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General Terms and Conditions of Sale of

General Terms and Conditions of Sale of

General Terms and Conditions of Sale of

Product catalog summary
General Overview: This document details the General Terms and Conditions of Sale for Gusstechnik Schopfheim GmbH & Co. KG, focusing on the rights and obligations of the company and its customers, particularly concerning supplementary performance, confidentiality, and other contractual elements.
Supplementary Performance: The company is responsible for reimbursing customers for necessary expenses related to the removal and installation of defective items, provided these costs do not increase due to the relocation of goods after delivery unless intended. If supplementary performance is deemed impossible or disproportionate, the company may refuse it. Customers have the right to request a price reduction or contract withdrawal if defects are not addressed promptly.
Liability and Claims: The document restricts customer claims for damages, except in cases of death, injury, or health issues caused by gross negligence. Liability is not excluded for breaches of cardinal duties. Claims for supplementary performance expire one year after delivery, except for construction-related items, which have a five-year expiration.
Confidentiality: Both parties are required to maintain confidentiality of shared documents and knowledge for 36 months after the business relationship ends, unless the information is public or independently developed.
Workpiece-specific Models and Production Facilities: Customers must provide models or facilities at no cost, and the company may request their return. The company is not liable for verifying the technical accuracy of customer-provided facilities. Models produced by the company remain its property unless otherwise agreed.
Parts to be Cast: Parts must be supplied free of charge, dimensionally accurate, and ready for casting. The number of parts cast should exceed the order quantity.
Legal Framework: The place of performance is Schopfheim, and German law applies, excluding the CISG. The place of jurisdiction for disputes is the company's business location, with the option to bring action at the customer's location.
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Catalog excerpts

General Terms and Conditions of Sale of-1

General Terms and Conditions of Sale of Gusstechnik Schopfheim GmbH & Co. KG with its registered office in Schopfheim Updated: November 2018 Section 1. Scope of application 1. These Terms and Conditions of Sale apply in respect of companies, legal persons under public law and public-law special funds. 2. Our supplies and services take place exclusively on the basis of the terms and conditions below. 3. Terms of business of the customer that we have not expressly acknowledged have no validity. Section 2. Quotation/quotation documents, acceptance, conclusion of contract 1. Our quotations remain subject to change unless stated otherwise in the quotation. 2. We can accept orders within 6 weeks by means of our order confirmation. 3. Contracts are only formed by our order confirmation (at least in text form) or delivery. 4. Verbal assurances of properties, additions, promises or side agreements that extend beyond the content of the written contract or change these General Terms and Conditions of Sale to our detriment are only effective if we have confirmed them in writing. 5. We reserve the rights of ownership and the copyrights to our illustrations, drawings, calculations and other documents. The customer requires our express written consent before disclosing these to third parties. 6. The illustrations, drawings, weights and measurements and tables associated with the quotation always only apply approximately unless they are expressly described as binding. We are unable to accept any liability for departures from these documents that are caused by the design of the contractual object. The DIN and EN standards apply for compliance with dimensions. Otherwise we state dimensions and weights in our quotations and order confirmations to the best of our knowledge; however they are no guarantee of quality. Minor deviations, in particular over- or underweights caused by the casting process shall not entitle the buyer to object or to submit claims in respect of defects unless anything has been agreed otherwise. 7. In the case of serial manufacture, due to the special characteristics of the metal casting process we reserve the right to deliver quantities of up to a maximum of 10% over or under that ordered. The overor under-quantity will be calculated accordingly. Section 3. Prices and payment terms 1. Our prices are stated as base prices. As our prices are highly dependent on the costs of energy and metals, these base prices are also subject to a supplement in respect of an increase in energy costs and a supplement in respect of an increase in material costs, which take account of both the current energy and metal prices and the actual weight of the raw parts. Unless stated otherwise in our order confirmation, our prices are “ex stock” or “ex works”/”ex collection location”, plus packaging and the respective valid VAT (corresponding to EXW our warehouse/collection location or works, Incoterms 2020). 2. In the case of delivery periods of more than 2 months, we are entitled to increase or decrease the prices accordingly insofar as after the conclusion of contract substantial changes have taken place to General Terms and Conditions of Sale of Gusstechnik Schopfheim GmbH

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General Terms and Conditions of Sale of-2

General Terms and Conditions of Sale of Gusstechnik Schopfheim GmbH & Co. KG with its registered office in Schopfheim the costs of salaries, materials, energy or raw materials and we are not responsible for such changes. Any such price increase will not exceed 10%. 3. Unless stated otherwise in the order confirmation, the purchase price is payable net (without deductions) within 30 days of the date of invoice to our payment office free of charges for us. The deduction of a discount requires separate written agreement Partial invoices will be issued for partial deliveries. The payment periods...

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General Terms and Conditions of Sale of-3

General Terms and Conditions of Sale of Gusstechnik Schopfheim GmbH & Co. KG with its registered office in Schopfheim account of death, injury to body or health. Within the framework of the statutory provisions, the customer can only withdraw from the contract insofar as we are responsible for the delay in delivery. 8. At our request the customer is obliged to declare within an appropriate period whether they wish to withdraw from the contract due to the delay in delivery or they insist upon delivery. 9. If the shipment is delayed as a result of circumstances for which we are not responsible,...

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General Terms and Conditions of Sale of-4

General Terms and Conditions of Sale of Gusstechnik Schopfheim GmbH & Co. KG with its registered office in Schopfheim The treatment and processing of the goods that are subject to the retention of title by the customer are always undertaken for us without obliging us. If the goods that are subject to the retention of title are combined and mixed with other goods by the customer, we shall acquire joint ownership of the new item according to the ratio between the invoice value of the goods that are subject to the retention of title and the other materials. The newly created item shall count as...

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General Terms and Conditions of Sale of-5

General Terms and Conditions of Sale of Gusstechnik Schopfheim GmbH & Co. KG with its registered office in Schopfheim reimbursement of expenses in accordance with Section 445 a BGB [Civil Code] (recourse of the seller), provided the last contract in the supply chain is not a purchase of consumer goods. If one or both of these forms of supplementary performance should be impossible or disproportionate, we are entitled to refuse it. As long as the customer does not fulfil its payment obligations to us, we can refuse supplementary performance to the extent corresponding to the part of the performance...

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General Terms and Conditions of Sale of-6

General Terms and Conditions of Sale of Gusstechnik Schopfheim GmbH & Co. KG with its registered office in Schopfheim This obligation shall commence on first receipt of the documents or knowledge and shall end 36 months after the end of the business relationship. 3. This obligation does not apply to documents and knowledge that are generally known, or were already known to the contracting party on receipt without the latter being bound to secrecy, or which were subsequently transmitted by a third party authorised to disclose them, or were developed by the receiving contracting party without the...

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*Prices are pre-tax. They exclude delivery charges and customs duties and do not include additional charges for installation or activation options. Prices are indicative only and may vary by country, with changes to the cost of raw materials and exchange rates.