General Terms and Conditions of Business and Contract (GTC)
1. scope of application and provider
(1) These General Terms and Conditions apply to all orders placed by customers with storemaster GmbH & Co.KG, Reihekamp 1 in 30890 Barsinghausen.
(2) The offer of goods is directed exclusively at customers who are to be regarded as entrepreneurs within the meaning of § 14 para. 1 BGB, i.e. who are acting in the exercise of their commercial or independent professional activity when concluding the contract.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall also apply to all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of the customer that contradict our General Terms and Conditions is hereby already objected to.
2 Prices and conclusion of contract
(1) Our offers are non-binding and subject to change. Only the content of our order acceptance shall apply to the fulfilment of the contract. Prices offered are valid for 3 months unless otherwise stated in the offer.
(2) The prices valid on the day of fulfilment (readiness for dispatch of the goods) shall apply for the calculation of our services if the agreed delivery time has been exceeded by more than 3 months through no fault of ours.
(3) Upon completion of the customer's order, the customer submits a binding purchase offer. Insofar as we subsequently send an automated confirmation of receipt, this does not yet constitute acceptance of the customer's purchase offer. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer.
(4) The prices stated are net prices. The statutory value added tax applicable at the time shall be added to this.
(5) All prices are exclusive of the respective shipping costs indicated.
(6) storemaster GmbH & Co.KG attaches great importance to fair business dealings. For this reason, we always grant all our customers with an order value of ≥ 5000€ the same quantity discounts. The quantity discount will be deducted during the order process and displayed transparently. Special offers and promotional prices are excluded from the quantity discount.
3. terms of payment and default
(1) General terms of payment for orders within Germany: We always deliver on account. Payments from within Germany are to be made at 100 % of the value of the goods without deduction within 7 days of the reported date of readiness for collection. Assembly costs within 5 days after completion of assembly without deduction. Any guarantee commission shall be borne by the customer. In the event of default in payment, financing and storage costs shall be charged in accordance with § 452 BGB (German Civil Code) at a rate of 15 % p.a. from the first day of default plus € 25.00 in processing costs per reminder.
(2) General terms of payment for orders outside Germany: We always deliver on account. Payments for orders from abroad or for deliveries abroad and those for custom-made products are to be made at 100 % of the value of the goods within 5 days after receipt of the order acceptance strictly net cash without deduction. Payment from abroad shall be made free of bank charges for us. Subsequent claims for bank charges and unjustified deductions will be made plus a processing fee of € 25.00. The goods remain our property until payment has been made in full, which includes the extended retention of title. We reserve the right to more restrictive terms of payment.
(3) If the customer does not meet his payment obligations on time or if it becomes apparent that his financial circumstances are no longer sufficient for any credit granted or deferment of payment, we shall be entitled to declare all outstanding claims due immediately or to demand the provision of security.
4. set-off and right of retention
(1) The customer shall only have a right of set-off if his counterclaim has been legally established or is not disputed by us.
(2) The customer may only assert a right of retention insofar as his counterclaim is based on the same contractual relationship.
(3) We may assert a right of retention against all future orders of the customer, including recognised orders, if the customer fails to meet its payment obligations.
Order execution, delivery, transport risk, delivery dates
(1) The technical design is carried out in compliance with the provisions and regulations according to German law, e.g. BGR guideline 234 and ProdSG (Product Safety Act), CE-compliant for electrical design or EC directives, the recommendations of competent institutions as well as the generally recognised rules of technology as they apply to technical work equipment, if necessary with the corresponding declaration of conformity for electrified products (electrical equipment according to EC directive 206/95/EC). No guarantee is given for the dimensional stability of the stored goods when using shelving systems supplied by us.
(2) Measurements carried out by us shall be deemed to have been commissioned by the customer, but shall be free of charge for the latter and non-binding for us, as shall be any of our consultations.
(3) Subcontractors may be used by us for the execution of the order without prior consultation with the Client, subject to change and at our discretion.
(4) The goods shall be dispatched in compliance with the agreed delivery time as far as possible, calculated from receipt of the approved execution drawings and countersigned order acceptance. If we have not received these again within 14 days of dispatch, they shall nevertheless be deemed to have been accepted by the customer and released for further processing. Costs for subsequent changes shall be borne by the customer.
(5) Unless otherwise agreed, the goods shall be delivered ex works (EXW incoterms® 2020). The right to collect the goods yourself must be exercised within 7 days. If the goods are not collected in due time, they will be shipped by a carrier of our choice at your expense. Transport risk at your risk, value of goods insured.
(6) Shipment free domicile: CIP Incoterms® 2020. With forwarding agent of our choice, transport risk at your risk, value of goods insured, transport costs at our expense, excluding unloading and transport of the parts to the place of use.
(7) Flat rate shipping fee for small quantities: The flat rate shipping fee is €250 for an order value <€5000 and applies exclusively to deliveries within Germany. Shipment shall be made in accordance with CIP Incoterms® 2020, with a forwarding agent of our choice, transport risk at your risk, value of goods insured, transport costs at our expense, excluding unloading and transport of the parts to the place of use.
(8) The risk shall pass to the customer when the goods are handed over to the forwarding agent, carrier or other third party appointed to carry out the shipment. The handover begins at the same time as the loading process. A delay in acceptance by the customer leads to the transfer of risk.
(9) Exceeding the delivery time shall not lead to obligations to pay damages. Contractual penalties shall not be recognised by us as a matter of principle. We shall be released from our performance insofar as we ourselves were not supplied on time by our suppliers within the scope of a matching covering transaction, unless we ourselves are responsible for the non-delivery. The customer shall be informed immediately of the lack of delivery.
(10) If the delivery time is exceeded by more than 3 months due to our fault, the obligation of acceptance expires for the client.
(11) We are entitled to make partial deliveries insofar as this is reasonable for the customer, taking into account the interests of both parties. Additional shipping costs shall be borne by the customer. The risk shall pass to the customer upon handover of the respective partial delivery.
(12) Shipment outside the European Union with movement certificate (movement certificate) EUR. 1: Delivery outside the EU with WVB EUR. 1 is exclusively ex works. For a goods value of more than € 6,000, the required WVB EUR. 1 is included. Shipment is made with a carrier of our choice, transport risk at your risk, value of goods insured, transport costs at your expense.
(13) Shipment outside the European Union with Registered Exporter Procedure (REX): For exports from the EU to countries with free trade agreements, for example CETA (Canada), EU-Japan-EPA or TCA (Trade and Cooperation Agreement with the United Kingdom) is ex-works only. Export accompanying documents included. Shipment is made with a carrier of our choice, transport risk at your risk, value of goods insured, transport costs at your expense.
6.assembly design and costs
(1) In accordance with our assembly conditions, also by subcontractors without engagement.
(2) Assembly costs are payable within 5 days after completion of assembly, strictly net cash without any deduction; in the event of a justified notice of defects submitted to us in writing, with deduction of an appropriate partial assembly cost amount; to be paid within 3 days after successful completion of the rectification work; rectification work in one and the same defect item is to be granted twice. Assembly management and invoicing subject to change, also by subcontractors. Hourly rate in proof or for additional work: € 80.00 + VAT.
7. retention of title
(1) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.
(2) The customer may resell the goods in the ordinary course of business. In this case, the customer already now assigns to us all claims in the amount of the invoice amount accruing to the customer from the resale. We accept the assignment. However, the customer remains authorised to collect the claims. Insofar as the customer does not properly fulfil his payment obligations, we reserve the right to collect claims ourselves.
(3) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(4) We undertake to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10 %. The selection of the securities to be released is incumbent on us.
8. warranty
(1) Unless expressly agreed otherwise, the customer's warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB) with the modifications specified in the following paragraphs.
(2) Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. Samples, material properties and structure of the products may deviate from the information in the online shop. Our information on the object of the delivery or service, including the illustrations, are only approximate descriptions, unless an exact match is required for the contractual purpose.
(3) You are obliged to examine the goods with due care for deviations in quality and quantity and to notify us of obvious defects immediately after receipt of the goods. Visual impairments caused by welding work and hot-dip galvanising, as well as the dimensional deviations customary in shelf construction, which leave the function and operational safety of the product unaffected, do not entitle the customer to rectification or replacement delivery. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the duty to inspect and give notice of defects.
(4) Claims for defects must be submitted to us in detail within 8 days after delivery of the goods (§446 and §434 para. 1 p.1 BGB) and do not entitle us to withhold payments. In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery (subsequent performance). In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, insofar as the transport does not correspond to the intended use of the goods.
(5) If the supplementary performance fails twice, the customer may, at his discretion, demand a reduction or withdraw from the contract.
(6) The warranty period is 2 years from delivery of the goods when operated properly. Warranty 10 years § 443 BGB with proper operation on all storemaster® - products. Damage caused by improper operation will result in the cancellation of any claims. All resulting costs, including those incurred by damage assessment, shall be borne by the operator.
(7) Should the delivery of used products be agreed between us and the customer in individual cases, this shall be done to the exclusion of any warranty.
9.Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
10. data protection
(1) The data you provide (e.g. hall layouts, photos, requirements lists, etc.) will be used and stored exclusively for the purpose of preparing the offer. They are subject to confidentiality and will not be passed on to third parties.
11. final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) German law is exclusively applicable to contracts between us and you.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and the customers shall be at our place of business.
