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Terms & Conditions
HARRY RIECK EDELSTAHL GmbH (valid from 15th July 2013)

§ 1 Area of Application
§ 2 Quotations
§ 3 Conclusion of Contract
§ 4 Prices
§ 5 Deviations from Delivery Quantities
§ 6 Payment Date for Purchase Price
§ 7 Time Limits
§ 8 Set-Off Prohibition
§ 9 Passing of Risk
§ 10 Warranty
§ 11 Reservation of Title
§ 12 Applicable Law, Court of Jurisdiction and Partial Nullity

 

§ 1 Area of Application
For the purposes of business relations between HARRY RIECK EDELSTAHL GmbH and the customer the following terms of business in the version applicable at the time of the order apply exclusively. Derogating terms of business trade of the customer will not be recognised by HARRY RIECK EDELSTAHL GmbH unless Rieck GmbH has agreed to such variations in writing.

These terms of business apply to all future transactions between the contracting parties.

§ 2 Quotations
Quotations are always subject to change without notice. Illustrations, descriptions and information on weights and dimensions are only approximate. Deviations require written confirmation of their validity.

§ 3 Conclusion of Contract
The contract of sale is concluded when the customer’s written order is confirmed in writing by HARRY RIECK EDELSTAHL GmbH. Verbal agreements or telephone agreements by Rieck GmbH are not binding unless confirmed in writing.

§ 4 Prices
All prices apply ex-warehouse or, if delivery is made ex supplying factory, ex supplying factory. Only the price agreed in the contract of sale is valid.

Should the price be increased by the previous supplier after the contract has been concluded, HARRY RIECK EDELSTAHL GmbH is entitled to increase accordingly the price agreed with the customer. The applicable price is the price that is effective on the date of delivery.

All additional costs such as packaging, customs duties, freight and transport costs, insurance premiums must be borne by the customer. In the case of purchases made in a foreign currency, the customer bears the foreign-exchange risks from the date of conclusion of the contract.

Packing material is non-returnable to HARRY RIECK EDELSTAHL GmbH. Consequently no credit will be given for returned packaging.

§ 5 Deviations from Delivery Quantities
HARRY RIECK EDELSTAHL GmbH is entitled to deliver up to 10% more or less of the amount of the goods ordered.

§ 6 Payment Date for Purchase Price
Payments are  immediatly due. Derogation from these terms must be confirmed in writing.

From the date payment is due, HARRY RIECK EDELSTAHL GmbH is entitled to charge the customer default interest. In the case of availment of a bank credit the effective rate of interest is that paid by HARRY RIECK EDELSTAHL GmbH. In all other cases, the statutory interest rate applies.

The date of payment of the purchase price is independent of collection, delivery or dispatch of the goods ordered.

Payment made by cheque is not effective until the amount has been credited to the account of HARRY RIECK EDELSTAHL GmbH. Payment by bill of exchange is only admissible on the basis of specific written agreements.

§ 7 Time Limits
A period for delivery agreed upon in a contract begins on the day the customer receives confirmation of the order. After the customer has been informed in good time that the goods are ready for dispatch, this period is deemed to have been adhered to even if dispatch should not be possible through no fault of HARRY RIECK EDELSTAHL GmbH.

HARRY RIECK EDELSTAHL GmbH is entitled to make part deliveries. These may be invoiced separately. The above conditions for payment and adherence to payment date apply accordingly.

Default in acceptance of the goods on the part of the customer interrupts the period for delivery.

Should HARRY RIECK EDELSTAHL GmbH be responsible for exceeding a period for delivery, the customer is entitled to withdraw from the contract, if the goods are not delivered or are not ready for dispatch within an appropriate additional period for delivery of at least 2 weeks set by the customer. Further claims for damages made by the customer are excluded.

§ 8 Set-OffProhibition
The customer is forbidden from setting-off counterclaims against the purchase price receivable of HARRY RIECK EDELSTAHL GmbH. The customer has no rights to refuse performance or rights of retention in relation to the claim for the purchase price of HARRY RIECK EDELSTAHL GmbH.

§ 9 Passing of Risk
The material risk for the object of purchase passes to the customer as soon as the goods leave the warehouse of HARRY RIECK EDELSTAHL GmbH or the supplying factory, regardless of the method of dispatch. This agreement on the passing of risk is also effective in the case of confiscation of the object of purchase.

If the goods are to be dispatched at the customer’s request or if the customer collects the goods in person, the material risk passes to the customer when the customer has been notified that the goods are ready for dispatch or collection.

§ 10 Warranty
The customer is obliged to notify HARRY RIECK EDELSTAHL GmbH of defects within 8 days after receipt of the goods. In the case of hidden defects, notification must be made in writing immediately such defects are discovered but at the latest within 3 months of receipt of the goods. If these conditions are not met, the customer has no warranty claims against HARRY RIECK EDELSTAHL GmbH. The same applies if the customer gives HARRY RIECK EDELSTAHL GmbH no opportunity to satisfy itself that the claims are genuine or if the customer does not immediately return the rejected goods at the request of HARRY RIECK EDELSTAHL GmbH.

HARRY RIECK EDELSTAHL GmbH accepts no responsibility that the delivered goods are suited to the purposes of the customer. Warranted qualities must be expressly documented as such in the written confirmation of the order. Claims for damages that occur in the course of handling or processing the goods delivered by HARRY RIECK EDELSTAHL GmbH are excluded.

In the case of justified notices of defects given by the customer, HARRY RIECK EDELSTAHL GmbH is, at its own discretion, entitled to supply substitute goods free of charge in exchange for the return of the defective goods or to assign its warranty claims against the suppliers to the customer. Further claims made by the customer are excluded.

The same applies to all potential consequential damage due to defects.

For damages suffered by the customer as a result of breach of contract, HARRY RIECK EDELSTAHL GmbH shall only be liable if there was intent or gross negligence on its part. Damages claims of customers who are not end-consumers are excluded if such claims are not asserted in a court of law within one month of written notification by HARRY RIECK EDELSTAHL GmbH of its rejection of such claims.

§ 11 Reservation of Title
Until all claims made now or in the future by HARRY RIECK EDELSTAHL GmbH against the customer on any legal grounds have been satisfied (including all demands for the payment of the balance of account from a current account) the following securities are granted to HARRY RIECK EDELSTAHL GmbH, which it shall release at its discretion on request, insofar as the value of the securities exceeds 20% of the claims for payment.

The goods shall remain the property of HARRY RIECK EDELSTAHL GmbH. Processing or reconstitution occur on behalf of HARRY RIECK EDELSTAHL GmbH as manufacturer but without incurring any obligation. If ownership of the goods by HARRY RIECK EDELSTAHL GmbH expires through combination, it is as of now agreed that the property of the customer in the uniform object passes to HARRY RIECK EDELSTAHL GmbH in the proportional value in accordance with the balance of claims outstanding. The customer shall store the property of HARRY RIECK EDELSTAHL GmbH safely free of charge. Goods to which HARRY RIECK EDELSTAHL GmbH holds title are denoted as “reserved-title goods” in the following.

The customer is entitled to process and to dispose of the reserved title goods in usual daily business as long as he does not default. The pledging of goods or transfer of goods by way of security is not admissible. Claims arising from resale or from another legal ground (insurance, tort) in relation to the reserved-title goods (including all demands for the payment of the balance of account from a current account) must be assigned by the customer in full by way of a security as of now to HARRY RIECK EDELSTAHL GmbH.
HARRY RIECK EDELSTAHL GmbH empowers the customer until further notice to collect payment of such assigned claims for its own account and risk in his own name. This collection authorisation may only be revoked if the customer fails to meet his payment obligations.

In case of third-party attachment of the reserved-title goods, the customer shall draw attention to the fact that the goods are the property of HARRY RIECK EDELSTAHL GmbH, whom the customer shall notify immediately of such attachment.

In case of breach of contract on the part of the customer - in particular default in payment - HARRY RIECK EDELSTAHL GmbH is entitled to take back the reserved goods or - if appropriate - to require the assignment of claims to surrender of the customer against third parties. Neither the taking-back nor the attachment of reserved-title goods by the seller constitutes withdrawal from the contract.

§ 12 Applicable Law, Court of Jurisdiction and Partial Nullity
These terms and conditions of business and all business relations between HARRY RIECK EDELSTAHL GmbH and the customer are subject to the laws of the Federal Republic of Germany. Insofar as the customer is a registered merchant for the purpose of the German Commercial Code (HGB), legal person under public law or public-law special fund, Düsseldorf is the exclusive court of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

Should any of these terms and conditions of business or a legal provision within the framework of other agreements be invalid, this shall not affect the validity of all other provisions or agreements.

Hilden, 15th July 2013