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 (below referred to as 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 purchase agreement is concluded when the customer receives a written order confirmation by Rieck GmbH. Verbal 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, Rieck 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.
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 Rieck GmbH. Consequently, no credit will be given for returned packaging.
§ 5 Deviations from Delivery Quantities
Rieck GmbH is entitled to deliver up to 10% more or less of the amount of the ordered goods.
§ 6 Payment Date for Purchase Price
Payments are immediately due. Derogation from these terms must be confirmed in writing.
From the date payment is due, Rieck GmbH is entitled to charge the customer default interest. In case of the usage of a bank credit the effective rate of interest is that paid by Rieck 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 Rieck GmbH. Payment by bill of exchange is only admissible based on specific written agreements.
§ 7 Time Limits
Once the customer has received the order confirmation, the contractually agreed delivery period begins. After the customer has been informed that the goods are ready for dispatch, the delivery period shall be deemed. Although the dispatch should not be possible through no fault of Rieck GmbH.
Rieck 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 of acceptance by the customer interrupts the period for delivery.
The customer is entitled to withdraw from the contract, if Rieck GmbH is responsible for a delay in delivery, and if the goods are not delivered or are not ready for dispatch within an appropriate additional period for delivery of at least 2 weeks.
Further claims for damages made by the customer are excluded.
§ 8 Set-OffProhibition
The customer is prohibited from setting-off counterclaims against the purchase price receivable of Rieck GmbH. The customer has no rights to refuse performance or rights of retention in relation to the claim for the purchase price of Rieck GmbH.
§ 9 Passing of Risk
The risk for the object of purchase passes to the customer as soon as the goods leave the warehouse of Rieck 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 the customer arranges a personal collection of the goods, the risk for the object passes to the customer when the customer has been notified that the goods are ready for dispatch or collection.
§ 10 Warranty
Notices of defects are valid only if they are submitted to Rieck GmbH within 8 days from receipt of the goods by the customer. In the case of hidden defects, written notification must be sent immediately after discovery, at the latest within 3 months after receipt of the goods. Otherwise any warranty by Rieck GmbH will expire. The warranty also will expire if the customer rejects an optical appraisal of the defect by Rieck GmbH or does not return the rejected goods immediately at the request of Rieck GmbH.
Rieck GmbH assumes no responsibility regarding the intended purpose of use of the delivered goods by 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 of the goods delivered by Rieck GmbH are excluded.
In case of justified notices of defects by the customer, Rieck GmbH is entitled to provide free replacement against return of the defective product or to assign its warranty claims against its 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, Rieck GmbH shall only be liable if there was intent or gross negligence on its part. Damage 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 Rieck GmbH of its rejection of such claims.
Rieck GmbH shall only be liable for damages incurred by the customer as a result of breach of contract in case of intent or gross negligence. Warranty claims of customers who are not end consumers are excluded if they have not been legally asserted within one month after receipt of the letter with which Rieck GmbH rejected the warranty claims.
§ 11 Reservation of Title
Until the fulfilment of all claims (including all balance claims from current accounts), which Rieck GmbH is entitled to against the customer now or in the future for any legal reason, Rieck GmbH shall be granted the following securities, which it shall release on request at its discretion, insofar as the value of the securities exceeds 20% of the claims for payment.
The goods remain the property of Rieck GmbH. Processing or reconstitution occur on behalf of Rieck GmbH as manufacturer but without incurring any obligation. If ownership of the goods by Rieck GmbH expires through combination, it is as of now agreed that the property of the customer in the uniform object passes to Rieck GmbH in the proportional value in accordance with the balance of claims outstanding. The customer shall store the property of Rieck GmbH safely free of charge. Goods to which Rieck GmbH holds title are denoted as “reserved goods” in the following.
The customer is entitled to process and to dispose of the reserved goods in usual daily business if he does not default. The pledging of goods or assignment as security are not permitted. Claims arising from resale or from another legal ground (insurance, tort) in relation to the reserved 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 to Rieck GmbH.
Rieck 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 to the reserved goods, the customer must point out that the goods are the property of Rieck GmbH and inform Rieck GmbH immediately.
In case of breach of contract on the part of the customer, in case of delay in payment, for example, Rieck GmbH is entitled to take back the reserved goods or to require the assignment of claims to surrender of the customer against third parties. The repossession or seizure of the reserved goods by the seller does not constitute a withdrawal from the contract.
§ 12 Applicable Law, Court of Jurisdiction and Partial Nullity
TThese terms and conditions of business and all business relations between Rieck 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