General Terms and Conditions of Delivery and Payment (GTC)
of the company Förster welding systems GmbH
Our offers are subject to change without notice. Transactions and agreements only become binding upon our written order confirmation.
Other terms and conditions require our express written approval; in particular, deviating or supplementary general terms and conditions of the customer do not become part of the contract. They will not be accepted even if we do not expressly object to them again after receipt. Our terms of delivery and payment are deemed accepted upon receipt of our goods at the latest.
The delivery period begins with the dispatch of the order confirmation, but not before the provision of any documents, approvals, and releases required by the customer, as well as before receipt of an agreed down payment.
The delivery period is met if, by the expiry of the delivery period, readiness for dispatch has been communicated or the delivery item has left the factory. The delivery period shall be extended in the event of industrial action, particularly strikes and lockouts, as well as in the event of unforeseen obstacles beyond our control, e.g., operational disruptions or delays in the delivery of essential materials, provided that such obstacles demonstrably have a significant impact on the delivery of the delivery item. This also applies if the circumstances occur at subcontractors. The delivery period shall be extended in accordance with the duration of such measures and obstacles. We are not responsible for the aforementioned circumstances, even if they arise during an existing delay. In important cases, we will notify the customer of the start and end of such obstacles as soon as possible. Partial deliveries are permissible within the delivery periods specified by us, provided they do not result in disadvantages for use.
III. Scope of delivery
The scope of delivery is determined by our written order confirmation.
We reserve the right to make design or shape changes due to technological improvements or legal requirements during the delivery period, provided the delivery item is not significantly modified and the changes are reasonable for the customer.
If the customer withdraws from an order without justification, we may, without prejudice to the right to claim higher actual damages, demand 10% of the price for the costs incurred in processing the order and for lost profits. The customer reserves the right to prove that the damages were less.
Packaging becomes the property of the customer and is charged by us. Postage and packaging costs will be invoiced separately. We choose the shipping method at our sole discretion.
The purchaser is obligated to accept the delivery item. Unless otherwise agreed (delivery by us), handover will take place at the headquarters of Förster welding systems GmbH. The purchaser is entitled to inspect the delivery item at the handover location within fourteen days of receipt of the notification of readiness or other notification of completion. The purchaser is obligated to accept the delivery item within the same period, unless he is temporarily prevented from accepting it through no fault of his own.
If the purchaser intentionally or grossly negligently delays acceptance of the purchased item for more than fourteen days from receipt of the notification of readiness, we are entitled, after setting a grace period of a further fourteen days, to withdraw from the contract or demand compensation for non-performance. Setting a grace period is not necessary if the purchaser seriously or definitively refuses acceptance or is clearly unable to pay the purchase price even within this period. The risk shall pass to the purchaser upon handover of the delivery item to the purchaser or a supplier, as well as upon the occurrence of default in acceptance. If the purchaser declares that he will not accept the delivery item, the risk of accidental loss or accidental deterioration of the delivery item shall pass to the purchaser at the time of refusal.
VII. Price changes
Price changes are permissible if more than four months elapse between the conclusion of the contract and the agreed delivery date. If wages, material costs, or market purchase prices increase thereafter until completion of the delivery, we are entitled to increase the price appropriately in line with the cost increases. The purchaser is only entitled to withdraw from the contract if the price increase significantly exceeds the increase in the general cost of living between the order and delivery.
If the purchaser is a merchant, a legal entity under public law, or a special fund under public law, price changes are permissible in accordance with the aforementioned provision if more than six weeks elapse between the conclusion of the contract and the agreed delivery date.
VIII. Warranty
We assume liability for defects in the delivered goods as follows:
a) During a period of twelve months after receipt of a new delivery item, the purchaser is entitled to have defects rectified (repair). If we are unable to remedy a defect covered by our warranty (failure of repair) or if further attempts at repair are unreasonable for the purchaser, the purchaser may demand rescission (cancellation of the contract) or reduction (reduction of the price) instead of repair. Warranties for used goods are not accepted; they are sold as is.
b) Natural wear and tear is excluded from the warranty in all cases. We are only liable for further claims and rights in cases of intent and gross negligence. Otherwise, liability is excluded. c) Deliveries of goods must be inspected for transport damage immediately upon receipt, even before the freight document is confirmed. To avoid hidden damage, the packaging must be removed. Any damage must be noted on the goods receipt or the goods must be refused. Deformations of our products that deviate from the inspection report will not be accepted retrospectively. The completeness of the delivery must be checked immediately, and any complaints submitted to us no later than the day following receipt of the goods.
We reserve title to the delivered items until payment is received.
In the event of breach of contract by the customer, particularly in the event of late payment, we are entitled to take back the items after issuing a reminder, and the customer is obligated to surrender them. The assertion of retention of title and the seizure of the delivered items by us shall not be deemed a withdrawal from the contract unless the provisions of the Consumer Credit Act apply or this is expressly declared by us in writing. For use with merchants, a legal entity under public law, or a special fund under public law, the following also applies: The customer is entitled to resell the delivered items in the ordinary course of business; however, the customer hereby assigns to us all claims arising from the resale in the amount of the purchase price agreed between us and the customer (including VAT), regardless of whether the delivered items are resold without or after processing. The customer is authorized to collect these claims after their assignment. Our authority to collect the claims ourselves remains unaffected; However, we undertake not to collect the claims as long as the customer duly fulfills his payment obligations and is not in default. If this is the case, however, we can demand that the customer disclose the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents, and notify the debtors (third parties) of the assignment. The processing or transformation of the goods by the customer is always carried out for us. If the delivery items are processed with other items that do not belong to us, we acquire co-ownership of the new item in proportion to the value of the delivery items to the other processed items at the time of processing. If the delivery items are inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item in proportion to the value of the delivery items to the other mixed items. The customer shall hold the co-ownership for us. The customer may neither pledge the delivery items nor assign them as security. In the event of seizures, confiscations, or other dispositions by third parties, the customer must notify us immediately and provide us with all information and documents necessary to protect our rights. Enforcement officers or third parties must be informed of our ownership.
We undertake to release the securities to which we are entitled at the customer’s request if the value of the securities to be secured, if not yet settled, exceeds the value of the outstanding claims by more than 20%.
Claims for damages based on tort are excluded unless the damage was caused intentionally or through gross negligence. This also applies to actions by our vicarious agents and vicarious agents.
The price and any fees for ancillary services are due upon delivery of the delivery item.
Checks and bills of exchange are only considered payment upon redemption. Acceptance of bills of exchange always requires a prior written agreement with us. Upon acceptance of bills of exchange, bank discount and collection fees will be charged. These fees must be paid immediately in cash. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the retention of payments due to any counterclaims of the customer not recognized by us is not permissible, nor is offsetting such claims.
XII. Place of performance and jurisdiction
The place of performance is Chemnitz.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, all disputes arising from this contractual relationship shall be brought before the court having jurisdiction over our headquarters. We are also entitled to bring legal action at the customer’s headquarters.
XIII. Miscellaneous
Any transfer of the customer’s rights and obligations arising from the contract concluded with us requires our written consent to be effective.
Should any provision be or become invalid, the validity of the remaining provisions shall remain unaffected.