General Terms and Conditions of Business
General Terms of Sale and Supply
Even if not expressly noted as such, all quotations are understood to be without obligation and subject to the ability to supply.
All orders are considered accepted on the basis of our sales conditions. We do not recognize purchasing conditions with different terms.
Supply deadlines are binding on us only to the extent that we have the ability to supply. There is no ability to supply in the event of force majeure. All cases of force majeure give us the right to withdraw wholly or in part from the obligations to supply entered into. In this case, claims for compensation are excluded. If supply is delayed, the purchaser has no claim for delayed delivery or non-fulfilment unless a separate agreement has been made elsewhere. Supply is made including packaging unless a separate agreement deviating from this has been made elsewhere. All goods are dispatched at the purchaser's risk. The choice of despatch route and type is ours. If the purchaser desires a special despatch route or a special despatch type, any additional freight costs and any other extra costs will be borne by the purchaser. If the order follows a sample or an analysis, its properties should not be considered assured. These represent only the average quality of the product.
The prices calculated by us are understood to be in Euros. In the case of agreed delivery lead times of over 4 weeks, the price applicable on delivery is considered agreed. Deviating agreements require express confirmation in writing.
Unless something different is expressly agreed in writing, the purchase price should be paid within 20 days of issue of the invoice in cash without any deduction. Setting-off against any counter-claims is excluded until these have been established in law. Bills of exchange will only be accepted in payment following our prior express agreement and then only if they are eligible for rediscounting by the German Federal Bank. In the event of even just one bill of exchange not being honoured, regardless of whether this has been given to us or to a third party, we are entitled to claim the whole of the outstanding debt immediately. Bills of exchange not yet due can also be presented at once and actioned. Non-compliance with our payment terms relieves us of any obligation to supply, but does not relieve the purchaser of his obligation to accept. Any other supplies will be made only against receipt of payment in cash without any deduction before the goods are dispatched. In the event of delayed payment, we are entitled to charge delayed payment interest of 8 % above the European Central Bank’s base rate from the due date without a special reminder.
Complaints regarding defects will be considered only if we have received them in writing within two weeks of the purchaser receiving the goods. Defective goods may only be returned with our consent. If there is evidence of damage which has arisen as a result of quality defects in the goods supplied, the maximum sum for the damage sustained and which has to be compensated is the purchase price due for the goods already processed. Any further claims are excluded.
VII. Reservation of title
We reserve the title of all goods supplied by us until the purchase price has been paid in full for all current and future supplies we perform. The purchaser cannot acquire any title to the goods by processing them into a new item. He may work for us. The processed goods, too, serve to secure our claim. All the purchaser’s claims from selling on the goods with reserved title are ceded to us. The purchaser is entitled to call in the claims from selling on. On request, we are to be informed of the debtors of the ceded claims. We are entitled to notify debtors of the cession. Our reservation of title is limited to the extent that with complete settlement of our claims from the business relationship, the title to the reserved goods passes to the purchaser with no further complication and the ceded claims are the property of the purchaser.
VIII. Place of fulfilment and place of jurisdiction
Place of fulfilment and place of jurisdiction for delivery and payment is in all cases Bückeburg. Grothe Rohstoffe GmbH & Co KG Kreuzbreite 16 31675 Bückeburg, Germany