General Terms & Conditions
§ 1 General Terms and Conditions
- The following general terms and conditions apply exclusively to all deliveries and services by WEDA Roland Werner GmbH. We expressly object to any counter-confirmation concerning our terms and conditions.
- Deviating agreements with our employees are only effective if they have been confirmed in writing by an employee authorized to represent the company.
§ 2 Conclusion of the contract
The order is placed by the customer online, by telephone, by fax, or by letter. It is confirmed by us either expressly by an order confirmation sent online, by telephone, by fax, or by letter or implied by delivery of the ordered goods.
§ 3 Delivery time
- Delivery periods and delivery dates that have been bindingly agreed upon shall be confirmed by us in writing. Delivery periods shall begin to run from the time of confirmation.
- 1. As long as the purchaser is in arrears with a liability, our obligation to deliver shall be suspended.
- Delays in delivery and performance due to force majeure shall initially cause a reasonable extension of the delivery period. The mentioned above circumstances shall release us from the delivery obligations entered into for the duration of the hindrance and shall entitle both parties to the contract to withdraw from the contract.
- In case of limited generic obligations (special items), delivery shall only be made while stocks last. We shall have a contractual right to withdraw from the contract if we are not responsible for the non-delivery. We will inform the customer immediately about the non-availability and refund compensatory considerations without delay.
- Loading and shipment of the goods shall take place uninsured at the risk of the recipient. The risk shall pass to the customer when the goods leave our business premises or on the day of notification of readiness for dispatch if dispatch is delayed for reasons for which we are not responsible. The customer shall be responsible for taking out transport insurance. These provisions shall not apply if the customer is a consumer.
- The customer must accept the ordered goods, provided that these are not afflicted with obvious defects.
- If the customer refuses to accept the ordered goods due to gross negligence or intentionally, we may grant the customer a grace period of 8 days in writing with the declaration that we will refuse to fulfill the contract after the expiration of the grace period. After the unsuccessful expiry of the grace period, we shall be entitled to withdraw from the contract by written declaration or to claim damages for non-performance. It shall not be necessary to set a period of grace if the customer seriously and finally refuses acceptance or if it is evident that he is unable to pay the purchase price even within the period of grace.
- If we demand compensation for damages under clause 3, this shall amount to 10% of the agreed purchase price. The number of damages shall be set higher or lower if we prove higher damages or the customer proves lower damages.