Terms and Conditions
General terms of delivery and payment of Detlef Klokow Maschinenbau GmbH in the event that you order from us and we are the supplier (status: 01/01/2014):
The following “General Terms and Conditions of Delivery and Payment” apply to all deliveries and services. General terms and conditions of the customer are not part of the contract. This also applies if reference is made to them in the customer's acceptance or other documents and the supplier has not expressly objected to the customer's terms and conditions.
2. Offers and Offer Documents
Cost estimates and offers are binding for a period of 14 calendar days.
3. Placing of Orders
Orders are only deemed to have been placed when the supplier has confirmed the order in writing. The contract concluded in writing, including these General Terms and Conditions of Delivery, is solely decisive for the legal relationship between the supplier and the customer.
In principle, the supplier is not liable for errors that result from the documents submitted by the customer (e.g. drawings, instructions) or from unclear or verbal information.
The prices are in EURO ex works plus packaging, statutory value added tax, customs duties for export deliveries, as well as fees and other public charges.
Invoices are payable within 10 days of the invoice date.
Offsetting against counterclaims by the customer or withholding payments due to such claims is only permissible if the counterclaims are undisputed or have been legally established.
If the customer does not pay by the due date, the outstanding amounts shall be subject to interest of 5% pa from the due date.
6. Delivery and assembly
Deliveries are made ex works. If shipment has been agreed, delivery periods and delivery dates refer to the time of handover to the freight forwarder, carrier or other third party commissioned with the transport.
The supplier is not liable for the impossibility of delivery if this was caused by force majeure or other events that were not foreseeable at the time the contract was concluded and for which the supplier is not responsible.
If the supplier is in default with a delivery or if a delivery or service becomes impossible for whatever reason, the seller's liability for damages is limited in accordance with Section 9 of these General Terms and Conditions of Delivery.
7. Place of Performance, Dispatch, Packaging, Passing of Risk, Acceptance
The place of performance for all obligations arising from the contractual relationship is Berlin, unless otherwise specified.
The mode of dispatch and the packaging are subject to the dutiful discretion of the seller.
The risk passes to the customer at the latest when the delivery item is handed over (whereby the beginning of the loading process is decisive) to the forwarding agent or other third party responsible for carrying out the shipment.
The consignment will only be insured by the supplier against theft, transport, fire and water damage or other risks at the express request of the customer and at his expense.
The delivery must be accepted immediately.
The warranty period is one year from delivery, if acceptance is required, from acceptance. The delivered items are to be carefully examined immediately after delivery to the customer or to the third party designated by him. With regard to obvious defects or other defects that would have been recognizable in an immediate, careful examination, they are deemed to have been approved by the customer if the supplier does not receive a written notification of defects within seven working days of delivery. With regard to other defects, the delivery items are deemed to have been approved by the customer if the supplier does not receive the notification of defects within seven working days after the point in time at which the defect became apparent.
The liability of the supplier is based exclusively on these terms of delivery and payment. All claims not expressly granted 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.
In the event of liability for simple negligence, the supplier's obligation to compensate for property damage and the resulting further financial losses is limited to an amount of EUR 1 million (corresponding to the current coverage amount of his business liability insurance), even if it is a matter of a breach of essential contractual obligations.
10. Retention of Title
The deliveries or services remain the property of the supplier until all payments from the contract have been received.
11. Applicable Law, Place of Performance and Jurisdiction
German law applies. The place of jurisdiction for any disputes arising from the business relationship between the customer and the supplier is the district court and district court of Berlin. Mandatory legal provisions on exclusive places of jurisdiction remain unaffected by this regulation.
Insofar as the contract or the General Terms and Conditions of Delivery contain loopholes, the legally effective regulations that the contractual partners would have agreed according to the economic objectives of the contract and the purpose of these General Terms and Conditions of Delivery if they had known of the loophole shall be deemed to have been agreed to fill these loopholes.