The following terms and conditions are the basis of every transaction. They shall also become part of the contract if the customer uses conditions that deviate from these conditions. Deviating agreements require our express written confirmation to be effective.
Our offers are always subject to change without notice. Insofar as the offer includes drawings, illustrations, dimensional and weight specifications etc., minor or customary deviations and modifications are possible, so that they are only approximate unless expressly agreed otherwise. We reserve the right of ownership and copyright to the offer with the associated documents. Passing on, publication, duplication or realisation by third parties is not permitted.
We reserve the right to make changes to the item described or illustrated at any time and without special notification, while retaining the essential features. We reserve the right to make corrections in case of calculation or printing errors in the offer.
The customer is bound to his contract request for three weeks. The contract is concluded when we confirm the acceptance of the order in writing within this period, have carried out the delivery or service, or have begun to carry out the service or delivery.
4. prices, transfer of risk
We shall be bound by contractually agreed prices for our deliveries for four months. In the event of a delivery date agreed at a later date or if the customer belongs to the group of persons mentioned in §24 AGB-Gesetz, we shall deliver or perform at our prices valid on the day of the transfer of risk without prior notification of the customer. In this case, non-merchants shall be entitled to withdraw from the contract if any price increase exceeds the increase in the cost of living between the order and delivery not only insignificantly.
Unless carriage paid delivery has been agreed upon, shipping shall be at the expense of the purchaser. In the case of all deliveries - including freight paid or freight presented - the risk of accidental loss shall pass to the purchaser when the goods are handed over to the forwarder or carrier or our own personnel designated to carry out the dispatch or transport. Insurance against damages of any kind will only be taken out at the express request of the purchaser and at his expense.
Details of delivery times or production dates are only binding if they have been confirmed by us in writing. The stated delivery times are conscientiously given in accordance with the existing conditions and are adhered to as far as possible. The delivery period shall be deemed to have been met if the goods have left the factory or distribution centre by the end of the delivery period or, if the goods can be shipped, readiness for shipment has been notified. If down payments from the client arrive late, CT-Coating AG can announce updated delivery times in writing shortly after receipt of the down payment. If these delivery times do not suit the client, he can cancel the order in accordance with §5.4.
Official orders or measures, force majeure, strike, lockout, traffic and operational disruptions or shortage of raw materials and any other hindrance to delivery shall release us from the obligation to perform for the duration of such hindrance. If the hindrance is not expected to disappear in the foreseeable future, we are entitled to stop delivery or to withdraw from the contract in whole or in part without the purchaser being entitled to subsequent delivery or compensation. We will inform the purchaser immediately before limiting the delivery or withdrawing from the contract in part. He is also entitled to refuse to fulfil the remaining obligations if the partial delivery is of no value to him. This shall also apply if these circumstances occur upon delivery.
If we exceed the agreed delivery time, the customer has the right to set a period of grace of eight weeks by registered letter, with the express declaration that he will refuse to accept the performance after expiry of the period and will withdraw from the contract. The costs incurred by CT-Coating AG up to this point will then be reimbursed by the client.
If the client cancels his order or does not meet his payment obligations after a reminder, CT-Coating AG can charge the contractor a flat cancellation fee of 30% of the order amount. If the damage incurred by CT-Coating AG is higher, CT-Coating AG can also claim higher damages above the above-mentioned flat-rate rates against proof.
Complaints about deliveries or services can only be made in writing by merchants or similar institutions within eight days of receipt. Non-traders must notify obvious defects in writing within eight days. For hidden defects, the statutory provisions apply here. If the notification of defects is made in due time, the customer is entitled to rectification of defects or free replacement delivery at our discretion. Only after two failed attempts at rectification or replacement delivery can the customer demand cancellation of the purchase contract or a reduction in payment.
If the notification of defects is made in due time, the purchaser is entitled to rectification of defects or free replacement delivery at our discretion. Only after two failed attempts at repair or replacement delivery can the purchaser demand cancellation of the purchase contract or reduction of the remuneration.
In all other respects, it also applies in this group of persons that claims for damages - regardless of the legal basis - can only be asserted against us if any damage is based on an intentional or grossly negligent breach of contract. This also applies in particular to consequential damages. We assume no liability for incorrect product descriptions, incorrect technical data and incorrect operating instructions of the manufacturer.
In all other respects, the statutory provisions shall apply for the duration of the warranty.
In order to prove warranty claims and possible warranty claims, the customer is obliged to present the warranty certificate together with the invoice when making a claim.
7. payment, default
Unless other terms of payment are stated in the offer, all invoice amounts are payable immediately and without deduction.
We can accept bills of exchange if we are reimbursed for discount and other expenses incurred.
If, after conclusion of the contract, justified doubts arise with regard to the creditworthiness/commercial behaviour of the purchaser or his financial circumstances, we shall be entitled to demand advance payment at our discretion. We also have the right, at our option, to interrupt the execution of the order and demand immediate settlement; in the event of refusal, we are entitled to withdraw from the contract. In this case, the client is not entitled to claim damages.
The customer may not refuse or withhold his services because of any counterclaims, insofar as they are offset against counterclaims, unless these counterclaims are undisputed or have been established in due time.
In the event of default in payment, interest on arrears shall be payable at a rate of 4% above the respective discount rate of the Deutsche Bundesbank. For merchants, interest on arrears will be charged at the same rate from receipt of the goods or from the agreed due date, if applicable, provided that a mutual commercial transaction exists in accordance with §353 HGB (German Commercial Code).
Our claims shall become due for payment in total - also in the case of deferments - as soon as the customer is in default with the fulfilment of one or more obligations, bills of exchange or cheques are protested, the customer suspends payments, is over-indebted, composition or bankruptcy proceedings have been opened against his assets or the opening has been refused due to lack of assets. In the above-mentioned cases, we are entitled to reclaim and withdraw from the contract.
8. reservation of title
We reserve the right of ownership of the delivered goods until all claims arising from the business relationship between the parties have been paid, including claims from previous deliveries or services. The customer may not dispose of the items subject to retention of title unless they have been delivered to him with the provision that they may be processed, installed or resold in the ordinary course of business.
If goods subject to retention of title are seized or otherwise disposed of by third parties, the customer must inform us immediately and comprehensively and inform the third party of our rights. Any costs arising from our intervention shall be borne by the purchaser.
The treatment or processing of goods subject to retention of title is carried out for us without obligating us.
In the event of resale of the goods, the purchaser hereby assigns to us his claims against his customers up to the amount of the claims resulting from this contract. We are entitled and the purchaser is obliged at our request to notify the customer of the assignment in writing. If necessary, the customer shall also reserve the title to the items through his customer by way of an extended reservation of title.
9. obligation of secrecy, data protection
CT-Coating AG and the ordering party are obliged in accordance with the statutory provisions and the contractual regulations to maintain secrecy about all facts of which they become aware in connection with their activities for the ordering party. However, the exchange of information between CT-Coating AG and the ordering party is permitted at any time.
In the case of publicly funded consulting services, the client agrees that a copy of a prepared consulting report may be left to the body responsible for assessing the results of the funding measure.
CT-Coating AG processes personal data exclusively for its own purposes. It uses automatic data processing systems for this purpose. In order to meet the data security requirements of the Annex to Section 6 of the German Federal Data Protection Act (BDSG), it has taken technical and organizational measures to ensure the security of the data stocks and data processing procedures. The employees involved in the processing are obliged and required to strictly comply with all data protection regulations.
All subsidiary agreements and contract amendments are only valid in written form.
The contract and our terms and conditions remain valid even if individual provisions are invalid.
The place of performance for both parties is the location of our commercial branch. If the customer is a registered trader, a person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is the registered office of our commercial branch. This also applies to claims arising from bills of exchange and cheques.
The contractual relationship is subject to the law of the Federal Republic of Germany. Place of jurisdiction is Siegburg.
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