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General terms and conditions

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Scope

The following general terms and conditions apply exclusively - even if no reference is made to them in individual cases - to all our offers, deliveries and services, and in particular to future transactions. Differing agreements require our written confirmation in order to be effective. Deviating conditions of the customer do not apply even if we do not expressly object to them in individual cases.

Offers and contract conclusion

  1. Our offers and cost estimates are always non-binding and subject to change, unless the text of the offer is binding for a limited period of time.
  2. Our terms and conditions are considered accepted by placing an order or accepting delivery; they are also considered accepted if order confirmations remain undisputed.
  3. Our order confirmation alone is decisive for the scope of the order. Subsequent additions, amendments or other ancillary agreements require our written confirmation in order to be effective.
  4. Dimensions, weights, illustrations and drawings or other information are only binding for the design if this is expressly confirmed in writing. The technical data of our products are subject to change.
  5. The client grants us the right to cancel the contract if execution of the order is not possible as a result of force majeure, strike, lockout or similar unforeseen events.

Rates

  1. The agreed prices are net prices in € (EUR) excluding VAT, excluding packaging, freight and insurance.
  2. The customer bears the additional costs for express delivery, as well as special forms of packaging and shipping at the customer's request.
  3. Changes, special requests or cancellations that are only required after the contract has been concluded can be charged separately according to the amount of costs incurred.
  4. For processing small orders up to €100.00 net order value, we reserve the right to charge a minimum quantity surcharge of €15.00.

Shipment

  1. Delivery times are not binding. Delivery dates are determined by us with due care.
  2. The delivery period begins when the order confirmation is sent.
  3. The delivery period is met if the order item has been shipped by the expiry of the order item or if the customer has been notified that it is ready for shipment.
  4. The delivery period is extended if unforeseen obstacles occur (operational disruptions, delays in delivery by our upstream suppliers, etc.) which could not be averted despite efforts.
  5. The client agrees to partial deliveries and, in the case of custom-made products, to appropriate sub-and overdeliveries, unless otherwise expressly agreed. Each partial delivery is considered an independent transaction within the meaning of the terms and conditions.
  6. In the event of a delay in delivery, the customer may withdraw from the contract with regard to the part that has not yet been fulfilled, after he has given us a reasonable period of time to deliver. The customer can only withdraw from the entire contract if he is not interested in the partial service.
  7. Shipments are generally sent at the expense and risk of the client.

Payment terms

  1. Unless otherwise agreed, the invoice amount is due for payment within 14 days after invoicing in full.
  2. In the event of late payment, we are entitled to charge costs and usual banking interest.
  3. If the client is in default of payment, we are entitled to withhold outstanding deliveries or to make them against payment in advance or cash on delivery. Promised delivery dates may be extended accordingly.
  4. Withholding payments or offsetting disputed counterclaims by the buyer is not permitted.
  5. For initial orders, we only deliver in advance or cash on delivery.

Transfer of risk

  1. The risk is transferred to the customer when the order items leave the warehouse, regardless of whether using their own or third-party means of transport.
  2. If delivery is delayed due to circumstances for which the customer is responsible, the risk is transferred to the customer upon notification that the order items have been made available. This also applies if partial deliveries are made or we have taken on other services, e.g. shipping costs, delivery or installation.
  3. Without special request from the customer, a delivery will not be insured against breakage and transport damage, fire, theft, etc. If the customer requires insurance to be taken out, this will be taken out at the buyer's expense.

Retention of title

  1. We reserve title to all order items until full payment of all current and future claims arising from the business relationship with the customer. This applies regardless of the legal basis and the date of origin of the claims, in particular also to claims arising from bills of exchange, cheque, instruction or the balance of an existing current account relationship to be settled by the customer.
  2. The customer may neither pledge nor assign as security an object of contract subject to retention of title. In the event of seizure, seizure or other dispositions by third parties, he must notify us immediately. He may only resell contract items subject to retention of title in the ordinary course of business, provided that the claim arising from the resale is transferred to us. In the event of resale, the customer hereby assigns to us his claims arising from the resale of contract items, including the corresponding receivables from bills of exchange or checks, with all ancillary rights. In the event that an order item is sold together with other goods not belonging to us at a total price, the assignment is only made in the amount that we have charged the customer for the object of the order, including value added tax. There is no need for a special declaration of assignment for each individual case of sale.
  3. The customer collects the receivables from the resale in trust as long as we agree to this. At our request, he will inform his customers of the assignment and at the same time notify us.
  4. In the event of a breach of duty by the customer, in particular in the event of default in payment, we are entitled to take back the object of the order after withdrawal from the contract and the customer is obliged to surrender it. In this case, the customer must reimburse the costs of the return. For the use of delivered and retrieved items, we are entitled to an amount equal to the normal market rental price for the period of use as compensation and to compensate for a reduction in value that has occurred. However, the customer is allowed to prove that we did not suffer any damage or that our damage is significantly lower than the lump sum.

Warranties and material defects

  1. We guarantee the delivery of defect-free goods, proper workmanship and steel quality in accordance with the product description. Due to technical progress, we have to reserve the right to deviate from illustrations, drawings, etc. Claims for defects are excluded for used items.
  2. Obvious product defects, incorrect deliveries and quantity discrepancies must be reported in writing immediately after discovery of the defect, but no later than 7 working days after receipt of the order items. If a defect within the meaning of this provision is discovered later, the notification of the defect must then be made immediately.
  3. For justified complaints, we reserve the right to repair or replace them. Compensation claims of any kind, including subsequent damage, are excluded, except in cases of gross negligence on our part.

Liability

  1. Liability for personal injury is governed by legal provisions.
  2. In the event of other claims for compensation by the customer based on a breach of our contractual or legal obligations, are excluded. In particular, we are not liable for damage caused to the object of the order itself. Furthermore, we are not liable for subsequent damage, loss of profit, or other financial losses. We are entitled to charge late payments and normal bank interest.
  3. The above exclusion of liability does not apply if the damage was caused intentionally or through gross negligence by us or by our vicarious agents. If we breach essential contractual obligations, we are also liable for slight negligence, unless the damage is untypical and unforeseeable.
  4. The customer's right to withdraw from the contract is not limited by the above regulations. The same applies to liability under the Product Liability Act.

Place of Fulfilment and Jurisdiction

  1. The place of fulfilment for delivery and payment is D-33330 Gütersloh. The place of jurisdiction is the legal place of jurisdiction responsible for us. In given circumstances, we reserve the right to sue at the client's place of jurisdiction. All legal relationships are subject exclusively to German law.