AGB - WELD-TECH

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 Weld-Tech. In 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 released.

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 notification. If 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 delivery - 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.