General Terms and Conditions of Business (GTC)Version: 01. November 2013
Section 1 Scope and Parties to the Contract
(1) Contracts are concluded exclusively on the basis of the prevailing version of these General Terms and Conditions at the time of ordering online. Any deviating or contrary conditions shall not be recognised, unless we have explicitly agreed to these.
(2) Contracts shall come into existence between the Purchaser (hereinafter: Principal) and Bürkle Leisten & Profile GmbH, Siemensstraße 30, 67227 Frankenthal, Germany, commercial register B, no. 60125, CEO Mr. Martin Pedross (hereinafter: Agent).
(3) These Terms and Conditions only apply to companies, legal entities under public law or special funds under public law.
(4) The existing Terms and Conditions also apply to current business dealings
Section 2 Conclusion of the contract
Orders may be made via fax, email or by telephone.
The acceptance of the contract and the associated conclusion of the contract shall be performed by the Agent’s written order confirmation.
We can create individual offers that deviate from our product range on request. These offers must be in writing and shall be valid for 14 calendar days, unless otherwise agreed in writing.
Section 3 Delivery; shipping
(1) Unless otherwise agreed, the Agent shall deliver goods to the delivery address indicated by the Principal at the shipping costs outlined in Article 4.
(2) Delivery requires the timely and proper fulfilment of the Principal’s duties. We reserve the right to raise the defence of non-fulfilment of the Contract.
(3) In the event of a delay in acceptance or other culpable violations of cooperation duties on the Principal’s part, the Agent shall be entitled to compensation for the damage caused as a result of this, including any additional expenditure. We reserve the right to make further claims. In this case, the risk of accidental loss or accidental deterioration of the goods shall pass to the Principal at the time of the delay in acceptance or other violation of cooperation duties.
Section 4 Prices; shipping costs
(1) Orders shall be executed at the price valid on the day on which the order is received. All prices are quoted in Euros and relate to the linear metre per profile, plus statutory value-added tax. The costs for shipping are not included; these shall be borne by the Principal in accordance with the principle of the proportional cost sharing rule listed below. Any shipping costs incurred shall be quoted in the description of the goods and/or performance respectively and shall be identified by the Agent on the invoice.
(2) If customs duties or other additional costs are incurred, e.g. when shipping to countries outside of the EU, the Principal shall bear these costs.
value of the delivery lot in €
contribution to the transport costs
|Processing fee||Total of contribution to the transport costs and processing fee for delivering small volumes|
|950,00 € and more||-||-||-|
|800,00 € 949,00 €||25,00 €||-||25,00 €|
|600,00 € 799,00 €||45,00 €||-||45,00 €|
|201,00 € 599,00 €||65,00 €||10,00 €||75,00 €|
|200,00 € and less||85,00 €||20,00 €||105,00 €|
Section 5 Retention of title
The goods delivered shall remain the property of the Agent until payment has been made in full.
Section 6 Payment
(1) The purchase price, together with all the calculated surcharges, shall be due for payment 14 days net following invoicing, unless otherwise agreed in writing.
(2) Payment shall be made by bank transfer.
(3) The Agent shall be entitled, subject to the statutory reminder periods, to charge default interest of 8% above the base interest rate valid at that point in time.
Section 7 Rights of offsetting and rights of retention
The Principal shall only be entitled to execute offsetting, if its counterclaims are undisputed or have been determined without further legal recourse. The Principal is only entitled to assert rights of retention on the basis of counterclaims arising from the same contractual relationship.
Section 8 Complaints/guarantees
(1) If the service or the delivered goods are faulty, the statutory guarantee regulations shall apply subject to Section 9. However, the proper fulfilment of all the inspection and objection obligations in pursuance of Section 377 of the German Commercial Code (Handelsgesetzbuch) is required for any guarantee rights on the part of the Principal.
(2) Any apparent deficiencies must be notified in writing within a period of five days from the receipt of the goods. Otherwise, the possibility of asserting guarantee claims is excluded. Complaints are only permissible against goods that cannot be further processed.
(3) Insubstantial deviations in volumes, colour and form that may typically occur during the processing of natural materials due to their properties remain reserved for the Agent.
(4) In the event of justified objections, the Agent is entitled to a replacement delivery free of charge.
Section 9 Liability
(1) The Agent shall be liable
- for culpable injury to life, body or health and
- for damage that is caused through other deliberate or grossly negligent acts, even if the breach of duty is based on correspondingly culpable behaviour on the part of a legal representative or vicarious agent.
(2) The Agent shall also be liable
- in the event of the negligent breach of any material contractual duties, including on the part of legal representatives or vicarious agents. Material contractual obligations are obligations where their fulfilment enables the Contract to be duly implemented in the first place; where violation of these obligations is a risk to achieving the purpose of the Contract; and where the Principal must be able to rely on these obligations being observed. In this respect, liability shall be limited to the foreseeable damages that are typical for the contract depending on the type of product.
(3) The Agent shall finally be liable
- for fraudulently concealed defects and the guarantee assumed for the condition of the goods as well as
- in the event of claims arising from the German Product Liability Act (Produkthaftungsgesetz).
(4) The Agent’s liability shall otherwise be ruled out.
Section 10 Statute of limitations
(1) Any and all claims are subject to the statute of limitations.
Section 11 Commercial property rights/copyright
The Principal shall be exclusively liable, if the rights of third parties, in particular copyright, trademark rights or patent rights and similar are breached due to the execution of its order. The Principal shall release the Agent from all third party claims in such cases due to this type of legal breach.
Section 12 Data Protection
(1) The Agent shall collect, process and store all data disclosed by the Principal (title, name, address, date of birth, email address, telephone number, bank details, other company details) exclusively in pursuance of the provisions of the German Data Protection Act (Datenschutzrecht).
(2) The Principal’s personal data, which is necessary for the establishment, development or modification of the contractual relationship, shall be collected and used solely for the purpose of fulfilling contracts concluded with the Principal – for instance delivering goods to the address provided by the Principal – and may also be used for further customer care, provided the Principal does not object to this. In addition, the Principal’s personal data which is required to facilitate the use of, and billing for, the contractor’s offers shall be collected and used.
Section 13 Applicable law; jurisdiction; concluding provision
(1) The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on the International Sale of Goods. This shall not affect mandatory regulations of the state where the Principal is normally domiciled.
(2) If the Principal is a merchant, legal entity under public law or special fund under public law, the jurisdiction for any dispute shall be the Agent’s company headquarters in Frankenthal. The court at the Agent’s company headquarters shall also be competent, if the Principal is a consumer who moves his domicile or place of habitual residence abroad following the conclusion of the contract, or whose domicile or place of habitual residence is unknown at the time proceedings are commenced. Otherwise the statutory provisions shall apply.
(3) In the event of individual provisions of these General Terms and Conditions being invalid, this shall not affect the remainder of the contract.