GTCS

1. orders placed with us are generally subject to our terms of delivery and payment. Deviating terms of delivery and payment on the part of the customer can only be valid after written agreement. Deliveries with deviating terms of delivery and payment without prior written confirmation shall be subject to our terms and conditions. Subsequent orders require new confirmations in each case.

After the order has been placed, change requests are only possible within a certain period of time.

2. offers are always made without obligation. They shall only become binding upon prior written confirmation. If the order confirmation deviates from the order, the customer must object in writing within 1 week of receipt, otherwise the content of our order confirmation shall apply.

Deviations of the respective article are permissible within the framework of the current DIN/EN standards or technically existing standards.

4. our prices are always “ex works, excluding packaging” or plus applicable VAT, unless other conditions have been agreed.

If the client is in default of payment, Siegel GmbH shall be free to refuse further performance of the contract. If this results in a massive endangerment of the payment claim, we are entitled to demand advance payments or sufficient securities. If the client refuses these demands, we may withdraw from the contract and assert any claims for damages. Outstanding claims may be enforced without prior notice.

5. mold and tool costs or their proportionate costs are due for payment immediately, without deduction of discount

6. counter invoices of any kind may not be offset or existing amounts withheld.

7. an over- or under-delivery of up to +- 10 % due to production or material is permissible.

Partial deliveries are generally permitted. If “free domicile” delivery has been agreed, any freight costs incurred for requested partial deliveries shall be borne by the customer.

Specified delivery times shall always apply after clarification of all technical and commercial details and are always non-binding. Delivery times shall only be deemed binding if the date has been confirmed in writing to the client as binding.

In the case of blanket or call-off orders, Siegel GmbH shall be entitled to manufacture the entire order quantity in one go. If the goods are not called off in accordance with the contract, we are entitled to deliver them after a reasonable grace period has expired and to invoice them accordingly.

8. defects found must be convincingly and objectively presented and reported immediately.

If the delivered goods have defects subject to warranty, we are entitled – at our discretion – to remedy the defect or to deliver a replacement.

Unauthorized handling or improper treatment of the delivered items shall result in the loss of all claims for defects.

Offsetting against our claims, of whatever nature, is fundamentally excluded. The customer bears sole responsibility for the functionality of our products.

9. within the scope of product liability, we refer to consequential liability with regard to the material and the material supplier.

10. with the handover of the goods to a forwarding agent or transport service provider, at the latest after leaving our premises, the risk for all transactions is transferred to the client – even for “free domicile” deliveries. All obligations and costs of unloading shall be borne by the customer.

In the case of “ex works” deliveries, delivery shall be at the risk of the recipient or the client, uninsured.

11. all delivered goods remain the property of Siegel GmbH (retention of title) until all claims, regardless of their legal basis, including future claims, have been settled.

The costs and losses resulting from the retention of title of our products shall be borne by the client.

In the event of processing of the reserved goods, we shall be entitled to co-ownership in the value of the condition of the goods.

In the event of breach of contract by the purchaser, in particular if the purchaser is in default of payment, we shall be entitled to take back the goods.

12. German law shall apply in principle, or the provisions of the Convention on Contracts for the International Sale of Goods.

The place of jurisdiction is Gelnhausen. The place of fulfillment is Linsengericht.