Gene­ral Terms and Condi­tions

As of: 26.01.2012

1. Appli­ca­tion

Our Gene­ral Terms and Condi­tions are a compo­nent of the contract and apply to all, thus also future, deals, deli­ve­ries and servi­ces of the Gieß- Tech­nis­che-Sonder­ke­ra­mik GmbH & Co. KG (in the follo­wing named GTS) with the custo­mer. They will be accep­ted by the custo­mer to their full extent in the version valid at the time of the busi­ness transac­tion. Regu­la­tions devia­ting from these condi­tions, espe­cially also busi­ness condi­tions of the custo­mer, are here­with contra­dic­ted. We point out that it is possi­ble to accept the GTCs in the inter­net under

OThe company address is:

Gieß- Tech­nis­che- Sonder­ke­ra­mik GmbH & Co. KG
CEO: Andreas Müller
Koppersstr. 29
40549 Düssel­dorf

2. Offers and contract conclu­sion

2.1 All offers are always free of obli­ga­tion and non-binding up to our order confir­ma­tion in writing.

2.2 Colla­te­ral agree­ments are only valid if they are confir­med in writing.

2.3 GTS expressly reser­ves the right to price chan­ges, tech­ni­cal chan­ges, mista­kes, prin­ting errors or inter­me­diate sale.

3. Prices

The prices are in Euros plus legal VAT without early payment discount and other deduc­tions. The prices at the time of orde­ring are valid. For deli­very into EU coun­tries, the present VAT tax rates of the Fede­ral Repu­blic of Germany are valid; with non-EU coun­tries, the order value will be shor­te­ned by this amount. The custo­mary import turno­ver tax is to be borne by the custo­mer. The prices given in the offers and order confir­ma­tions are non-obli­ga­tory; they are valid ex works and do not include packa­ging, trans­por­ta­tion, postage, guaran­teed value and VAT.

4. Payment condi­tions

4.1 Purchase price inclu­ding all costs is due from accoun­ting.

4.2 The payments are to be made gross without discounts or any other deduc­tions, as long as another mode of payment has not been expressly agreed in writing.

4.3 With delay of the custo­mer, GTS is entitled to assert default inter­est accor­ding to the law for the acce­le­ra­tion of due payments. Compen­sa­tion claims going beyond this remain unaf­fec­ted by this.

4.4 The custo­mer can only offset against the claims of GTS if the coun­ter­claim of the custo­mer is undis­pu­ted or there is a legally binding title.

5. Reser­va­tion of title

5.1 Each deli­very ensues under reser­va­tion of title; only with complete payment of the invoice does the title trans­fer to the custo­mer. Up to this time the goods must not be pled­ged, assig­ned by way of secu­rity or be encum­be­red with other rights.

5.2 The purcha­ser is bound to insure the reser­ved goods on his costs to our bene­fit suffi­ciently against fire and water dama­ges as well as theft and burglary. Any insu­rance claims arising in the event of damage have already been assig­ned to us. The assign­ment of claims is accep­ted.

6. Ship­ping char­ges

6.1 In addi­tion to the value of the goods, the ship­ping costs given at the comple­tion of the order are to be paid.

6.2 GTS expressly reser­ves the right, in case it is neces­sary and condi­tio­ned by the charac­ter of the order, to demand higher ship­ping char­ges in consul­ta­tion with the custo­mer.

6.3 With non-EU coun­tries, indi­vi­dual freight costs are calcu­la­ted of which the custo­mer will be infor­med follo­wing an order. After this he can either confirm the order or cancel it.

7. Order

The order of the custo­mer is binding; it is only consi­de­red accep­ted with our writ­ten order confir­ma­tion, invoice or the ship­ment of the goods to the purcha­ser.

8. Right of Revo­ca­tion

8.1 In orde­ring over the inter­net, the consu­mer (not the trade custo­mer) has the right to revoke the purchase contract without giving reasons within 14 days from recep­tion of the goods or to return the goods. For the obser­va­tion of this dead­line, it suffi­ces to send the revo­ca­tion off in good time. Then a reverse transac­tion of the contract will ensue step by step.

8.2 If the goods were used and have signs of wear, the purchase can like­wise only be revo­ked within the legal dead­line of 14 days. We reserve the right to charge the consu­mer the decrease in value and value of the use of the goods.

8.3 If the revo­ca­tion concerns goods to a value of not more than 40 Euros, thus the purcha­ser has to bear the return costs unless the deli­ve­red goods do not corres­pond to the ones orde­red.

8.4 When dama­ged goods are retur­ned, we are entitled to assert compen­sa­tion claims.

8.5 If the commer­cial purcha­ser refu­ses to accept the goods or if he with­draws from the order, thus we reserve the right to assert 25% of the agreed purchase price as lump sum compen­sa­tion. With custom-made arti­cles or goods espe­cially orde­red for the custo­mer, a lump sum compen­sa­tion of 60% is seen as agreed on.

9. Notice of defects – warranty – Liabi­lity

9.1 Inso­far as nothing devia­ting is agreed on, the legal warranty period of 24 months is valid for not obvious defects. With obvious defects, the custo­mer has to report them two weeks after recep­tion of the goods in writing presen­ting the copy of the invoice, other­wise warranty claims for obvious defects are exclu­ded. The legal provi­sions of the commer­cial code apply to noti­ces of defects by merchants.

9.2 The custo­mer is bound to allow us to check the defec­tive goods. When a defec­tive object has been deli­ve­red, the custo­mer has the choice of a claim to subse­quent impro­ve­ment of the defec­tive object or repla­ce­ment deli­very. Only if a subse­quent impro­ve­ment or first repla­ce­ment deli­very fails, the custo­mer can assert his right to with­draw from the contract (rescis­sion) or redu­cing of the purchase price (reduc­tion). In the case of a subse­quent fulfil­ment, the custo­mer is howe­ver bound to return the defec­tive object as well as pay compen­sa­tion for the bene­fit of use.

9.3 There is no guaran­tee obli­ga­tion for dama­ges due to normal wear as well as inco­rrect hand­ling. We carry the risk in retur­ning goods rightly rejec­ted. We also pay when the goods are sent anew.

9.4 We are exclu­si­vely liable for dama­ges arising from the viola­tion of essen­tial contrac­tual main respon­si­bi­li­ties (cardi­nal duties). A further liabi­lity only arises from the product liabi­lity law, or due to inten­tio­nal or grossly negli­gent beha­viour by us or our vica­rious agents.

10. Limi­ta­tion of liabi­lity

10.1 The GTS guaran­tees that the contract products are not afflic­ted with defects, which also include the absence of warran­ted charac­te­ris­tics. The produc­tion of the contract products ensues with all neces­sary care. The contract parties are howe­ver aware of the fact that it is not possi­ble, accor­ding to the present state of the art, to exclude errors in the end-product under all appli­ca­tion condi­tions. Tech­ni­cal charac­te­ris­tics and descrip­tions in produc­tion infor­ma­tion alone do not present any assu­rance of certain featu­res, inso­far as they have no effects on quality and usabi­lity of the objects. There­fore, custo­mary devia­tions remain reser­ved. An assu­rance of charac­te­ris­tics is only given in the legal sense if the respec­tive infor­ma­tion was confir­med in writing by GTS. The liabi­lity of GTS is exclu­si­vely based on the agree­ments made in the previous section. This is not valid in case of gross fault or intent.

10.2 The liabi­lity limi­ta­tion applies to contrac­tual as well as non-contrac­tual claims.

10.3 All deli­ve­ries to commer­cial rese­llers are subject to the reser­va­tions of correct and timely self-deli­very. A deli­very period begins as soon as all order condi­tions were agreed on. It extends, regard­less of our rights with custo­mer delays, by the time which the custo­mer is in delay. Partial deli­ve­ries are basi­cally permit­ted and bind the buyer to accept, unless something else was expressly agreed on during the contract conclu­sion.

10.4 Delay in deli­very which occurs due to force majeure or due to events which make the deli­very essen­tially more diffi­cult or impos­si­ble – for exam­ple busi­ness disrup­tions, stri­kes, offi­cial orders, natu­ral catas­trophes, etc.- frees GTS from obser­ving certain agreed on deli­very periods.

10.5 The custo­mer can with­draw from the contract if we are in delay and have let an exten­sion of time of 4 weeks expire unused.

11. Data protec­tion

In hand­ling your perso­nal data, we observe all provi­sions of the data protec­tion law, and are entitled to process and store all data concer­ning the busi­ness rela­tions with the custo­mer obser­ving this law. Further­more, we are autho­ri­sed accor­ding to appli­ca­ble law to obtain details about credit­worthi­ness from mercan­tile and credit enquiry agen­cies.

12. Place of juris­dic­tion

The follo­wing place of juris­dic­tion agree­ment is only valid for the busi­ness transac­tions with merchants. If the custo­mer of GTS is a merchant in the sense of the law, the place of perfor­mance and the place of juris­dic­tion is Düssel­dorf. Regar­ding a consu­mer as custo­mer, the gene­ral place of juris­dic­tion follows the code of civil proce­dure. The contrac­tual rela­tionship is subject to German law.

13. Seve­ra­bi­lity clause

Should single provi­sions of these terms and condi­tions be or become totally or partially inva­lid, the vali­dity of the remai­ning provi­sions is not affec­ted. The contract parties are bound in this case to inter­pret and formu­late the provi­sions in such a way that the success stri­ven for with the void or legally inva­lid parts is attai­ned as far as possi­ble.