[et_pb_section fb_built=”1″ admin_label=”About” _builder_version=”4.27.5″ hover_enabled=”0″ global_colors_info=”{}” custom_margin=”-60px||||false|false” sticky_enabled=”0″][et_pb_row _builder_version=”4.27.4″ global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.27.4″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.27.5″ _module_preset=”default” header_2_font=”|600|||||||” header_2_font_size=”45px” global_colors_info=”{}”]<\/p>\n
[\/et_pb_text][\/et_pb_column][\/et_pb_row][et_pb_row _builder_version=”4.27.4″ custom_margin=”||||false|false” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.27.4″ text_font=”||||||||” text_font_size=”15px” text_line_height=”2em” custom_margin=”0px||||false|false” text_font_size_tablet=”” text_font_size_phone=”14px” text_font_size_last_edited=”on|phone” locked=”off” global_colors_info=”{}”]<\/p>\n
1. Offer and Contract Content<\/strong><\/span> 2. Prices<\/span><\/strong> 3. Delivery<\/span><\/strong> 4. Delivery Time<\/strong><\/span> 5. Force Majeure<\/strong><\/span> 6. Payment<\/strong><\/span> 7. Security<\/strong><\/span> 8. Condition of Goods, Complaints, Warranty<\/strong><\/span> 9. Statute of Limitations<\/strong><\/span> 10. Liability (Damages)<\/strong><\/span> 11. Taxes and Customs<\/strong><\/span> 12. Data Protection<\/strong><\/span> 13. Place of Performance, Applicable Law, and Jurisdiction<\/strong><\/span> 14. Binding Nature of the Contract<\/strong><\/span> Status: January 2017 <\/strong><\/p>\n <\/strong><\/p>\n <\/strong><\/p>\n [\/et_pb_text][et_pb_divider _builder_version=”4.27.5″ _module_preset=”default” color=”#42164E” divider_weight=”3px” width=”20%” hover_enabled=”0″ sticky_enabled=”0″][\/et_pb_divider][et_pb_text _builder_version=”4.27.5″ _module_preset=”default” header_2_font=”|600|||||||” header_2_font_size=”45px” hover_enabled=”0″ global_colors_info=”{}” sticky_enabled=”0″]<\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.27.5″ _module_preset=”default” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n 1. General<\/strong><\/span> 2. Inquiry<\/strong><\/span> 3. Order<\/strong><\/span> 4. Prices, Quality Determination, and Billing Partner<\/strong><\/span> 5. Invoicing and Payment 6. Warranty<\/strong><\/span> 7. Assignment, Transfer of Contract Execution<\/strong><\/span> 8. Delivery Date, Shipping, and Transfer of Risk<\/strong><\/span> 9. General<\/strong><\/span> 10. Liability<\/strong><\/span> 11. Place of Performance, Jurisdiction, Application of German Law<\/strong><\/span> Status: January 2017<\/strong> <\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" I. General Terms of Sale1. Offer and Contract ContentOur offers are non-binding unless we specify a fixed validity period. Commitments only become binding for us when confirmed by us in writing, by qualified electronic means, or in text form in accordance with Section 127 of the German Civil Code (BGB). Our terms and conditions are […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"class_list":["post-844","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.kehrbaum.de\/en\/wp-json\/wp\/v2\/pages\/844","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.kehrbaum.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.kehrbaum.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.kehrbaum.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.kehrbaum.de\/en\/wp-json\/wp\/v2\/comments?post=844"}],"version-history":[{"count":2,"href":"https:\/\/www.kehrbaum.de\/en\/wp-json\/wp\/v2\/pages\/844\/revisions"}],"predecessor-version":[{"id":846,"href":"https:\/\/www.kehrbaum.de\/en\/wp-json\/wp\/v2\/pages\/844\/revisions\/846"}],"wp:attachment":[{"href":"https:\/\/www.kehrbaum.de\/en\/wp-json\/wp\/v2\/media?parent=844"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
Our offers are non-binding unless we specify a fixed validity period. Commitments only become binding for us when confirmed by us in writing, by qualified electronic means, or in text form in accordance with Section 127 of the German Civil Code (BGB). Our terms and conditions are decisive for our sales, unless otherwise agreed in writing. Deviating terms and conditions of the buyer are only valid if we acknowledge them in writing. By accepting our delivery, our terms are acknowledged.
Product samples are considered non-binding viewing samples. Analysis data, unless expressly agreed otherwise, are to be regarded as average values. Sampling and analysis are carried out according to DIN and ISO standards. <\/p>\n
Unless otherwise stipulated, the prices and costs from the present offer valid on the day of delivery, plus statutory value-added tax, shall apply.<\/p>\n
Unless otherwise agreed, we are not obliged to deliver from a specific origin or brand, or from a specific plant or warehouse. The following shall be decisive for determining the delivery weight or quantity: a) for deliveries by rail and road, the weighing slips or delivery notes from the supplying plant or dispatch warehouse;
b) for deliveries by water, the calibrated weight from the loading points. Our delivery obligation is subject to timely and proper self-supply. This reservation does not apply if we are responsible for the impediment to performance.
The supplier is entitled to assign its claims arising from deliveries and services for financing purposes.
For deliveries and services to customers abroad, it is expressly agreed that all costs of legal prosecution by the supplier in the event of the customer’s default in payment, both judicial and extrajudicial, shall be borne by the customer.<\/p>\n
Delivery dates or periods requested by the buyer are not binding for us unless expressly agreed in writing, but will be adhered to as far as possible. Unless otherwise agreed, we deliver ex works (Incoterms 2000).
Failure to comply with legally binding agreed delivery periods or dates entitles the buyer to withdraw from the contract under the statutory conditions, provided we are responsible for the non-compliance. If we are not responsible for the non-compliance, we are entitled to make a subsequent delivery or withdraw from the contract. <\/p>\n
Operational disruptions, shutdowns, restrictions, official orders with or without legal basis, including a subsequent lapse or non-issuance of import or export licenses in the country of origin or the introduction of new or not merely insignificant increases in taxes and duties related to the goods or their export, wagon shortages, traffic blockades, labor shortages, strikes and lockouts, regardless of whether they occur due to breach of contract or as a result of prior termination, as well as elemental disturbances such as storms, floods, and fires, and generally all events and circumstances beyond our control or that cannot be achieved with reasonable technical and economic effort, as well as their consequences that hinder or delay our performance or that of our sub-suppliers or shipment, entitle us to restrict, postpone, or wholly or partially withdraw from the contract. This does not establish liability for damages, except in cases of intent or gross negligence. <\/p>\n
Invoice amounts are, unless otherwise agreed regarding due date, payable immediately upon receipt of the invoice, at the latest 14 days after the invoice date, without deduction or right of retention. Payment is considered received on the day we can dispose of the amount. We do not accept bills of exchange. In the case of checks, payment is only considered made upon unconditional clearance. Collection costs for checks shall be borne by the buyer. We assume no liability for timely presentation, posting, notification, and dishonor of checks. The buyer may only offset claims with an undisputed or legally established claim.
In the event of the buyer’s default in payment, we may, without prejudice to further rights, declare our other claims against them immediately due and payable and demand payment.<\/p>\n
We retain title to the delivered goods until full payment of all deliveries. The buyer must store our retained property separately until resale or consumption in the ordinary course of business and mark it as such in an appropriate manner upon our request. If the buyer is in default of payment, we are entitled to demand the return of the goods delivered under retention of title even without withdrawing from the contract; Section 449 II BGB does not apply. Unless expressly declared, our demand for return does not constitute a declaration of withdrawal.
If the goods are resold before the full purchase price is paid, the claim accruing to the buyer from the resale shall take the place of the goods, and this claim is hereby assigned to us. All assignments of payment claims from the resale of the fuels supplied by us that have already occurred must be communicated to us at the latest upon conclusion of the contract. Subsequent assignments are inadmissible. Pledging or collateral assignments of the reserved goods are not permitted to the buyer. The buyer is obliged to notify us immediately in the event of third-party access to the goods subject to retention of title or the purchase price claim that has replaced them.
In the event of seizure, the buyer is obliged to send us the seizure protocol and an affidavit stating that the seized items are our property.
If the goods delivered by us are mixed, blended, or combined with other goods, we shall acquire co-ownership of the resulting goods (Section 948 BGB). Our co-ownership share shall be determined by the ratio of the purchase prices of the previously separate goods. If the new goods created are waste or cannot be economically used for other reasons, we are entitled to waive our security rights by declaration to the buyer or any co-owner. If the goods delivered by us are processed by the buyer or their contractual partners (Section 950 BGB), this processing is deemed to be carried out for us, i.e., we acquire ownership of the processed goods. The ownership accruing to us under this paragraph shall be held in safekeeping for us free of charge by the buyer or their contractual partners. In the event of resale, Paragraph 2 of this clause (assignment of the purchase price claim) shall apply accordingly.
For inspection and for the purpose of legitimate repossession of our collateral, the buyer grants us access to the collateral.
We are entitled to invoke the defense of uncertainty (Section 321 BGB), among other things, if a trade credit insurer reduces the permissible credit limit for transactions with the buyer by at least 50%. <\/p>\n
Fluctuations in the condition or appearance of the delivered goods, insofar as they do not exceed the usual or legally prescribed limits, do not entitle the buyer to claims for defects. Unless otherwise agreed in writing, no specific condition is agreed for untreated or unprocessed natural products. If natural products are washed, classified, dried, pressed, ground, or otherwise processed by us or our sub-suppliers, a warranty obligation only exists for the properness of this processing.
Quality and durability guarantees (Section 443 BGB) are generally not assumed by us. Liability for defects is excluded if the buyer or subsequent owners of the goods supplied by us have mixed or altered them with other products, unless the mixing or alteration did not cause the defect.
If the goods are collected by the buyer at the
plant\/dispatch warehouse, complaints about obvious defects must be made immediately on site and confirmed in writing or by fax without delay. Otherwise, obvious defects must be reported to us in writing or by fax within 2 days of receipt of goods, with confirmation. Hidden defects must be reported in writing or by fax within 2 days of discovery. In the absence of or improper complaint, the goods shall be deemed approved. The buyer must leave the complained quantities untouched for our inspection. We only recognize samples for forwarding to testing facilities as authoritative if they are taken in the presence of a person authorized by us. If the buyer has already forwarded defective goods supplied by us to a consumer, they must inform us immediately about the settlement of legitimate claims by the end consumer. For justified complaints, we initially only provide replacement in kind. If the contractually compliant replacement delivery fails for reasons for which we are responsible or is unreasonably delayed by us, the buyer may, at their discretion, withdraw from the contract or demand a reduction. Withdrawal from the contract due to insignificant material defects is excluded. Recourse claims of the buyer according to Section 478 BGB remain unaffected. <\/p>\n
Claims arising from contractual breaches of duty caused by us through slight negligence or not at fault expire one year from the act of breach; for claims for defects, this period begins upon delivery. In cases of gross negligence, the statutory provisions apply. <\/p>\n
For damages, regardless of the legal basis and whether direct or indirect damage is involved, we are only liable insofar as the damage was caused by us or our vicarious agents intentionally or through gross negligence, or if there is a culpable injury to life, body, or health, or if we fraudulently concealed a defect. Furthermore, any mandatory liability, e.g., under the Product Liability Act and in case of breach of an essential contractual obligation, remains unaffected. Liability for unforeseeable and untypical damages is excluded in all cases, unless insurance coverage exceptionally exists. <\/p>\n
The buyer is responsible for complying with the tax and customs regulations to be observed on their part. They must indemnify us against all disadvantages incurred by us due to the violation of legal provisions. <\/p>\n
The buyer agrees that we or entities commissioned by us may electronically store or process important data of the business relationship with the buyer.<\/p>\n
The place of performance for delivery is Ladbergen. German law applies, excluding international private law and the UN Convention on Contracts for the International Sale of Goods. In the event of disputes, the place of jurisdiction for both parties is Ladbergen. <\/p>\n
The contract and these General Terms and Conditions remain binding in their other parts even if individual provisions are invalid. <\/p>\nII. General Terms of Purchase<\/span><\/h2>\n
Unless otherwise agreed in writing, the following terms and conditions apply to our orders. If special conditions are agreed upon for specific orders or attached to the order, the General Terms and Conditions apply subordinately and supplementarily. We hereby expressly object to any differing terms and conditions of the seller; they are \u2013 even if mentioned in the order acceptance \u2013 only valid if expressly acknowledged by us in writing. The same applies if we accept the ordered goods in whole or in part or make payments. At the latest, upon commencement of the execution of our order by the seller, our following terms and conditions shall be deemed accepted. <\/p>\n
Offers must correspond to the inquiry and are generally binding, unless the offeror expressly reserves the right to make them non-binding. All offers are free of charge for us. Compensation for unplaced orders will not be granted. <\/p>\n
Only written orders are legally binding. Oral agreements require written confirmation. Contracts concluded with us as the ordering party are always fixed-date transactions within the meaning of Section 376 of the German Commercial Code (HGB) of the Federal Republic of Germany. <\/p>\n
The agreed prices are fixed prices and, unless otherwise agreed, apply ex works. For the final settlement, the dispatch weight determined by empty and full weighing in the warehouse after our collection of the goods shall apply.
Regarding the chemical and physical properties of the goods, for all deliveries, the values determined by us, or by an expert acting on our behalf, shall be decisive for determining the quality delivered and for any billing based thereon. This only applies insofar as we expressly acknowledge quality specifications or certificates from the seller. We are entitled to a reasonable period for the preparation of the quality report. Unclear or incorrect material descriptions on waybills and delivery notes are irrelevant for billing and do not oblige us to make any special objection. <\/p>\n
<\/strong><\/span>The invoice must be submitted in duplicate immediately after delivery or service, separately \u2013 i.e., not with the shipment. Value-added tax must be shown separately. For monthly deliveries or services, the invoice must be issued by the 5th working day of the following month at the latest. Partial invoices must be marked as such. Payment of the invoice shall be made, unless otherwise agreed, by the end of the month following the month in which we received all original documents required under the contract and the complete delivery or service was rendered to us. <\/p>\n
The seller knows the intended purpose of the contractual performance and warrants its suitability for that specific purpose. The seller warrants that their delivery or service has the assured properties, complies with recognized technical standards, and is not afflicted with defects that negate or diminish its value or suitability for ordinary use or the use presupposed at the time of ordering. They further warrant that the goods are not encumbered with third-party rights. The warranty period extends for one year after proper delivery, unless otherwise agreed or the statutory period is longer. For hidden defects, double the period applies. If acceptance of the goods by us is provided for, the warranty period only begins after our declaration of acceptance. For defects reported by us within the warranty period, our claims expire no earlier than six months after the complaint is raised. If a defect occurs within the warranty period, we are entitled, at our discretion, to demand rescission of the purchase contract (cancellation), a reasonable reduction of the purchase price (reduction), rectification of the defect by repair, or replacement delivery from the seller.
The seller guarantees that the delivered material is free of explosive devices, objects suspected of being explosive, closed hollow bodies, and radioactive substances. In this respect, the seller is obliged to thoroughly inspect the goods before delivery to us. Should contaminated parts nevertheless be found, all costs incurred by such a delivery contrary to agreement, in particular for examination, segregation, securing, storage, additional transport costs, treatment, disposal, and any fines, shall be borne by the seller. Furthermore, the seller is liable for any personal injuries arising therefrom. To the extent legally permissible, the seller is obliged to take back the contaminated substances. <\/p>\n
Without our express written consent, the seller may not transfer the execution of the contract or their contractual claims, either wholly or in part, to third parties. We will not unreasonably withhold consent to the assignment of claims if we have no counterclaims. <\/p>\n
The delivery dates agreed with us are fixed dates and must therefore be strictly adhered to; otherwise, we are entitled, at our discretion, to demand subsequent delivery and damages for delayed delivery or damages for non-performance, or to withdraw from the contract. A premature delivery made without our consent does not affect the warranty or payment period tied to the scheduled delivery date. If, in cases of force majeure, strike, or lockout, the fulfillment of our contractual obligations becomes impossible or significantly more difficult, we may cancel the contract in whole or in part or extend the execution to a later date, without the seller having any claims against us arising therefrom. If prompt delivery was agreed, delivery must take place within 1 week of the order. Shipping notifications must be submitted to us immediately upon dispatch for each shipment. The shipping notifications must contain precise details about the contents, listing individual weights, items, etc. The seller bears the transport risk; otherwise, the risk transfers to us at the earliest upon our acceptance of the goods at the agreed receiving point. The seller or their authorized representative must have the correct receipt of all shipments certified by the receiving point. For deliveries free to the receiving point, shipping and receiving connection fees, as well as ancillary fees and other expenses, shall be borne by the seller. For truck deliveries, a delivery note must always be enclosed.<\/p>\n
The General Terms of Purchase apply mutatis mutandis to other types of contracts, in particular contracts for work and services and contracts for the supply of goods to be manufactured or produced. Should individual provisions of these General Terms of Purchase be wholly or partially invalid, these terms shall otherwise remain fully effective. The parties already agree that the invalid provision shall be replaced by a valid regulation acceptable to both contracting parties that economically comes closest to the purpose intended with the invalid regulation. The use of our order for advertising purposes is not permitted. The seller must maintain strict confidentiality regarding the content of our purchase negotiations and contracts, especially materials, quantities, delivery conditions, and prices, and is obliged to compensate us for damages in the event of a breach of this duty of confidentiality. <\/p>\n
Claims for damages directed against us or our employees \u2013 regardless of the legal basis \u2013 are limited to intent or gross negligence.<\/p>\n
The place of performance for delivery or service is the receiving point designated by us; the place of payment is Ladbergen in the Federal Republic of Germany or the location of the ordered business office. Ibbenb\u00fcren in the Federal Republic of Germany is agreed as the place of jurisdiction \u2013 without prejudice to our right to file a lawsuit at any legally established place of jurisdiction. This also applies to the assertion of claims by means of dunning proceedings.
For all legal relations between us and the seller, only the law of the Federal Republic of Germany applicable to the legal relations of domestic parties at our registered office shall apply, to the exclusion of foreign law.<\/p>\n