I. Definition, Scope
1. The following terms and conditions are the basis of all our offers, deliveries and services and apply to all subsequent transactions as agreed upon acceptance of the order by us. Other terms and conditions are only recognized insofar as they agree with ours or are expressly made by us in writing in individual cases to form the basis of the respective contract or service.
2. Agreements or ancillary agreements that deviate from these conditions are only effective if they have been confirmed in writing by Weld-Tech. 3. These conditions also apply to future deliveries.
II. Offers and offer documents, service changes
1. Our offers are always non-binding. The documents belonging to the offer, such as illustrations, drawings and dimensions, are only approximately relevant unless they are expressly designated as binding. We reserve the property rights and copyrights to cost estimates, drawings and other documents; these documents may not be made accessible to third parties without our consent.
2. We are entitled, even after the order has been placed, to make changes to the products ordered which are necessary or sensible for production-related or other technical reasons, do not impair the product's suitability for use for the purpose communicated to us or for which we can identify it, and the quality of the product and buyers are reasonable.
III. order placement
1. The contract is only concluded with and only in accordance with our written order confirmation, unless its issuance is expressly excluded in an individual case. This also applies to orders mediated by representatives.
2. A delivery contract is only concluded with a written order confirmation, at the latest with the dispatch of the goods. Transmission by data transmission is sufficient if it is in writing. If Weld-Tech can prove by submitting a transmission report that it sent a declaration by fax, remote data transmission or e-mail, it is assumed that the customer received the declaration.
3. If Weld-Tech uses a tele or media service for the purpose of concluding a contract, the customer waives notification of the information specified in the statutory ordinance pursuant to Art. 241 EGBGB and confirmation of receipt of his order. Electronically transmitted orders are only deemed to have been received when they have been retrieved and opened by Weld-Tech. Weld-Tech reserves the right to delete orders unopened.
IV. Prices, terms of payment
1. The prices apply ex works, in principle without freight or shipping costs and packaging. Value added tax at the statutory rate is added to the prices.
2. If the relevant cost factors (manufacturing materials, energy, operating supplies, wages, salaries, etc.) change significantly for pricing between the time the contract is concluded and the contractually stipulated delivery date, we are authorized to ask the customer to agree new prices in amendment of the contractually agreed prices to demand agreed prices. If no agreement is reached, we are entitled to withdraw from the contract. If the customer is not a merchant, our right to withdraw from the contract only applies to a contractually agreed delivery period of more than 4 months. For additional work required, also for the creation of test reports, we charge the surcharges stated in the order confirmation or agreed upon with the customer after prior agreement.
3. If the quantities are significantly lower than those specified in the contract, we are also entitled to levy surcharges for small quantities. For small orders below a net value of € 250, - a small quantity surcharge will be charged.
4. The following terms of payment apply: All invoices are payable within 10 days of the invoice date (receipt of payment by us) or at the latest within 3 weeks without any deduction. After the expiry of these payment deadlines, we are entitled to demand interest on the due date in the amount of the applicable interest rate, regardless of the assertion of further damage caused by default. If we have to procure the preliminary material for the execution of the order or if the contract relates to the manufacture of tools, devices or special machines, we are entitled to invoice one third of the agreed total price when the contract is concluded, two thirds after approval by failure patterns. Payments must be made in cash or by bank transfer, withholding of payments or offsetting due to any counterclaims by the customer that we dispute are not permitted.
5. If the customer does not pay a due invoice despite a reminder, all of his liabilities to us become due immediately. We are also entitled to withhold further deliveries, to demand advance payment, security or cash payment regardless of other previous agreements, to withdraw from the contract or to claim damages for non-performance.
6. If Weld-Tech takes back delivered goods without the customer being legally entitled to do so, Weld-Tech will charge a restocking fee of 20% of the value of the goods, but at least EUR 25, for the additional costs incurred as a result.
7. The day of receipt of payment for all means of payment is the day on which Weld-Tech or third parties who have a claim against Weld-Tech can dispose of the amount.
8. The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by Weld-Tech. In addition, the customer is entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
9. In addition to the statutory advance payments, the customer can be put in default after the due date by a reminder. If the payment date is determined by the calendar, the customer is in default even without a reminder. If the customer is in default of payment, Weld-Tech is also entitled to withhold all deliveries or services.
V. Retention of title
1. If the goods that belong to us in whole or in part are sold, the purchase price claim from the sale is already assigned to us up to the amount of the value of our goods in the total proceeds from the sale. Payments received by the customer are accepted by him on our behalf. All items that belong to us in whole or in part are to be kept separately by the customer. Insofar as a handover is required according to the provisions for a transfer of ownership, this will be replaced by the goods being taken into safekeeping by the customer for us free of charge.
2. Weld-Tech retains ownership of the goods delivered until all payments from the business relationship with the customer have been received.
3. Weld-Tech's assertion of the retention of title and seizure of the delivery items shall not be deemed a withdrawal from the contract unless the provisions of the Consumer Credit Act apply and this is expressly declared in writing by Weld-Tech.
4. The customer is entitled to resell the delivery items in the ordinary course of business, but he already now assigns to Weld-Tech all claims in the amount of the purchase price agreed between Weld-Tech and the customer including value added tax, which accrue to the customer from the resale, and regardless of whether the delivery items are resold without or after processing. The customer is authorized to collect these claims after their assignment. Weld-Tech's authority to collect the claims itself remains unaffected; however, Weld-Tech undertakes not to collect the claims as long as the customer duly meets his payment obligations and is not in default of payment. However, if this is the case, Weld-Tech can demand that the customer discloses the assigned claims and their debtors, provides all information required for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
5. The processing or transformation of the goods by the customer is always carried out for Weld-Tech. If the delivery items are processed with other items that do not belong to Weld-Tech, Weld-Tech acquires co-ownership of the new item in relation to the value of the delivery items to the other processed items at the time of processing.
6. If the delivery items are inseparably mixed with other items that do not belong to Weld-Tech, Weld-Tech acquires co-ownership of the new item in the ratio of the value of the delivery items to the other mixed items. The customer keeps the co-ownership for Weld-Tech. In the event of any treatment or processing of the goods delivered by us, the customer shall carry out this for us without any obligations arising for us as a result.
7. The customer may neither pledge the delivery items nor assign them as security. In the event of seizure, confiscation or other dispositions by third parties, the customer must inform Weld-Tech immediately and provide it with all the information and documents required to protect its rights. Enforcement officers or third parties must be informed of Weld-Tech's ownership.
8. Weld-Tech undertakes to release the securities to which it is entitled at the request of the customer if these exceed the value of the claims to be secured, insofar as they have not yet been settled, by more than 20%. Weld-Tech is responsible for selecting the securities to be released.
VI. Deliveries, delivery time
1. The delivery period begins upon receipt of our order confirmation, unless otherwise agreed, provided that all contractual technical and organizational details are binding at this point in time. Adherence to agreed delivery and service dates presupposes that all technical questions have been clarified and payments or other obligations of the customer are available or fulfilled in good time. If this does not happen, the deadline will be extended appropriately.
2. Partial deliveries are permitted.
3. Deliveries are made ex works excluding packaging and insurance. The risk passes to the customer when the goods leave our works, but no later than when they are handed over to the forwarding agent or carrier. If the goods are picked up by us at the request of the customer, the risk of transport is borne by the customer. We are free to insure these risks. The aforementioned provisions also apply if carriage paid delivery has been agreed. If the goods are ready for dispatch and the dispatch or acceptance is delayed for reasons for which we are not responsible, the risk passes to the customer upon receipt of the notification of readiness for dispatch Liability and without guarantee for the cheapest and fastest transport and the use of the means of transport to us. The interests of the customer are adequately taken into account.
4. If we act as a forwarding agent, the General German Forwarding Conditions shall also apply. Goods that have been notified as ready for dispatch must be called up by the customer immediately, but at the latest after a period of 10 days after notification. If no call is made, this entitles us to store the goods at our own discretion at the expense and risk of the customer and to charge them as delivered ex works. Insurance against transport damage will only be taken out at the request and expense of the customer.
5. If the customer is in default of acceptance or violates other obligations to cooperate, Weld-Tech is entitled to give preference to other orders from third parties and to extend the delivery time appropriately. Irrespective of further claims, Weld-Tech is entitled to demand compensation for the damage incurred in this respect, including any additional expenses.
6. If the customer is in default of delivery or cooperation due to written reminders, we are entitled to withdraw from the contract after a grace period of 2 weeks or to demand compensation for non-performance.
VII. delay in delivery
1. Unforeseeable, unavoidable or other serious events at our premises, at an upstream supplier or at a subcontractor, such as strikes, lockouts, operational disruptions, energy or material shortages, staff shortages, official orders or interventions, natural disasters, lack of means of transport, etc., which lead to delivery - and delays in performance or even the impossibility of performance and for which we are not responsible, extend the agreed delivery times by the duration of the hindrance and, in the event of impossibility, entitle both parties to withdraw from the contract. The delivery periods are also extended by such a period in which we were entitled to withhold our services.
2. If Weld-Tech is in default with the delivery, the customer is entitled to payment of a flat-rate claim for damages. This is set at 0.05% of the purchase price for each full week of delay, up to a maximum of 1%.
3. If Weld-Tech is in default with a partial delivery, this flat-rate claim for damages is calculated on the basis of the purchase price for parts that have not yet been accepted.
4. The customer loses the right to payment of the flat-rate claim for damages if he does not assert this within four months of the time at which the delivery should have taken place.
5. The assertion of damage caused by delay exceeding the flat-rate claim for damages is excluded, unless Weld-Tech caused the delay intentionally or through gross negligence or the damage caused by delay was the result of a material breach of contract or the delay resulted in injury to life, limb or health.
VIII. Dispatch, Passing of Risk, Acceptance
1. If the customer is a merchant, defects must be reported in writing immediately, but no later than 12 calendar days after receipt of the goods. The obligation to examine also applies if outage samples have been sent. In the case of non-identifiable defects, the same applies within the aforementioned period of time after the defect was identified. If defects are found during further processing, this must be stopped until we are aware of the condition of the Goods convinced and made our decision. If the complaint is not made in the correct form or in a timely manner, the goods shall be deemed to have been approved if the customer is a merchant. Does the customer use the delivery or service or only a part of the delivery are the goods are valid as approved.
2. Shipping is at the risk and expense of the customer. This also applies to returns.
3. Transport and other packaging will not be taken back.
IX. Intellectual Property Rights The customer undertakes to inform Weld-Tech immediately of third-party property right claims with regard to the delivered products and to leave the legal defense to Weld-Tech at its own expense. Weld-Tech is entitled to carry out necessary changes at its own expense due to third-party property right claims, even in the case of delivered and paid for goods.
X. Warranty, Compensation, Liability
1. Obvious defects must be reported and reported to Weld-Tech immediately. Insofar as there is a defect for which Weld-Tech is responsible, Weld-Tech will choose whether to rectify the defect or provide a replacement. In the event of rectification, Weld-Tech is obliged to bear the expenses for labor and material costs required for the purpose of remedying the defect, provided these costs are not increased by the fact that the purchased item was taken to a place other than the place of performance. The amount of this reimbursement of expenses is limited to twice the value of the defective item.
2. If the rectification or replacement delivery fails, the customer is entitled to demand a reduction in the corresponding remuneration for this order or, in the case of a material breach of contract, the cancellation of the contract.
3. Warranty claims are excluded for defects for which Weld-Tech is not responsible. Unless it is the lack of an assured or guaranteed property.
4. If Weld-Tech owes a piece debt, a replacement delivery is excluded in the event of defectiveness.
5. Weld-Tech is liable according to the statutory provisions if the customer asserts damage that is based on intent or gross negligence. Claims by the customer that go beyond the warranty claims regulated above are excluded, unless the persons responsible for the management of our company, senior employees or vicarious agents can be charged with intent or gross negligence with regard to the defect. Insofar as Weld-Tech has acted with gross negligence, the liability for damages is limited to the foreseeable, typically occurring damage.
6. Weld-Tech is liable according to the provisions of the Product Liability Act.
7. Liability for damages is otherwise excluded. In this respect, Weld-Tech is not liable for damage that has not occurred to the delivery item itself. Contractual penalties are not recognized.
8. The warranty period is six months, calculated from the transfer of risk. The period is a limitation period and also applies to claims for compensation for damage caused by defects, insofar as no claims from tort are asserted; the statutory limitation period applies to these claims.
XI. Deadlines for complaints, exceeding the warranty period.
1. Hidden defects must be reported within 10 working days after discovery.
2. There are no warranty claims for defects discovered after the warranty period has expired.
XI. Place of performance, place of jurisdiction, applicable law, other
1. Unless expressly agreed otherwise, Weld-Tech's place of business is the place of performance.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the court responsible for Weld-Tech's place of business. However, Weld-Tech is also entitled to sue the customer at his general place of jurisdiction. The same applies if the customer does not have a general place of jurisdiction in Germany and has moved his domicile or habitual residence abroad after the conclusion of the contract or if his domicile or habitual residence is not known at the time the action is filed. The laws of the Federal Republic of Germany apply, excluding foreign law and the standardized international sales law. The German version of a contract text is authoritative.
XII. Foreign contractors
If the contractual partner has its place of business outside of the Federal Republic of Germany, the regulations mentioned above shall apply with exclusive application of German law, unless something else is regulated below.
Should one of the aforementioned provisions be or become invalid or void, the remaining provisions shall remain unaffected. In such a case, the contracting parties are obliged to replace the void or ineffective provision with an agreement that comes as close as possible in economic terms.
Note according to § 26 BDSG: We store personal data of our customers
Stand März 2023