General Terms and Conditions
For goods and services provided by GESCO metall GmbH Bellstr. 3a, D-92421 Schwandorf
§ 1 Validity of Conditions
Deliveries, services, tenders and orders provided by GESCO shall take place exclusively on the basis of the following terms and conditions. Counter-confirmations by the business partner referring to their own terms of business or purchase conditions are hereby rejected.
§ 2 Conclusion of Contract
Acceptances and all orders require written and faxed confirmation in order to be legally valid. The same applies to any supplements, modifications or subsidiary arrangements. Drawings, diagrams, dimensions, weights and other performance data are only binding when these have been explicitly agreed in writing.
§ 3 Tenders and Prices
The price shall be set in the currency stated by us. If not otherwise agreed, the prices are ex-works, plus the appropriate sales tax.
§ 4 Delivery Time
The delivery time shall begin with the date that the order was placed, but not before clarification and approval by the customer relating to all particulars and drawings required for the design. The delivery time shall be deemed to be met if the delivery item has left the factory by this date or readiness for delivery has been notified.
Delivery dates and deadlines require the written form. We are not responsible for delays in the delivery or service due to force majeure, including strikes, lock-outs, official arrangements and failure by upstream suppliers, even in the case of legally binding deadlines and dates. If the obstruction lasts more than 3 months, the customer shall be entitled, after an appropriate grace period, to withdraw from the contract for the part that has not yet been fulfilled. In this case, compensation claims against us cannot be invoked. We are entitled to make partial deliveries and perform partial services at any time.
§ 5 Guarantees
Complaints shall only be considered upon immediate written notification, no later than 8 days after receipt of the goods, unless the fault could not be recognised even after careful examination. GESCO guarantees that the products it supplies shall be free from manufacturing defects. In case of a justified notice of defects, we shall be entitled to repair this product or deliver another.
If any operating instructions we provide are not followed, if changes are made to the products, the products are installed in other products, connected with these, parts are replaced or consumables used that do not confirm to the original specification, any guarantee shall be void unless the customer disproves this assumption. Guarantee claims against us are only valid from the direct customer and cannot be transferred.
§ 6 Transfer of Peril and Dispatch
The risk of damage to goods, even where carriage-paid delivery is agreed, shall transfer to the customer as soon as the delivery leaves the factory. If the delivery or dispatch is delayed due to the customer, the risk of damage shall transfer to the customer from the time that the product was ready for dispatch.
We must be notified in writing immediately after receipt of any deviations from the delivery note or invoice.
§ 7 Retention of Title
All goods supplied by us remain our property until all the claims we are entitled to resulting from our business dealings at the time of delivery or thereafter have been satisfied. If our goods are mixed with or connected to other items, we become co-owners of the share which equals the value of our goods, even if the other goods are to be seen as the main product. Any possible machining or processing of our goods will be conducted by our customer without this resulting in any obligations on our part. If our goods are processed to the extent that our title to them is lost, we shall gain title to that share in the products which have come into existence which equals the value of our goods. Our customer hereby assigns to us that share of his claims resulting from the further sale of goods which completely or partly belong to us which equals the value of our goods as a part of the total sales price. The pledging or assignment as security of our goods by the customer is prohibited. The enforcement of title retention including any demand for the return of goods shall not be considered as withdrawal from the contract.
§ 8 Cancellation
In case of unauthorised withdrawal from the contract by the customer, we are entitled to demand compensation due to non-fulfilment amount to 5% plus sales tax at the current rate of the agreed order total, if higher costs cannot be proven.
§ 9 Liability, Exclusion of Compensation Claims
We shall only be liable in accordance with these General Terms and Conditions. Any additional claims or claims not included therein, particularly the claims to compensation and claims due to subsequent damage, irrespective of legal basis, are excluded.
§ 10 Final Provisions
The possible invalidity of one or more conditions of these General Terms and Conditions shall not result in the invalidity of the other conditions. Schwandorf is hereby agreed as the court of jurisdiction and place of fulfilment for delivery and payment and for any disputes arising from this contractual relationship – as far as is legally permissible. The law of the Federal Republic of Germany shall apply exclusively.