Business Conditions

General terms of business

1. General

 
The terms set out below in conjunction with our confirmations of order shall apply exclusively to all contracts and deliveries, including future ones. Contradictory terms of purchasing issued by the customer shall not place us under any obligation, even if we do not expressly reject them. The customer declares his agreement with these terms at the latest when he accepts the supplied goods. Oral side-agreements, assurances, amendments to the contract and to these terms shall require our written confirmation in order to be valid.

2. Quotations, prices and lead times

 
All quotations are non-binding.
All prices are to be understood exclusive of packaging, ex-works in Günzburg and exclusive of statutory value-added tax. Our list prices valid on the date of delivery shall apply to orders where no price agreement has been made in advance. Intermediate size dimensions shall result in higher prices.
Our packaging is made of a single material and is billed at the cheapest possible rate. We will not accept any packaging which is returned at a cost to us. Waste disposal costs incurred outside our company shall not be accepted. If the order expressly states that no packaging should be used, damage in transit shall not entitle the customer to lodge a complaint. Goods shall be delivered on the account of and at the risk of the consignee. Lead time details are non-binding.

Awkward items (for example bespoke products, scaffolds, scaffold towers, etc.) will be delivered in modules to make them easier to transport.

Forces majeures as well as strikes, lock-outs, operational problems, late deliveries by suppliers or other unforeseeable circumstances shall result in the lead time being extended by a reasonable period. If we are in default with a delivery the customer may withdraw from the unfulfilled part of the contract after the additional deadline has elapsed. The customer may not reject part deliveries which have been completed up to that point. Further rights, in particular claims for compensation shall be excluded if this is legally possible.

3. Reservation of title

 
All supplied goods shall remain our property until all claims from our business relationship have been satisfied. They may only be resold in the course of normal business transactions. If the customer disposes of unpaid goods, he shall assign his claim for the purchase price from the resale to us up to the amount of our claims. He undertakes to disclose the name of the purchaser to us and to maintain our reservation of title against the purchaser by means of a deadline extension.

If the unpaid goods are installed or fitted or integrated into a building so that they become an essential part of that building, the customer must notify us of this a reasonable period beforehand. He hereby assigns the claims resulting from this to us.

Disposals of unpaid goods which do not result in a transfer of the claims shall only be permissible with our written consent.

4. Defects on the goods

 
The goods are to be inspected without delay for defects and a complaint is to be made about any such defects straight away. §§ 377 ff of the German Commercial Code shall also apply.

5. Assurance of properties

 
Our illustrations are non-binding. We reserve the right to make design changes. Dimension, weight, quantity and quality details are all approximate and are also non-binding. Precise details will be supplied in writing on request.

6. Terms of payment

 
Payments are to be made on a strictly net basis 30 days after the date of the invoice. If payments are made within 14 days of the invoice date we shall grant a discount of 2%. Invoice totals of less than EUR 25.00 shall be payable on a strictly net basis. Bills of exchange shall not be accepted as payment. If the customer is in default with payment, interest at the current base rate of our company bank for current account loans shall be charged.

7. Place of fulfillment and place of jurisdiction

 
The place of fulfillment for all liabilities resulting from the contract shall be Günzburg. The place of jurisdiction for all disputes arising from the contract shall be agreed as Günzburg as long as the customer is a business.
In addition to the provisions of the contract, the laws of the Federal Republic of Germany shall be exclusively applicable. This shall also apply to contracts which involve overseas transactions.

8. Warranty, replacement of the goods

 
Information to the effect that our products comply with accident prevention regulations, standards and the like is provided to the best of our knowledge and belief, but is non-binding. Additional terms must be agreed for different designs. We offer a warranty for the perfect design and workmanship of our goods. The warranty and warranty conditions of the manufacturer shall apply to all parts that we have not manufactured. We may only be held liable on the basis of statutory liability regulations.

If we are liable we undertake to refinish the goods within a period that is reasonable for both parties in the event that defects come to light during the warranty period. If it is not reasonable to expect the purchaser or vendor to refinish the goods, the purchaser shall be entitled to demand replacement goods. Instead we may also credit the customer with the reduced value in suitable cases. Other claims on the part of the customer, in particular claims for compensation shall be excluded if this is legally possible.
The warranty shall cover all material, workmanship and design flaws if we find that we are responsible for them.

The warranty shall not cover natural wear and tear, damage caused by incorrect assembly and/or treatment or modification of the goods.
All other claims, including those for consequential damage, shall be excluded.
If we agree to the replacement or return of the goods demanded by the customer, the customer must pay all the costs incurred as a result of this. The returned goods must be in as-new condition and suitable for sale. The replacement or return of bespoke goods or goods with non-standard dimensions (for example shelving ladders) shall be excluded.

9. Severability

 
If a provision in these general terms of business should be or become legally invalid, this shall not affect the validity of the general terms of business as a whole.