Terms & Conditions
GWK Kuhlmann GmbH
Herr Fred Kuhlmann
Herr David Meermeyer
Tel.: (05258) 9836 – 0
Fax.: (05258) 9836 – 49
Tax ID no: DE 126 330 522
Tax no: 339/5818/0362
Local court Paderborn: HRB2345
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GTC (General Terms and Conditions)
General Terms and Conditions for Marketing Products Made by the Firm GWK Kuhlmann GmbH:
§ 1 Validity of the Conditions
The deliveries, performances and offers of GWK Kuhlmann shall take place exclusively on the basis of these business conditions. They shall thus also apply to all future business conditions even if they are not expressly agreed upon once again. These conditions shall be deemed accepted at the latest on receipt of the goods or performance. Any conflicting confirmations by the buyer with reference to its business or purchasing conditions shall be vetoed herewith.
Deviations shall be effective only if GWK Kuhlmann confirms them in writing.
§ 2 Offers
The offers of GWK Kuhlmann shall be without engagement and non-binding. Declarations of acceptance and all orders by customers shall require written or telex confirmation by GWK Kuhlmann to be legally effective.
§ 3 Delivery and Performance Times
Delivery times and deadlines shall be generally non-binding. Agreements on binding delivery times shall require the written form. Delays in delivery and performance due to force majeure and due to occurrences which make the delivery significantly more difficult or impossible for GWK Kuhlmann shall not be the responsibility of GWK Kuhlmann even in the case of bindingly agreed deadlines and times. They shall entitle GWK Kuhlmann to defer the delivery or performance by the duration of the impediment plus a reasonable preparatory period, or to withdraw from the contract wholly or partly due to the unfulfilled part. If the impediment lasts longer than three months, the buyer shall be entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the as yet unfulfilled part. If the delivery time is extended or if GWK Kuhlmann becomes free of its obligation, the buyer may not derive any claims for damage from this. The buyer may only invoke the aforementioned circumstances provided it immediately informs GWK Kuhlmann.
Insofar as GWK Kuhlmann is responsible for non-compliance with bindingly promised deadlines and times or is in default, the buyer shall have a claim to compensation for delayed completion in the amount of 0.5% of the invoice value for every complete week of delay, but not exceeding a maximum total of 5% of the invoice value of the deliveries and performances affected by the delay. Claims beyond this shall be excluded unless the contract rests on at least gross negligence on the part of GWK Kuhlmann. GWK Kuhlmann shall be entitled to partial deliveries and partial performances.
§ 4 Limitation of Liability
Compensation claims arising from impossibility of performance, from positive violation of contractual duty, from indebtedness on conclusion of contract and from unlawful acts against GWK Kuhlmann, as well as against its agents and assistants, shall be excluded unless premeditated or grossly negligent behaviour obtains.
§ 5 Prices and Payment Conditions
Unless otherwise stated, GWK Kuhlmann shall hold itself bound to the prices contained in its offers for 30 days from their date of publication. The prices named in the order confirmation plus the respective statutory value added tax shall be decisive. Additional deliveries and performances shall be invoiced separately. Delivery shall be made ex works and at the expense and risk of the buyer. The goods shall remain the property of GWK Kuhlmann until full payment is made. Claims from the sale of goods as yet unpaid for shall be deemed ceded to GWK Kuhlmann.
GWK Kuhlmann shall reserve the right to make design changes. Statements on dimensions, weight, properties, payloads, capacity or resistances not assured in writing shall be deemed non-binding. They are subject to changes which improve quality. Packaging costs shall be invoiced separately. If the buyer is in default, GWK Kuhlmann may demand interest in the amount of 4.5% above the relevant discount rate of the Deutsche Bundesbank. The statutory right of GWK Kuhlmann to withdrawal or claim for damages on grounds of non-fulfilment shall remain unaffected.
§ 6 Warranty
We shall provide a guarantee for materials and manufacture for the energy-saving boxes (Energie Spar-Boxen or ES-Boxen) within the context of the statutory provisions (VOB). The guarantee shall begin on the day of delivery and end on expiry of the statutory warranty period of six months.
§ 7 Return
GWK Kuhlmann shall reserve the right to refuse, not accept and not credit returned goods. 30% return costs are generally charged in the case of returns.
§ 8 Damages Due to Non-Fulfilment
If the buyer is to provide GWK Kuhlmann with damages due to non-fulfilment, GWK Kuhlmann may demand 50% of the purchase price without proof as compensation. The buyer shall have the right to prove that considerably lower damages have accrued. GWK Kuhlmann shall reserve the right to prove and assert higher damages.
If the buyer is in default of acceptance, GWK Kuhlmann shall be entitled to withdraw from the contract after the fruitless expiry of a statutory period of 14 days and to demand damages due to non-fulfilment. The provision in paragraph 1 shall apply accordingly with respect to the amount of damages.
§ 9 Prohibition of Assignment
The rights of the buyer from the transactions conducted with GWK Kuhlmann shall not be transferable.
§ 10 Effectiveness
Should one of the agreements set down here be ineffective, this shall not affect the effectiveness of the remaining provisions. In place of the ineffective provisions an appropriate provision shall apply which most approximates to that which, taking into account the purpose of the contract, the parties intended insofar as they had considered the point on conclusion of the contract.
§ 11 Agreement on Place of Jurisdiction
The place of jurisdiction for all disputes arising from this contract shall be the Paderborn District Court.