General Terms and Conditions of Business and Delivery of Rheinstrom - Pumpenfabrik GmbH
- General
- All deliveries and services to companies, legal entities under public law, and special public funds are carried out exclusively according to our General Terms and Conditions (hereinafter referred to as GTC). Differing purchasing conditions of the buyer are not recognised by the acceptance of their order.
- Offer and Contract Conclusion
- Our offers are non-binding and, like all agreements between the buyer and Rheinstrom - Pumpenfabrik GmbH (hereinafter referred to as Rheinstrom), must be made in writing.
- Rheinstrom reserves ownership and copyright of cost estimates, drawings, and other documents; these may not be made available to third parties.
- The written order confirmation from Rheinstrom determines the time, type, and scope of delivery, performance, price, and payment conditions.
- By accepting the order confirmation issued by us, the buyer expressly agrees to our GTC.
- Prices and Payment Conditions
- Unless otherwise agreed in writing, prices apply ex-works (EXW, Incoterms 2010), excluding standard commercial packaging. Prices remain subject to change until the delivery date. Transport services are charged at the applicable prices on the day of delivery.
- Small orders are subject to a minimum order value of at least €20.
- Packaging, except for crates, is charged at cost price and not returned. Crates remain our property. A reasonable amount is charged for wear and an additional deposit fee is invoiced, which is refunded upon the return of reusable crates in good condition.
- Unless otherwise agreed, invoices are payable within 8 days of the invoice date with a 2% discount or within 30 days net. Invoices for repairs and customer services are due immediately without deduction.
- For new and private customers as well as buyers with whom we do not have an ongoing business relationship, separate agreements apply. Deliveries are made only against prepayment and under the terms specified in the order confirmation.
- The 2% discount is not granted if other claims are overdue or if payment is made by bill of exchange, even if the discount costs are reimbursed by the buyer. No guarantee is given for the timely protest submission of bills of exchange drawn on outlying locations or foreign banks.
- In case of payment default, the supplier may charge bank interest at a rate of 8% per annum above the base interest rate.
- Delivery Deadlines and Dates
- Deadlines and delivery times specified by Rheinstrom are estimates. Delivery times and deadlines are only binding if expressly confirmed in writing by Rheinstrom.
- Agreed delivery times, unless otherwise agreed, are approximate.
- Unforeseen production disruptions and other obstacles, such as force majeure, transport delays, operational disruptions in our own plant or at suppliers, prevent any claims for damages due to delayed deliveries.
- Claims for compensation due to delay are excluded.
- If the buyer unjustifiably refuses to accept the goods, Rheinstrom is entitled to withdraw from the contract under legal provisions and claim damages.
- Transfer of Risk, Acceptance, Transport
- Shipping is carried out at the buyer’s expense and risk. The choice of shipping method is at the discretion of the supplier.
- Express surcharges and postal charges are borne by the buyer.
- Delivered goods must be inspected immediately upon receipt. Later complaints cannot be considered.
- Transport damages must be reported to Rheinstrom immediately.
- Retention of Title
- Rheinstrom retains ownership of all delivered goods until full payment is received. All deliveries under accepted orders are considered a single delivery transaction. If the buyer acts in breach of contract, particularly in the case of payment default, Rheinstrom is entitled to withdraw from the contract and reclaim the delivered goods, with the buyer obliged to return them. The withdrawal and seizure of goods by Rheinstrom only constitute a withdrawal from the contract if expressly stated in writing.
- If our goods are combined with other items into a single entity, it is agreed that the buyer assigns us co-ownership in accordance with § 947 para. 1 BGB and holds the item in safekeeping for us.
- If the buyer resells our goods, they assign us all claims arising from the resale, including ancillary rights, until full settlement of all our outstanding claims.
- Upon our request, the buyer must disclose the assignment to third-party buyers and provide necessary information and documents.
- Right of Pre-emption
In the event of business closure, insolvency, or liquidation, we have a pre-emptive right to existing stocks of our products.
- Complaints and Warranty
- We provide a warranty of 24 months from the delivery date for parts proven to be unusable due to material or manufacturing defects. We will, at our discretion, repair or replace them free of charge. Further claims for compensation are excluded.
- Costs for disassembly and reassembly require prior written approval.
- Complaints about quality or packaging defects must be submitted within 8 days of receipt. The warranty does not cover natural wear or damages arising after risk transfer due to incorrect handling.
- Replacements or credit notes will only be issued after proper inspection at our facility.
- If the buyer or a third party makes improper repairs, Rheinstrom is not liable for the resulting consequences.
- Jurisdiction and Applicable Law
- The place of fulfilment for all transactions concerning Rheinstrom Pumpenfabrik GmbH is Koblenz.
- The jurisdiction for all present and future claims arising from business relations is Koblenz. We may also bring action against the buyer at their place of jurisdiction.
- The legal relationship is governed exclusively by the law applicable to domestic parties at our business location.
The supplier may transfer their rights and obligations under this contract without the buyer’s consent. The contract remains binding even if individual provisions are legally invalid.
Effective: 03/2017
Rheinstrom - Pumpenfabrik GmbH, 56070 Koblenz