Terms and Conditions
Conditions of Use
General terms and conditions and customer information (B2B)
1. scope of application
1.1. Our quotes are subject to final sales, contract and are without obligation. Contracts only take place either by our fulfilment on the basis of customer orders or by our written confirmation of order. This also and specially applies to orders brought about by our representatives. The order confirmations stand with the profiso of delivery possibility; delivery dates are not binding.
1.2 The rights out of this contract are not transferable.
2.1. Delivery is constrained an at the risk of the customer. The risk passes on to the customer upon shipment. Shipment place and way of shipment are subject of our choice.
2.2. We are entitled to make part shipments and to put them separately to the customer’s account against payment obligation of the customer.
2.3. A compensation commitment on the basis of non-compliance is only given, if the damage was caused deliberately or bad negligently by us or our performance assistants. A further liability, also if on delay, is excluded.
3. Terms of payment
3.1. The prices are without obligation; our list prices on the day of delivery are authoritative, as far as no firm prices are confirmed explicitely.
3.2. We are entitled to effect delivery against cash in advance, on account or cash on delivery. Invoices are payable within 30 days after issue of invoice. 3.3. Authorized for encashment are only employees who can produce a written authorization for encashment.
3.4. After expiration of the payment term of 30 days arrears of the customer begins. Upon delay of payment we are authorized to charge interest in the amount of 5% over the respective discount rate of the „Deutsche Bank" from the beginning of delay.
3.5. The acceptance of a draft or cheques is not valid payment, only after our account is credited.
3.6. A setting of accounts by the customer only can be made with counter claims identified undisputed or legally.
4.1. We do not accept warranty claims for insignificant technical differences as to nature, quality, colour and other features.
4.2. The buyer is obliged to check the delivered goods immediately after receiving them in order to notice any reclamation or defects, also to examine possible transport defects and let us know any defects within 8 days latest after delivery by writing. Transport defects have to be confirmed by the forwarding agency immediately after customer has received goods. In case the customer gives offence to this obligation on occurring of obvious every guarantee claim is excluded.
4.3. If any faults occur we are responsible for we are by choice entitled or obliged to a repair of exchange delivery. On our delay the customer is authorized either to demand a reduction of the prices or cancellation of the contract.
4.4. Compensation commitments resulting of impossibility of performance, non-fulfilment, positive contract offense, incur by closing of contract or prohibited action are only given, if the defect was caused by us or our assistants deliberately or bad negligently.
4.5. The repair or setting of claim can be made subject of the fact, that the contract price, as far as it is not yet paid by the customer, will be paid by cash on delivery stroke for stroke in return of repair or replacement.
4.6. For the rest further warranty claims are excluded.
5. Retention of Title
5.1. We reserve the title to all delivered goods until all claims against the customer, independent of the legal reason, are fulfilled.
5.2. The buyer is authorized to sell the material under restriction in an orderly business transaction. In case he is on arrears with the payment of the according delivery invoice, this authorization is excluded. Claims resulting from the selling on of the material under restriction will be passed on to us in full extent to our guarantee, whereas this abdication will already be accepted now. The buyer will be authorized revocably to collect the claim passed on to us in his own name to our account. Upon arrears of the customer we are entitled to inform the retailers of the abdication and to claim the payment from them. The buyer is obliged to state the names and addresses and the purchase demands agreed on of the retailers.
5.3. Moreover the material under restriction may not be mortgaged, rented, lended, made a present of or transferred. Taking hold of the material under restriction from third persons have to be announced to us immediately, upon offence against this obligation the buyer is obligatory to compensation.
6. Place of execution legal jurisdiction for all disputes resulting from this contract is Gelnhausen/Germany.
7. In case one of these terms gets ineffectual, the effectiveness of the remaining contract is not affected. The ineffective definition is to assimilate with the legal and efficient purpose, as far as an effective settlement therefore can be achieved.
8. Data Protection
8.1 In accordance with its obligations under the Data Protection Act, USG points out that it will electronically store the data of the contractual partners required to carry out the business process.
9. Applicable law
9.1 The mutual obligations arising from the contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods (UN Sales Convention CISG).
9.2 The place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is the registered office of USG.
9.3 Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally permissible provision that comes closest to the economic purpose of the invalid provision or fills the gap.