Unsere allgemeinen Geschäftsbedingungen
General Terms and Conditions
The following General Terms and Conditions apply to this contract between the SUPPLIER and the CUSTOMER in connection with deliveries and/or services of the Supplier. They also apply to all future contracts concluded between the Contractor and the Customer. The General Terms and Conditions do not apply insofar as the Parties have agreed on a different provision in individual cases.
Offer and Conclusion of Contract
Our offers are subject to change and are nonbinding. Deviations are only possible in individual cases if the Customer and Contractor mutually agree in writing on other agreements. We may accept this offer within two weeks by sending a written or verbal order confirmation or by sending the ordered goods within this period.
We reserve ownership and copyright to all documents provided to the purchaser in connection with placing an order, such as calculations, drawings, specification documents, etc. These documents may not be made accessible to third parties unless we give the purchaser our express written consent. If we do not accept the purchaser’s offer within the period specified in Section 1, these documents must be returned to us immediately.
Invoice and Payment
Unless otherwise agreed, our invoices are payable 30 days after invoicing without any deductions. We offer a 2% discount for payments made within 14 days. We are entitled, irrespective of any provisions of the Customer to the contrary, to initially apply payments to the Customer’s older debts and to inform the Customer that such application has taken place. If costs and interest have already been incurred, we are entitled to apply the payment first to the costs, then to the interest, and finally to the actual order.
A payment is only considered completed when we have control of the funds. This means when we receive the payment in our business checking account.
If it becomes apparent that the Customer may fall into arrears, WuS-TEC must be contacted immediately in order to find a solution together in a timely manner. However, if payment is not made on time or if WuS-TEC is not informed of an impending delay in a timely manner and/or if no joint solution can be reached, we are entitled to demand payment from
(1) Unless an explicitly binding delivery date has been agreed on, our delivery date or delivery periods only constitute nonbinding information.
(2) The start of the delivery period specified by us requires the timely and proper fulfillment of the Customer’s obligations.
Retention of Title
We retain title to the delivered items until full payment of the agreed compensation and all receivables resulting from the contract.
Warranty and Notice of Defects
(1) Insofar as the information contained in our brochures, advertisements, and other offer documents has not been expressly designated as binding by us, the illustrations or drawings contained therein are only approximate,
(2) Notification of a defect is only effective if it is made in writing.
(3) The Customer shall initially have the choice as to whether subsequent performance is to be effected by repair or replacement delivery. However, we are entitled to refuse the type of subsequent performance selected by the Customer if it is only possible with disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the Customer. During subsequent performance, the Customer is not permitted to reduce the purchase price or withdraw from the contract. Rectification shall be deemed to have failed upon a second unsuccessful attempt, unless otherwise specified in particular due to the nature of the item or the defect or other circumstances. If the subsequent performance has failed or if we have refused to provide subsequent performance as a whole, the Customer may, at their discretion, demand a reduction in the purchase price (reduction) or declare their withdrawal from the contract
Termination of the contract by the Customer is only possible for cause. Termination will only be effective if it is made in writing.
Applicable Law, Jurisdiction
(1) These Terms and Conditions and the entire legal relationship between us and the Customer are governed by the laws of the Federal Republic of Germany as amended from time to time.
(2) The place of jurisdiction for all disputes arising from the relationship between the Customer and WuS-TEC GmbH & Co. KG is Dunningen-Seedorf or the court with subject-matter jurisdiction and local jurisdiction for Dunningen-Seedorf.
(3) If any provision or provisions of these Terms and Conditions are held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired thereby.