General Terms and Conditions of Sale and Delivery
For all business relations between Blankenburg GmbH and other business partners, the following General Terms and Conditions of Sale and Delivery apply. Compared with this, contradictory Terms and Conditions of contractual partners shall not be taken into consideration. Their validity is expressly contradicted. Silence does not count as agreement. The following terms of sale and delivery in their respectively valid version, as far as they have been effectively agreed once, shall also become part of all future contracts in the case of current business relations.
Our offers are non-binding. Verbal agreements are only effective after written confirmation. Conclusions, changes or annulments of a contract only become binding when they are confirmed in writing. This also takes effect for understandings about the function of this written form acknowledgement.
Unsatisfactory details about the purchaser, who can not call this for presentation, for the period of or after conclusion of contract, whenever they become known by us, authorize us optional for resignation without fixing a time limit or to call for prepay the purchase price or to provide security.
Likewise default in acceptance of the purchaser authorize us to resign the contract without fixing a time limit. The Right of Withdrawal ranges at all quantities whether or not they are taken off, but it can be limited to certain parts or quantities whose acceptance has not take place on time. After the same requirements we are able to call for damages for non-performance or displacements of additional expenditures for not taken place on time, instead of the resignation. In case of resignation the purchaser adhere for any depreciation and lost profit.
The seller only adhere the compensation, as far as he breach the contract deliberately or gross negligence.
The delivery period begins with the date of the conclusion of the contract and the agreement on the type of execution on the condition of punctual compliance with the agreed terms of payment.
Does the purchaser demand in any point another variant of the purchasing article before delivery, in this matter the running of the delivery term will be interrupted and if necessary it will be extend for a time needed to performing the different delivery. The purchaser has the right to set us a adequate final deadline, if the agreed delivery date is overstepped more than 4 weeks. If the purchasing article is not delivered until end of final deadline, the purchaser will be able to withdraw from the contract with a written notice. Prementioned deadlines can be modified with express written agreements.
Otherwise, a claim for damages due to non-fulfilment or delay is excluded. In case of inability of the seller as well as his suppliers to perform through no fault of his own as well as in case of force majeure (act of nature), both parties shall only be entitled to withdraw from the contract 3 months after the original delivery date has been exceeded, without this having to be announced in advance.
We reserve changes in design and form of type of construction during the delivery time, as far as the purchasing article itself and its look have not changed radically.Data of the descriptions about power output, weight and costs of operation shall be considered approximated.
Pending payment in full (on payment with cheque or bill of exchange until their redemption) of all receivables and future receivables, the goods supplied remain the property of us.
Goods that are still our property must not be sell, bond, rent out or lend by the purchaser. He is liable for losing and all damages even if it is not his fault.
If we make use of our right to return, a cancellation of the contract will be only present when it is state expressively in written by us. In this case we are authorized to calculate an amount that is adequate to our expenditures and depreciations. If goods that are still our property are bonded or owned by a third party, we are to inform about this situation in written form and all documents of the purchaser (for example protocol of attachment) are to send to us directly. The purchaser is responsible to point out our property. All costs that arise for repelling our access will be paid by the purchaser.
An objection must happen directly in written form or within a week after receipt of goods at the latest. Anyway it must be addressed to us and not to our representative. If the notice of defects is valid, the purchaser will have the right to reclaim depreciation, but no conversion and no restitution of a damage. We are authorized to repair or to avoid the right for depreciation with replacements. Ulterior claims of the purchaser which includes loss of duty etc., are excluded.
Our guarantee amounts to 12 months until transfer of risk.
Notice of defects do not absolve the purchaser from compliance of the agreed payment. Our responsibility for defects expires by delayed payment of the purchaser.
Place of performance, in particular for payments, is Remagen am Rhein. Place of jurisdiction is Koblenz. These General Terms and Conditions of Sale and Delivery and German law shall apply to all business transactions, also abroad. The application of international legal regulations is excluded.
Unless otherwise agreed, our invoices shall be payable 30 days after the invoice date in cash without any deduction, in case of payment within 8 days after the invoice date with 2% discount. The deduction of the discount requires the payment of all previous deliveries to the same customer. Payments shall only apply if they have been made directly to us here. Our field service is only entitled to accept payments with special identification. Offsetting, reduction and assertion of a right of retention against our payment claim are excluded. Non-compliance with our terms of payment releases us from any further obligation to deliver, but does not release the purchaser from his obligation to take delivery. We are entitled to make delivery promises dependent on prior payment and to revoke credit promises at any time.
Bills of exchange and checks are only accepted by special agreement and only on account of payment. Discount charges and all other expenses shall be payable by the purchaser. Due to a possible pledge or omission of the bill of exchange or the protester suspension no rights or objections can be asserted against us.
If payment dates are exceeded, the default consequences occur without the need for a reminder. For the delay the customer has to pay default interest of 14%. The assertion of further damage remains unaffected.
Should individual provisions of the general terms of sale and delivery be ineffective, this will not affect the validity of the remaining conditions