(1) The following General Terms and Conditions apply to all business relations between STABILUS Safety GmbH (hereinafter referred to as STABILUS) and its customers in their respectively amended form at the time when a contract is concluded.
(2) Terms and conditions which conflict with or diverge from the General Terms and Conditions of STABILUS or terms and conditions whose claim of validity restricts or overrides the General Terms and Conditions of STABILUS shall not not become part of the contractual agreement unless STABILUS expressly consents to the validity of such terms and conditions.
(3) The products and services of STABILUS are exclusively directed at corporate customers/registered traders within the meaning of § 14 German Civil Code (BGB). Orders made by private persons/consumers as defined by § 13 BGB will not be executed.
- Conclusion of the contract
(1) STABILIUS’s offers are without engagement and non-binding insofar as STABILUS has not expressly designated such offers as binding.
(2) A contract is concluded when confirmation of order is provided by STABILUS in text form (e-mail or fax is sufficient) or when fulfilment/handover of goods takes place.
- Prices, payment
(1) Insofar as nothing to the contrary has been agreed in writing, the prices charged by STABILUS will be based on the price list which is valid at the time of the conclusion of the contract for the delivery. The prices contained in price lists and prices which are the subject of written agreement do not include Value Added Tax at the respective statutory rate.
(2) Claims of STABILUS fall due for immediate payment and must be settled without deductions within 30 days of the invoice date. Timely payment is determined by the value date of receipt of payment by STABILUS.
(3) Following the expiry of the 30-day deadline, customers shall be in default of payment without any requirement to submit a reminder and shall owe penalty interest on the claims of STABILUS in the amount of 8% above the respective base rate plus any costs in connection with the issuing warnings or any legal costs which may be incurred.
(4) STABILUS reserves the right to supply new customers on a payment-in-advance basis only.
(5) Acceptance of bills of exchange or cheques is subject to the usual reservations. All costs arising from the acceptance in exceptional circumstances of bills of exchange and cheques (stamp duty, discount charges etc.) shall be borne by the customer.
(6) Any payment deadlines agreed in writing in exceptional circumstances shall become invalid and all claims of STABILUS shall fall due immediately if cheques or direct debits are not honoured due to lack of funds or if other circumstances become known which give rise to justified and considerable doubts as to the solvency or creditworthiness of the customer. In cases of this nature, STABILUS shall also be entitled to take back goods already delivered by way of security.
(7) The setting off of claims and the exercising of a right of retention against claims of STABILUS are only permitted in the case of such counterclaims as have been established in law or recognised by STABILUS.
- Delivery, transfer of risk
(1) Delivery dates stated in the confirmation are non-binding unless such dates have been expressly designated as binding.
(2) Partial deliveries are generally permissible, and the customer is required to accept such deliveries unless unreasonable.
(3) Default of delivery which occurs due to force majeure or because of events which render delivery either substantially more difficult or impossible – such as disruptions to business, strikes, administrative orders, natural catastrophes or the like – shall exempt us from compliance with certain delivery periods agreed.
(5) Risk of accidental destruction, impairment or damage of the delivery shall pass to the customer upon handover of the delivery to the company providing transport.
- Packaging, dispatch, freight costs, insurance
(1) Packaging of goods takes place in accordance with requirements at the discretion of STABILUS.