GTCTerms of delivery and payment

Quotations and offers are binding for a period of 30 calendar days.

The documents belonging to the offer, such as illustrations, drawings, weights and dimensions, are only approximate unless they are expressly designated as binding. The supplier reserves the right of ownership and copyright to cost estimates, drawings and other documents.

The Supplier shall not be liable for errors resulting from the documents submitted by the Customer (e.g. drawings) or from inaccurate or verbal information.

The prices are ex works and do not include freight or shipping costs and packaging. Packaging is charged at cost price and is non-returnable. Value added tax at the applicable statutory rate shall be added to the prices. Services not expressly quoted in the offer which are necessary for the execution of the order or which are carried out at the request of the client shall be invoiced additionally. We expressly reserve the right to change prices as a result of material and cost increases. Deviations from ordered quantities of up to 10% are permissible, as these cannot be avoided for technical reasons.

Unless otherwise agreed, the following terms of payment shall apply:

Payment must be made within 14 days of invoicing in cash or cashless by bank transfer, without any deductions, irrespective of receipt of the goods and the date of delivery.

Right to give notice of defects. Delay in payment shall result in withholding of delivery (§§ 273, 320 BGB). Acceptances or customer bills of exchange shall only be considered as fulfillment after redemption; the costs and expenses incurred shall be borne by the debtor. If the payment obligations are exceeded by more than 14 calendar days, the debtor shall pay interest on arrears at the usual bank rate.

In the event of non-compliance with the payment conditions by the debtor, all outstanding claims shall become due immediately. If a grace period of 10 calendar days set by the Supplier expires without result, the Supplier shall be entitled to terminate the contract, cease work, invoice all services rendered to date and assert claims for damages.

Delivery ex works is always at the recipient’s own risk. The Client may only demand compliance with the agreed execution deadlines or delivery dates insofar as it has provided all necessary documents and the agreed payment has been received by the Supplier in accordance with clause 5. If the commencement, continuation or completion of the work is delayed for reasons for which the Client is responsible, the Supplier shall be released from the obligation to comply with the agreed delivery dates.

If the Client fails to remedy the situation immediately at the Supplier’s request, the Supplier may demand compensation or set the Client a reasonable deadline for fulfillment of the contract and declare that it will withdraw from the contract if the deadline expires without result. In the event of termination of the contract, the supplier shall be entitled to compensation for all expenses incurred to date. If the orders are based on special quality regulations, or if the goods are sent to third parties or abroad, the necessary inspection and acceptance must take place at our works. If inspection is waived here or if a period of at least one week set by us for inspection is not complied with, our obligations shall be deemed to have been fulfilled and acceptance shall be deemed to have taken place as soon as the consignment has left our works. We are entitled to make partial deliveries in the case of contracts of any kind. These shall be invoiced and paid for individually. In the event of force majeure (e.g. labor disputes and other unforeseeable events) at the supplier’s premises or those of one of its subcontractors, the supplier shall be released from compliance with the delivery deadline or shall be entitled to withdraw from the contract in whole or in part in the event that delivery or performance becomes impossible.

If delivery dates are exceeded, the client shall remain obliged to take delivery at a later date.

Defects are subject to the statutory time limits. Any changes made to deliveries or services beforehand and without the supplier’s consent shall exclude any legal claim to rectification of defects. The supplier must be given the opportunity to inspect the goods on site. In the event of justified notices of defects, rectification shall be carried out free of charge within a reasonable period of time. If the rectification fails, a reduction in price or rescission may be demanded. Any liability for any claims for compensation of

We hereby expressly reject any liability for damages, wages, freight expenses, penalties for delay and the like. In the case of repair work, the supplier shall only assume a warranty for the deliveries or services carried out by him. No warranty shall be assumed for damage to deliveries or services of the supplier which were not caused by the supplier.

Leak Stop Gun GmbH purchases components from various sub-suppliers. The warranty is limited in accordance with the terms and conditions of the respective sub-suppliers.

The Supplier’s liability shall be governed exclusively by these Terms and Conditions of Delivery and Payment. All claims not expressly conceded herein, including claims for damages for whatever legal reason, are excluded, unless they are based on an intentional or grossly negligent breach of contract by the supplier, a legal representative or vicarious agent.

The deliveries or services shall remain the property of the Supplier until all payments arising from the contract have been received. If the delivery items have become essential components of an item, the Customer undertakes to allow the Supplier to dismantle the items that can be removed without significant impairment of this item in order to transfer ownership of these items back to the Supplier if the agreed payment deadlines are not met. If the customer impairs the aforementioned rights of the supplier, he shall be obliged to pay compensation to the supplier. Dismantling and other costs shall be borne by the Client. If delivery items are firmly combined with another item, the Customer shall transfer its claims or co-ownership rights to the new item to the Supplier if this results in claims or co-ownership.

As long as the retention of title exists, the customer may neither pledge the delivered goods nor assign them as security in any other way.

If the goods subject to retention of title are seized, we must be informed immediately, enclosing the seizure protocol, so that we can bring an action for intervention. The costs of such an intervention shall be borne by the customer.

The place of performance for delivery and acceptance is Rhede and the place of jurisdiction is Bocholt, unless otherwise prescribed by law.

Our terms of delivery and payment shall apply, even if we have not expressly rejected the customer’s counter-conditions. Should a contractual condition be wholly or partially invalid, this shall not affect the validity of the remainder of the contract.