General sales and delivery conditions

General sales and delivery conditions 

of ProTec Metalltechnik GmbH 

1. Scope 

1.1 Our deliveries and services are carried out exclusively on the basis of these General Terms and Conditions of Sales and Delivery (hereinafter “General Terms and Conditions ”). We do not recognize any customer conditions that deviate from, differ from, or supplement these General Terms and Conditions unless we have expressly agreed to their validity in writing. Our General Terms and Conditions also apply if we carry out the delivery or service without reservation despite being aware of the customer's conditions that contradict or deviate from our General Terms and Conditions.

1.2 These terms and conditions of sale only apply to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. 

2. Conclusion of contract; Explanations  

2.1 Our offers are subject to change and non-binding. 

2.2 The ordering of the goods by the customer is considered a binding contractual offer. Unless the order states otherwise, we are entitled to accept this contract offer within three weeks of its receipt.  

2.3 All agreements made between us and the customer upon conclusion of the contract are set out in writing in full in the contract, including these Terms and Conditions of Sale. Our employees are not authorized to make oral promises that deviate from or go beyond the written contractual agreement.  

2.4 Legally relevant declarations by the customer in relation to the contract, such as setting deadlines, notifications of defects, declarations of withdrawal or reduction in price, must at least be in text form. 

3. Prices and payment terms 

3.1 Unless our order confirmation states otherwise, the prices stated apply to FCA Geretsried in accordance with INCOTERMS 2020. VAT is not included in the prices shown; it will be shown separately in the invoice at the applicable legal amount, if this applies.  

3.2 Unless otherwise agreed, invoice amounts are due for payment 14 days after receipt of the invoice. 

3.3 If the agreed payment deadline is exceeded, the customer is in default of payment and is obliged to pay interest on arrears amounting to 9 percentage points per annum above the base interest rate. Claims for compensation for further damage caused by the delay remain unaffected.  

3.4 The customer is only entitled to offsetting and retention rights if his counterclaims have been legally established, are undisputed or have been recognized by us. This restriction does not apply to counterclaims by the customer due to defects or partial non-fulfillment of the contract, to the extent that these claims result from the same contract as our claims.  

3.5 We are entitled to make outstanding deliveries only against advance payment or security if, after conclusion of the contract, we become aware of circumstances that jeopardize the fulfillment of our payment claim. If the customer does not comply with our request for advance payment or security deposit within a reasonable period of time, we are entitled to withdraw from the contract.  

4. Transfer of risk 

Unless otherwise stated in the order confirmation, delivery to FCA Geretsried is agreed in accordance with INCOTERMS 2020. If we ship the goods to another destination at the customer's request and expense, we are entitled to determine the type of shipment ourselves (in particular the transport company, shipping route, packaging). If we take over the transport in exceptional cases, the customer must ensure suitable and safe access and sufficient unloading space at the agreed delivery location.  

The risk of accidental loss and accidental deterioration of the goods passes to the customer or a third party commissioned by him at the latest upon handover. The handover is deemed to be the same if the customer defaults on acceptance. When purchasing by mail order, the risk of accidental loss and accidental deterioration of the goods passes to the freight forwarder, the freight forwarder or the person otherwise designated to carry out the shipment upon delivery of the goods.  

5. Delivery conditions 

5.1 Compliance with delivery deadlines requires the timely and proper fulfillment of the customer's obligations. The delivery time does not begin before the customer has provided any documents, approvals, releases or before receipt of an agreed deposit or advance payment.  

5.2 Events for which we are not responsible and which prevent us from providing services, such as strikes, lawful lockouts, official orders, natural disasters, the effects of epidemics and pandemics and other force majeure events release us from fulfilling the contractual obligations assumed as long as the hindrance continues . In the case of epidemics and pandemics, this also applies if they had already occurred when the contract was concluded, but the specific effects on the contract were not foreseeable when the contract was concluded. We undertake to inform the customer immediately of the occurrence and expected duration of such an event. The delivery time is extended by the duration of the hindrance plus an appropriate start-up period. If such a hindrance lasts longer than three months, each party is entitled to withdraw from the contract, but the customer is only entitled to do so after giving appropriate notice. In this case, any consideration already provided will be refunded immediately.  

5.3 If we are obliged to pay compensation in accordance with the statutory provisions due to a delay in delivery, our obligation to compensate for damage caused by the delay (compensation for damages in addition to the service) is limited to a maximum of 5% of the net purchase price of the delayed delivery, provided that we and our legal representatives are neither guilty of intent nor gross negligence burden is to be laid. Liability for culpable injury to life, body or health remains unaffected. The liability regulations in accordance with Section 7 of these General Terms and Conditions apply to liability for damages instead of performance.