General Terms of Sale and Delivery for products and services
FShape Fassadentechnik GmbH I Nickelstrasse 6 I 33378 Rheda-Wiedenbrück
The present General Terms of Sale and Delivery (General Terms and Conditions) apply to all contracts. Any divergence from the present General Terms and Conditions requires the written consent of FShape Fassadentechnik GmbH. We reserve the right to amend the present General Terms and Conditions at any time upon provision of adequate notice. General Terms and Conditions of Purchase of the customer are hereby excluded.
All offers are without engagement and non-binding in respect of price, packaging unit, delivery quantity and delivery time. Insofar as nothing to the contrary has been agreed in writing, offers shall only be valid for a period of eight weeks following the date on which an offer is made. Prices are stated in euro from the point of dispatch.
Acceptance of order is subject to availability and takes place when goods are dispatched. Delivery dates or deadlines agreed on a binding or non-binding basis shall not be valid unless agreed in writing. Delivery deadlines commence at the time when the contract is concluded. In the case of delays to delivery (and subsequent delivery), we reserve the right to provide partial deliveries. The delivery time confirmed by us constitutes an expected delivery date and applies to delivery ex-warehouse to the delivery address stated by the customer. We undertake every appropriate endeavour to ensure timely delivery. A delay in delivery is not deemed to have occurred in the case of force majeure or other unforeseeable hindrances which exert a significant influence on production such as riots, major operational malfunctions, strikes and lockouts. Customers may only withdraw from the contract because of non-compliance with the delivery deadline if we have been set an appropriate subsequent deadline in writing. Non-compliance with the agreed delivery time does not entitle the customer to assert claims for compensation.
Insofar as the customer has not expressly stipulated a certain type and method of dispatch, selection of the type and method of dispatch shall be at our discretion. Goods will be insured at the request of the customer. Costs of packaging, dispatch and insurance shall be borne by the customer insofar as no agreement to the contrary has been made.
The guarantee period for all products and services sold by us is 24 months. Such a guarantee right exists only in respect of manufacturing errors. No guarantee right exists in respect of services, parts subject to wear and tear and consumables. In order to assert the guarantee rights stated, customers are required to submit evidence of the existence of a guarantee (invoice and delivery note) and to provide a precise description of the error. The guarantee right shall lapse in the event of works carried out in a non-professional way, improper installation, inadequate maintenance or failure to carry out maintenance.
6. Returns of products or services supplied by us are excluded. Complaints are the only exception to the above.
7. Complaints must be made in writing within three days of receipt and examination of goods. Complaints submitted at a later date cannot be considered. In the case of justified complaints (material defects, incorrect delivery etc.), we will pay the costs of returns. The customer shall exercise just and fair discretion in affording us the necessary time and opportunity to remedy complaints. In the event that we fail to comply with a subsequent deadline set for remedying a defect or delivering a replacement or if subsequent performance or replacements are not possible for us or refused by us, the customer shall have the right to choose to withdraw from the contract (cancellation) or to decrease the purchase price (reduction). Only goods which are unused, in perfect condition and in their original packaging will be taken back.
8. Conditions of payment
Insofar as nothing to the contrary has been agreed with us, invoices shall fall due for payment without deduction within 10 days of date of issue of invoice. Any divergent agreements are stated on the respective invoices. Prices applicable are the prices that were valid at the time when the order was placed. Value Added Tax is included on the invoice at the statutory rate applicable at the time when dispatch took place. All payment and remittance fees shall be borne by the costumer. In the event that a customer fails to meet payment obligations or is in default of payment or if we become aware of other circumstances that cast doubt upon the creditworthiness of the customer, we shall be entitled to make the whole of the remaining debt due for payment. Penalty interest in the amount of 5% per month will be charged in the case of default of payment. In the event of default of payment, we shall be entitled to cease supply to a customer. In the event that we send out a written reminder, a charge of €5 will be made from the second reminder onwards in order to cover our costs.
9. Retention of title
Goods supplied shall remain our property until such time as all claims arising have been paid in full, including all ancillary costs such as packaging and shipping costs. In the case of acceptance of bills of exchange and cheques, payment shall not be deemed to have been made until such time as these have been redeemed. The customer is required to exercise all due care in handling an object of purchase that is still subject to retention of title. In the event that goods subject to retention of title are mixed with or installed together with other goods, we shall acquire co-ownership in the value of such a new item created by the customer. In the event that the value of goods serving us as collateral and supplied subject to retention of title exceeds our total claims to be secured against the customer by more than 20 percent, we shall at the request of the customer be required to release pro tanto collateral. The customer shall in particular be obliged to take out sufficient insurance at the customer’s own expense and risk to cover goods to their replacement value against fire damage, water damage and theft. The customer shall be required to notify us of any change to a business address without delay.
10. Data protection
FShape Fassadentechnik GmbH is committed to compliance with the provisions set out in the German Data Protection Act and with all other statutory stipulations relating to data protection. Data collected is processed and used solely to the extent necessary for execution of the order and management of ensuing customer relations.
11. Place of jurisdiction
Place of fulfilment and exclusive place of jurisdiction for all deliveries and payments (including actions relating to bills of exchange or cheques) and for all disputes arising between the parties is, insofar as legally permissible, the place of the Registered Office of FShape Fassadentechnik GmbH. Relations between the contractual parties are solely governed by the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
The present General Terms of Sale and Delivery for products and services were last updated on 1st of Juli 2020.