Terms & Conditions of Sale of the company stumpe glas gmbh
Our deliveries are made exclusively according to the following terms and conditions of sale. Terms and conditions of purchase of the customer are therefore also non-binding for us if we do not expressly object to them.
Any deviation from the following terms and conditions, ancillary agreements and promises from our representatives are only effective following written confirmation from us.
Our prices are subject to change, the prices calculated for reorders are non-binding. If the production costs increase after the conclusion of the contract through increases in salaries, wages, freight and power prices, through change to the existing or introduction of new information etc., we are entitled to increase our prices accordingly. This does not apply for the delivery of goods or services which should be delivered or performed within four months following the conclusion of the contract, unless the goods or services will be delivered or performed within the framework of continuous obligations.
To guarantee discounts and other payments, we are only obligated insofar as such have been agreed in writing when the order was issued. Unless stated otherwise, all prices are ex works Kaufbeuren-Neugablonz excluding packaging.
Information regarding prices, delivery possibilities etc. made by telephone require written confirmation in order to be effective. We do not take responsibility for mishearing and misunderstanding telephone orders.
2. Terms and Conditions of PAyment
Unless otherwise agreed, our payment terms and conditions amount to 10 days 2 % discount, 30 days net. It is required that payment is in cash and receipt of the payment is within the period envisaged for this. Bills of exchange are not cash payment. If the payment deadline is culpably missed, we have a claim to the interest for delay common to the banks without requiring a reminder.
Cheques and bills of exchange will only be taken as payment against reimbursement of the standard banking costs. We are not responsible for the timely submission of cheques and bills of exchange. The customer cannot appeal to Art. 53 Para 1 of the “Wechselgesetz” [German law regarding bills of exchange].
Interest on default and bill of exchange charges are to be paid immediately.
Payment default and other circumstances which make the customer’s creditworthiness appear doubtful entitle us to make all of our claims payable immediately and, insofar as we possess bills of exchange, to take recourse against the defaulter before expiry. We are only required to make further deliveries if the customer has paid a security or advance payment.
Claiming a right of retention or a right of lien over our claims is excluded, unless the counterclaim in undisputed or legally determined.
It is only permissible to off-set with undisputed or legally determined counterclaims.
3. RETENTION OF OWNERSHIP
Until full payment of the purchase price together with costs and interest as well as until settlement of all deliveries and services within the commercial relationship, the goods sold remain our property. Editing and processing the delivered goods is carried out for us. Should the purchaser acquire ownership through this process, it will be transferred to us at the same time and the product will be kept safe for us by the purchaser free of charge. If the goods are processed together with other goods, we acquire co-ownership in the result according to the value ratio of the goods processed at the time of the processing. The purchaser is entitled, so long as we retain ownership, to resell the goods or respectively the product produced from it within the framework of ordinary business and observing the following terms and conditions:
The claims arising against third parties from the resale are transferred to us as security up to the amount of the invoice value of our goods subject to retention, unless this requires a special agreement in individual cases. The purchaser is authorized to collect this claim for our account. We are however entitled at any time to inform the purchaser, who is to be named to us on request, about the transfer and to request direct payment to us. The regulation in this paragraph applies accordingly when using our goods subject to retention of ownership to fulfil a work or work delivery contract.
If the invoice value of the goods subject to retention of ownership exceeds the invoice value of our claim by more than 20 %, we are obligated to release accordingly following a written request.
Exercising the retention of ownership does not mean that the contract is rescinded. We are free to seize the object of the delivery, and this does not mean that the retention of ownership is waived. In the case of seizures and other interferences by third parties, we are to be informed immediately by registered post. The goods and the claims taking their place may neither be pledged to third parties nor agreed as security before our claims are fully paid.
4. DELIVERY PERIOD, PART DELIVERY
Delivery deadlines or periods are therefore only binding if they are promised or confirmed by us in writing. Delivery periods begin with the sending of the order confirmation, but not before the documents, approvals, releases are provided by the orderer, as well as before receipt of an agreed payment. The delivery deadline or period is adhered to if by its expiry the object of the delivery has left the factory, or readiness to deliver has been communicated.
The delivery period extends appropriately for measures within the framework of labour disputes, in particular strikes and lock-outs, as well as the occurrence of unforeseen obstacles which lie outside the will of the deliverer, insofar as such obstacles provably significantly influence the completion or shipping of the delivery object. This also applies if the circumstances arise for suppliers.
Claims for compensation for damages due to late delivery or non-performance are excluded insofar as they were not caused intentionally or with gross negligence.
The customer’s right to rescind the contract in the case of default and after setting a suitable period of grace in advance remains unaffected. Part deliveries are allowed and can be billed separately.
5. SHIPPING AND PACKAGING
In each case the goods are shipped ex works Kaufbeuren-Neugablonz at the customer’s risk. The customer is, in the case of registered COD consignment, also liable for the correct receipt of the amount registered.
Packaging is as instructed by the customer, and at our discretion if this is not available. The packaging will be added to the sales price.
6. TOOLS AND MODELS
The customer does not acquire a claim to the tool or models through the payment of tool or model costs; we remain the sole owners of these.
Patent defects or respectively deviations in volume and weight of the goods are to be reported in writing immediately after the delivery. If this does not happen, the goods are considered accepted. Latent defects must be reported in writing immediately after their discovery.
In the case of justified reports of defects, the customer can initially simply request subsequent performance. This is carried out as we choose through removal of the defect or delivery of an item free of defects. The customer cannot rescind the contract or reduce the counter-performance until he has twice requested the subsequent improvement or performance within a set period to no avail, or a subsequent improvement or performance if ultimately impossible or failed.
If the customer or a third party makes improvements improperly, we are not liable for the consequences arising from this. The same applies for changes to the object of the delivery made without our prior consent.
All defect claims prescribe in one year from the delivery of the goods. This does not apply for such objects of delivery which have been used for a construction according to its common use, and this caused the defect. In this case the statutory prescription period for defect claims applies. This also applies insofar as we acted intentionally and / or fraudulently.
8. EXCLUSION OF LIABILITY
Claims for compensation for damages of any kind by the customer are excluded, insofar as they are not based on a culpable or grossly negligent action on our side, or an intentional or grossly negligent action by one of our legal representatives or persons assisting in the performance of obligations.
This limitation of liability does not apply to damages caused by us, our legal representatives or persons assisting in the performance of obligations as a result of injury to life, body or health. It also does not apply for claims under the “Produkthaftpflichtgesetz” [German law on product liability] and for culpable breaches of material contract duties; in the latter case our liability is limited to simple and medium negligence causing damages which are typical to the contract and reasonably foreseeable.
If it becomes known to us after the conclusion of the contract that the customer’s assets have significantly deteriorated, or that he has pledged his tools, machines, stores or debts outstanding, or if the customer does not immediately pay bills due in spite of being reminded, we reserve the right to rescind the contract or to demand compensation for damages as a result of non-performance, without claims against us arising for the customer.
Likewise we are entitled to rescind without the customer making claims against us if carrying out the order is made impossible by unforeseen official measures, closure, lack of raw materials, fire or similar accidents.
10. PLACE OF PERFORMANCE AND JURISDICTION
Kaufbeuren is the place of performance and jurisdiction for both parties.
11. CHOICE OF LAW
German law applies for the contractual relationship.
The invalidity of individual provisions does not affect the validity of the remaining provisions.