General sales and delivery conditions of Wilbers-Werkstätten GmbH
Gildehaus – Bad BentheimStand: October 2012
§ 1 General
1. If there is an unopposed written order confirmation, it is relevant to the content of the contract and the extent of the performance.
2. Our services and deliveries are based solely on these general terms of sale and delivery. These also apply to all future business relationships, even if they are not explicitly agreed again. We hereby expressly object to different terms and conditions of the customer.
3. These conditions apply only in legal transactions with natural and legal persons who are not consumers within the meaning of § 13 of the Civil Code.
§ 2 Offer and Conclusion of the contract
1. The documents included in the offer, such as illustrations, drawings, weights and measurements, are only approximately authoritative, insofar as they are not expressly designated as binding.
2. Our offers are subject to change. Therefore, it was only achieved with our order confirmation or with delivery of the goods. If the order confirmation does not comply with the order, the customer must object to it in writing a week after receipt. Otherwise, the contract is deemed to have been the content of our order confirmation.
3. Additions, amendments and side agreements require our written confirmation in order to be effective.
4. We are entitled to technical changes in the model and material, provided that the usability is not compromised.
§ 3 Prices and payment
1. In the absence of a different agreement, prices from the factory apply additional VAT as well as transport and packaging costs. If there are an interim contract and delivery for more than four months, without this being based on a delay in delivery for which we are responsible, we may increase the agreed price increases to the extent that the wage, material and other costs incurred on us have increased.
2. The customer must pay one third of the agreed remuneration after receipt of the order confirmation, another third in the event of notification of readiness for dispatch and the remaining amount in one month after receipt of the notification of the readiness for dispatch. The customer is not entitled to a security withholding.
3. Our invoices are due immediately. The customer has to pay them within fourteen days of access, otherwise he will be in default of any warning in terms of interest. Payment is the receipt of the money in our account, even if we take bills of exchange or cheque, which we are not obliged to do; The acceptance of cheques and/or switching takes place on the basis of the assessment of the costs of filling them up.
4. The uncertainty objection of § 321 BGB is fully extended to the forgeries, in which we subsequently receive knowledge of the customer’s lack of credit at the end of the contract. Furthermore, we are entitled to withdraw from the contract if the customer provides us with incorrect or incomplete information about his person, financial circumstances or creditworthiness, insofar as this information is essential for the assessment of creditworthiness.
5. The customer may only offset any undisputed or decisive counter-claims that have been determined by a final law. He is only authorised to exercise any right of retention insofar as his counter-claims are based on the same contractual relationship.
§ 4 Delivery and delivery time
1. Delivery periods begin in case of doubt with the date of our written order confirmation, but not before the customer fulfils his obligations to cooperate (in particular approvals and obtaining documents and permits) and a possible agreed Down payment. The delivery time is adhered to if the goods have left the warehouse by the time they have expired or if the notification of readiness for dispatch has been sent.
2. Refending periods must be set to us in writing. They must be appropriate and generally not fall short of four weeks from the start of the late-term setting.
3. The risk passes to the customer with the shipment of the goods, even if the shipping costs will bear. If the shipment is delayed for reasons represented by the customer, the risk passes to the customer by displaying the readiness to ship. We are ready to take out the insurance requested by the customer at the customer’s expense.
4. Delays in dispatch caused by the transporter do not give rise to any claims for damages against us, unless we are charged with premeditacy or gross negligence. We will ascede any claims for damages against the transporter to the customer.
5. We are entitled to partial deliveries.
§ 5 Temporary obstacles to performance
1. If the performance becomes temporarily impossible or difficult for us due to force majeure or other circumstances not indebted to us, an agreed service period shall be extended by the duration of this loss of performance; the same applies to one provided by the customer for The performance set the deadline or grace period. The customer is not entitled to rescind the contract or to compensation at the prior stage of the extended performance period. Permanent impediment to performance for more than three months, both the customer as well as we are entitled to withdraw from the contract insofar as it is not carried out. If the customer is entitled to withdraw contractually or legally without setting a grace period, this law remains unaffected.
2. Events of force majeure are, in particular, war, war-like conditions, mobilisation, import and export bans and blockades. Others of us don’t