of the company Förster welding systems GmbH
I. Order and Acceptance
Our offers are non-binding. Conclusions and agreements only become binding for us with a written order confirmation.
Other conditions or agreements require our special written approval, in particular deviating or supplementary general terms and conditions of the customer are not part of the contract.
They will also not be recognized if we do not expressly object to them again after we have received them. Our terms of delivery and payment are deemed to have been accepted at the latest when our goods are received.
II. Delivery time
The delivery period begins when the order confirmation is sent, but not before the customer has provided the documents, approvals, releases that may have to be obtained and before receipt of an agreed down payment.
The delivery period is met if the readiness for dispatch has been communicated by the end of the period or the delivery item has left the factory.
The delivery period is extended in the event of industrial disputes, in particular strikes and lockouts, as well as the occurrence of unforeseen obstacles that are beyond our control, e.g. g. breakdowns, delays in the delivery of essential materials, insofar as such obstacles can be proven to have a significant influence on the delivery of the delivery item. This also applies if the circumstances occur with subcontractors. The delivery period is extended according to the duration of such measures and obstacles.
We are also not responsible for the aforementioned circumstances if they arise during an already existing delay. In important cases, we will inform the customer of the beginning and end of such hindrances as soon as possible.
Partial deliveries are permitted within the delivery times specified by us, provided that this does not result in any disadvantages for use.
III. scope of delivery
The scope of delivery is determined by our written order confirmation.
We reserve the right to make changes to the design or shape that are due to improvements in technology or legal requirements during the delivery period, provided the delivery item is not significantly changed and the changes are reasonable for the customer.
IV. Cancellation Costs
If the customer withdraws from an order placed without justification, we can demand 10% of the price for the costs incurred by processing the order and for lost profit, without prejudice to the possibility of claiming higher actual damage. The customer retains the right to provide evidence of minor damage.
V. Packaging and shipping
Packaging becomes the property of the customer and is charged for by us. Postage and packaging expenses will be invoiced separately. The choice of shipping method is made by us to the best of our judgement.
VI. acceptance and transfer of risk
The customer is obliged to accept the delivery item. Unless otherwise agreed (delivery by us), handover takes place at the headquarters of Förster welding systems GmbH. The customer is entitled to inspect the delivery item within fourteen days after receipt of the notification of readiness or other notification of completion at the handover location. The customer is obliged to accept the delivery item within the same period, unless he is temporarily prevented from accepting it through no fault of his own.
If the customer is in arrears with acceptance of the object of purchase for more than fourteen days from receipt of the notification of readiness, we are entitled, after setting a grace period of a further fourteen days, to withdraw from the contract or to demand compensation for non-performance. There is no need to set a grace period if the customer seriously or finally refuses acceptance or is obviously unable to pay the purchase price within this period.
The risk passes to the customer when the delivery item is handed over to the customer or a supplier, as well as in the event of default in acceptance. If the customer declares that he will not accept the delivery item, the risk of accidental loss or accidental deterioration of the delivery item passes to the customer at the time of refusal.
VII. Price Changes
Price changes are permitted if there are more than four months between the conclusion of the contract and the agreed delivery date. If wages, material costs or market acquisition prices then increase before the delivery is completed, we are entitled to increase the price appropriately in line with the cost increases. The customer is only entitled to withdraw if the price increase corresponds to the increase in al
lthe general cost of living between the order and the delivery not only insignificantly exceeds.
If the customer is a merchant, a legal entity under public law or a special fund under public law, price changes are permitted in accordance with the above provision if there are more than six weeks between the conclusion of the contract and the agreed delivery date.
We assume liability for defects in the delivery items in the following manner:
a) During a period of twelve months after acceptance of a new delivery item, the customer has the right to have defects rectified (rework). If we are unable to rectify a defect that is subject to our warranty obligation (failure of rectification) or if further attempts at rectification are unreasonable for the customer, the customer can demand rescission (cancellation of the contract) or price reduction (reduction of payment) instead of rectification. Warranties for used goods are not accepted, they are sold as they are.
b) Natural wear and tear is excluded from the warranty in any case.
We are only liable for further claims and rights in cases of intent and gross negligence. Moreover, liability is excluded.
c) Deliveries of goods are to be checked for transport damage immediately upon receipt, even before confirmation of the shipping document. To avoid hidden damage, the packaging must be removed. Damage is to be noted on the receipt of goods or the acceptance of the goods is to be refused. Deformations on our products that deviate from the test report will not be recognized by us afterwards.
The completeness of the delivery of goods must be checked immediately and, if necessary, a complaint must be lodged with us no later than the day after receipt of the goods.
IX. retention of title
We reserve ownership of the delivery items until payment.
If the customer behaves in breach of contract, in particular if he is in arrears with payment, we are entitled to take back the goods after a reminder and the customer is obliged to surrender them.
The assertion of the retention of title as well as the pledging of the delivery items by us does not count as withdrawal from the contract, unless the provisions of the Consumer Credit Act apply or this is expressly declared by us in writing.
In the case of use by merchants, a legal entity under public law or a special fund under public law, the following also applies:
The customer is entitled to resell the delivery items in the ordinary course of business; however, he already assigns to us all claims in the amount of the purchase price agreed between us and the customer (including value added tax) that accrue to the customer from the resale, regardless of whether the delivery items are resold without or after processing. The customer is authorized to collect these claims after their assignment. Our authority to collect the claims ourselves remains unaffected; however, we undertake not to collect the claims as long as the customer duly meets his payment obligations and is not in default of payment. If this is the case, however, we can demand that the customer discloses the assigned claims and their debtors, provides all information required for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
The processing or transformation of the goods by the customer is always carried out for us. If the delivery items are processed with other items that do not belong to us, we acquire co-ownership of the new item in relation to the value of the delivery items to the other processed items at the time of processing.
If the delivery items are inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item in relation to the value of the delivery items to the other mixed items. The purchaser keeps the joint ownership for us.
The customer may neither pledge the delivery items nor assign them as security. In the event of seizure, confiscation or other dispositions by third parties, the customer must inform us immediately and provide us with all information and documents that are necessary to protect our rights. Enforcement officers or a third party must be informed of our ownership.
We undertake to release the securities to which we are entitled at the request of the customer if the value of the claims to be secured exceeds them by more than 20%, insofar as they have not yet been settled.
X. Tort Liability
Claims for damages based on tort are excluded
unless the damage was caused intentionally or through gross negligence. This also applies to the actions of our vicarious agents and vicarious agents.
XI. terms of payment
The price and the fees for ancillary services are due for payment when the delivery item is handed over.
Checks and bills of exchange only count as payment after they have been honoured. Acceptance of bills of exchange always requires a prior written agreement with us. If bills of exchange are accepted, the bank discount and collection fees will be charged. You are to be paid immediately in cash.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the withholding of payments due to any counterclaims of the customer that we do not recognize is not permitted, nor is offsetting against such claims.
XII. Fulfillment and jurisdiction
Place of performance is Chemnitz.
For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, legal action must be taken at the court responsible for our headquarters. We are also entitled to sue at the customer’s headquarters.
Transfers of rights and obligations of the customer from the contract concluded with us require our written consent in order to be effective.
Should a provision be or become void, the validity of the other provisions shall remain unaffected.