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General Terms and Conditions (GTC) of the Gieß-Technische-Sonderkeramik GmbH & Co. KG

Version: 26.01.2012
1.    Applicability
Our General Terms and Conditions (GTC) represent a component of the contract and shall apply to all, thus also to future, transactions, deliveries, and services between the Gieß-Technische-Sonderkeramik GmbH & Co. (GTS in the following) and the customer. They shall be accepted in the currently valid version by the customer in full at the time the transaction is completed. Terms deviating from these conditions, in particular Customer's Terms and Conditions, shall hereby be rejected. Reference is made to the opportunity of reviewing the GTC on the Internet at www.gts-keramik.de.

Our corporate address shall be:

Gieß-Technische-Sonderkeramik GmbH & Co. KG
Managing Director: Andreas Müller
Kopperstr. 29
40549 Düsseldorf

2.    Tenders and Contracts

2.1 All offers shall be subject to change and non-binding prior to our written confirmation.

2.2 Additional agreements shall be valid only when confirmed in writing.

2.3 GTS expressly reserves the rights to price changes, technical changes, errors, misprints, or interim sales.

3.    Prices

Prices are in EURO plus VAT excluding discounts and other rebates. Prices shall apply at the rate valid at the date of ordering. For delivery to EU countries, the current VAT rates of the Federal Republic of Germany shall apply; in non-EU countries, the invoice shall be reduced by this amount. The import turnover tax customary to the land shall be payable by Purchaser. Prices made in quotations and order confirmations shall be subject to change; they shall apply ex works and do not include packaging, freight, postage, insurance, and VAT.

4.    Terms of Payment

4.1 The purchase price including all costs shall be due on the date of invoicing.

4.2 Payments shall be made gross excluding discounts or other deductions, unless another mode of payment is expressly agreed in writing.

4.3 If the customer should be in default, GTS shall be entitled to charge default interest in accordance with the Act on the Acceleration of Payments. Claims for damages over and above shall remain unaffected.

4.4 Customer shall only offset against the claims of GTS if the counterclaim of Customer is undisputed or a valid title is present.

5.    Retention of title

5.1 Any delivery shall remain our property; only upon payment of the invoice in full shall ownership transfer to Customer. Up until this point in time, the goods may not be pledged, transferred by way of security, or encumbered with other rights.

5.2 The buyer is responsible for adequately insuring the reserved goods at our benefit and at his cost against fire and water damage and against theft and burglary. In the event of damage, resulting insurance claims are hereby assigned to us. The assignment shall be accepted.

6.    Shipping costs

6.1 In addition to the value of goods, shipping costs determined at the time of completion of the order shall be paid.

6.2 GTS expressly reserves the right, if necessary, and due to the nature of the contract to demand higher shipping costs in consultation with the customer.

6.3 For non-EU countries, individual freight costs shall be calculated which shall be communicated to the customer after the order has been completed. He then has the option of confirming or cancelling the order.

7.    Orders
Customer's order is binding; it shall be accepted only upon our written order confirmation, invoice, or delivery of the goods to the buyer.

8.    Right to withdraw

8.1 The consumer (not the commercial customer) has the right to revoke the contract or return goods ordered over the Internet without providing any reason within 14 days from receipt of goods. To comply with this period it shall be sufficient to send the cancellation in a timely fashion. Rescission of the contract shall be made step by step.

8.2 If the goods have already been used and show traces of use, the purchase may also be revoked only within the statutory period of 14 days. We reserve the right to charge the consumer the diminution in value and the value of the use of the goods.

8.3 Should the cancellation be subject to goods worth less than 40 EURO, buyer shall bear the cost of returning the goods unless the delivered goods do not correspond to those ordered.

8.4 When damaged goods are returned we shall be entitled to claim compensation.

8.5 Should the industrial buyer refuse acceptance of the goods, or withdraw from the contract, we reserve the right to charge 25% of the agreed purchase price as fixed compensation for damages. For custom goods or goods specially ordered by the customer, fixed compensation for damages in the amount of 60% shall apply.

9.    Notification of defects - Warranty - Liability

9.1 Unless otherwise agreed, the statutory warranty period of 24 months shall apply to non-obvious defects. Customer shall make notification of obvious defects in writing within two weeks after receipt of the goods with submission of a copy of the invoice; otherwise, warranty claims due to obvious defects shall be excluded. For notification of complaints by merchants, the legal provisions of the Commercial Code shall apply.

9.2 The customer is obliged to grant us review of the faulty goods. Upon delivery of a defective item customer shall have a claim for rectification of the defective goods or replacement at his discretion. Only following failure of repair or replacement delivery shall customer be allowed to exercise his right of withdrawing from the contract (rescission) or reduction of the purchase price (reduction). In the event of replacement, customer shall, however, be obliged to surrender the defective item and also to pay compensation for his benefit through use.

9.3 No obligation shall exist under the warranty for damage through normal wear and tear or through improper use. We shall bear the risk for justified complaint goods returned. The redelivery of the goods shall also be at our expense.

9.4 We shall be liable only for any damage caused through the breach of fundamental main contractual duties (cardinal duties). Any further liability arises only from the Product Liability Act or by intentional or grossly negligent conduct by us or our agents.

10.    Limitations of Liability

10.1 GTS ensures that contract products are free of defects, including the lack of assured properties. The manufacture of the contracted products shall be carried out with all due care. The contractual parties, however, are aware that with the present state of the art it is not possible to exclude errors of the final product for all conditions of use. Specifications and descriptions in product information alone do not warrant specific properties, provided they do not impact the quality and usability of the goods.  We therefore reserve the right to customary deviations. A guarantee of the properties within the legal meaning is only given when GTS has confirmed the respective information in writing. The liability of the company GTS is based solely on the provisions set forth in the sections above. This does not apply in cases of gross negligence or intent.

10.2 The limitation of liability relates to contractual and non-contractual claims.

10.3 All deliveries to commercial resellers are under reservation of a proper and timely delivery on the part of our suppliers. The delivery time shall start as soon as agreement has been reached on all the terms of the contract. It shall extend without prejudice to our rights in case of customer default to the time the customer is in default. Partial deliveries shall be principally admissible and oblige the buyer to accept the delivery, unless expressly agreed otherwise at the time the contract was entered.

10.4 Delay of delivery due to force majeure or due to events impeding or making impossible delivery - such as operational disturbances, strikes, governmental orders, natural disasters or the like - shall exempt the company GTS from complying with certain agreed delivery times.

10.5 Should we have failed to deliver and have allowed a grace period of 4 weeks to elapse, customer may withdraw from the contract.

11.    Privacy Policy

When handling your personal information, we adhere to all provisions of the Data Protection Act and are entitled to process and save all information relating to the customer business relationship in accordance with this Act. In addition, we are authorized by applicable law to obtain information on creditworthiness from trade and economic bureaus.

12.    Jurisdiction
Subsequent court agreement shall apply only to business transactions with merchants. If customers of GTS are merchants within the meaning of the Act, Düsseldorf shall be deemed the place of performance and jurisdiction. With respect to a consumer as customer, the general place of jurisdiction shall be as specified by the Code of Civil Procedure. The contract shall be subject to German law.

13.    Severability

Should individual provisions of these Terms and Conditions be or become ineffective, either in whole or in part, the effectiveness of the remaining provisions shall not be affected. In such case, the contracting parties shall be committed to interpret and create provisions in such a way that the intended purpose of the void or legally ineffective parts is met in as far as possible.