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Terms and conditions

for Sale and Delivery

Ts&Cs of the Wolpert Group

General/scope

The following terms and conditions apply exclusively to all our services/deliveries. Any contradictory or supplementary conditions of our contracting partners or conditions that deviate from our terms and conditions are not recognised, including if we carry out the sale or the delivery in full knowledge of the contradictory, deviating or supplementary conditions, and their inclusion in the contract is hereby expressly contradicted unless their applicability is expressly agreed in writing.

The terms and conditions apply to all current and future business relationships.

The terms and conditions are not intended for use with consumers.

Offer/conclusion of the contract

Our offers are not binding. Our quotations are not binding. A contract only occurs on receipt of a written order confirmation by the customer. The customer is not entitled to withdraw, even if the receipt of the order confirmation is late or delayed.

We retain ownership of and copyright on all drawings, calculations and other documents. They may not be made accessible to third parties.

The scope of the deliveries and services is definitively determined in our order confirmation.

Orders and changes must be confirmed in writing by us.

Dimensions, weights, figures and drawings are only binding for implementation if this is expressly confirmed by us in writing. Advice from our employees in the office and in the field is provided to the best of our knowledge and belief and based on the highest level of technology and normal operating conditions.

Prices and payment conditions

The prices indicated by us are ex works not including packaging and shipping unless otherwise agreed in writing. Packaging costs and shipping costs are invoiced separately.

The prices indicated by us do not include VAT at the statutory level on the date of invoice.

The deduction of discounts requires a separate written agreement.

Unless otherwise agreed the purchase price is due on receipt of the invoice and payable within 14 days with no deductions.

Offsetting with counterclaims on the part of the customer is excluded unless the counterclaims have been legally established or recognised by us.

The claiming of a right of retention by the customer is only permissible to the extent that his counterclaim comes from the same contractual relationship.

Unless otherwise agreed in writing, the following payment terms apply for component construction jobs: 1/3 after confirmation of the order, 1/3 after the first parts are manufactured, 1/3 on completion.

If the customer defaults on a payment, we are entitled to charge interest totalling 8% above the base rate of the European Central Bank. The right to demonstrate that lower damages were caused by the delay is retained.

Changes to the tools, moulds or parts ordered from us based on the fact that the customer provides new information or desires for changes once the order has been placed are to be remunerated separately. These changes also extend our delivery time to an appropriate extent.

The provisions on the remuneration to be paid for this and the extension to the delivery time are generally in writing. If there is no written agreement for whatever reason, we are entitled to the remuneration customary for the location and the necessary extension to the delivery time.

Bills of exchange and cheques are only accepted on account of payment. The costs of discounting and collection are borne by the customer.

Delivery

Our delivery times are as a matter of principle only approximate and not binding. Agreements which deviate from this regarding a binding delivery time must be made individually, expressly and in writing. Any delivery deadlines agreed are deemed to have been complied with if the goods have been handed over to the transport company or other transport persons within this deadline.

A condition for the start of the delivery period agreed expressly and in writing in this way, however, is the clarification of all technical questions and the fulfilment of all obligations on the part of the customer properly and in good time. Any agreed delivery period does not start before receipt of the order confirmation by the customer.

Unpredicted events for which we are not responsible such as a lack of energy, delays to the delivery of key parts and components/materials, operational and traffic disruptions, strikes, lockouts and force majeure prolong the delivery to an appropriate degree.

No further claims or rights arise in this case.

If we are delayed with the delivery for reasons for which we are responsible and the customer has set an appropriate extension to the deadline, he may withdraw from the contract. Further claims can be determined in accordance with Clause VIII of these conditions.

Where and to the extent that we are obliged to pay compensation in accordance with this Clause, compensation will only be paid for specific, proven damage. The reimbursement of flat-rate damages such as the payment of a contractual penalty is also excluded.

Unless otherwise agreed, delivery is “ex works”. The risk transfers to the customer as soon as the items have left our factory. This also applies if we have taken on the further services such as freight-free shipping, delivery or the like. In the case of shipment, the risk of destruction of the items transfers to the customer on handover to the transporter. If the item remains in our facility, the risk transfers to the customer once full payment for the item has been received.

In the case of partial deliveries, withdrawal from the entire contract due to disruptions to the provision of just a part of the service is excluded.

The delivered items will only be insured at the express wish and at the expense of the customer.

If there are additional costs as a result of the customer providing incorrect or incomplete address information, the customer must bear these or reimburse us.

Moulds/tools

The tools and mould inserts manufactured can be stored at our facilities at the customer’s request for two years after the final delivery of these moulds and tools for any further use as part of subsequent jobs. We will inform the customer of the destruction of the tools and moulds stored at our facilities with a notice period of at least one month.

Warranty

The customer must examine the tools and parts immediately and also notify us of any defects immediately. Sections 377 and 378 of the Commercial Code apply. Unless otherwise stated in the above mentioned Sections 377 and 378 of the Commercial Code, the subject matter of the contract is deemed to be accepted two weeks after notification of readiness for acceptance.

Where there is a defect of the item delivered on transfer of risk, we are entitled to choose whether to provide the subsequent performance in the form of a repair or replacement. The customer is not entitled to remedy any defects himself in the case of a risk of delay or a particular requirement for urgency. If the customer carries out work of this kind nevertheless and makes attempts to remedy the defect himself, all warranty claims against us are excluded. VIII of these conditions applies for further claims

(in any case a condition for any further warranty claims against us if that we have been given an appropriate deadline for supplementary performance). All further claims arising from the warranty, particularly for the compensation for damages that did not arise on the contractual items, are determined in accordance with VIII of these conditions. Section 476 of the Civil Code does not apply.

Limitation period

The limitation period for all claims by the customer arising from the contract, in particular the claim to the warranty of defects and compensation is one year from delivery of the contractual item, or from acceptance of the contractual item if no delivery is made. This also applies to the infringement of property rights.

In deviation from this, the statutory limitation period applies for compensation claims arising from injury to life, limb or health, compensation claims for gross negligence or the intentional infringement of contractual obligations and for claims in accordance with the product liability act.

Limitation of liability

Liability is excluded for the infringement of non-material contractual obligations, in particular in the case of contract negotiations or due to a delay, unless there is gross negligence or intent on the part of us or our agents.

The above does not apply to claims by the customer arising from the Product Liability Act or to damage arising from injury to life, limb or health.

Reservation of title

We reserve ownership to the item delivered until all claims arising for any legal reason from the business relationship with the customer have been settled.

The customer is only entitled to sell the reserved goods in ordinary business transactions under normal business conditions and providing that he is not in arrears. He is only entitled to sell on the reserved goods if the claims from the sale transfer to us in accordance with the following clauses. He is not entitled to other dispositions over the reserved goods.

The customer assigns his claims from any sale of the reserved goods to us at this stage regardless of whether the reserved goods are sold to one or several customers.

The customer is entitled to collect the assigned claims from the sale up to the point that we revoke this, which we can do at any time. The customer is not entitled to assign the claim to a third party under any circumstances. We hereby accept assignment of the claim from the sale.

Unless we inform his customer ourselves, our customer is obliged to inform his customer of the assignment to us immediately and to provide us with evidence that he has done so and to send us the information and documents necessary for the collection of the assigned claims along with this information.

If the delivered item is inseparably mixed with other items that do not belong to us, we obtain joint ownership of the new items as a ratio of the value of the item delivered to the other items in the mixture at the point of mixing. If the mixture is carried out such that the customer’s items can be deemed to be the main items, it is agreed that the customer will transfer us proportional joint ownership. The customer shall maintain the sole ownership or joint ownership obtained in this way for us.

In the case of any actions on the part of the customer that are contrary to the contract, in particular any delay in payment, or we become aware of circumstances that may decrease the creditworthiness of the customer, we are entitled to forbid the sale of the reserved goods, to withdraw from the contract and to request the reserved goods back.

If third parties access the reserved goods, the customer shall inform them of our ownership and inform us immediately. If the customer infringes this provision and the third party is not able to reimburse us for the costs which arise, the customer is liable for these.

Place of performance/place of jurisdiction/governing law

The pace of performance for both parts of the contract is Bretzfeld-Schwabbach.

The place of jurisdiction is the district or regional court responsible for Bretzfeld-Schwabbach. However, we are entitled to bring claims against the customer at his headquarters.

The law of the Federal Republic of Germany is agreed in a binding manner with the acceptance of all conflict-of-law rules and the Agreement of the United Nations and the International Sale of Goods (UN Sales Convention).

If individual provisions here are or become legally invalid in whole or in part or are incomplete, this does not affect the validity of the contract or the remaining provisions.

 

Kontakt z GRUPĄ WOLPERT!

CHĘTNIE POMOŻEMY

 

Dojazd

WOLPERT GRUPPE
Schmalbachstr. 24 - 28
D-74626 Bretzfeld-Schwabbach
Dojazd

Skontaktuj się z Nami!

Tel: +49 (0) 79 46 / 91 15 - 0
Fax: +49 (0) 79 46 / 91 15 - 810
E-Mail: info(at)wolpert-gruppe.de

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