AGB - General Terms and Conditions of Sale and Delivery for Products and Services
FShape Fassadentechnik GmbH I Nickelstraße 6 I 33378 Rheda-Wiedenbrück
1. General These terms and conditions of sale and delivery apply to all contracts. Deviations from these conditions require a written agreement by FShape Fassadentechnik GmbH. We reserve the right to change our General Terms and Conditions of Business at any time within a reasonable period of time. Any purchasing conditions of the customer are hereby contradicted.
2. Offers All offers are non-binding and subject to confirmation with regard to price, packaging unit, delivery quantity and delivery time. Unless otherwise agreed in writing, they are only valid for eight weeks after the date of the offer. The prices are in Euros from the place of dispatch. (Ex Works)
3. Delivery Acceptance of the order is subject to availability and with the dispatch of the goods. Delivery dates or delivery periods, which can be agreed upon bindingly and without obligation, must be stated in writing. Delivery periods begin from the conclusion of the contract. In case of delays in delivery (and subsequent delivery) we reserve the right to deliver in partial deliveries. The delivery time confirmed by us is an expected delivery date and applies to delivery from stock to the delivery address specified by the purchaser. We will make all reasonable efforts to ensure timely delivery. An excess delivery of 3-5% is possible due to production and will be delivered and invoiced if necessary. In case of force majeure or other unforeseeable obstacles, such as pandemic, riots, considerable operational disturbances, which have a considerable influence on the completion, strike, lockout, delivery delay does not occur. The purchaser is only entitled to withdraw from the contract due to non-compliance with the delivery deadline if he has granted us a reasonable grace period in writing. Failure to comply with the agreed delivery period does not entitle the purchaser to assert claims for damages.
4. Dispatch Unless the buyer expressly specifies a particular mode of dispatch, we shall select the mode of dispatch at our discretion. The goods will be insured at the request of the customer. The costs for packaging, shipping, insurance and possible customs duties are borne by the buyer, unless otherwise agreed.
5. Warranty The warranty period for all products and services we sell is 24 months. This warranty claim exists in principle only if there are manufacturing defects. There is no warranty claim for services, wear parts and consumables. In order to assert the above-mentioned claims, the buyer is obliged to submit proof of warranty (invoice and delivery note) and a precise description of the defect. The warranty claim expires in case of improper intervention, as well as missing and insufficient assembly or maintenance.
6. Return of the products and services delivered by us is not possible. Exceptions are complaints.
7. Complaints must be made in writing within three working days of receipt of the delivery and inspection of the consignment. Later complaints cannot be accepted. In the case of justified complaints (material defects, wrong delivery, etc.), we will bear the costs for returns. The customer shall grant us the time and opportunity required at our reasonable discretion to rectify the complaint. Should we allow a set period of grace to elapse without remedying the defect or supplying a replacement, or if remedial work or replacement services are impossible or refused by us, the customer shall be entitled to demand cancellation of the contract (redhibition) or reduction of the purchase price (abatement) at his discretion. The goods will only be taken back in an unused, faultless and original packed condition.
8. Terms of payment Unless otherwise agreed with us, the invoices are payable 10 days after invoicing without deduction. Other agreements are listed on the respective invoices. The prices valid at the time of the order apply. On the invoice the value added tax is shown with the value added tax rate valid at the time of dispatch. All payment and bank transfer fees shall be borne by the customer. If the customer does not meet his payment obligations, or is in default of payment, or if we become aware of other circumstances that call his creditworthiness into question, we are entitled to make the entire remaining debt due. In the event of a delay in payment, interest on arrears at a rate of 5% per month will be due. In case of default of payment we are entitled to block the offer for the customer. In the event of a written reminder from us, we shall, from the second reminder