General Terms and Conditions
General Terms and Conditions (hereinafter referred to as “GTC”) by DEWETRON GmbH (hereinafter referred to as “DEWETRON”)
This GTC shall be applicable for any business relation with DEWETRON. Any contrary and/or amending general terms and conditions shall only be an integrated part of the business relation if explicitly agreed by DEWETRON in the written form.
The client is obliged to hold confidential the business relationship with DEWETRON including all related information (i.e. drafts, documents), and shall not make available this information to third parties except with the prior written consent of DEWETRON.
3. OFFERS, PRICES AND TERMS OF PAYMENT
- Offers and price calculation shall be without obligation and non-binding.
- Prices shall be ex stock/work and shall not include package, freight and any other related costs plus value added tax (VAT). The prices shall only be binding if the amount of the goods as confirmed is ordered.
- Payments shall be immediately due and shall be made without any deduction.
- If the client does not pay according to this GTC and/or might be reasonably deemed as insolvent DEWETRON shall be entitled to execute any delivery to such client for advanced payment and/or securities and/or suspend it until the client had paid all due payments to DEWETRON. In case of the agreement regarding part payments of the client all due payments to DEWETRON shall paid by the clients if the client is in delay with any of its parts payments.
- The set-off against any claim of DEWETRON with any claim of DEWETRON against the client shall be excluded.
4. DATE OF DELIVERY/DEFAULT
- Dates of delivery shall only be binding if DEWETRON explicitly declared it as fixed date in the written form and all documents to be provided by the client in order to execute the client´s order are available. All delivery dates shall be reserved under the right of self-supply in the agreed delivery time.
- Any delivery and/or service delay which essentially complicates and/or permanently prohibits its execution shall entitle DEWETRON to postpone the delivery and/or service for the time period corresponding to the delay period including a reasonable preparation period if such delay is caused by force majeure or any other unforeseeable oc-casion which DEWETRON is not liable for. DEWETRON shall not be responsible for the above described circum-stances if they arise during and existing and on-going delay. DEWETRON shall inform the client about the circum-stances regarding the restraint including the expected time period of the delay in written form.
- If such restrained lasts longer than three months both DEWETRON and the client shall only be entitled to termi-nate the agreement regarding the delivery and/or services which have not yet fulfilled until such termination.
- DEWETRON shall be deemed to be in delay only if the client has set a deadline in the written form which lasts at least one month and DEWETRON has not fulfilled its responsibilities during that time period except agreed fixed dates.
- If DEWETRON is in such a delay, its responsibility regarding damages is limited with an amount of 0.5 % for each completed week of a delay. The aggregate amount of DEWETRON´s responsibility regarding damages shall be limited with an amount of 0.5% of the respective invoice amount.
- Part-deliveries and/or partial services shall be agreed if reasonable for the client
5. TRANSFER OF RISK AND TAKE-OVER OF GOODS
- The incoterms 2010 EXW as amended from time to time shall be applicable if not explicitly agreed otherwise. Each delivery including deliveries free of charge shall be executed at this risk of the client. The risk shall transfer from DEWETRON to the client with the handing over of the goods to the carrier or with the forward of the goods to the clients starting from DEWETRON´s stock.
- A transporting insurance regarding transport damages and transport losses shall only be taken at the client´s re-quest and at the client´s cost.
- Any objections regarding transport damages and lack of goods shall be noticed on the transport papers. Any evi-dence shall be perpetuated, if any.
General Terms and Conditions by DEWETRON
Allgemeine Geschäftsbedingungen von DEWETRON
Terms and Conditions for US market