Terms & Conditions
General Terms and Conditions of Sale and Delivery Zwiesel Kristallglas AG
I. Conclusion of contract
- The following General Terms and Conditions of Delivery and Payment shall apply to all business transactions of the supplying plant, unless special agreements are expressly made. Any other terms and conditions of purchase of the Buyer contradicting or supplementing these Terms and Conditions of Sale shall be ineffective.
- In the case of companies with which the Seller does not have a regular business relationship, the Seller reserves the right to obtain information about the respective business partner before binding acceptance of the contract. After receipt of the order, the information shall be obtained by the Seller without delay. The Seller undertakes to notify the Buyer of the acceptance or rejection of the offer immediately after receipt of the information.
- All offers are subject to change. The order shall only be binding for the supplying plant after written confirmation of acceptance. The Seller undertakes to inform the Buyer without delay after receipt of the order whether the offer of contract is accepted or rejected. Business agreements made by telephone, fax, telegram or by representatives shall require written confirmation in order to be legally valid. The right of prior sale for offers from stock is reserved in all cases.
II. prices and packing costs
- Invoicing is carried out at the prices and conditions valid on the day of delivery.
- The cost of external packaging such as boxes, collicos, pallets, cartons and crates shall be borne by the consignee.
- Boxes and crates will be invoiced separately. Credit for boxes and crates will be given at 2/3 of the invoiced value if they are returned to the supplying plant within 4 weeks after receipt of the consignment in undamaged condition with full packing material, freight and carriage paid. Postal boxes and cartons will not be taken back.
III Delivery, Deadlines, Transfer of Risk
- The shipment of all goods shall be for the account and at the risk of the purchaser. In the absence of special agreements, packaging shall be at the discretion of the supplier. No liability shall be assumed in any case for breakage, damage or loss during transport. This also applies in the case of § 447 paragraph 2 BGB.
- Notifications of delivery times which are not expressly agreed shall not be deemed to be a contractual assurance. A fixed trade sale within the meaning of the HGB shall only exist if the delivery date has been expressly agreed by contract.
- In the absence of a special agreement on the admissibility of deviations, the order quantity shall only be deemed to be an approximate quantity. It shall be adhered to by the supplying plant as far as possible. Deviations upwards and downwards are only permissible up to a maximum of 20% if the order quantity is 1000 or less pieces of the same type, and up to 10% for larger quantities.
- If a narrower limitation or exclusion of over- or under-delivery is to be made, a special agreement shall be made on this already upon conclusion of the contract. Deviations in dimensions, contents, weights and color shades due to production are permitted within the limits of what is customary in the trade. Information on dimensions and weights of packages is provided by the supplier to the best of its knowledge.
IV. Tools and molds
- Tools and molds are the property of the supplying plant, even if the Buyer has assumed the acquisition costs in whole or in part.
V. Third Party Liability
- The Buyer shall be liable for ensuring that the order placed by him on the basis of his own specifications for shapes, colors, sizes and weights does not interfere with the industrial property rights of third parties, and for all damages, costs, etc. incurred in such cases as a result of any infringements of the rights of third parties.
VI. payment and settlement
- Invoices are payable in EUR within 30 days in cash without any deduction, regardless of the date of receipt of the goods.
- Checks, bills of exchange and acceptances are considered as cash payment at the time of cashing. If the payment deadline of 30 days is exceeded, 8% above the respective base interest rate of the Deutsche Bundesbank will be charged as interest on arrears from the 31st day onwards.
- Partial payments and advance payments made without agreement will always be offset against the oldest, unpaid invoice amounts.
- If the buyer defaults on payment or if a check issued by him cannot be cashed in our favor, we shall be entitled to take back the goods. In addition, we may prohibit the resale and revoke the collection authorization of buyer claims based on our extended reservation of title. In all other respects, offsetting shall take place in accordance with Section 367 (1) of the German Civil Code (BGB).
- The return of goods is not a withdrawal from the contract.
- Insofar as we subsequently become aware of circumstances from which a significant deterioration in the assets of the customer arises which is likely to jeopardize our claim to payment, we shall be entitled to declare our claims due with immediate effect.
- The aforementioned legal consequences in the event of default in payment may be averted by the customer by providing security in the amount of our endangered claim for payment.
- The statutory provisions on default of payment shall remain unaffected.
- The customer may only offset counterclaims that have been legally established or are undisputed. The customer may only assert a right of retention on the basis of counterclaims that are based on the same contractual relationship.
VII Retention of title
- All delivered goods shall remain our property (reserved goods) until all claims, in particular also the respective balance claims to which we are entitled within the scope of the business relationship, including interest and costs, have been satisfied. This shall also apply to future and conditional claims. The Buyer may only sell the reserved goods in the ordinary course of business under his normal terms and conditions and as long as he is not in default, provided that the claims arising from the resale are transferred to us. He shall not be entitled to dispose of the reserved goods in any other way.
- Until revoked, the purchaser is authorized to collect the claims arising from the resale.
- The claims of the purchaser from the resale of the goods subject to retention of title are already assigned to us now. They shall serve as security to the same extent as the reserved goods. If the reserved goods are sold by the purchaser together with other goods not sold by us, the claim from the resale shall be assigned to us in the ratio of the invoice value of the reserved goods to the invoice value of the other goods.
- At the supplier's request, the purchaser is obliged to inform his customers immediately of the assignment to us and to provide us with the information and documents required for collection.
- The buyer is in no case entitled to further assignment of the claims.
- The buyer must notify us immediately of any seizure or other interference by third parties.
- The direct debit authorization may be revoked at any time, in particular in the event of default in payment by the purchaser. If the value of the existing security exceeds the secured claims by more than 20% in total, we shall be obliged to release securities of our choice to this extent at the request of the purchaser.
VIII. Notice of defects and warranty
- The Purchaser shall inspect the goods immediately after delivery. If defects are found in the delivered goods or if the Purchaser discovers wrong delivery or quantity errors, the Purchaser shall notify the Contractor thereof in writing without undue delay. If the Purchaser fails to give such notice, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. An immediate notification in the sense of § 377 HGB (German Commercial Code) shall only be deemed to have been made if it is made within 14 days of receipt of the goods at the latest. Passing on the goods to third parties or shipment to a foreign country shall be deemed to be unconditional acceptance of the goods.
- The Purchaser acknowledges that in the production of glass products there may be minor tolerances or deviations with regard to size, weight, ovality, color or dimensions, in particular for items of the same series, due to technical and material reasons. These tolerances and deviations are customary in the industry, cannot be influenced by us and do not constitute a defect. Furthermore, in the course of the manufacturing process, production-related shortages or surpluses may occur in comparison to the agreed delivery quantity. These are also customary in the industry, whereby deviations in the delivery quantity of up to +/- 10 percent are permissible. The actual quantity delivered shall always be remunerated.
- First of all, the Supplier shall always be given the opportunity to remedy the defect within a reasonable period of time. In the event of failed subsequent performance, the Purchaser shall be entitled to withdraw from the contract or to reduce the remuneration. Claims for defects shall not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of damage arising after the transfer of risk as a result of incorrect or negligent handling or excessive stress.
- The Purchaser shall have no claim with respect to expenses incurred in the course of supplementary performance, including costs of travel, transport, labor, and material, to the extent that expenses are increased because the subject-matter of the Supplies has subsequently been brought to another location than the Purchaser's branch office.
- The Purchaser shall have statutory rights of recourse against the Supplier only to the extent that the Purchaser has not concluded any agreements with its customers exceeding the scope of the statutory provisions governing claims based on Defects.
- Further or other claims of the Purchaser against the Supplier and its vicarious agents based on Defects than those provided for in this Section shall be excluded. Section X. shall apply in addition.
- Any claims of the Purchaser against the Supplier due to a defect in the delivered item shall become statute-barred after 12 months.
IX. Rights of the supplying plant in case of default of payment by the customer
- If the Purchaser breaches obligations under the purchase contract, in particular if it is in default of payment of the purchase price, the Seller shall be entitled, after expiry of a reasonable grace period, to rescind the contract or to claim damages or reimbursement of expenses. This shall not apply if the debtor is not responsible for the breach of duty.
- A change in the burden of proof to the detriment of the Purchaser is not associated with the above provisions.
X. General limitation of liability and statute of limitations
- Claims for damages and reimbursement of expenses of the customer, irrespective of the legal basis, in particular due to breach of duties arising from the contractual obligation and from tort, are excluded.
- The exclusions and limitations of liability contained in these Terms and Conditions shall not apply in cases of strict liability, in particular under the Product Liability Act in cases of intent, gross negligence, injury to life, body or health and breach of fundamental contractual obligations.
- However, damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless caused by intent or gross negligence or based on liability for injury of life, body or health.
- A change in the burden of proof to the detriment of the purchaser is not associated with the above provisions. Liability for other and/or consequential damages, including loss of profit, is excluded.
- Insofar as the Purchaser is entitled to claims for damages, these shall become statute-barred after 12 months.
XI. Place of performance, place of jurisdiction, applicable law
- Zwiesel shall be the place of performance for deliveries. The place of jurisdiction is the AG Viechtach or the LG Deggendorf, provided that the customer is a registered trader within the meaning of the German Commercial Code.
- All legal relationships established by the purchase contract shall be governed exclusively by German law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
XII. Data protection
- All data collected in the course of the business relationship, including personal data, shall be processed and stored in an automated manner for the purpose of processing the order within the scope of the applicable data protection law.
- This includes the possibility that the personal data of the customer before the conclusion of the contract for the purpose of an examination of payment behavior and creditworthiness to credit, trade and credit agencies.
- Partner companies, as mentioned under XIII. 2, which cooperate with our company in connection with the conclusion and processing of their order, are also obliged to comply with the Data Protection Act (BDSG).
Commerzbank Passau, Kto.-Nr.6202626 (BLZ 740 400 82)
IBAN: DE43 7404 0082 0620 2626 00
Deutsche Bank Deggendorf, account no. 9820200 (sort code 750 700 13)
IBAN: DE26 7507 0013 0982 0200 00
HypoVereinsbank Deggendorf, account no.2412608 (sort code 741 200 71)
IBAN: DE20 7412 0071 0002 4126 08
Sparkasse Regen-Viechtach, account no. 209155 (sort code 741 514 50)
IBAN: DE78 7415 1450 0000 2091 55
Postbank Munich, account no. 458802 (sort code 700 100 80)
IBAN: DE65 7001 0080 0000 4588 02