I. Definition, Scope 1.
The following terms and conditions are the basis of all our offers,
deliveries and services and apply to order acceptance by us also for all
later transactions as agreed. Other
terms and conditions shall only be recognized to the extent that they
are in accordance with ours or are expressly made in writing by us in
individual cases as the basis of the respective contract or service. 2.
Agreements or side agreements deviating from these conditions are only
valid if they have been confirmed in writing by Weld-Tech. 3. These conditions also apply to future deliveries. II. Offers and tender documents, changes in services 1. Our offers are always non-binding. The
documents belonging to the offer, such as illustrations, drawings and
measurements, are only approximately relevant, unless they are expressly
designated as binding. We reserve the right of ownership and copyrights to cost estimates, drawings and other documents; These documents may not be made accessible to third parties without our consent. 2.
We are entitled, even after placing the order, to make such changes to
ordered products, which are necessary or sensible for production or
other technical reasons, which do not affect the usability of the
product for the intended purpose communicated or recognizable to us and
the quality of the product Buyer are reasonable. III. contract award 1.The
contract comes into being only with and only in accordance with the
content and content of our written order confirmation, unless their
granting in an individual case should be expressly excluded. This also applies to orders brokered by agents. 2. A delivery contract is only concluded by written order confirmation, at the latest with dispatch of the goods. A transmission by remote data transmission is sufficient in writing. If
Weld-Tech can prove by submitting a transmission report that it has
sent a declaration by fax or remote data transmission email it is
presumed that the customer has received the declaration. 3.
If Weld-Tech makes use of a tele or media service for the purpose of
concluding a contract, the customer waives notice of the information
specified in the ordinance pursuant to Art. 241 EGBGB as well as a
confirmation of the receipt of his order. Orders
submitted electronically shall not be deemed to have been received
until they have been accessed and opened by Weld-Tech. Weld-Tech
reserves the right to delete orders unopened.
IV. Prices, terms of payment 1. The prices are ex works, and in principle without freight or. Shipping costs and packaging. The prices include VAT at the statutory rate. 2.
If the relevant cost factors (production material, energy, consumables,
wages, salaries, etc.) change significantly between the time of
conclusion of the contract and the contractually agreed delivery date,
we are authorized by the client to agree on new prices as amended by
contract to demand agreed prices. If an agreement is not reached, we are entitled to withdraw from the contract. If
the client is not a merchant, our reservation of rescission shall only
apply to a contractually agreed delivery period of more than 4 months. For
additionally required work, also for the preparation of test reports,
we charge the surcharges specified in the order confirmation or agreed
upon with the customer prior to prior agreement. 3.
In the case of substantial underrun of the quantities stated in the
contract, we are also entitled to levy small quantity surcharges. For
small orders with a net value of € 150, - a minimum quantity surcharge
will be charged. 4. The following terms of payment apply: All
invoices are payable within 10 days from date of invoice (payment
received by us) or at the latest within 3 weeks without any deduction. After
expiry of these payment periods, we shall be entitled to demand
interest due in arrears at the amount of the applicable interest rate,
irrespective of the assertion of further default damage. If we have to procure the input material for the execution of the order or If
the contract relates to the manufacture of tools, devices or special
machines, we are entitled to charge one-third of the agreed total price
at the time of the conclusion of the contract, two-thirds after
confirmation of default patterns. Payments must be made in cash or without transfer by bank transfer; the retention of payments or the set-off due to any counterclaims of the purchaser that are disputed by us are not permitted. 5. If the customer does not pay a due invoice despite a reminder, all his liabilities to us shall become due immediately. We
are also entitled to withhold further deliveries, to demand advance
payment, security or cash payment regardless of other prior agreements,
to withdraw from the contract or to claim damages for non-performance. 6.
Insofar as Weld-Tech withdraws the goods delivered without the
customer's statutory claim, Weld-Tech will charge a restocking fee of
20% of the value of the goods but at least 25, - EUR for the additional
costs incurred. 7.
The day of receipt of payment for all means of payment is the day on
which Weld-Tech or third parties who have a claim against Weld-Tech can
dispose of the amount. 8.
Set-off rights are only available to the customer if his counterclaims
have been legally established, are undisputed or recognized by
addition, the purchaser is entitled to exercise a right of retention
insofar as his counterclaim is based on the same contractual
relationship. 9. In addition to the statutory advance payments, the customer may be put on delay after the due date by reminder. If the payment date is determined by the calendar, the customer will be in default even without a reminder. In the event of default of payment by the customer, Weld-Tech is also entitled to retain all deliveries or services.
V. Retention of title 1.
If the goods belonging to us wholly or partially are sold, the purchase
price claim from the sale is already assigned to us up to the amount of
the value portion of our goods in the total sales proceeds. Fees received by the purchaser will be accepted by us. All items that belong to us in whole or in part are to be kept separately by the customer. Insofar
as a transfer is required according to the provisions for a transfer,
this is replaced by the fact that the goods are taken into safekeeping
by the customer for us free of charge. 2.
Weld-Tech reserves the ownership of goods delivered to the delivery
items until receipt of all payments resulting from the business
relationship with the customer. 3.
The assertion of the retention of title and the seizure of the delivery
items by Weld-Tech shall not be deemed rescission of the contract,
unless the provisions of the Consumer Credit Act apply and this is
expressly stated in writing by Weld-Tech. 4.
The purchaser is entitled to resell the delivery items in the ordinary
course of business, but he already assigns to Weld-Tech all claims in
the amount of the agreed between Weld-Tech and the purchaser purchase
price including VAT, which accrue to the purchaser from the resale, and Regardless of whether the delivery items are resold without or after processing. The purchaser is authorized to collect these claims after their assignment. The power of Weld-Tech to collect the claims itself remains unaffected; however,
Weld-Tech undertakes not to collect the claims as long as the customer
duly fulfills its payment obligations and is not in default of payment. However,
if this is the case, Weld-Tech may demand that the purchaser discloses
the assigned claims and their debtors, provides all information
necessary for collection, hands over the related documents and notifies
the debtors (third parties) of the assignment. 5. The processing or transformation of the goods by the customer is always carried out for Weld-Tech. If
the delivery items are processed with other items not belonging to
Weld-Tech, Weld-Tech acquires co-ownership of the new item in proportion
of the value of the delivery items to the other processed items at the
time of processing. 6.
If the delivery items are inseparably mixed with other items not
belonging to Weld-Tech, Weld-Tech acquires co-ownership of the new item
in proportion of the value of the delivery items to the other mixed
items. The customer keeps the co-ownership for Weld-Tech. Any
processing or processing of goods delivered by us shall be undertaken
by the purchaser without any obligations arising for us. 7. The customer may neither pledge the delivery items nor assign them as security. In
the event of seizure, seizure or other disposition by a third party,
the purchaser must notify Weld-Tech immediately and provide it with all
information and documents necessary to safeguard its rights. Enforcement officials or third parties should be made aware of the property of Weld-Tech. 8.
Weld-Tech undertakes to release the securities to which it is entitled
on request of the Purchaser insofar as these claims, which have not yet
been settled, exceed the value to be secured by more than 20%. Weld-Tech
shall be responsible for the selection of the securities to be
VI. Deliveries, delivery time 1.
The delivery period begins upon receipt of our order confirmation,
unless otherwise agreed, provided that all essential technical and
organizational details are binding at these times. The
observance of agreed delivery and service dates requires that all
technical questions have been clarified and that payments or other
obligations of the customer have been or are being met on time. If this does not happen, the deadline will be extended accordingly. 2. Partial deliveries are permitted. 3. Deliveries are ex works excluding packaging and insurance. The
risk is transferred to the customer upon leaving our factory, at the
latest, however, upon handover to the freight forwarder or carrier. If the goods are picked up by us at the request of the customer, the transport risk is borne by the purchaser. We are free to insure these dangers. The aforementioned provisions also apply if carriage paid delivery has been agreed. If
the goods are ready for despatch and the shipment or acceptance is
delayed for reasons for which we are not responsible, the risk shall
pass to the customer upon receipt of the notification of readiness for
despatch.Shipping way, type and means are excluded Liability and without guarantee for the cheapest and fastest transport and use of the means of transport to us. In doing so, the interests of the customer are adequately taken into account. 4. If we act as a freight forwarder, the general German freight forwarder conditions apply in addition. Goods
ordered ready for dispatch must be called immediately by the purchaser,
at the latest, however, after expiry of a period of 10 days after
no call is made, we are entitled to store the goods at the expense and
risk of the customer, at our own discretion, and to invoice them as
delivered ex works. Insurance against damage in transit will only be provided at the request of the client. 5.
If the purchaser is in default of acceptance or if he violates other
obligations to cooperate, then Weld-Tech is entitled to prefer other
orders from third parties and to extend the delivery period
appropriately. Without prejudice to further claims, Weld-Tech shall be
entitled to reimburse the resulting damage, including any additional
expenses desire. 6.
If the customer is in default by written reminders regarding its duty
to provide or cooperate, we are entitled to withdraw from the contract
after expiry of a period of grace of 2 weeks or to claim damages for
non-performance. VII. Delivery delay 1.
Unforeseeable, unavoidable or other serious events by us, a
subcontractor or a subcontractor, such as strike, lockout, malfunction,
lack of energy or materials, personal failures, official orders or
interventions, natural phenomena, missing means of transport, etc., at
and performance delays or even lead to the impossibility of performance
and are not responsible for us, extend the agreed delivery times by the
duration of the disability and entitle both parties to rescind the
contract in case of impossibility. The delivery periods are extended by such a period in which we were entitled to withhold our services. 2. If Weld-Tech is in default with the delivery, the customer has the right to payment of a flat-rate claim for damages. This is set at 0.05% of the purchase price for each full week of delay, up to a maximum of 1%. 2.
If Weld-Tech is in default with a partial delivery, this lump-sum
compensation claim is calculated on the basis of the purchase price for
parts not yet accepted. 3.
The customer loses the right to payment of the flat-rate claim for
damages if he does not assert this claim within four months from the
date on which the delivery should have taken place. 4.
The assertion of a delay beyond the flat-rate claim for damages damage
is excluded, unless Weld-Tech would have caused the default willful or
grossly negligent or the delay damage would be the result of a
fundamental breach of contract or by the delay would have occurred a
life or health injury.
VIII. Shipping, transfer of risk, acceptance 1.
If the purchaser is a merchant, defects must be reported in writing
immediately, but no later than 12 calendar days after receipt of the
goods. The obligation to examine exists even if default samples have been sent. In
the case of unrecognizable defects, the same shall apply within the
aforementioned period from detection of the defect. If defects in
further processing have been identified, they shall be discontinued
until we become aware of the condition of the product Goods convinced and made our decision. If the complaint is not formal or timely, the goods shall be deemed approved if the purchaser is a merchant. If the customer has the delivery or service or part of it in use. 2. The dispatch takes place on danger and calculation of the orderer. This also applies to returns. 2. Transport and other packaging will not be taken back. IX. Property rights The
purchaser undertakes to notify Weld-Tech without delay of third-party
protective rights claims regarding the delivered products and to provide
Weld-Tech with the legal defense at its own expense. Weld-Tech
is entitled to carry out necessary changes at its own expense, even
with delivered and paid goods, on the basis of third-party protective
rights claims. X. Warranty, indemnification, liability 1. Obvious defects must be reported and reported to Weld-Tech without delay. Insofar
as there is a defect for which Weld-Tech is responsible, at the
discretion of Weld-Tech repair or replacement will be made. In
case of repair, Weld-Tech is obliged to bear the expenses for labor and
material costs necessary for the remedy of the defect, insofar as these
costs are not increased by the fact that the purchased item was moved
to a place other than the place of performance. In terms of amount, this reimbursement is limited to twice the value of the defective item. 2.
If the repair or replacement fails, the buyer is entitled to demand the
reduction of the corresponding fee for this order or, in the case of a
material breach of contract, the cancellation of the contract. 3. For defects which Weld-Tech is not responsible for warranty claims are excluded. Unless it is the absence of a guaranteed or guaranteed property. 4. If Weld-Tech owes a piece, then in case of defectiveness a replacement delivery is excluded. 5.
Weld-Tech is liable according to the legal provisions, as far as the
customer asserts claims based on intent or gross negligence. Further
claims of the purchaser as the above regulated warranty claims are
excluded, unless the persons, who are appointed to the management of our
company are executives or vicarious agents intent or gross negligence in relation to the defect to be charged. Insofar
as Weld-Tech has acted with gross negligence, the liability for damages
is limited to the damage that was foreseeable before, typically
occurring. 6. Weld-Tech is also liable in accordance with the provisions of the Product Liability Act. 7. Otherwise the liability for damages is excluded. In this regard, Weld-Tech is not liable in particular for damage that did not occur to the delivery item itself. Contractual penalties are not recognized 8. The warranty period is six months, calculated from the transfer of risk. The
period is a limitation period and also applies to claims for
compensation for defects, as far as no claims from tort are asserted; For these claims, the statutory limitation period applies. XI. Complaints, exceeding the warranty period. 2.1. Hidden defects must be reported within 10 working days of discovery. 2.2. For defects that are discovered after the expiry of the warranty period, there are no warranty claims.
XII. Place of fulfillment, jurisdiction, applicable law, other 1. Unless expressly agreed otherwise, the place of business of Weld-Tech is the place of performance. 2.
If the purchaser is a merchant, a legal entity under public law or a
special fund under public law, the place of jurisdiction is the court
having jurisdiction for the place of business of Weld-Tech. However, Weld-Tech is entitled to sue the customer at his general place of jurisdiction. The
same applies if the purchaser has not moved to a general place of
jurisdiction in Germany after the conclusion of the contract or if his
domicile or habitual residence at the time of the claim is unknown. The laws of the Federal Republic of Germany apply, excluding foreign law and the unified international sales law. The German version of a contract text is authoritative. XIII. Foreign contractors Insofar
as the contracting party has its place of business outside the Federal
Republic of Germany, the exclusive application of German law shall be
governed by the aforementioned provisions unless otherwise provided
below. XIV. Severability clause Should one of the aforementioned provisions be or become invalid or void, the remaining provisions remain unaffected. The Contracting Parties are in committed to such a case instead of the void or ineffective provision to make an agreement that comes closest to her economically.
Note acc. Section 26 BDSG: We store personal data of our customers May 2018