General conditions of sale, delivery and payment

1. General
The following general conditions of sale, delivery and payment apply by placing an order as an integral part of the contract. Deviating and additional conditions require the form. Deviating and additional conditions must be in writing. If the business conditions of the contracting parties deviate from each other, only the present terms and conditions apply.

The present conditions of the seller also apply to all subsequent orders, even if the conditions in the individual case should not be expressly made the subject of the contractual relationship.
2. Privacy
Insofar as required for the settlement of transactions and permitted within the framework of the Federal Data Protection Act, the data of the customer are stored and processed.


3. Offers and prices
The prices are net prices. VAT will be charged separately at the statutory rate. All prices are, unless otherwise agreed, shipped ex works.

Prices are for the purchase of full loads of at least 20 to. per truck. For deliveries with solo vehicles or only partially loaded trucks surcharges will be charged.

When picking up the goods, the driver's signature confirms the acceptance of faultless goods. No liability can be assumed for damages on the subsequent transport or unloading.


4. Acceptance and delivery
The acceptance of orders is subject to the possibility of delivery.

For contracts that provide a longer processing time, or orders on call, the seller must call, dates and corresponding specifications in writing in good time. If this does not happen, the seller reserves the right to prior sale. If the specified acceptance dates are not met by the buyer, the seller is entitled to charge damages. For custom-made or special colors, the ordered quantities are binding for the buyer and must be accepted in any case. There is no claim to additional production of smaller quantities.

Unforeseen obstacles to production and transport entitle the seller to postpone or cancel any delivery obligations assumed. Claims for damages can not be derived from this.

A dispatch happens in each case, also with agreement of Frankopreisen and / or carriage paid delivery, on danger of the buyer. Deliveries free construction site are understood insofar as the access conditions allow the delivery of heavy goods vehicles without danger to the vehicle and the load. The unloading may not exceed a period of 1 hour after delivery. If the unloading time is not adhered to, the seller reserves the right to calculate the service life. The costs of any interim transport, transshipment costs as well as a procedure of the goods on the construction site are not included in the transport costs and will be charged to the buyer separately.

Payment must be made in cash, by check, bank or giro transfer within 30 days of the date of invoice without any deduction. If the payment is made within 10 days of the date of the invoice, a 2% discount on the discounted amount will be granted if older invoices are no longer available. When paying by the bank debit procedure, we grant 3% discount from the value of the value including VAT. Billing by bill of exchange takes place on account of payment and requires the consent of the seller. Kiskont, bills of exchange and costs are borne by the buyer.

Failure to comply with the terms of payment, the seller is released from all delivery obligations. In addition, the seller reserves the right to charge default interest in the usual bank amount for overdrafts.

The right to offset and retention is excluded; also in the case of complaints or complaints of delivery, the buyer remains obliged to make payment. Invoices of the seller shall be deemed accepted unless contradicted in writing within 30 days of the invoice date.


6. Complaints
The seller guarantees compliance with the DIN regulations. In addition assured properties require the written confirmation of the seller. For deliveries of concrete goods of all kinds are for the treatment, especially of efflorescence, color differences, dimensional tolerance and breakage, the "Technical Notes on the supply of concrete road construction products" issued by the Federal Association of German concrete and precast industry eV, Bonn, July 1979 version, as part of the contract agreed.

The documents belonging to the offer or order, such as illustrations, drawings and weights are only conditionally decisive, unless they are expressly designated as binding.

Obvious defects must be reported to the seller in writing immediately, no later than 5 working days after unloading or receiving the goods. They can only be recognized if the goods are still in the condition of delivery. This also applies to hidden defects, provided they can be determined by a reasonable examination. If defects become apparent only during processing or use, the customer is obliged to immediately enable us to review the complaints. Complained goods may only be processed or used with our consent.

Defected complaints are the buyer only the right to reduction. Claims for conversion or subsequent delivery of defect-free goods are excluded. If there is no agreement on possible price reductions within a reasonable period of time, the seller can at his option deliver goods free of defects or give credit, whereby the credit value is limited at most only to the goods delivered by the seller. Further claims are rejected by the seller. Should the buyer have the goods checked, he is obliged to announce the date of removal of the test pieces and the name of the examiner so that the seller can be present. If an agreement is reached between the buyer and the seller about the person of the examiner, the seller shall bear the inspection costs if the examination confirms the legitimacy of the complaint.


7. Retention of title
Ownership of the delivered goods remains reserved to the seller until the complete extinguishment of all claims arising from the business relationship or other legal grounds between the seller and the purchaser and that are still due. This also applies to storage of the goods on third party land.

If, in connection with the payment of the purchase price by the purchaser, a mutable liability is justified by us, the retention of title does not expire before the bill of exchange is accepted by the purchaser as a drawee.

For each subsequent sale of our goods, the seller must expressly reserve our ownership to the buyer until our claims against the buyer have been met. In addition to this, the buyer hereby assigns his claim for payment against the buyer, up to the amount of our claims against the buyer. Upon request, the buyer is obliged to disclose the assignment to his debtor and to provide the seller with the information required to assert his rights against his debtors and to hand over documents.

If our goods are mixed or by incorporation of an integral part of a property or a structural system, the buyer - even a subcontractor purchasing our goods - hereby assigns his claim for payment against the owner of the property or the building, up to the amount of Material value of our installed goods. The Buyer and any other acquirer shall expressly impose the obligations arising from this paragraph on its subsequent buyer.

If circumstances become known to the seller after conclusion of the contract which affect the creditworthiness of the buyer, the seller is entitled to demand immediate cash payment or, as a precautionary measure, the surrender of the delivered goods.


8. Severability clause
Should individual parts of the above conditions be omitted by law or special agreements, this shall not affect the validity of the remaining provisions of these General Conditions of Sale, Delivery and Payment.
9. Place of performance
The place of fulfillment for the deliveries and payments is Wilburgstetten both for "ex works" and for "free construction deliveries".