Terms and Conditions (GTC)
Terms of sale and delivery
We deliver exclusively to the following terms of sale and delivery, which also apply to future deliveries. Deviations or side agreements require the express written confirmation of the management.
Any conditions of purchase of the buyer are hereby expressly contradicted. Our offers are non-binding. The contract is only concluded by our order confirmation or by execution of the order. The minimum order value is € 100, or net. Below that, we charge a minimum quantity surcharge of € 11, oo. (Online shop purchases deviating.) As far as our terms of sale and delivery contradict the terms and conditions, they apply only to merchants.
It basically has the prices valid on the day of the order, plus the statutory value added tax. Our prices are ex works or distribution warehouse. The shipping cost is € 11,90 per parcel (up to 30 kg.). Freight costs incurred by express or express delivery are at the expense of the purchaser. Deposits at the place of receipt are at the expense of the recipient.
Shipments not carried out by our fleet travel at the risk of the buyer. Delivery dates are only approximate, unless they have been confirmed in writing as binding. In the event of a deadline violation, the buyer must set us a reasonable period of grace in writing, at the earliest upon expiry of the period of grace, we may be in default. In case of default or impossibility of performance for which we are responsible, the rights of the buyer are limited to the dissolution of the contract. Further claims, in particular claims for damages are excluded, unless we acted deliberately or through gross negligence. Unforeseen events that make it impossible or difficult for us to fulfill our performance entitle us to withdraw from the contract in whole or in part or to postpone our delivery without the buyer being entitled to compensation or subsequent delivery. We are entitled to partial deliveries at any time.
Retention of title:
We reserve the ownership of the delivered goods as long as we still have claims from the current business conditions with the buyer. Our goods may continue to be sold or processed in accordance with the purpose of the contract until further notice, however, they may neither be pledged nor assigned as security. In the case of resale, the purchase price claim will be substituted for the goods up to the amount of our claims and including default interest and legal costs. The purchase price claim is hereby assigned to us as security. We are entitled to assign the claims from our business relationship.
Defects / Warranty / Returns:
The Buyer must inspect the consignment in full, quantitatively and qualitatively as soon as it is received. Complaints due to material defects, wrong deliveries, quantity deviations or other shall, insofar as can be ascertained through reasonable investigations, be asserted in writing without delay - in the case of identifiable defects within an exclusion period of 7 days after receipt of the goods. All complaints must be accompanied by samples of the goods complained about. In case of legitimate complaints, we will deliver shortages or exchange the goods. If a replacement is not possible for us or the replacement is again defective, we will take back the goods at the buyer's option or grant a discount.
Further claims are excluded. Claims for damages of the buyer, of whatever kind, with the exception of those from a product liability law or the product liability itself are excluded, unless it is our intent or gross negligence, the burden. There is basically no right of return, especially for custom or special orders, for the customer. Should we, for reasons of goodwill, take back delivered goods, they must have a minimum shelf life (MHD) of at least 6 months and the buyer bears the costs of the cancellation in the amount of 25% of the invoice amount. The buyer must pay for any loss of value of the goods, if this loss of value is due to a handling of them which is not necessary for the examination of the nature, characteristics and functioning of the goods. Furthermore, a return does not apply to the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal has been damaged or removed after delivery.
Information and advice:
Our information and advice are given to the best of our knowledge and ability, however, without obligation and without obligation. They do not justify a contractual legal relationship and no ancillary obligation. Our information and advice is a voluntary customer service, which does not constitute any liability on our part. Assurances are only binding if made in writing.
Our invoices are payable after invoice date within 8 days net cash. If discount deduction has been agreed, this can only be recognized if all older claims have been paid. We are therefore entitled to offset payments in each case on the older claims. If the buyer defaults on a payment, all claims - including deferred claims - arising from current transactions will be due immediately, unless the buyer provides the required security by providing a bank or savings bank guarantee. This shall also apply in the case of a cessation of payment by the purchaser, an order to commence settlement or insolvency proceedings concerning his assets, individual foreclosure measures against his assets or a bill of exchange or check protest against him. In case of late payment agreed or granted special discounts. Failure to comply with the payment date entitles us to charge default interest in the amount of 4,5% above the respective Bundesbank discount rate, but at least 8,5%, from the due date without any special reminder being required. The assertion of a higher damage or the objection of a lesser damage in the individual case remains reserved. Before payment of due invoice amounts including default interest, we are not obliged to any further delivery from any current contract.
We inform you that we will collect, store, process and use your data as far as necessary for business purposes and within the framework of the Federal Data Protection Act, insofar as this is necessary for proper order and order processing as well as information.
Place of fulfillment / jurisdiction:
Place of fulfillment for services of the buyer and the seller - even when sold freight paid - is basically Würzburg.
Each provision applies to itself (§ 139 BGB), it is always German law as agreed. The export of the products requires our written consent.
Z|R|T | © ZiMMER Reinigungstechnik GmbH | Druck 1/2017 | Terms 1 / 2017 as PDF