General terms and conditions
§ 1 General provisions – scope of application
The general terms and conditions set out below apply to all our contractual relationships. Our services and offers are exclusively provided and made based on and taking into account these general terms and conditions. We do not acknowledge deviating general terms and conditions of the contractual partner, unless we expressly accepted them in writing. These general terms and conditions also apply to all future business with the contractual partner.
§ 2 Conclusion of contract
(1) Our offers are always non-binding unless stated otherwise in the contract / our order confirmation.
(2) Delivery dates or deadlines that were not expressly agreed as binding in writing are always non-binding.
(3) Deduction of a discount requires a special written agreement.
§ 3 Prices
(1) Unless agreed otherwise, our respective applicable list prices apply ex stock, excluding packaging. Prices are given as net prices.
§ 4 Due date of remuneration and set-off rights
(1) Remuneration is due upon receipt of the invoice.
(2) The contractual partner is deemed in arrears if payment is not effected within 12 days after the invoice date. Upon being in arrears, the statutory interest on remuneration in arrears of currently 8 percentage points p.a. above the base interest rate in terms of § 247 BGB [Bürgerliches Gesetzbuch, German Civil Code] becomes payable. We reserve the right to assert claims for any further damage caused by the delay.
(3) The contractual partner is only entitled to set-off if contractual partner’s counterclaims were legally determined or are undisputed. The contractual partner may only exercise a right of retention if the counterclaim is based on the same contractual relationship.
(4) Any subsequent processing certificates requested after the order was executed will cause additional costs in accordance with our price list.
§ 5 Cooperation obligations of the purchaser
(1) The contractual partner is obliged to report the material characteristics, the annealing parameters in particular, upon placing the order or by no later than upon delivery. The material supplied by the contractual partner will only be inspected prior to heat treatment subject to a special written order of the contractual partner at additional costs.
(2) The contractual partner is obliged to make the material that is to be processed available in return for the delivery note. Only acknowledged delivery notes give rise to liability for the quantity delivered that is receipted therein.
§ 6 Defects, liability
(1) The contractual partner is obliged to inspect the services immediately after return of the treated material and, if a defect is detected, to immediately report such defect to us. If the contractual partner fails to notify us, the service shall be deemed provided in due form. This does not apply if the defect could not be detected in the inspection. If such a defect becomes apparent at a later point, the notice must be issued immediately after detection; otherwise, our service shall be deemed accepted despite the defect.
(2) In case of timely notice of defects, we shall have the right to subsequent improvement. If subsequent improvement is unsuccessful, the contractual partner shall have the right to reduction or withdrawal from the contract.
(3) We assume liability in accordance with statutory provisions if the contractual partner asserts claims for damages based on intention or gross negligence, including intention or gross negligence on the part of our representatives or vicarious agents. If we have not committed an intentional breach of contract, liability for damages shall be limited to foreseeable, typically occurring damage.
(4) Apart from the above, we assume liability in accordance with statutory provisions if we culpably violate an essential contractual obligation. Again, however, the liability for damages in such cases is limited to foreseeable, typically occurring damage.
(5) Liability for culpable injury to life, limb or health remains unaffected. The same applies to compulsory liability under product liability law.
(6) If we are liable in terms of § 6 clauses 3 and 4 of these terms and conditions, liability for subsequent damage, loss of profit and loss of production is excluded.
(7) Heat treatment of metals may result in distortion of the material. We do not assume liability for this occurrence. We do not assume liability for a specific hardness of the heat treated material.
(8) We exclude liability for material damage caused by sandblasting works if we have completed a problem-free trial run using the material provided beforehand. We do not assume liability for material expanding or distorting during sandblasting work.
(9) Following sandblasting work, we do not assume liability for colour fastness and durability of the primer we applied for provisional corrosion protection purposes only.
§ 7 Place of performance and place of jurisdiction
(1) The place of performance for all mutual obligations arising from the contracts concluded with us is Kreuztal.
(2) If the contractual partner is a merchant, the seat of our company shall be deemed agreed as place of jurisdiction. We also have the right to bring action against the contractual partner at the contractual partner’s place of jurisdiction.
Version: May 2012
You can also access our general terms and conditions as a PDF document for download here.