„GS Grinding technology – Just perfect!“
General Terms and Conditions
GS-Schleiftechnik & Waagen GmbH, D-91315 Höchstadt
Our offers, deliveries and services are exclusively subject of these General Terms and Conditions. The GTC are also applied to all future business relations, even if they are not explicitly agreed upon.
Deviations from these Terms and Conditions shall be effective only if they are confirmed in writing. For the scope of our deliveries only our order confirmation shall prevail.
Offers, printed in brochures, advertisements, etc. also concerning prices – are non–binding. We, however, adhere to specially prepared offers for 30 calendar days.
In case that within the delivery period, e.g., when confronted with price and production costs increases caused by our suppliers or other circumstances outside our responsibility, we are entitled to increase our price offer accordingly. Packaging, freight and transit insurance costs are not included in our prices and are borne by the buyer.
The time from ordering to shipment ex works is considered as delivery period. We endeavour to meet specified deadlines. Should this be temporarily or permanently impossible, because of force majeure, stoppages, including strikes and lockouts, or difficulties in the procurement of materials, we and the buyer are entitled to rescind from the contract in whole or in part. Compensations claims for delay or non–performance are excluded, unless intent or gross negligence is given.
Risk and peril pass over to the buyer as soon as the consignment is handed over to the person in charge for transport or if the goods left the factory for shipment. If the shipment is delayed at the buyer’s request, the risk goes with the message of shipping readiness to the buyer. We are entitled but not obliged to insure shipments in the name and at the buyer’s expense.
If the delivered goods are defective or miss guaranteed properties or become defective within the warranty period due to manufacturing or material defects, we deliver at our discretion, but at the exclusion of any other warranty claims of the buyer, replacement or repair. Multiple repairs are allowed. Resulting freight costs within the scope of the repairs are borne by the buyer. The warranty period is 6 months from the date of delivery.
The buyer has to inspect the consignment immediately upon arrival for damages in transit and has to report any possible damage or loss in form of a factual report by the carrier or in a written affirmation. Furthermore, we have to be notified of obvious defects immediately or at least within one week after delivery on the consignment note attached to the consignment. The defective items have to be kept available for inspection by us in the state in which they were located at the time of discovery of the defect.
A breach of the foregoing obligations excludes any warranty claims made against us. Our warranty is nil and void if the buyer or a third party interferes with the electrical or mechanical internal parts of the delivered items. It does also not cover the repair of damages caused by improper handling or fault of the buyer.
Until fulfillment of all outstanding receivables, which we have on any legal basis against the buyer now or in future, we retain ownership of the goods delivered (ROT). The purchaser may not dispose of these conditional goods. Receivables resulting from a resale or any other legal ground concerning the conditional goods, including all current account balance claims, the buyer already yields to us in full now. In case of seizure of the conditional goods by third parties – in particular bailiffs – the buyer will refer to our ownership and inform us immediately. At repudiatory breach of the contract by the buyer – especially for delay of payment – we are entitled to take back the goods at the buyer’s expense. The withdrawal together with the seizure of the goods by us – unless the instalment law is applied, does not constitute a withdrawal from the contract.
Our invoices are payable within 8 days on receipt of delivery, minus cash discount of 2%, or within 30 days on receipt of delivery without deduction. An amount below
50 € if it is not subject to part delivery or subsequent deliveries is due strictly net immediately. This applies also to repairs and wage work. For deliveries to unknown buyers, we reserve the right to deliver against COD or prepayment. We expressly reserve us the right to reject checks or drafts. The acceptance is made only for payment but discount and draft charges are borne by the purchaser and are due immediately. If the buyer exceeds the period allowed for payment of 30 days from delivery, we are entitled from that date to charge interest as charged by commercial banks for overdrafts. Even in the presence of defects of the goods delivered, the buyer is not entitled to retain the purchase price fully or partially. The buyer is only entitled to make a set–off if the counterclaim is undisputed or legally valid.
Compensation claims from impossibility of performance, positive breach of contract, faulty conclusion of the contract, negligence in tort are excluded against us and our vicarious agents, unless intentional or grossly negligent behaviour is given.
For the sales and deliveries terms and the entire legal relations between us and the buyer the jurisdiction of the Federal Republic of Germany is ruling. The application of the uniform international sales law is excluded. As far as permitted by law, the German City of Nuremberg is exclusively the venue for all disputes arising directly or indirectly from the contract. If a provision of these sales and delivery terms – or a provision within the framework of another agreement is or becomes invalid, the effectiveness of the remaining provisions is not affected.
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