Wilhelm Taubert GmbH
SALES, DELIVERY, AND PAYMENT CONDITIONS
Last updeted on 01.01.2016
Our offers are subject to change. Orders as well as verbal agreements are only binding for us if and insofar as we confirm them in writing or on a form or comply with them by sending the goods and the invoice. Deviations from our terms and conditions of sale, in particular conditions of the buyer, shall only apply if they are confirmed by us in writing.
The confirmed offer price or the contract price shall be valid for the calculation of delivered machinery and equipment. For the calculation of papers, foils, and resins or other production materials, the dispatch weight and quantity and the prices valid on the day of dispatch are decisive. If these have increased compared to the time of entering into the contract, the buyer is entitled to withdraw from the order within 14 days after notification of the price increase; the right of withdrawal does not exist in the case of price increases based on an increase in shipping rates, as well as in the case of increases in value added tax.
If no deviating payment terms have been agreed, payment shall be due 30 days after the date of invoice. For payments made within 10 days of the invoice date, a 2% discount will be granted on the final invoice amount. We do not grant any discount for payment by bill of exchange. The date of payment received by us shall be decisive. A cash discount reduction on new invoices is inadmissible insofar as older invoices due are still unpaid. Payments are first used to cover costs, then interest, and with the surplus to balance the oldest debt items.
Provided we accept bills of exchange. discount and bank charges shall be paid by the buyer. We do not guarantee timely submission and notice of protest.
Our claims may only be settled or a right of retention may only be exercised if we have acknowledged the counterclaim or if there is a corresponding final court decision.
If doubts arise as to the customer’s ability to pay or if the payment deadline is exceeded, we are authorised to demand advance payment and to revoke payment deadlines granted. If the payment deadline is exceeded, we shall also be entitled to charge interest at the usual bank debit interest rate, but at least 5% above the base interest rate in accordance with § 1 DÜG of the invoice amount.
4. Delivery and acceptance
If the delivery schedule is exceeded, the buyer shall set a reasonable extension of time. Our liability for non-performance or delay in delivery is limited to the invoice value of the quantity of goods which we have not delivered or which we have defaulted in delivering.
If the goods are to be accepted gradually within a certain period of time, the acceptance shall be spread evenly over the entire period of time, unless expressly agreed otherwise.
Our obligation to deliver shall be suspended as long as the buyer is in delay with a due payment. A claim for subsequent delivery of such quantities with whose request or acceptance the buyer is in default for more than 14 days. demand or acceptance. The same applies to quantities which we have not delivered due to arrears in payment by the buyer. Our other rights are not affected by this.
Operational disruptions, missed delivery schedules, or delivery failures on the part of our suppliers, shortages of raw materials, energy or labour, strikes. Exclusions, disruptions in the procurement of means of transport, traffic disruptions, orders of higher authorities, and cases of force major shall release the party affected thereby from the obligation to deliver or accept for the duration of the event and to the extent of its effect. If the delivery is delayed by more than 1 month as a result of this, the buyer shall be entitled, and if the acceptance is delayed by more than 1 month, we shall be entitled, to withdraw from the contract with regard to the quantity affected by the disruption in delivery or acceptance. No other entitlements shall be granted.
The packaging expressly marked as loan packaging in the invoice or in the delivery note / consignment note must be returned to our production facility free of charge and freight charges immediately after use, but at the latest within a period of 3 months after the date of the invoice, in a usable condition. A credit note, the loan packaging charged to the buyer, will only be issued after proper return.
Disposable packaging may only be reused in business transactions after our company logo and name and our trademarks and designations have been made unrecognisable.
All shipments shall be transported at the buyer’s risk. The shipping procedure and shipping route will be chosen by us. We shall endeavour to take the purchaser’s wishes into account; any additional costs resulting from this shall be at the purchaser’s expense.
7. Transport insurance
Transport insurances of all kinds which go beyond the general insurance cover of the carriers shall only be undertaken by us at the express request of the buyer, charging the amounts expended by us for this.
We do not provide a warranty for the coatings produced with materials supplied by us – as far as legally permissible – since we have no influence on the proper use and the coating process. Any objections to the condition or the quantity must be raised stating the order data and the invoice and dispatch numbers. Apparent defects must be reported within 14 days after delivery of the goods, hidden defects immediately after their discovery, at the latest 6 months after delivery of the goods at the place of dispatch.
In the case of properly raised and justified notices of defects, the customer may demand subsequent performance from us in accordance with the statutory provisions. We are not obliged to bear the expenses resulting from the supplementary performance insofar as these are increased as a result of a change of location or other alterations to the goods which were made after the notification of defects was sent. In the event that the supplementary performance ultimately fails or is not carried out within a reasonable period of time, the customer shall be entitled, after setting a deadline, either to withdraw from the contract within a preclusive period of four weeks after expiry of the deadline or to reduce the purchase price in accordance with the statutory provisions. Rejected goods may only be returned with our consent.
Claims for defects by the buyer due to defects in the delivered goods or the breach of ancillary obligations are – insofar as legally permissible – excluded.
9. Information and advice
Information about processing and application possibilities of our products. Technical recommendations or advice and other information shall be given to the best of our knowledge, but without obligation and to the exclusion of any liability.
10. Retention of title
Ownership of the delivered goods shall be reserved as a guarantee for all claims to which we are entitled from the present and future business relationship until all balances have been settled in respect of the purchaser.
Our ownership extends to the new products created by processing the reserved goods. In the event of processing, combining, or mixing with items not belonging to us, we shall acquire co-ownership in accordance with §§ 947, 948 BGB. The buyer shall not have any claims against us arising from the processing of the goods subject to retention of title for us and their storage.
The buyer hereby assigns to us all claims arising from the sale of goods subject to retention of title from our current and future deliveries of goods to him, including bills of exchange and cheques, as security for the respective claims pursuant to para. 1. In the event of the sale of goods in which we have co-ownership in accordance with para. 2 sentence 2, the assignment shall be limited to the share of the claim corresponding to our co-ownership value. If goods subject to retention of title are sold together with other goods at a total price, the assignment shall be limited to the pro rata amount of our invoice (including value added tax) for the goods subject to retention of title that are also sold. In the event of processing within the scope of a contract for work and services, the claim for remuneration for work and services shall be assigned to us here and now in the amount of the pro rata amount of our invoice (including VAT) for the co-processed goods subject to retention of title.
As long as the buyer is willing and able to duly fulfil his obligations towards us, he may dispose of the goods owned by us in the ordinary course of business and collect the claims assigned to us himself. The customer may only transfer ownership by way of security, pledge or assign claims, including by means of the sale of receivables, with our prior written consent, insofar as these relate to our goods subject to retention of title; this also applies to export transactions. If it is apparent to us that the implementation of our claims is at risk, the buyer must inform us at our request of the stocks of goods subject to retention of title and enable us to repossess them; he must also inform his customers of the assignment and provide us with all necessary information and release documents. The repossession of goods subject to retention of title shall only constitute a withdrawal from the contract if we expressly declare this in writing.
Our retention of title shall not be affected by the return of bills of exchange sent to us for the purpose of self-discounting.
If the value of the securities exceeds the claims to be secured by more than 20 %, we shall, at the buyer’s request, release securities ourselves or procure their release at our discretion.
11. Trade mark
If such products are further processed, If such products are further processed, the trademarks may only be used for marking, describing, or otherwise in connection with the manufactured products with the special written consent of the trademark owner. This applies to all processing stages that a product is subjected to. Delivery made under a trademark shall not be deemed to constitute consent to the use of the trademark for the products manufactured.
Insofar as the use of trademarks is agreed, this presupposes compliance with the conditions laid down by the trademark holder, in particular its quality regulations.
12. Place of performance and jurisdiction
The place of performance for delivery is our respective place of delivery, for payment Wesel. If the buyer is a registered trader, the place of jurisdiction shall be Wesel, and for actions brought by the seller also the general place of jurisdiction of the buyer.
Wilhelm Taubert GmbH