Terms of Service & Conditions of Puchase
- Terms and Conditions
1.1. For all orders of the company Carbon Wacker GmbH only the present conditions are valid, unless otherwise expressly agreed. Conditions of the contractor in its terms and conditions or order confirmation is hereby contradicted. Unconditional acceptance of order confirmations or deliveries does not constitute acceptance of such terms. 1.2. With first delivery to the present conditions of purchase, the supplier also recognizes its exclusive validity for all further orders. 1.3. Orders and orders are binding if issued in writing or confirmed in writing. 1.4. For all contracts, the company Carbon Wacker GmbH has the right to terminate without observance of any deadline at the end of the month. In the case of ineffectiveness of the aforementioned regulations, the law applies.
2. Deliveries and Shipping 2.1. Delivery shall be made in accordance with the order or the subsequent instruction of the company CarbonWacker on the agreed dates. The contractor will promptly announce changes to the dates. 2.2. The contractor must comply with the shipping regulations of the company CarbonWacker and the freight forwarder or carrier. In all shipping documents, letters and invoices the order and article numbers of the company CarbonWacker are indicated.
2.3. Costs of transport including packaging, insurance and all other ancillary costs shall be borne by the contractor, unless expressly agreed otherwise.
3. Delivery times, delivery dates
3.1. If the service is not fully or partially fulfilled on the agreed date, we shall be entitled to withdraw from the contract without setting a grace period or to demand damages for late performance or non-performance of the service. The same applies to partial services with regard to outstanding services if the supplier does not fulfill even a partial service by the agreed date.
3.2. The delivery times or dates stated in the orders are binding and are to be understood as arriving at the place of performance.
3.3. The company Carbon Wacker is entitled to refuse the acceptance of goods that are not delivered at the delivery date specified in the order, and to return them at the expense and risk of the contractor or to store them with third parties.
4. Quality and Acceptance
4.1. The contractor warrants that the goods comply with submitted specifications, relevant standards and the state of the art.
4.2. For dimensions, weights and quantities of a delivery, the values determined during the incoming goods inspection are binding.
4.3. In the case of an agreed contractual penalty for late delivery, the right to a contractual penalty remains even if it is not expressly asserted upon acceptance of the delivery. Further claims remain without special reservation at acceptance.
5. Prices and terms of payment
5.1. Agreed prices are maximum prices; Price reductions in the time between order and payment of the invoice benefit our company.
5.2. Invoices are to be provided, stating the order and article number, immediately after the goods have been shipped. The sales tax is to be shown separately.
5.3. Payment shall be made subject to due delivery and in terms of pricing and accuracy. If a defect subject to warranty has been determined, CarbonWacker is entitled to withhold the payment until the fulfillment of the warranty obligation.
5.4. Invoices are payable within 14 days less 3% discount, within 30 days net cash from invoicing.
6. Set-off and assignment
6.1. The contractor is only entitled to offset with undisputed or legally established claims.
6.2. The assignment of claims against the company Carbon Wacker is effective only with their written consent.
7.1. The supplier guarantees contractually goodness and quality of the service for a period of one year after commissioning or use, if necessary after rectification of objectionable defects, in particular the supplier is liable for the fact that the object of performance has the assured or tacitly assumed properties according to the contract, all relevant regulations and is provided with all facilities that require the law, the regulations of the relevant professional associations or the commercial use.
7.2. The warranty period is at least 12 months from delivery to the place of performance.
7.3. For replacement deliveries and repair work, the contractor is liable to the same extent as for the original delivery item, including transport, travel and labor costs, without limitation. The warranty period for replacement deliveries begins at the earliest on the day the replacement delivery arrives.
7.4. The contractor is obliged to reimburse reasonable costs for a product recall right. A statement of opinion will be sent as soon as possible to the contractor by CarbonWacker.
- Data protection
Agreement that personal data communicated in accordance with the statutory provisions are processed order-related.
- Jurisdiction and place of fulfillment
The place of performance of CarbonWacker is Gewerbestraße Nord 2, 86857 Hurlach. Jurisdiction is Augsburg.