General Terms of Sale, Delivery and Payment of Louis STEITZ SECURA GmbH + Co. KG (hereinafter referred to as the „seller“)
- Basis of the contract
The following General Terms of Sale and Delivery are accepted as part of the contract by the placement of an order and acceptance of delivery. Any amendment of the contract will be non-binding unless it has been confirmed by the seller’s executive board in writing.
The prices determined in the price list are net prices and apply plus legal VAT.
- Dispatch and shipping cost
- The buyer always bears the risk of shipping, even in case of freight-free delivery. Delivery and invoicing take place at the prices and on the terms applicable on the day of dispatch or collection. Every delivery executed by using the most cost-efficient way for the seller (cargo, mail piece or carrier). If the order value is in minimum 520.00 €, delivery is executed carriage free. If the order value is below 520.00 €, delivery is plus freight costs. Export deliveries are executed carriage free to the German border, customs duty unpaid. The seller reserves the right to fulfil the contract by means of partial deliveries.
- Delivery dates are non-binding. Delivery delays caused beyond the seller’s control and without the seller’s fault or negligence, like force majeure, operative disruptions, lack of material and so on, entitle the seller to withdraw from the contract in parts or in total.
- If the seller is exceeding the scheduled delivery date for more than 4 weeks, the buyer is entitled to set a grace period of at least 14 days in writing, mentioning that the buyer refuses acceptance of the goods after the expiry of such grace period.
- Notices of defect
1. The buyer is obliged to check the delivered goods immediately upon reception for quality and completeness by authorized persons.
2. A justified notice of defect can only be accepted if it is communicated in writing within the following periods and includes an accurate description of the faults and the complete information regarding the contract like invoice number, invoice date, client number and article number.
Periods for written complaints
– Completeness of delivery: immediately upon delivery
– Sorting: 2 working days
– Visible defects: 7 working days after receiving goods
Hidden faults which could not be detected even in a most thorough inspection must be notified within 7 calendar days from detection, including the proof of the respective conditions (effective date of detection). In all other cases, the delivery is deemed to be accepted.
- Payment terms
- The goods are invoiced with the date of dispatch. In case of early delivery, the agreed date of delivery is considered to be the invoice date. Apart from that, changing the value date is inadmissible.
- If the payment is received on an bank account of the seller within 14 calendar days from the invoice date, a cash discount of 2 % is granted. No cash discount is granted as long as earlier invoices have not yet been fully balanced. In case of delayed payment (31 days from the invoice date), default interest is charged at the amount of 5 % plus the base rate according to § 1 of the Discount-Rate Transition Law (Diskontsatz-Überleitungsgesetz).
If there is a delay for more than 30 days by the Buyer in transmitting an undisputed payment due or if there is a significant deterioration of the buyer’s economic situation, the seller is entitled to withdraw from the part of the contract that is not yet fulfilled, without the need of setting a grace period before. In such case, all outstanding money will be subject to immediate payment. Before any further delivery, the seller is entitled to require an appropriate bank guarantee from a German bank or advanced payment. A compensation by the buyer is only acceptable in case of undisputed or legally confirmed claims.
- Reservation of title
- The goods delivered by the seller remain the property of the seller until complete payment of the buyer’s entire open balance.
- The buyer is entitled to sell the paraphernal property according to standard business transaction. To secure the seller’s claim, the buyer transfers the claim arising out of selling the paraphernal property to the seller in advance.
- If the buyer enters into a delay of payment, the buyer must immediately indicate the third-party debitors to the seller for collection of outstanding claims and confirm the assignment of claims to them. The pledge or transfer of ownership of the seller’s goods is only admissible upon prior written approval. Any access to the paraphernal property or the assigned claims must be immediately indicated to the seller.
Warranty is only granted for a justified notice of defect that has been regularly notified. If a notice of defect has been accepted as justified by the seller, the seller can choose to either remedy deficiencies or to provide replacement free of charge. For products not produced by the seller, the warranty claims against the supplier are assigned to the buyer. Any goods that are damaged or have not been returned on time will not be accepted by the seller, but sent back freight not prepaid.
In the case of contractual or legal liability, the seller is only obliged to compensate for any damages regarding intent or negligence. Any further claim, especially a claim for damages of any kind, is excluded. The seller does not assume any liability for damages caused by improper handling and usage of its products.
- Force Majeure
Any delay or failure to perform on the part of a party shall not be deemed a breach of the contract to the extent due to unavoidable events, earthquakes, floods, storms, fires, explosions, power failures, embargoes, government restrictions, riots, terrorist attacks, wars or other military actions, civil unrest, strikes, rebellions, vandalism, sabotage or other causes beyond the party’s control (collectively referred to as “force majeure”). The affected party’s obligations shall be suspended to the extent affected by force majeure, provided that the affected party (a) promptly notifies the other party of the causes of the delay or failure to perform, (b) makes reasonable efforts to provide temporary bridging measures or alternatives.
As long as the force majeure condition persists, the time of performance shall be extended by the duration of the delay due to force majeure. The client’s payment obligations for the affected goods and services shall be suspended for the duration of force majeure.
- Place of fulfilment, place of jurisdiction, applicable law
The place of fulfilment for all goods and services within the contract is Kirchheimbolanden, Germany. The District Court of Rockenhausen, Germany or the County Court of Kaiserslautern, Germany is agreed as place of jurisdiction for all disputes from the contractual relationship. Only German law applies to all disputes resulting directly or indirectly from this contractual relationship.
- Severability clause
If any individual contractual provision is invalid, this does not affect the validity of the remaining provisions. Both contract parties are obliged to modify the invalid provision in such a way, that the economic effect is as close as possible to the original intention of the provision.
- Notice according to § 23 Federal Data Privacy Act (Bundesdatenschutzgesetz)
Personal data will be stored.