General Terms and Conditions of Sale, Delivery and Assembly

R. Kaschwig Schallschutztechnik GmbH

 

1. general

  1. The following terms and conditions of sale and delivery apply exclusively to all deliveries and other services; they only apply to merchants within the meaning of Section 24 of the German General Terms and Conditions Act (AGB-Gesetz).
  2. Any deviating terms and conditions of the Buyer that are not expressly recognized by the Seller shall not be binding, even if the Seller does not expressly object to them.
  3. The inclusion and interpretation of these terms and conditions as well as the conclusion and interpretation of legal transactions with the buyer shall be governed exclusively by German law. The UN Convention on Contracts for the International Sale of Goods is excluded.
  4. The invalidity of individual provisions shall not affect the validity of the remaining provisions. The parties undertake to replace ineffective provisions with economically equivalent provisions.
  5. The place of fulfillment and jurisdiction is D-48324 Sendenhorst, whereby the seller also has the right to sue at the buyer's headquarters.

 

2 Offers, scope of services and conclusion of contract

  1. Contractual offers are subject to change.
  2. The seller's order confirmation is decisive for the scope of services.
  3. Changes in design or material are permissible provided they are reasonable for the buyer.
  4. Technical documents are only approximate unless expressly designated as binding.
  5. There is no entitlement to redemption; redemption is voluntary and subject to a fee.
  6. Approvals for installation systems must be obtained by the purchaser at his own expense.
  7. In the case of delivery abroad, the buyer is responsible for import formalities and duties.
  8. The following services are generally not included in the scope of services: e.g. bricklaying, electrical work, calculations, approvals.
  9. Information on sound insulation elements refers only to individual parts. The products are designed for indoor use in dry, heated halls.

 

3. prices and terms of payment

  1. Prices are ex works plus packaging, shipping and VAT.
  2. If the delivery period exceeds 4 months, the price may be adjusted; withdrawal possible if the increase is > 40 %.
  3. Any changes requested by the buyer will result in additional costs. Interest on arrears: 2 % above the discount rate of the Bundesbank.
  4. Cost increases entitle the customer to adjust the price; right of withdrawal in the event of an increase of > 10 % within 8 days.
  5. Payment plan: 1/3 upon order confirmation, 1/3 upon readiness for delivery, 1/3 upon assembly or delivery.
  6. Freight and services are payable immediately without deduction.
  7. Payment by bank transfer or on account of performance by check/bill of exchange possible. The buyer bears the costs.
  8. Delay in payment > 14 days: immediate maturity of all claims, advance payment or withdrawal possible.

 

4. offsetting and retention

Only admissible in the case of undisputed or legally established counterclaims.

 

 

5 Delivery times and shipping

  1. The delivery period shall be extended in the event of default by the buyer or force majeure. Partial deliveries are permitted.
  2. Shipment is at the risk and expense of the buyer. Storage costs if delivery is delayed by the buyer.
  3. Delivery times may be delayed in the event of changes after order confirmation.

 

6. installation, commissioning and assembly

  1. Installation at cost; surcharges for overtime, travel time, expenses, etc. Not included are construction work or lifting equipment.
  2. Subcontractors may be used. Assembly delays shall be borne by the customer.
  3. On-site acceptance with the installation manager is mandatory. Failure to carry out acceptance will result in additional costs.
  4. The buyer is responsible for the installation requirements (e.g. electricity, foundations, openings, etc.).

 

7. reservation of title

  1. Ownership remains with the seller until full payment has been made.
  2. Sale of the reserved goods is permitted; claims arising therefrom are assigned to the seller.
  3. Collateral in excess of 10 % of the claim can be released at the request of the buyer.
  4. Retention of title can be asserted without withdrawal.
  5. Realization permitted in the event of default of payment; flat-rate costs of 15 % of the proceeds chargeable.
  6. No objection possible with reference to commercial or professional use.

 

8 Warranty and liability

  1. Immediate notification of defects is required, otherwise the goods are deemed to be approved (§§ 377 ff. HGB).
  2. Rework or replacement delivery at the discretion of the seller. Withdrawal or reduction possible in the event of failure.
  3. Warranty period: 12 months. Excluded: unauthorized commissioning, faulty maintenance, overloading, external influences, etc.
  4. No liability for consequential damage, except in cases of intent or gross negligence on the part of management personnel.
  5. The maximum limit of liability is the purchase price, except in the case of damage to life, limb or health.

 

Status: March 2022