Terms and conditions

General information and prices


The following General Terms and Conditions of Supply and Payment apply to our deliveries. Terms and conditions that derogate from these are only binding upon us if we have confirmed them in writing. Customers’ terms and conditions of purchase place us under no obligation even if we have not explicitly contradicted them. The prices are ex works plus the statutory VAT. The prices charged are the those that are valid on the date of delivery. Shipment / delivery is effected for the account and at the risk of the customer.


Delivery times


The delivery dates stated by us are approximate. Unforeseen events beyond our control, such as force majeure, breakdowns, stoppage and lockout, delayed delivery of materials to us or our subsupplier, delay the delivery date accordingly. Damage or loss caused by delay, or the cancellation of an order due to delayed delivery, are excluded.


Terms of payment


Payment of the amounts invoiced must be made without any loss to the supplier. Cash settlement within 8 days of issue of the invoice is with an early payment discount of 2%, cash settlement of the invoice within 30 days of the invoice date at the net amount. If payment is delayed, from the 31st day on the customer must bear the cost of interest and bank charges in full. These will be charged at 1% above the respective discount rate of the respective Federal State Central Bank. Bills of exchange will only be accepted if previously agreed. They are considered as payment only after they have been honoured. If at any time during the term of contract it becomes known to the supplier that the creditworthiness of the purchaser has become questionable, or if the purchaser fails to pay due invoices in accordance with the terms of payment, all accounts receivable of the supplier become due immediately; this is subject to the right to cancel current contracts.


Retention of title


The delivered goods remain the property of the seller until the purchase price has been paid in full as well as any other debts arising from the business relationship as a whole. The title is not transferred until all bills of exchange or cheques given as payment have been credited to the seller. If the purchaser fails to meet his obligations, the seller may remove the goods or dispose of them at his own discretion without a court ruling. As long as the goods are subject to retention of title the purchaser may neither pledge the object of delivery nor assign it by way of security.


Warranty


If the contract performance or the object of delivery is defective or if it becomes defective during the warranty period due to manufacturing and material defects, at his discretion and to the exclusion of other claims under warranty on the part of the purchaser, in particular to the exclusion of any kind of consequential damages, the seller will provide a replacement or rectification. Rectification may be carried out several times.


If after an appropriate period rectification or replacement delivery fails, the purchaser has the choice of a reduction in price or cancellation of the contract.


Visible defects must be reported to the seller immediately and at the latest within two weeks. If the seller so wishes, he must be granted the opportunity to inspect the reported defects in situ.


Objections about the quantity of the goods delivered must be made at the latest within 7 days of receipt of the goods; objections to prices must be raised within 14 days of receipt of the invoice at the latest.


If a defect is ascertained, which the seller is obligated to remedy, and if the goods are at a place other than the commercial branch or domicile of the purchaser, the purchaser must bring them to the branch of the seller to be remedied. The costs thus incurred shall be borne by the seller. If it is not possible to move the goods to the commercial branch of the seller or only at unreasonable cost and effort for the parties or one of the parties, the duty to remedy must be met at the place where the goods are located as defined by the contract.


If, after the seller has made delivery, the goods are brought to a place other than the relevant branch or domicile of the purchaser and if that place is located outside the country (abroad), or elsewhere than the branch or domicile of the purchaser, the latter must bear the additional costs thus incurred in order to meet the obligation to remedy unless removal to a place abroad is in keeping with the intended use of the object.


No claim may be made under warranty if the purchaser has not or has only partially met his contract obligations, or if alteration or repair work is carried out on the object subject to complaint without our consent.


The liability of the seller to pay compensation for damage or claims that take their place are limited to infringements of duties on the part of the seller caused by gross negligence or intent and infringements caused by gross negligence or intent on the part of a representative or vicarious agent of the seller. This restriction does not apply if injury to life, limb or health has occurred. This restriction also does not apply if an infringement of important contract obligations has taken place.


Legal venue / applicable law


For orderers who are registered traders, corporate bodies or pubic law funds Memmingen /Allgäu shall be the agreed legal venue for all claims arising from the business relationship.


For all disputes arising from the business relationship it is agreed that German law shall apply.


Validity of the present terms and conditions


The ineffectiveness of individual provisions of the present terms and conditions does not cause the remaining provisions or the entire contract to be ineffective. If any provisions are ineffective the statutory regulations shall replace them. We reserve the right to make alterations and amendments. If an order is placed, it is prerequisite that the aforesaid terms and conditions are known to and confirmed by the orderer.

Copyright 2018. Kollinger Metallbau GmbH. All rights reserved.
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