GENERAL TERMS AND CONDITIONS (GTC) 

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I. General

1. For all offers, orders, and sales, the following General Terms and Conditions "GTC" apply exclusively.

2. Deviations from our GTC, especially conditions of the buyer, are only valid if confirmed by us in writing.

3. The above GTC also apply to all subsequent reorders.

4. Prices are exclusive of the applicable statutory value-added tax.

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II. Offer and Conclusion of Contract

1. Offers are non-binding and do not obligate the contractor to accept the order.

2. Orders and agreements are binding for the contractor only upon its written confirmation or delivery.

3. If no contrary message is received from REMSGOLD within 8 days of placing an order, the order is deemed accepted, subject to quantity and availability.

4. Our documents and product descriptions are approximate unless expressly stated as binding.

5. Any increases in duties, taxes, and other charges after conclusion of the contract are at the buyer's expense.

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III. Payment

1. Our invoices are payable within 10 days with a 2% discount or 30 days net unless otherwise agreed.

2. In case of late payment, we are entitled to demand 4% interest above the respective discount rate of the Deutsche Bundesbank from the due date onwards.

3. If the buyer is in default, we reserve the right to claim further damages.

4. Repair, assembly, and spare part costs are always net cash.

5. If the buyer defaults on payment of one of our invoices, all our claims from the business relationship become due immediately. The date of receipt on our account is decisive for all payments.

6. Furthermore, we are entitled to request cash payment / advance payment before further deliveries.

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IV. Delivery Time and Acceptance

1. Delivery deadlines and dates are approximate and therefore non-binding. Binding delivery deadlines require a written agreement.

2. Agreed delivery dates refer to the shipping date of the goods ex works.

3. Our delivery obligation is suspended as long as the buyer is in arrears with a due payment. The delivery period starts on the day of final order confirmation but not before all execution details have been clarified.

4. In case of unforeseen obstacles beyond the contractor's control, the delivery period is extended accordingly.

5. In case of contractor's delay, the client sets a reasonable deadline of at least 14 days in writing.

6. However, claims for damages by the buyer due to delay or non-performance are limited in amount to the invoice value of the quantity of goods that were not delivered or delivered late unless we are liable for intent or gross negligence according to mandatory legal provisions.

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V. Shipment

1. The risks of transport from works/delivery point always lie with the buyer, even for free house delivery unless we transport with our own vehicles from our premises.

2. Storage is always at the buyer's expense.

3. Weight or piece differences can only be claimed if they are immediately detected upon receipt of shipment and confirmed in writing.

4. We choose shipping method and route; however, we strive to accommodate buyer's preferences; any resulting additional costs are borne by the buyer.

 

VI. Liability for Damages

1. For damages resulting from defects in purchased goods, erroneous deliveries, or packaging defects, we assume liability as follows:
   a) Any liability on our part is excluded if damage could have been avoided by complying with buyer's inspection obligations.
   b) We only assume liability for grossly negligent breaches of contract if damage occurs despite compliance with buyer's inspection obligations.

2. We only assume liability for damages other than those regulated above if they were caused by grossly negligent actions on our part.

3. All potential claims by buyers against us expire no later than 12 months after causing action leading to damage.

4. The provisions of product liability laws remain unaffected.

 

VII. Retention of Title

1. Ownership of delivered goods remains reserved as security for all claims arising from current and future business relationships until all damages against the buyer have been settled.

 

VIII. Place of Performance and Jurisdiction

1. The place of performance for delivery is where it is dispatched from; for payment it is 73650 Winterbach.

2. If the buyer is a merchant under German law (Vollkaufmann), jurisdiction lies in Schorndorf.
   We reserve the right to take action against buyers at their general place of jurisdiction outside dunning proceedings.

3. All contracts between us and customers are subject to German law excluding UN sales law regulations.

 

Status: 15.08.2017