General sales and delivery conditions
General sales and delivery conditions
of ProTec Metalltechnik GmbH
1.1 Our deliveries and services are provided exclusively on the basis of these General Terms and Conditions of Sale and Delivery (hereinafter referred to as “ GTC ”). We do not recognize any terms and conditions of the customer that deviate from, differ from, or supplement these GTC unless we have expressly agreed to their validity in writing. Our AVB also apply if we carry out the delivery or service without reservation in the knowledge of conflicting or deviating customer conditions.
1.2 These terms of sale only apply to entrepreneurs within the meaning of § 14 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 contract offer. Unless otherwise stated in the order, we are entitled to accept this contract offer within three weeks of receipt.
2.3 All agreements that were made between us and the customer when the contract was concluded are set out in writing in full in the contract, including these conditions of sale. Our employees are not authorized to make verbal 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, must be in writing at least.
3. Prices and terms of payment
3.1 Unless otherwise stated in our order confirmation, the FCA Geretsried prices quoted apply in accordance with INCOTERMS 2020. Sales tax is not included in the prices shown; it will be shown separately on the invoice at the applicable statutory rate, insofar as this is incurred.
3.2 Unless otherwise agreed, invoice amounts are due for payment 14 days after receipt of the invoice.
3.3 If the agreed payment period is exceeded, the customer is in default of payment and is obliged to pay interest on arrears at a rate of 9 percentage points above the base interest rate pa. Claims for compensation for further damage caused by delay remain unaffected.
3.4 The customer is only entitled to set-off 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-performance of the contract, insofar as these claims result from the same contract as our claims.
3.5 We are entitled to carry out outstanding deliveries only against advance payment or security if we become aware of circumstances after conclusion of the contract which jeopardize the fulfillment of our payment claim. If the customer does not comply with our request for advance payment or security within a reasonable period of time, we are entitled to withdraw from the contract.
4. Passing of Risk
Unless otherwise stated in the order confirmation, delivery 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 (in particular transport company, shipping route, packaging) ourselves. If, exceptionally, we take over the transport, the customer must ensure a suitable and safe access and sufficient unloading space at the agreed place of delivery.
The risk of accidental loss and accidental deterioration of the goods is transferred to the customer or a third party commissioned by him at the latest when the goods are handed over. The handover is the same if the customer is in default with the acceptance. In the case of mail-order sales, the risk of accidental loss and accidental deterioration of the goods passes to the forwarding agent, carrier or other person responsible for carrying out the shipment upon delivery of the goods.
5. Terms of Delivery
5.1 Adherence to the delivery times presupposes the timely and proper fulfillment of the customer's obligations. The delivery time does not begin before the customer has provided the documents, approvals, releases that may have to be procured and before receipt of an agreed deposit or advance payment.
5.2 Events for which we are not responsible and which prevent us from providing the service, such as strikes, lawful lockouts, official orders, natural disasters, the effects of epidemics and pandemics and other events of force majeure, release us from fulfilling the contractual obligations assumed for as long as the hindrance persists . In the case of epidemics and pandemics, this also applies if these had already occurred when the contract was concluded, but the specific effects on the contract were not foreseeable at the time the contract was concluded. We undertake to inform the customer immediately about the occurrence and the probable duration of such an event. The delivery time is extended by the duration of the hindrance plus an appropriate start-up phase. If such a hindrance lasts longer than three months, each party is entitled to withdraw from the contract, but the customer only after appropriate warning. In this case, any consideration already paid will be refunded immediately.
5.3 If we are obliged to pay damages due to a delay in delivery according to the statutory provisions, our obligation to compensate for damages caused by the delay (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 not guilty of intent or gross negligence burden is to be laid. Liability for culpable injury to life, limb or health remains unaffected. For the liability for damages in lieu of performance, the liability regulations according to Section 7 of these AVB apply.