General terms and conditions of Rhein Köster GmbH
The scope of the deliveries or services (hereinafter referred to as "deliveries") shall be determined by the written declarations of both parties. However, General Terms and Conditions of the Purchaser shall apply only to the extent that the Supplier or service provider (hereinafter referred to as "Supplier") has expressly agreed to them in writing. The Supplier reserves the unrestricted right of exploitation of its property rights and copyrights to cost estimates, drawings, and other documents (hereinafter referred to as "Documents"). The Documents may only be made accessible to third parties with the prior consent of the Supplier and shall, upon request, be returned to the Supplier without undue delay if the contract is not awarded to the Supplier. Sentences 1 and 2 shall apply mutatis mutandis to Documents of the Purchaser; these may, however, be made accessible to third parties to whom the Supplier may rightfully transfer Supplies. The Purchaser shall have the non-exclusive right to use standard software with the agreed performance characteristics in unchanged form on the agreed equipment. The Purchaser may make one backup copy without express agreement. Partial deliveries shall be permitted, provided they are reasonable for the Purchaser.
Prices and terms of payment
Unless otherwise offered, the prices are ex works including packaging, plus the applicable statutory value added tax.
If the Supplier is responsible for assembly and/or commissioning and unless otherwise agreed, the Purchaser shall bear, in addition to the agreed remuneration, all necessary incidental expenses such as travel expenses, costs for the transport of tools and equipment and personal luggage as well as allowances.
Payments shall be made free of charge to the Supplier's paying agent. The Purchaser may only set off against claims that are undisputed or have been determined by a court of law.
Retention of ownership
The items of the Supplies (Retained Goods) shall remain the property of the Supplier until settlement of all claims to which the Supplier is entitled against the Purchaser under the business relationship. If the value of all security interests to which the Supplier is entitled exceeds the value of all secured claims by more than 20%, the Supplier shall release a corresponding part of the security interests at the request of the Purchaser.
For the duration of the retention of title, the Purchaser may not pledge the Retained Goods or use them as security, and resale shall be possible only for resellers in the ordinary course of their business and only on condition that the reseller receives payment from its customer or makes the transfer of title to the customer dependent upon the customer fulfilling its payment obligations.
In the event of seizure, confiscation or other dispositions or interventions by third parties, the Customer shall notify the Supplier immediately.
In the event of breaches of duty by the Customer, in particular default in payment, the Supplier shall be entitled to withdraw from the contract and take back the goods after the unsuccessful expiry of a reasonable deadline set for the Customer for performance; the statutory provisions on the dispensability of setting a deadline shall remain unaffected. The Purchaser shall be obliged to surrender the goods.
Deadlines for deliveries; Delay
The observance of deadlines for deliveries presupposes the timely receipt of all documents to be supplied by the customer, necessary permits and releases, in particular of plans, as well as the observance of the agreed terms of payment and other obligations by the customer. If these conditions are not fulfilled in time, the time limits shall be extended; accordingly, this shall not apply if the Supplier is responsible for the delay.
If non-observance of the time limits is due to force majeure, e.g. mobilization, war, riot, or similar events, e.g. strike or lockout, the time limits shall be extended accordingly.
If the Supplier is responsible for the delay and the Purchaser demonstrably suffered a loss therefrom, the Purchaser may claim a compensation as liquidated damages of 0.5 % for every completed week of delay, but in no case more than a total of 5 % of the price of that part of the Supplies which because of the delay could not be put to the intended use.
Purchaser's claims for damages due to delayed Supplies as well as claims for damages in lieu of performance exceeding the limits specified in No. 3 above shall be excluded in all cases of delayed Supplies even upon expiry of a time set to the Supplier to effect the Supplies. This shall not apply in cases of mandatory liability based on intent, gross negligence or injury to life, body or health. The Purchaser may only withdraw from the contract within the framework of the statutory provisions if the Supplier is responsible for the delay in delivery. The above provisions do not imply a change in the burden of proof to the disadvantage of the Purchaser.
At the Supplier's request, the Purchaser shall declare within a reasonable period of time whether it withdraws from the contract due to the delayed Supplies or insists on the Supplies to be carried out.
If dispatch or delivery is delayed at the Purchaser's request by more than one month after notification of readiness for dispatch, the Purchaser may be charged, for every month commenced, storage costs of 0.5% of the price of the items of the Supplies, but in no case more than a total of 5%. The contracting parties are at liberty to prove higher or lower storage costs.
Transfer of risk
The risk is transferred to the purchaser as follows, even in the case of carriage paid delivery:
if the Supplies include assembly or erection, at the day of taking over in the own works or, if so agreed, after a fault-free trial run.
If dispatch, delivery, the start or performance of assembly or erection, the taking over in the own works or the trial run is delayed for reasons for which the Purchaser is responsible or if the Purchaser has otherwise failed to accept the Supplies, the risk shall pass to the Purchaser.
Installation and assembly
Unless otherwise agreed in writing, the following provisions shall apply to installation and assembly:
The purchaser may not refuse to accept deliveries due to minor defects.
The supplier is liable for material defects as follows:
Payments plus the applicable value added tax are to be made free of charge to the supplier's paying agent, within 10 days of the invoice date without discount, unless otherwise offered.
If the delivery is delayed for reasons for which the customer is responsible, the date of the notification of readiness for dispatch shall be deemed the date of delivery. For payments of all kinds, the day of performance shall be the day on which the Supplier can dispose of the amount.
If the customer is in default of payment, interest will be charged at a rate of 8 percentage points above the base interest rate, subject to further claims. If the customer is a consumer within the meaning of § 13 BGB, 5 percentage points above the base interest rate of § 247 BGB will be charged.
In the event of cessation of payments or application for the opening of insolvency proceedings, the entire claim of the supplier shall become due immediately.
The above terms and conditions shall also apply analogously to services provided by the supplier. We would like to point out that the above-mentioned general terms and conditions are supplemented by the following conditions:
Illustrations and descriptions
The illustrations, dimensions, descriptions, technical details, and packaging units stated in the respective catalogues are not binding and Rhein Köster GmbH expressly reserves the right to make changes.