1.1 All deliveries and services are subject to these terms and conditions as well as any separate contractual agreements. Exclusively our terms of delivery and payment apply, to which our purchaser agrees upon placing an order, and this also applies to future transactions, even if they are not expressly referred to, but have been received by the purchaser with an order confirmed by us.<\/p>\n\n
1.2 If the order is placed deviating from our terms of delivery and payment, only our terms of delivery and payment shall apply, even if we do not object. Deviations are therefore only valid if they have been expressly acknowledged by us in writing.<\/p>\n\n
1.3 A contract is concluded \u2013 in the absence of a special agreement \u2013 with our written order confirmation. We reserve proprietary and copyright rights to samples, cost estimates, drawings and similar information and documents of a physical and non-physical nature \u2013 also in electronic form; they may not be made accessible to third parties.<\/p>\n\n
2.1 Unless otherwise agreed, prices are ex works, including loading at the factory, but excluding packaging and unloading. Value added tax at the respective statutory rate will be added to the prices.<\/p>\n\n
2.2 All payments are due within 8 days from the invoice date without deduction. In the event of default in payment by the client, we are entitled to assign claims arising from our business relationships. If the buyer is in default with any payment obligations towards us, all existing claims become due immediately.<\/p>\n\n
2.3 Any set-off by the buyer against counterclaims is excluded, unless the counterclaims are undisputed or have been legally established. The assertion of a right of retention by the buyer is excluded, unless it is based on the same contractual relationship or the counterclaims are undisputed or have been legally established.<\/p>\n\n
3.1 The delivery time results from the agreements between the contracting parties. Compliance with it by the supplier requires that all commercial and technical questions between the contracting parties have been clarified and that the purchaser has fulfilled all his obligations. If this is not the case, the delivery time will be extended appropriately. This does not apply if the supplier is responsible for the delay.<\/p>\n\n
3.2 Compliance with the delivery period is subject to correct and timely self-delivery. The supplier will notify of impending delays as soon as possible.<\/p>\n\n
3.3 The delivery period is met if the delivery item has left the supplier’s factory by its expiry or readiness for dispatch has been notified. If acceptance is required, the acceptance date is decisive, or, alternatively, the notification of readiness for acceptance, except in the case of justified refusal of acceptance.<\/p>\n\n
3.4 If dispatch or acceptance of the delivery item is delayed for reasons for which the purchaser is responsible, the costs incurred by the delay will be charged to him, starting one month after notification of readiness for dispatch or acceptance.<\/p>\n\n
3.5 If non-compliance with the delivery time is due to force majeure, industrial disputes or other events beyond the supplier’s control, the delivery time will be extended appropriately. The supplier will notify the purchaser of the beginning and end of such circumstances as soon as possible.<\/p>\n\n
3.6 The purchaser may withdraw from the contract without setting a deadline if the entire performance becomes definitively impossible for the supplier before the transfer of risk. The purchaser may also withdraw from the contract if, in the case of an order, the execution of part of the delivery becomes impossible and he has a legitimate interest in refusing the partial delivery. If this is not the case, the purchaser must pay the contract price attributable to the partial delivery. The same applies in the event of the supplier’s inability to perform. If the impossibility or inability occurs during default of acceptance or if the purchaser is solely or predominantly responsible for these circumstances, he remains obliged to provide consideration.<\/p>\n\n
3.7 If the purchaser \u2013 taking into account the statutory exceptions \u2013 sets the supplier a reasonable deadline for performance after the due date and the deadline is not met, the purchaser is entitled to withdraw within the framework of the statutory provisions.<\/p>\n\n
4.1 The risk passes to the purchaser when the delivery item has left the factory, even if partial deliveries are made or the supplier has undertaken other services, e.g. shipping costs or delivery and installation. If acceptance is required, this is decisive for the transfer of risk. It must be carried out on the acceptance date, or, alternatively, after notification by the supplier of readiness for acceptance.<\/p>\n\n
4.2 The purchaser may not refuse acceptance if there is an insignificant defect.<\/p>\n\n
4.3 If dispatch or acceptance is delayed or fails due to circumstances not attributable to the supplier, the risk passes to the purchaser from the day of notification of readiness for dispatch or acceptance. The supplier undertakes to take out the insurance policies requested by the purchaser at the purchaser’s expense.<\/p>\n\n
4.4 Partial deliveries are permissible insofar as they are reasonable for the purchaser.<\/p>\n\n
5.1 The goods remain the property of the seller until all claims (including all balance claims from current accounts) to which the seller is now or will be entitled against the buyer for any legal reason have been fulfilled. Processing or transformation is always carried out for the seller as manufacturer, but without obligation for him. If the seller’s ownership expires due to combination, it is already agreed that the buyer’s ownership of the unified item passes to the seller proportionally to value. The buyer stores the seller’s property free of charge. Goods to which the seller is entitled to ownership are hereinafter referred to as reserved goods.<\/p>\n\n
5.2 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. Pledging or security assignments are inadmissible. The buyer hereby assigns to the seller by way of security all claims arising from the resale or any other legal reason regarding the reserved goods. The seller revocably authorises him to collect the claims assigned to the seller in his own name for the seller’s account. This collection authorisation can only be revoked if the buyer does not properly fulfil his payment obligations.<\/p>\n\n
5.3 In the event of third-party access to the reserved goods, in particular seizures, the buyer will point out the seller’s ownership and notify the seller immediately so that the seller can enforce his ownership rights. Insofar as the third party is not able to reimburse the seller for the judicial or extrajudicial costs incurred in this context, the buyer is liable for these.<\/p>\n\n
5.4 In the event of breach of contract by the buyer, in particular default in payment, the seller is entitled to withdraw from the contract and demand the return of the reserved goods.<\/p>\n\n
5.5 Withdrawal from the contract is not necessary to assert the rights arising from retention of title.<\/p>\n\n
6.1 All parts that prove to be defective as a result of a circumstance existing before the transfer of risk shall be repaired free of charge or replaced with defect-free parts at the supplier’s discretion. Notification of such defects must be given to the supplier immediately in writing. Replaced parts become the property of the supplier.<\/p>\n\n
6.2 The purchaser must, after consultation with the supplier, grant the necessary time and opportunity for all repairs and replacement deliveries deemed necessary by the supplier; otherwise, the supplier is released from liability for the resulting consequences. Only in urgent cases of danger to operational safety or to avert disproportionately large damages, whereby the supplier must be notified immediately, does the purchaser have the right to remedy the defect himself or have it remedied by third parties and to demand reimbursement of the necessary expenses from the supplier.<\/p>\n\n
6.3 Of the direct costs arising from the repair or replacement delivery, the supplier bears \u2013 insofar as the complaint proves to be justified \u2013 the costs of the replacement part including dispatch, as well as the costs of removal and installation and the costs for the provision of the necessary fitters, provided that this does not result in a disproportionate burden on the supplier.<\/p>\n\n
6.4 The purchaser has a right to withdraw from the contract within the framework of the statutory provisions if the supplier \u2013 taking into account the statutory exceptions \u2013 allows a reasonable deadline set for him for repair or replacement delivery due to a material defect to expire fruitlessly. If there is only an insignificant defect, the purchaser is only entitled to a reduction of the contract price. The right to reduce the contract price is otherwise excluded.<\/p>\n\n
6.5 No warranty is assumed in particular in the following cases:<\/p>\n\n
– Unsuitable or improper use or commissioning by the purchaser or third parties
6.6 If the purchaser or a third party carries out improper repairs, the supplier is not liable for the resulting consequences. The same applies to changes made to the delivery item without the supplier’s prior consent.<\/p>\n\n
7.1 If the delivery item cannot be used by the purchaser in accordance with the contract due to the supplier’s fault as a result of omitted or faulty execution of suggestions and advice given before or after conclusion of the contract or due to the breach of other contractual ancillary obligations \u2013 in particular instructions for operation and maintenance of the delivery item \u2013 the provisions of sections 6 and 6.2 apply accordingly, to the exclusion of further claims by the purchaser.<\/p>\n\n
7.2 For damages not incurred on the delivery item itself, the supplier is liable \u2013 for whatever legal reasons \u2013 only:<\/p>\n\n
a) in case of intent
7.3 In the event of culpable breach of essential contractual obligations, the supplier is also liable in cases of gross negligence by non-executive employees and in cases of slight negligence, in the latter case limited to the contract-typical, reasonably foreseeable damage. Further claims are excluded.<\/p>\n\n
8.1 All claims of the purchaser \u2013 for whatever legal reasons \u2013 become time-barred in 12 months. For claims for damages according to section 7.2 a\u2013e, the statutory periods apply.<\/p>\n\n
9.1 The contractual relationship is exclusively subject to German law, in particular the Civil Code and the Commercial Code. The place of jurisdiction is, at our discretion, the registered office of Spanntec Wickelsysteme GmbH.<\/p>\n","protected":false},"excerpt":{"rendered":"
General Terms and Conditions of Spanntec Wickelsysteme GmbH 1. General Provisions 1.1 All deliveries and services are subject to these terms and conditions as well as any separate contractual agreements. Exclusively our terms of delivery and payment apply, to which our purchaser agrees upon placing an order, and this also applies to future transactions, even […]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"templates\/default-page.php","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-3857","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\n