Terms and Conditions
Art. 1: Validity
All our sales and deliveries are exclusively governed by the following general terms and conditions, to the exclusion of our own purchase conditions of the customer, even if these are communicated afterwards. Deviations from our general terms and conditions are only valid if they have been explicitly stipulated and agreed in writing.
Art. 2: Offers
All our offers, quotations, etc. are entirely without obligation, as are our communications regarding the technical characteristics, etc. of our products and regarding delivery times, which we can only give roughly, based on normal circumstances. The customer can never derive the right from this to refuse to take delivery of the goods or to suspend his payment obligation, while they are also not entitled to dissolve the agreement.
Art. 3: Order Confirmation
3.1 We are only bound by the order confirmation issued by us. The agreement is only concluded after our written confirmation. Orders taken by our representative, appointee or employee are only valid after written confirmation by an authorized person who can commit our company to this. 3.2 Any cancellation of the order must be made by registered letter. It is only valid with our written acceptance. In case of cancellation for any performance of the agreement, the customer owes a flat-rate compensation of at least 15% of the price of the order, on the understanding that we have the right to prove the actual damage, If this is greater.
Art. 4: Delivery terms
The delivery terms are only provided by way of information and are therefore not binding, unless otherwise agreed in writing between the parties. Delays in delivery can therefore never give rise to a delay fine, compensation or termination of the agreement.
Art. 5: Delivery
5.1 Delivery takes place ex-warehouse, which is understood to mean the place from which deliveries are made by or on behalf of us. From the delivery, all risks relating to the goods are for the customer. The customer insures the risks at his own expense. 5.2 In the absence of a receipt, the risk also transfers to the customer, whereby we are authorized to store elsewhere at his expense. If the customer refuses to take delivery of the goods, we have the right to declare the agreement dissolved without judicial intervention and without notice, without prejudice to our right to full compensation. 5.3 The customer takes full responsibility for receipt of goods at address for kerbside delivery only and must make all the necessary arrangements to unload the order safely with due care. 5.4 Delivery will only be offered to the ground floor of any premises, it is the customers responsibility from there on. 5.5 We are also entitled to suspend delivery if the customer has not yet fulfilled its payment obligations in the context of deliveries already made.
Art. 6: Force majeure
In the event of force majeure on our part, the performance of the agreement will be suspended for as long as the situation of force majeure makes it impossible for us to perform, without prejudice to our right to dissolve the agreement without judicial intervention, in which case the customer is only obliged to pay a reasonable compensation for the work already performed. Force majeure entitles the customer neither to dissolution, nor to compensation, nor to termination. Force majeure is understood to include war, danger of war and riots, obstructive measures by domestic and foreign governments, fire, strike, machine damage, lack of personnel, obstruction of transport, lack of means of transport, flood, lockouts, sabotage and in general all unforeseeable circumstances, as in at home and abroad, as a result of which compliance with the agreement can no longer reasonably be expected of us. Force majeure is also present if, as a result of the circumstances or for any reason whatsoever, the suppliers from whom the goods sold or the required raw materials were ordered have not delivered them to us or have not delivered them on time, or for any reason whatsoever the relevant cancelled the agreement.
Art. 7: Complaints
7.1 The customer must immediately subject the goods to a normal attentive inspection upon delivery. To be valid, complaints must be made by registered in writing within 8 days after delivery, under penalty of forfeiture, failing which the buyer is deemed to have accepted the delivered goods. Complaints are only valid if the delivered goods have not undergone any processing or manipulation and only for the resale of the goods to third parties. No complaint will be accepted by us if it concerns downgraded goods or goods sold at special or soldered prices. 7.2 Complaints against an invoice are only valid if they are made in writing within 8 days after the invoice date. They do not under any circumstances give the customer the right to suspend his payments. Compensation is expressly excluded. The customer is requested to always state the date and number of the invoice.
Art. 8: Liability
8.1 Our indemnification obligation does not extend further than that of our suppliers. Our responsibility in no case extends beyond the invoice price, excluding VAT and costs, or the replacement of the goods, insofar as they are defective, and therefore explicitly excludes any direct or indirect compensation. 8.2 Return of the goods can only take place with our express written permission and does not imply any negative acknowledgement on our part. Returns must be in the original packaging, free of freight and costs. 8. 3 Hidden defects can only give rise to compensation if they have been detected with due speed and if this is notified by registered and substantiated letter within 1 month after their discovery and the goods have not been processed in the meantime. 8.4 The customer indemnifies us against all claims from his customers, for whatever reason. The customer undertakes to make this guarantee known to his customers.
Art. 9: Retention of Title
Until all claims arising for us from the agreement have been fully settled, the delivered goods remain our property at the expense and risk of the customer and can therefore be reclaimed by us in the event of non-payment or late payment. and taken back without any formality. Notwithstanding this express reservation of ownership, all risks relating to the goods are transferred to the customer from delivery, as stipulated in art. 4.1.
Art. 10: Payment
Payment is to be made in strict accordance with the Payment Terms stipulated in the quotation document. Any amounts due must be settled prior to placement of subsequent orders. In the absence of agreed terms, payment must be made in full at time of order and the funds received in the Company’s account before the order will be processed. Any agreed terms on behalf of the Company must be made in writing to be valid.
Art. 11: Guarantees
11.1 A 10-year warranty is given against defects such as warping and curvature that are outside the normal tolerance. Claims with regard to hidden defects must be made within 3 months after delivery. Deviations from the indicated dimensions of 0 to -2 mm as well as warping and curvature of 6 mm and less are not hidden defects, but a normal tolerance. We cannot give any guarantee on colours and paints, hinges and locks as well as glass. The colour of the product can degrade by up to 30 to 40% through the natural process after exposure to UV light. 11. 2 If our confidence in the customer's creditworthiness is shaken by acts of judicial execution against the customer and/or identifiable other events that call into question and/or make impossible the confidence in the proper execution of the commitments entered into by the customer we have the right to demand suitable guarantees from the customer. If the customer refuses to accept this, we reserve the right to cancel all or part of the order, even if the goods have already been shipped in whole or in part. If necessary, the amount referred to in art. 3.2 or in art. 12.3, depending on whether or not the execution of the agreement has already started at the time of cancellation.
Art. 12: Termination of the contract
12.1 In case of non-payment, we reserve the right to stop further deliveries. We also reserve the right to consider the agreement as dissolved by operation of law and without prior notice of default for the whole or the part that has not yet been executed. 12.3 In the event of a unilateral breach of contract or in the event of dissolution of the agreement to the detriment of the customer, the customer owes compensation, the minimum of which is fixed at 30% of the price of the order
Any legal nullity of the individual provisions of these general terms and conditions does not in any way affect the legal validity of the other provisions.