General terms and conditions of business
1. Scope of application of the general terms and conditions; validity of German law
(1) These General Terms and Conditions apply to all deliveries and services.
(2) These General Terms and Conditions are solely applicable. General terms and conditions put forward by the costumer that are differing, conflicting or complemental will only be part of the contracts in the case and to the extend that we have explicitly agreed to its application. The approval requirement applies in any case, also for example, if we deliver without any reservations to the costumers with the customer's knowledge of the terms and conditions.
(3) Legally relevant statements and complaints, which the customer wants to bring forward after the conclusion of the contract (e.g. deadlines, notice of defects, declaration of rescission or abatement or reductions) need to be put in writing.
(4) The jurisdiction of the Federal Republic of Germany applies.
2. Quotes and quote documents
Estimates and quotes are binding for the duration of 21 days. The documents pertaining to the quote, such as pictures, drawings, weights and measurements are for indication only as long as they have not been explicitly named as binding. The seller reserves all property and copy rights for the quotes, drawings and other documents.
3. Placing of orders
Orders are only regarded as submitted when the supplier has confirmed the order in writing; this is also the case for orders placed by representatives. The supplier is in principle not liable for mistakes that occur due to the customer's sent documents (e.g. drawings), due to inexplicit or verbal specifications.
4. Prices
Our prices are calculated ex works, specifically in principle excluding the cost of shipping or postage and packaging. The prices are exclusively in EURO. The prices are excluding VAT. The contracting parties have the right to demand negotiations about a price adjustment in the case of a raise in material or personnel costs occurring between the conclusion of the contract and the delivery thereof.
The deliverer has to point out to the customer any services that were not part of the quote but will be necessary in his view to fulfil the contract. These services as well as any such carried out on demand of the customers will be charged separately.
5. Payment of invoice; consequences of delay
The following payment conditions apply: Payment is due within 30 days (without discount) net after invoice. In the case of delayed payment the supplier has the right to hold the delivery (§§ 273, 320 German Federal Law).
Acceptance or customer bill of exchange will be regarded as fulfilment only after the redemption and credit entry, the customers will be charged with the costs and expenses of such transaction. If the period of payment is missed by more than 14 days and the issue of a payment reminder also proved fruitless, the supplier has the right to charge delay interest of 5 percentage points above the respective base interest, and 8 percentage points above the base interest in the case of merchant purchases. The supplier reserves the right to assert a higher damage. In the case of a breach of payment conditions by the payer all outstanding demands from the contract will be due immediately. After a fruitless extended period of payment, the supplier has the right to terminate the contract, cease all work and invoice all services rendered and claim compensation.
6. Delivery
Delivery ex works always takes place at the buyer's risk. If the fulfilment or the conclusion of the works are delayed for reasons for which the buyer is responsible, the supplier is no longer bound to the duty of meeting an arranged delivery date.
If the buyer does not find a remedy immediately when demanded by the supplier, the supplier himself may claim compensation or can give the buyer a deadline to fulfil the contract and declare that at the end of such deadline he will rescind the contract.
In case of a cancellation of the contract the supplier is entitled to reimbursement of all of the expenses he has had at that point. Cases of force majeure (such as industrial disputes or other such unforeseeable events) within the supplier's company or one of its subcontractors will relieve the supplier of his duty to meet the delivery deadline or allow him, in case a delivery or service is no longer possible, to rescind the contract partially or completely.
In such cases the buyer has to be informed immediately of the occurrence of such event.
7. Purchasing
The purchasing of the deliveries or services has to take place as soon as completion has been announced. This is also the case for completed partial services, or partial deliveries. If the buyer has started to use the delivery or service, or a part thereof, this signifies a completion of purchase after 14 days, unless a notification of defects has been filed by the buyer.
With the purchase the risk will move onto the buyer.
8. Warranty of defects
If no separate agreements have been made here or in special contractual agreements, the supplier follows legal requirements that regulate the warranty of defects, unless the parties had a separate contract with a different solution. Changes to the delivered goods or services made prior or without the consent of the supplier will forfeit all entitlement to a warranty of defects.
The supplier as to be given an opportunity to carry out an examination there and then.
In the case of a justified notification of defects the rectification will occur free of charge and within an appropriate time-frame. Should rectification fail a discount or rescission may be demanded.
9. Compensation and exclusion of liability
(1) The supplier's liability for compensation exists in case of intention or gross negligence. In the case of simple negligence the supplier is only liable
a) for damages from injury of life, the body or health,
b) for damages from the breach of a significant duty of contract (a duty, which through its fulfilment enables the regular application of the contract in the first place and which is a duty that needs to be fulfilled as the contractual party is and may be reliant on it); in that case our liability is limited, however, to the damages of a foreseeable and typically occurring damage.
(2) The limitation of liability does not apply, if we have concealed a defect maliciously or have given a guarantee for the nature of the subject. The same applies to claims put forward by the customers according to the product liability law.
(3) The customer may only rescind or cancel the contract if the breach of duty falls into our responsibility. An unlimited right of cancellation by the customer (particularly according to §§651, 649 German Federal Law) is ruled out. For the rest statutory conditions and legal consequences apply.
10. Reservation of propietary rights / prolonged and extended propietary rights
(2) The costumer may use the goods and sell them on in a legal transaction as long as he is not behind the payment schedule. However, he may not pawn the goods or use them as a security for credit. The customer now cedes all payment claims made to his buyers as part of a resale of the goods, as well as all claims of the buyer with regard to the goods, which can be put to his buyer or a third party for a different legal reason (particularly claims of illegal actions and insurance claims), for reasons of security. We accept that cession.
The customer may recover these ceded claims at his expense in our name, as long as we do not revoke the powers of authority. This does not effect our rights to recover such claims ourselves, however, we will not enforce our claims ourselves or revoke the powers of authorisation as long as the customer keeps up payments.
Should the buyer however behave contrary to contract - particularly if he is in arrears with the claims of payment - we can demand of the buyer to disclose the ceded claims and the respective debtors, to inform the relevant debtor of the cession and hand over any documentation as well as any information needed to assert the claims.
(3) The processing or alteration of the goods by the customer is always carried out on our behalf. If the goods subject to retention of title are merged with other goods that are not our property, we receive a co-ownership of the new object in proportion of the value of the goods (invoice final amount including value added tax) to the other goods used to merge at the time of the processing. The same rules apply to the new object made through processing as for the goods subject to retention.
(4) If the goods subject to retention of title are inseparably merged with other goods that are not our property, we receive a co-ownership of the new object in relation of the value of the goods (invoice final amount including value added tax) to the other goods used to merge at the time of the processing. If the goods are merged or mixed in a way that the object of the customer is to be regarded as the main object, the buyer and we agree at this time that the customer will grant us proportional co-ownership of said object. We accept that cession.
The wholly or partially owned object thus attained will be left in the care of the customer.
(5) In the case of a pawning of the goods by a third party or other cases of third party intervention, the customer has to inform us immediately in writing so that we can enforce our proprietary rights. If the third party is not able to pay for legal costs in this context the customer is liable for such costs.
(6) If demanded by the buyer we have the duty to release the securities that we are entitled to, if the realisable value is exceeding the value of our unfulfilled claims by more than 10%. It is our choice, however, which security we release.
11. Place of fulfilment, place of jurisdiction
Place of fulfilment and place of jurisdiction is Königsbach.
12. Safeguarding clause
Should one or more provisions of these Terms and Conditions be or become ineffective, the other provisions of these General Terms and Conditions will remain effective.
Kaindl Schleiftechnik - Reiling GmbH
Remchinger Str. 4
75203 Königsbach-Stein
Phone: 0 72 32 - 40 01-0
Fax: 0 72 32 - 40 01-30
mail: info@kaindl.de
Managers: Henrik Reiling; Reinhard Reiling
Commercial registry: Local district court: Mannheim HRB-Nr.501223
Tax number DE249484289
Exemption from liability
1. Contents of the online range of products
KAINDL-SCHLEIFTECHNIK Reiling GmbH is not liable for the guarantee that the information provided is up-to- date, correct, complete or of high quality. The author is under no circumstances liable for any damage of a material or ideal nature, which is caused by the use or not use of the provided information, or by the use of erroneous or incomplete information, unless intent or negligence on part of the author can be proved. All offers are subject to change and non-binding. KAINDL-SCHLEIFTECHNIK Railing GmbH reserves the right to change, amend by addition or delete parts or the entirety of the range of products, or to suspend the publication temporarily or permanently.
2. References and links
In the case of direct or indirect references to other websites ("hyperlinks"), which are outside of the scope of the author's responsibility, a liability can only come to force if KAINDL-SCHLEIFTECHNIK Reiling GmbH has knowledge of the contents of such websites and if it would be technically possible and reasonable to prevent the use in case of illegal contents.
KAINDL-SCHLEIFTECHNIK Reiling GmbH hereby declares explicitly that at the time of the establishment of links no illegal contents were evident on the linked pages.
KAINDL-SCHLEIFTECHNIK Reiling GmbH has no influence on the current and future design or the authorship of the linked pages.
For that reason it hereby distances itself explicitly from all content of the linked pages that has been changed after the establishment of links. This declaration applies to all links and references placed within the internet presence as well as for entries made by outsiders such as guest books, forums, lists of links, mailing lists and other data bases established by the author which are open to external access.
Liability for illegal, erroneous or incomplete contents, and especially for damage caused by the use or not use of such information, lies with the provider of the site that was linked, not with the person who merely referred to the site by a link.
3. Copy right and trademark law
KAINDL-SCHLEIFTECHNIK Reiling GmbH strives to comply with copy right laws with all the pictures, graphics, audio files, video files and texts used, and to use its own pictures, graphics, audio files, video files and texts or to use license free graphics, audio files, video files and texts.
All brand and trade marks of third parties that are used in this internet range are subject to copy right and trademark law and the proprietor's rights of the respective proprietor.
Simply due to naming such trademarks, no conclusions can be drawn about possible protection by third parties! The copy right for objects published and designed by the author will be with the author of these pages. Any duplication or use of such graphics, audio and video files and texts in other electronic or printed publications is not permitted without the explicit permission of the author.
4. Data protection
Should there be an option within this internet presence to insert personal or business information (email addresses, names, addresses), such disclosure of data takes place on a strictly voluntary basis by the user.
The use and payment of all services offered is - if technically possible and reasonable - allowed without the disclosure of such data, or rather by giving anonymous data or using a pseudonym.
Using the contact data, such as postal address, telephone or fax numbers as well as email addresses of data published within the website credentials or similar statements, by third parties for the use of sending unwanted information is not permitted.
Legal steps will be taken against the senders of so-called spam mail that are breaches this prohibition.
5. Legal validity of this exclusion of liability
This exclusion of liability is a part of the internet presence. Should one or more formulations of this text be or become ineffective according to the current jurisdiction, the other parts of this document will remain effective in its contents and validity.