General Terms and Conditions

Please note:
The English translation of the well shop General Terms and Conditions is provided for the convenience of our non-German-speaking customers. Regardless of this, only the original German-language version is legally binding.

 

1. General
1.1 Our products are addressed to companies and self-employed commercial or free-lance customers only.
1.2 Any deviations from these conditions of sale – in particular the application of purchasing terms of the purchaser – require our express written approval.
1.3 Our offers are subject to change. Orders are only binding for us if confirmed by us in writing or accomplished by effecting delivery of the goods; additional verbal agreements are only binding if confirmed by us in writing.
1.4 Third-party intellectual property rights must be observed when using the goods supplied.
1.5 German law is applicable under exclusion of the UN Convention on Contracts for the International Sale of Goods and the regulations of German international private law.

 

2. Delivery
2.1 Our obligation to deliver the goods is suspended for as long as the purchaser is in arrears with payment. Any claims against the purchaser remain unaffected by this.

2.2 Partial deliveries are permitted provided the partial delivery involved can be used on its own by the person making the order.
2.3 If we fail to deliver at the agreed time through our own fault, default of delivery can only be claimed after we have been granted a reasonable grace period.

 

3. Charging/prices
3.1 In the absence of other express agreements with regard to type and cost of any packaging or the means of transport used, all deliveries are ex works/warehouse excluding packing.
3.2 Invoicing is always based on the prices applying on the day of delivery.
3.3 All prices exclude VAT.
3.4 If carriage-free delivery is agreed upon, the prices we quote are based on the freights and fees valid at the time of making the offer. They are therefore adapted, to the benefit or disadvantage of the supplier, to any changes in freight rates or fees for our deliveries, with no right on the part of the purchaser to cancel the order.
3.5 The delivery costs quoted are applicable for EU countries only. We reserve the right to make additional charges for deliveries to non-EU countries and to islands.

 

4. Force majeure
Cases of force majeure, i.e. circumstances and events which cannot be prevented by due care and good management, suspend the contractual obligations of the parties involved for the duration of the disruption and to the extent of its effects
.

 

5. Payment
5.1 Orders made through the shop are subject to advance payment minus 3 % discount. Regular customers can be granted a payment period of 10 days after the invoice date without deduction.
5.2 Payment by bill of exchange requires our prior approval; the purchaser bears all costs and expenses as well as the risk of timely submission and protesting.
5.3 If the purchaser exceeds the payment deadline, we shall charge interest at the debit interest rate customary in banking of at least 3 % above the discount rate of the German Federal Bank, and we reserve the right to claim further compensation if necessary.
5.4 If the purchaser is in arrear of payment and there are reasonable doubts as to his solvency or creditworthiness, we are entitled – without prejudice to any of our other rights – to demand securities or advance payments for outstanding deliveries as well as immediate settlement of all claims resulting from the business relationship.
5.5 The purchaser is only entitled to offset or withhold payment in the case of undisputed or legally established claims.

 

6. Dispatch
6.1 Loading and dispatch are uninsured and at the risk of the recipient.
6.2 We will do all we can to consider special requests and interests of the purchaser with regard to dispatch type and route communicated to us; if the fulfilment of special requests causes additional costs, these shall be for the purchaser’s account. In particular, this also applies for cases in which carriage-free standard delivery was agreed upon. We are gladly prepared, previously and on written request, to ascertain the additional costs to be expected when individual delivery requests are taken into account in concrete individual cases and to communicate them to the purchaser.


7. Warranty
7.1
Any information on suitability, processing and application of our products, technical advice and other information is given to the best of our knowledge, but it does not release the purchaser from the obligation of carrying out checks and tests of his own. Pilot tests must be carried out in all cases. The following tolerances can occur in the processing and application of wellboard: length +/- 20cm, width +/- 5cm, height 0/-0.5 mm, material thickness 15%. The following tolerances can occur in the processing and application of kraftplex: length/width < 2%, material thickness 5%. Material tolerances can also occur after cutting to size.
7.2 On receipt of the goods delivered, the purchaser shall immediately check them – by processing a sample if this can reasonably be expected – for defects with regard to specifications and intended purpose, otherwise the goods shall be considered as accepted.
7.3 Complaints will only be accepted if made within eight days after receipt of the goods (and in the case of concealed defects, after discovery and at the latest six months after receipt of the goods), in writing and with the necessary evidence enclosed.
7.4 At our own choice, we will limit our warranty obligations to replacement delivery, revocation of contract, reduction of the purchase price or rectification of the defect. Rejected goods may only be returned to us with our express consent.

 

8. Compensation for damage or loss

As far as legally permissible, our obligation to pay compensation for damage or loss for whatever legal reason is limited to the invoice value of the quantity of our goods immediately involved in the event giving rise to the damage or loss. This does not apply if, due to mandatory provisions of the law, we have unlimited liability on the grounds of wilful intent or gross negligence.


9. Reservation of ownership
9.1 The goods purchased shall remain our property until complete payment of all outstanding debts arising from the business relationship with the purchaser. The purchaser has the power of disposal over the purchased goods in the regular course of business.
9.2 The reservation of ownership also applies to the full value of any products created by processing, mixing or combining our goods, in which case we qualify as the manufacturer. If the reservation of ownership of third parties continues after processing, mixing or combining of our goods with those of these third parties, we will acquire joint ownership proportionally to the legal values of these processed goods.
9.3 The purchaser shall notify us immediately if third parties have access or any claims to goods owned by us.
9.4 Our reservation of ownership does not signify cancellation of the contract.
9.5 Until full payment of our demands, the goods supplied and any receivables from them may neither be pledged to third parties nor provided as securities or assigned.

 

10. Legally binding declarations
Both parties can make legally binding declarations via e-mail in addition to using the conventional means of communication.

 

11. Place of performance and court of jurisdiction
The place of performance for the delivery is the place of dispatch of the goods and the place of performance for payment is Hanover. If the purchaser is a merchant entered as such in the commercial register, the court of jurisdiction is Hanover or, at our choice, his general court of jurisdiction.