General Terms and Conditions of Business (GTC)
Our offers are subject to confirmation. Contracts are valid only when we confirm in writing the acceptance of our offer or the customer's instruction.
Prices are valid ex works Frankenthal/Palatinate. Unless otherwise agreed, payment is due within 8 days with 2% discount or within 30 days net from the date of despatch of the goods.
If, after conclusion of the contract we receive information about the customer which makes us doubt his credit-worthiness, we shall be entitled to demand immediate payment in cash before the despatch of the goods, or collateral securities, or to withdraw from the contract.
If the customer fails to pay by the due date or does not provide the requested collateral securities, any further hitherto unpaid amounts due to us shall become due for payment and these shall include deferred arrears and outstanding payments for any unredeemed bill of exchange, which may have been accepted by us in payment. We shall be entitled, from the date when payment is due of the amounts, even where they have become due pursuant to the preceding provision, to charge interest annually in the amount of 8% above the base lending rate valid at that time.
The customer can only offset claims, when his claims are undisputed or have been decided in law. The time of delivery is fulfilled with loading and readiness for despatch ex Frankenthal/Palatinate. If the delivery time is exceeded by half, whereby an impossibility, which could not be represented by us, has not been taken into account, the customer shall be entitled to withdraw from the contract, provided that he has previously stipulated in writing a suitable extension of time for delivery. He shall have claims for damages only where the delay in performance or the impossibility of performance has been occasioned by us intentionally or with gross negligence. Claims for damages arising from positive infringements of the contract or default in the conclusion of the contract shall exist only where intentional conduct or gross negligence affects us.
Once goods have been loaded in Frankenthal/Palatinate any risk of loss or deterioration shall be transferred to the customer, even in the case where the costs of shipping are borne by us. The goods remain, even when they have been further processed, our property, while we have any outstanding claims on the customer. The customer is entitled until cancellation of the contract to resell goods belonging to us in due form in the course of business. This right is extinguished even without cancellation, if the customer discontinues payment or an application is filed for the opening of insolvency or settlement proceedings against his assets.
If goods belonging to us are resold or if our property should fail for any reason whatsoever, all the rights of the customer, to which he is entitled by reason of the resale or other loss of property, are assigned to us at the present moment, in advance.
Our goods conform to the Quality Conditions of the RAL-RG 432. Slight deviations in quantities, colour and shape of the goods remain reserved to us or may be natural. Length tolerances of 2% are permissible for fixed lengths.
Claims are admissible only against goods which are not resalable. Claims for obvious defects must be asserted in writing within 8 days of receipt of the goods. Where claims are justified we reserve the right to deliver replacement goods, whereby we shall bear the costs. If the replacement delivery is also defective, the customer shall be able to demand a reduction in price or annulment of the contract.
Claims for damaged goods may only be made on production of a certified bill of lading from the haulier.
If there exist the conditions for a jurisdiction agreement pursuant to §38 of the Code of Civil Procedure, the court of jurisdiction for all claims from the parties to the contract, and also for claims regarding bills of exchange and cheques shall be Frankenthal/ Palatinate.
These Business Terms and Conditions are also valid for day-to-day business relationships regarding the sale of our products, even where this has not been expressly agreed.
Prices are understood to be purely net per metre plus the Value Added Tax required by law.
The minimum purchase is always one truss per type of skirting board and pattern. Special packaging on request, for which a packaging supplement of 15,00 € per package is charged. No special packaging is available for veneered skirting boards.
Custom made products will be produced from a minimum, order quantity of 500 linear metres. In these a deviation in quantity of 10% is tolerated.
The deliveries will be made by haulier. For goods with a net value of 750,00 € per delivery location goods will be delivered carriage free. Below the carriage paid limit a carriage supplement of 6% of the net amount invoiced, which shall, however, be at least 35,00 €, will be charged. In all other cases delivery shall be ex works.
For orders for goods to the value of less than 200,00 € a processing charge of 20,00 € will be invoiced.
Despatch by parcel delivery service is generally ex works.
Incorrectly ordered goods will, if the customer wishes, be redeemed, with a deduction of 25%. Only undamaged stock type (this does not include custom products) and goods in complete packaged units (trusses) can be redeemed. Transport costs shall be borne by the customer.
All information in this product overview has been produced to the best of our knowledge and carefully checked, whereby errors remain reserved. Any changes in dimensions, appearance or technical features should always be implemented, in case of need, in terms of and for the benefit of our business partners or the consumer. The illustrated profile cross-sections are not drawn to scale.
These Terms and Conditions of Business are valid with effect from 1 October 2011.
Bürkle Leisten & Profile GmbH
Siemensstr. 30 • 67227 Frankenthal • www.buerkle-leisten.de
