![GALESKI [EN]](https://galeski.net/en/wp-content/uploads/sites/2/2024/02/Logo_Normal-transp.png){kind=logo}
General Terms and Conditions
Version: September 1996
1. General
All our deliveries and services, including future deliveries and services, including all ancillary services, shall be subject exclusively to the following terms and conditions, even if no reference is made to them in individual cases.
The customer waives the assertion of his own claims to his terms and conditions of business or purchase. These also do not become part of the contract through silence on the part of the supplier or through fulfillment, but must be confirmed separately in writing by the supplier for each transaction, as must any other deviating agreement. We reserve the right to make design changes. All specifications are non-binding guide values unless we expressly designate them as binding in the order confirmation.
2. Offer and conclusion of contract
All our offers are subject to change and non-binding. Orders, verbal and telephone declarations, agreements and subsidiary agreements shall only become binding with our written confirmation.
3. Prices
Orders for which fixed prices have not been expressly agreed shall be invoiced at the prices valid on the day of delivery. In the case of fixed prices, both parties reserve the right to demand a corresponding adjustment of the agreed price in the event of a change in price-determining factors such as wages, freight rates, energy costs, VAT, customs duties, etc., unless delivery is made within 4 months of order confirmation. All prices quoted are for delivery ex works. Unless otherwise agreed, we charge 2% of the gross list price for packaging.
4. Delivery time
The delivery time shall only be deemed to have been agreed as approximate if we have not expressly confirmed a binding date. Compliance with a date confirmed in writing is subject to the timely receipt of all documents and clarifications to be provided by the customer.
This must take place no later than one week before the delivery date. In individual cases, the supplier may specify a different period if extensive preparatory work is to be carried out by the supplier. If this requirement is not met, the delivery period shall be extended accordingly.
Unforeseen obstacles. Cases of force majeure, difficulties in procuring materials, etc. shall release us from our obligation to meet the agreed delivery deadlines.
These are to be agreed again after the obstacle has been removed, whereby the expected delivery possibility of us shall determine the date. However, we are entitled to deliver partial quantities at any time. In the event of a delay in delivery, the customer must set us a reasonable period of grace.
After expiry of the grace period, the customer is entitled to withdraw from the contract; further rights, in particular claims for damages, are excluded insofar as this is legally permissible.
5. Retention of title
The delivered goods shall remain our property until the customer has paid or acknowledged all claims, including future claims, arising from the business relationship with us, in particular any current account balance. In the case of checks and bills of exchange, only the redemption shall be considered as fulfillment.
In the case of rediscounting bills of exchange, our retention of title shall remain in force until the bill of exchange has been honored, irrespective of the payment of the check. The handling and processing of goods supplied by us shall always be carried out on our behalf without any liabilities arising for us from this. If the goods delivered by us are processed or combined with other items, the customer hereby assigns to us his ownership or co-ownership rights to the new movable items and shall store them for us with due commercial care.
The customer is entitled to resell the reserved goods in the ordinary course of business as long as he is not in default. Prior pledges or transfers by way of security are not permitted. The customer hereby assigns to us in full by way of security any claims arising from a resale or any other legal reason in respect of the goods subject to retention of title. The customer shall remain entitled to collect the claim as long as he is not in default of payment to us. If the value of the item delivered to us as security subject to retention of title exceeds our total claim from the business description by more than 20%, we shall be obliged to reassign it to this extent at the customer’s request. We revocably authorize the customer to collect the claims assigned by us for his account in his own name.
This direct debit authorization can be revoked if the customer does not properly meet his payment obligations.
The customer undertakes to name the purchaser of the goods subject to retention of title at any time upon request and immediately in the event of default of payment. In the event of seizure of the goods subject to retention of title by third parties, the Purchaser shall draw attention to the ownership structure and inform the Supplier immediately.
In the event of breach of contract by the customer, in particular default of payment, we shall be entitled to take back the goods subject to retention of title or, if applicable, to demand assignment of the customer’s claims for return against third parties. The taking back or seizure of the reserved goods by us does not constitute a withdrawal from the contract.
The supplier is entitled to enter the business premises of the customer in order to retrieve the reserved goods.
6. Payments
Unless otherwise agreed, our invoices are payable 30 days after invoicing, within 8 days with a 2% discount. If the invoice amount is less than EUR 200, no discount is possible. We are always entitled to offset payments against the oldest claim. If costs and interest have been incurred, we are entitled to offset payments first against costs, then against interest and finally against the principal claim.
Initial orders are payable immediately upon delivery/acceptance.
Checks and bills of exchange are only accepted on account of performance. We only accept bills of exchange after prior agreement and subject to the possibility of discounting. The costs of discounting and collection of bills of exchange and checks shall be borne by the customer. Payment shall only be deemed to have been made when we can dispose of the amount.
If the customer defaults on payment, we shall be entitled to charge interest on arrears at a rate of 2% above the respective discount rate of the Deutsche Bundesbank from the date concerned, or the interest actually charged. If the customer does not meet his payment obligations, does not cash a check, or suspends his payments, or if we become aware of other circumstances that call the customer’s creditworthiness into question, we are entitled to declare the entire remaining debt due.
We are also entitled to demand advance payments without the provision of security. If the customer withdraws from the contract without legal reason, he is obliged to pay a lump-sum compensation amounting to 20% of the contract value.
We reserve the right to claim higher or lower damages.
The customer may not offset counterclaims not recognized by us, unless the counterclaim is undisputed or has been legally decided in favour of the customer.
7. Warranty and compensation
If the delivered goods are defective or lack warranted characteristics, the customer must notify us in writing of any recognizable defects immediately after they become apparent, but at the latest within 6 months of receipt, even if the customer has previously been sent a selection sample. In the event of timely notification of defects, we shall have the right to choose between subsequent delivery, replacement delivery, repair or reimbursement of the value of the goods.
If we do not make use of this right within a reasonable period set by the customer, the customer shall be entitled to reduce the price or withdraw from the contract.
The customer shall also be entitled to this right if subsequent improvements or replacement deliveries fail.
Further warranty claims as well as claims for damages of any kind, including claims for compensation for consequential damages and costs, are excluded, unless they are based on intent or gross negligence on our part.
Color deviations in subsequent deliveries are excluded from the warranty. Unless a general warranty declaration is issued for individual items, we shall only assume a warranty if an express written warranty promise has been made.
8. Shipment, transfer of risk
In the absence of special instructions, shipment shall be made at our discretion without guarantee of the cheapest transport route. Shipment, including any returns, shall be at the expense and risk of the customer. The risk shall pass to the customer as soon as the delivery item leaves our business premises or warehouse, even if carriage paid delivery has been agreed as an exception.
If dispatch is delayed through no fault of our own, notification of readiness for dispatch shall be deemed equivalent to dispatch.
9. Place of performance, place of jurisdiction and applicable law
The place of performance and jurisdiction for all obligations arising from the contractual relationship is Westerburg.
The contractual relationship shall be governed exclusively by the law of the Federal Republic of Germany. The application of international sales law (IKG) is excluded. Should one of the above conditions be invalid, this shall not affect the legal validity of the other provision.
10. Reference to data protection law
We would like to point out that the data arising in connection with the contractual relationship will be stored (§ 26, para. 1 Federal Data Protection Act).