GTC of WALTHER Faltsysteme GmbH

Clear rules for a good partnership. The Conditions of WALTHER Faltsysteme GmbH ensure the fair operation of our business relationship.

 

Delivery and Payment terms WALTHER Faltsysteme GmbH

01.Scope and limits

• • 1.1 The financial management of orders carried out to attempting the Terms and Conditions.
    
    
  • 1.2 "customer" within the meaning of these terms and conditions are natural or legal persons or partnerships with legal personality, the order for commercial, independent or freelance purposes. 
    
    
  • 1.3 Our Customer Service is available for any questions or comments you may have. You can contact us as follows:
    
    Phone: +49 (0)2832 – 9723 – 0
    Reachable from Mon – Thu 8.30 – 17.30 clock and Fri 8.30 – 15.00 clock.
    Telefax: +49 (0)2832 – 9723 – 23
    E-Mail: info@faltbox.info
    
    
  • 1.4 Unless otherwise specifically agreed in writing, our prices are ex-works or ex-warehouse (excluding packaging and VAT at the applicable rate). Our quoted delivery times are approximate.
    
    
  • 1.5 The prices are valid from the date the contract is concluded in four months. In agreement of a delivery period of more than four months, we are entitled, in the meantime for the procurement, manufacture, delivery, etc. incurred cost increases, including the conditional through legislative change (eg increase in VAT) to pass through price increases to a corresponding extent to the purchaser.
  • 1.6 The presentation of products in our online shop is not a legally binding offer, but a non-binding online catalog. By clicking the order button you place a binding order for the goods contained in the basket. The confirmation of receipt of your order takes place directly via e-mail after sending the order and does not constitute an acceptance of the contract. 
    
    
  • 1.7 Plus more being added freight costs to the stated product prices.
    
    
  • 1.8 Contractual additions, alterations or verbal subsidiary agreements require our written confirmation. 
    
    
  • 1.9 If delivery times are measured in days, working days are meant. Among them understand all weekdays except the weekend and public holidays.
    
    

• 02. Contract language, Parties or end of
  • 2.1 The purchase contract is concluded with the Folding Systems GmbH. 
    
    
  • 2.2 The time available for the contract language is German. 
    
    
  • 2.3 A binding contract takes effect with the transmission of an order confirmation in a separate e-mail, but no later than upon delivery of the goods ordered. 
    
    
• 03. Delivery 
  • 3.1 We do not assume any procurement risk.
    
    
  • 3.2 Partial deliveries are permitted in reasonable and reasonable extent. 
    
    
  • 3.3 If we are not supplied on time despite a timely completed, adequate hedging transaction by which we are not the circumstances of our suppliers or occur malfunctions caused by force majeure, which affect the production and / or transport of the delivered goods proven, and we have the clients immediately informed, eliminates our obligation to deliver.
    Malfunctions are all unpredictable, extraordinary obstacles that we can not avert despite reasonable based on the circumstances of the individual case care - regardless of whether they affect us or our suppliers - in particular intervention by the authorities, labor disputes, general commodity - and energy shortages, war, riots, terrorist attacks, major fire, water and damage to machinery. 
    
    
  • 3.4 If the customer insists, despite the impossibility of timely delivery continues to delivery, the delivery time is extended accordingly. 
    
    
  • 3.5 If the above-mentioned malfunctions delivery impossible, we shall be released from the delivery obligation without the buyer can claim damages. Both parties are obliged to notify the other of malfunctions of the aforementioned kind immediately. 
    
    
  • 3.6 Incurred by the contractor because of a debt default by us is demonstrably damaged, the buyer is entitled to demand compensation for the delay. This is for each full week of delay 0.5 out of 100, in total no more than 5 100 from the value of that part of the total delivery which can not be used on time or not according to the contract due to the delay. Any further compensation for damage caused by delay is excluded. For traders, we are liable at most for the damage that is to be expected in case of a delayed delivery in the ordinary course of things, however, subject to proof that a damage caused by delay has not occurred at or lower than expected in the ordinary course of things, failed is , Further claims for damages exist only if the delay is based on intent or gross negligence. 
    
    
• 04. Freight costs
  • 4.1 The shipment will be for the account and risk of the entrepreneur. 
    
    
  • 4.2 By handing over the goods to the carrier, the risk shall pass to the entrepreneur. 
    
    
  • 4.3 If the delivery is not required, this is at our our sole discretion. 
    
    
  • 4.4 You basically have the option to pick up the goods at 
    
    WALTHER Faltsysteme GmbH
    Hoogeweg 136
    D-47623 Kevelaer
    
    The goods dispatch is open from 
    Mon – Thu: 08.00 – 13.00 Uhr / 13.30 – 16.00 clock and
    Fri: 08.00 – 13.00 clock.
    
    We ask it to an appointment to pack the goods lorry justice can.
    
    
  • 4.5 We do not deliver to packing stations. 
    
    
  • 4.6 In case of default, we are entitled to send subsequent deliveries at the expense of the entrepreneur also cash on delivery. 
    
    
  • 4.7 We are entitled, but not obliged, to insure deliveries in the name and on behalf of the principal, unless the employer has previously demanded the insurance in time from us. 
    
    
• 05. Payment
  • 5.1 We offer the following payment conditions to: 
    
    
    • Payment
      With the advance payment, we will provide our bank details in the proforma invoice and deliver the goods after receipt of payment. 
      
      
    • Invoice 
      If you select the payment account are available before the expected receipt of payment and ask you with the bill to settle the gross total within the time stated on the invoice, which begins with the invoice date. 
      
      
  • 5.2 For new customers we reserve a delivery against prepayment. 
    
    
  • 5.3 Our claim for payment is due at the company headquarters. 
    
    
  • 5.4 In case of default of the customer we are entitled, subject to the assertion of further rights, default interest in the amount of 8% above the base rate of the European Central Bank. 
    
    
  • 5.5 The customer has no right of retention, unless it is based on the same contract. 
    
    
  • 5.6 Offsetting can be explained only with undisputed or legally established counterclaims. 
    
    
  • 5.7 If the buyer with a payment under this or any other business in default or should we become aware that indicate a low creditworthiness of the purchaser, we are entitled to make immediately due and all claims resulting from these and other businesses and to be sure the to demand surrender of the goods supplied by us. If after conclusion of a risk of seriously undermining the right to the payment due to us, so we can demand advance payment or collateral within a reasonable period and refuse performance until fulfillment. In case of refusal of the purchaser or fruitless expiry of the deadline, we are entitled to rescind the contract or demand damages for non-performance.
    
    
  • 5.8 Payments will be charged to the respective older receivable, even if the payment is made ​​to certain designated goods. 
    
    
• 06. Warranty and liability
  • 6.1 The Purchaser may only assert claims for defects, if these comply with his obligation under § 377 HGB inspection and complaint properly. 
    
    
  • 6.2 Warranty claims expire 12 months after delivery of the goods supplied by us to our customer. Before returning any goods our consent must be obtained.
    
    
  • 6.3 If, despite all due care, the delivered goods contain a defect that already existed at the time of transfer of risk, we will ship the goods, subject to timely notice under our option or replacement goods delivery (subsequent performance). We must always be given the opportunity to remedy within a reasonable time limit. If the repair is impossible or is refused seriously or permanently, or it is not done in a reasonable time period or are further improvements for a bust of the first rectification unreasonable, the purchaser may - notwithstanding any claims for damages - withdraw from the contract or reduce the remuneration. Excluded from the guarantee are parts that are subject to natural wear. At our discretion, the Purchaser shall make available in case of warranty the defective parts in our works or the Messenger of us technicians to repair. 
    
    
  • 6.4 Claims for damages, especially for damages, which have not occurred to the goods themselves, are excluded. This disclaimer does not apply to intent or gross negligence on our part or our executive employees or agents or for culpable violation of essential contractual obligations. In case of culpable breach of contractual obligations - except in cases of intent or gross negligence on our part or our officers - and gross negligence of our vicarious agents, we shall only be liable for the contract-typical, reasonably foreseeable damage.
    
    
  • 6.5 Low, commercial or technically unavoidable deviations in color, shape, quality of the description of the delivery item or patterns are not considered a defect. Where it is complaint to be unjustified, the customer has to bear the costs incurred by us in this way. 
    
    
  • 6.6 The warranty expires if the customer or third parties carry out without our written consent modifications or repairs to our products, furthermore, if the customer does not immediately take appropriate measures so that we correct the deficiency and thus mitigated the damage and is not greater. 
    
    
• 07. Retention of title
  • 7.1 The goods until full payment of all claims from the contract our property. We are entitled to the goods to take back if the customer breaches the contract. 
    
    
  • 7.2 The purchaser is obliged, as long as the ownership has not been transferred to him to treat the goods with care. Must Wartungsund inspection work is carried out, the Purchaser shall execute them at his own expense. As long as ownership has not been transferred, the purchaser must inform us immediately in writing if the delivered goods are seized or other interference by third parties to us. If the third party is unable to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the buyer is liable for the loss incurred by us.
    
    
  • 7.3 The purchaser is entitled to resell the reserved goods in the ordinary course of business. The claims of the buyer arising from the resale of the reserved goods, the ordering party already now to us in the amount of the mutually agreed final invoice amount (including VAT). This assignment shall apply regardless of whether the purchase item has been resold without or after processing.The purchaser shall remain entitled even after the assignment to collect the receivable. Our authority to collect the claim itself remains unaffected. However, we will not collect the claim as long as the customer meets its payment obligations from the proceeds collected, is not in arrears and in particular no petition is filed for the commencement of insolvency proceedings or suspended payments.
    
    
  • 7.4 Any processing or transformation of the goods by the customer is always the name and on our behalf. In this case, the expectant right of the purchaser continues to the goods at the transformed item. If the purchased item is processed with other items not belonging to us, we acquire joint ownership of the new item in proportion of the objective value of our goods to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing is done in such a way that the purchaser's item is to be regarded as the main item, is deemed agreed that the customer transfers proportional joint ownership and hold the sole ownership or co-ownership for us. To secure our claims against the purchaser of the purchaser also accedes such claims to us on it by the connection of the conditional commodity grown with a plot against a third party; we accept this assignment already now.
    
    
  • 7.5 We undertake to release the securities we are entitled to the purchaser's request if their value exceeds the secured claims by more than 20%.
    
    
• 08. Special
  Unless a commodity for patterns, models, drawings or other information a customer manufacture, we are not liable for errors that result from the documents submitted by the customer. This applies particularly to the function of goods which are manufactured according to a design of the customer. If the customer is the provision of all necessary documentation (samples, models etc.) in default, any agreed delivery deadlines shall be extended accordingly for us. The customer assumes the guarantee that rights of third parties are not infringed by the manufacture and sale of these goods. For all damages arising from the assertion of such rights to us, the customer shall indemnify us. 
  
  
• 09. Transport damages
  If goods are delivered with obvious damages, please complain such mistakes immediately possible the deliverer and please do not hesitate to contact us immediately. The failure of a complaint or contact has for your legal rights and their enforcement, especially your warranty rights no consequences. However, they help us to make our own claims against the carrier or transport insurance. 
  
  
• 10. Contract text storage
  • 10.1 You have the option to call the conditions on either side of our online shop and can be viewed at https://www.faltbox.com/gtc. Additionally, you can print the Terms and Conditions using the print function of your browser.
    
    
  • 10.2 We save the contract data, which include the terms and conditions, and send you the order data and our GTC by e-mail. 
    
    
  • 10.3 If you order through our online store, you can view your past orders in your customer area.
    
    
• 11. Place of performance, applicable law, place of jurisdiction, severability clause 
  • 11.1 The place of fulfillment and exclusive jurisdiction for all disputes arising from this contract is Kevelaer.
    
    
  • 11.2 This contract and the entire legal relations of parties are subject to the law of the Federal Republic of Germany under exclusion of the UN Sales Convention (CISG). 
    
    
  • 11.3 If any provision of this contract be or become ineffective or contain a loophole, the remaining provisions shall remain unaffected.The parties undertake to replace the invalid provision with a legally valid provision which most closely approximates the economic purpose of the invalid provision or fills this gap.