of fulfilment and jurisdiction for all contractual obligations including payment is Saarbrücken. Only upon our choice, it is the location of the customer.
- The contractual relation is subject to the law of the Federal Republic of Germany.
§ 8 Final provisions
Should one of the clauses mentioned above be or become invalid, the validity of the remaining clauses and the contract remain valid. The invalid clause shall be replaced by a valid clause that reflects the interests of the parties. The same applies in the event of a gap in the contract.
General terms & conditions
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