Terms of Service
KST Kraftwerks- und Spezialteile GmbH, Berlin & GLS Gleitlagerservice GmbH, Berlin
§ 1 Application of the Conditions
- Our deliveries, services and offers are made exclusively on the basis of these terms and conditions. These also apply to all future business relations, even if they are not expressly agreed again. At the latest with the acceptance of the goods or service, these conditions shall be deemed accepted. Contra-counter confirmations by the buyer with reference to his business or purchasing conditions are hereby contradicted.
- Deviations from these terms and conditions are only effective if we confirm them in writing.
§ 2 Offer and Conclusion of Contract
- Our offers are free and non-binding. Declarations of acceptance and all orders require the legal validity of the written or telegraphic confirmation from us. The same applies to supplements, modifications or subsidiary agreements.
- Drawings, illustrations, measurements, weights or other performance data are only binding if this is expressly agreed in writing.
§ 3 Prices
- Unless stated otherwise, we are bound to the prices contained in our offers 30 days from their date. The prices stated in the confirmation of order shall be decisive, plus the respective statutory value-added tax. Additional deliveries and services will be charged separately.
- Unless agreed otherwise, the prices are ex works (Berlin) including normal packaging.
§ 4 Delivery and performance time
- The dates and deadlines stated by us are non-binding, unless otherwise expressly agreed in writing.
- Delays in delivery and performance due to force majeure of events which make delivery substantially more difficult or impossible for us - this also includes subsequent material procurement difficulties, operating disruption, strike, lockout, personal shortage, lack of transport facilities, official orders, etc ., Even if they occur at suppliers of us or our subcontractors - we are not responsible for bindingly agreed deadlines and deadlines. We are then entitled to reduce the delivery or service by the duration of the hindrance plus an appropriate start-up time Or to withdraw from the contract in whole or in part because of the part not yet fulfilled.
- If the hindrance lasts longer than three months, the buyer is entitled after a reasonable postponement to withdraw from the contract with regard to the part not yet fulfilled.
- If we are responsible for non-compliance with deadlines and deadlines, or if we are in default, the buyer is entitled to a default payment of 1/2% for each completed week of delay, but not more than 5% Value of the goods and services affected by the delay. Any further claims are excluded, unless the delay is based on at least gross negligence on our part.
- We are entitled to partial deliveries and partial services at any time.
§ 5 Transfer of risk
The risk passes to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left the warehouse for dispatch. If the shipment is not possible by us without fault, the risk is transferred to the buyer with the declaration of readiness for dispatch.
§ 6 Warranty
- We ensure that the products are free of manufacturing and material defects; The warranty period is one year.
- The warranty period begins with the delivery date.
- The buyer must inform us in writing without delay, but at the latest within one week after receipt of the delivery item. Defects which can not be discovered during this period, even if carefully inspected, are to be reported to us immediately in writing after discovery.
- In the event of a notification by the purchaser that the products do not correspond to the warranty, we require that:
a) the defective part or device is sent to us for repair and subsequent return;
b) the buyer provides the defective part or device and a service technician is sent by us to the buyer in order to carry out the repair. If the purchaser requires warranty work to be carried out at a location determined by him, we can meet this requirement. Parts that fall under the warranty are not calculated, while working hours and travel expenses are paid by the buyer at our standard rates.
- If the rectification fails after a reasonable period, the buyer may, at his discretion, demand a reduction of the remuneration or cancellation of the contract.
- Liability for normal wear and tear is excluded.
- Warranty claims against us are only for the immediate buyer and are not assignable.
- The preceding paragraphs contain, finally, the warranty for the products and exclude other warranty claims of any kind. This does not apply to claims for damages on the basis of property guarantees which are intended to protect the buyer against the risk of defects.
§ 7 Reservation of title
- Until the fulfillment of all claims (including all balances receivable from current accounts) which are due to us from any legal ground against the buyer now or in the future, we shall be granted the following securities which will be released upon request at our discretion Their value exceeds the receivables sustainably by more than 20%.
- The goods remain our property. Processing or transformation are always carried out for us as manufacturer, but without obligation for us. If the (co-) property expires by us through connection, it is now already agreed that the (co-) property of the buyer will pass on to us on a proportionate basis (invoiced value). The buyer keeps the (co-) property free of charge. The goods to which we are entitled (co-) ownership are referred to in the following as reserved goods.
- The buyer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges or collateral assignments are inadmissible. The buyer is already fully liable to us for claims arising from the resale or any other legal basis (insurance, tort) with respect to the reserved goods (including all balances due from current account). We revocably authorize him to collect the claims assigned to us for his account in his own name. This authorization can only be revoked if the buyer does not properly fulfill his payment obligations.
- In the case of access by third parties to the reserved goods, the buyer shall be informed of the property of us and we shall be informed immediately.
- In case of breach of contract by the buyer - in particular default of payment - we are entitled to withdraw the reserved goods or, if necessary, to demand assignments of the buyer's claims against third parties. In the case of the withdrawal and attachment of the reserved goods by us, there is no rescission from the contract, insofar as the payment law does not apply.
§ 8 Payment
- Unless otherwise agreed, the invoices of the seller shall be payable without deduction 30 days after the invoice has been issued. In spite of the buyer's other provisions, we are entitled to charge payments against his older debts. If costs and interest have already been incurred, we are entitled to charge the payment initially on the costs, then on the interest and lastly on the main performance.
- A payment is deemed to have been made only if we have the amount available. In the case of checks, payment shall only be deemed to have taken place when the check is cleared.
- If the purchaser is in arrears, we are entitled to charge interest from the relevant date as of the interest rate calculated by the commercial banks for open overdraft credits plus statutory value-added tax.
- If the purchaser fails to meet his payment obligations, in particular does not pay a check or ceases his payments, or if other circumstances become known which call into question the creditworthiness of the buyer, we are entitled to pay the entire residual debt due , Even if we have accepted checks. In this case, we are also entitled to demand advance payments or security payments.
- The buyer is only entitled to offset, retain or reduce, even if claims of defect or counterclaims are asserted, if the counterclaims have been legally established or are undisputed.
§ 9 Secrecy
Unless expressly agreed otherwise in writing, the information submitted to us in connection with orders shall not be considered as confidential.
§ 10 Limitation of liability
Claims for damages arising out of impossibility of performance, from positive breach of claims, from negligence in the conclusion of the contract and from unauthorized action are excluded both against us and against our fulfillment and / or vicarious agents, insofar as not intentional or gross negligence.
§ 11 Applicable Law, Jurisdiction, Non-Partiality
- The law of the Federal Republic of Germany applies to this business condition and the entire legal relations between us and the buyer.
- As far as legally permissible, Berlin is the court of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
- Should a provision be or become invalid in these terms and conditions or a provision within the scope of other agreements, the validity of all other provisions or agreements shall remain unaffected