General terms and conditions of business
§ 1 Scope
1. The following general terms and conditions form the basis for all purchase contracts of Greworld GmbH, Mailänder Straße 2, 67657 Kaiserslautern / Germany (Greworld GmbH), in business transactions with other entrepreneurs (buyers).
2. They apply in the version valid at the time the contract is concluded in addition to the applicable law for the current and future business relationships between Greworld GmbH and the buyer, even if they have not been expressly agreed again.
3. Differing general terms and conditions of the buyer will not be recognized unless Greworld GmbH expressly agrees to their validity in writing.
§ 2 Offer
1. The offers from Greworld GmbH are subject to change and non-binding unless they are expressly marked as binding or contain a specific acceptance period. The seller can accept orders or assignments within 14 days of receipt.
2. Greworld GmbH accepts the offer by sending a written order confirmation.
§ 3 Prices
1. The prices apply to the scope of services and delivery listed in the order confirmation. Additional or special services will be charged separately. Prices are in euros ex works plus packaging, statutory VAT, customs duties for export deliveries as well as fees and other public charges.
2. If the agreed prices are based on the list prices of Greworld GmbH and the delivery is to take place more than four months after conclusion of the contract, the list prices of Greworld GmbH valid at the time of delivery apply (in each case less any agreed percentage or fixed discount).
§ 4 Payment
1. Invoice amounts must be paid within 14 days without any deductions unless otherwise agreed. The date of payment is determined by receipt by Greworld GmbH.
2. Bills of exchange and checks are only accepted after prior express agreement. Acceptance takes place on account of performance; they are only considered payment after they have been redeemed. The buyer must bear any fees for non-redeemability.
3. Greworld GmbH is entitled to carry out or provide outstanding services or deliveries only against advance payment or security if, after conclusion of the contract, it becomes aware of circumstances which are likely to significantly reduce the buyer's creditworthiness and which require payment of Greworld's outstanding claims GmbH is endangered by the buyer from the respective contractual relationship (including from other individual orders to which the same framework agreement applies).
§ 5 Offsetting and retention
Offsetting against counterclaims or withholding payments due to such claims is only permitted if the counterclaims are undisputed or legally established.
§ 6 Delivery
1. Deliveries are made ex works.
2. Greworld GmbH is not liable for the impossibility of delivery or for delays in delivery if these are due to force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. operational disruptions of all kinds, transport delays, strikes, lawful lockouts, difficulties in procuring materials or energy, shortage of labor , official measures, incorrect or late delivery by suppliers) for which Greworld GmbH is not responsible.
3. In the event of temporary obstacles, the delivery or service deadlines are extended or the delivery or service dates are postponed by the period of the hindrance plus a reasonable start-up period. Greworld GmbH will inform the buyer immediately after becoming aware of the delay.
4. If the buyer cannot reasonably be expected to accept the delivery or service as a result of the delay, he can withdraw from the contract by immediately notifying EMA Information GmbH in writing.
5. Greworld GmbH is only entitled to make partial deliveries if the partial delivery can be used by the buyer within the scope of the contractual intended purpose, the delivery of the remaining goods is ensured and the buyer does not incur any significant additional effort or additional costs as a result, unless Greworld GmbH declares itself to be willing to cover these costs.
§ 7 Place of fulfillment
1. The place of fulfillment for all obligations arising from this contractual relationship is Kaiserslautern; In cases where Greworld GmbH also owes the assembly, the place of performance is the place where the assembly must take place.
2. The risk is transferred to the buyer at the latest when the delivery item is handed over to the freight forwarder, freight carrier or other third party designated to carry out the shipment. This also applies if partial deliveries are made or Greworld GmbH has provided other services (e.g. shipping or assembly). If shipping or handover is delayed due to a circumstance caused by the buyer, the risk passes to the buyer on the day on which the delivery item is ready for shipment and Greworld GmbH has notified the buyer of this.
3. The buyer bears storage costs after the transfer of risk. When stored by Greworld GmbH, the storage costs amount to 0.25% of the invoice amount of the delivery items to be stored per completed week. We reserve the right to assert and provide evidence of additional or lower storage costs.
4. Greworld GmbH will only insure the shipment against theft, breakage, transport, fire and water damage or other insurable risks at the express request of the buyer and at the buyer's expense.
§ 8 Warranty and liability
1. The warranty period is five years from delivery. Any delivery of used items agreed with the buyer in individual cases will be subject to the exclusion of any warranty.
2. The delivered items must be carefully examined immediately after delivery to the buyer or a third party designated by the buyer. They are deemed to have been approved if Greworld GmbH does not report defects regarding obvious or other defects that were recognizable during an immediate, careful inspection within two weeks of delivery or two weeks of discovery of the defect or any earlier point in time when the defect was identified for the buyer was recognizable during normal use of the delivery item without further examination. It is sufficient to send the advertisement on time.
3. The goods in question must be returned to Greworld GmbH freight prepaid upon request. If the complaint is justified, Greworld GmbH will reimburse the costs of the cheapest shipping route; This does not apply if the costs increase because the delivery item is located at a location other than the place of intended use.
4. If there is a defect, Greworld GmbH is initially obliged and entitled to repair or replace the defect, at its discretion within a reasonable period of time. In the event of failure, i.e. the impossibility, unreasonableness, refusal or unreasonable delay of repair or replacement delivery, the buyer may withdraw from the contract or reduce the purchase price appropriately.
5. The warranty is void if the buyer modifies the goods or has them modified by third parties without the consent of Greworld GmbH and this makes rectifying the defect impossible or unreasonably difficult. In any case, the buyer must bear the additional costs of correcting the defect caused by the change.
6. If a defect is due to the fault of Greworld GmbH, the buyer can demand compensation under the following conditions.
7. Greworld GmbH is not liable for slightly negligent breaches of duty, provided these do not relate to essential contractual obligations, damages resulting from injury to life, body or health or claims under the Product Liability Act. The same applies to breaches of duty by Greworld GmbH's vicarious agents.
8. In the event of a gross breach of duty, Greworld GmbH is only liable up to the amount of foreseeable damage that was intended to be prevented by the breached duty. In the event of liability due to slight negligence according to paragraph 1, liability is limited to the foreseeable damage that is typical for the contract. The limitations of liability also apply to the benefit of the legal representatives, executives or vicarious agents of Greworld GmbH.
9. Essential contractual obligations of Greworld GmbH within the meaning of paragraph 1 are obligations whose fulfillment is necessary to achieve the goal of the contract.
§ 9 Retention of title
1. Until all claims to which Greworld GmbH is entitled from this contract against the buyer for any legal reason now or in the future have been fulfilled, Greworld GmbH reserves title to the delivered goods (reserved goods).
2. If the retention of title is lost in the event of a resale, the buyer hereby assigns all claims resulting from the resale in the amount of the amount owed to Greworld GmbH.
3. The buyer will immediately inform Greworld GmbH of any compulsory enforcement measures against the reserved goods and provide Greworld GmbH with the necessary documents.
§ 10 Final provisions
1. If both parties are merchants, legal entities under public law or special funds under public law, the place of jurisdiction for all disputes arising from this contract is Kaiserslautern.
2. German law applies exclusively to all claims arising from the contract, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
3. The invalidity of one or more provisions does not affect the validity of the remaining provisions.
4. All agreements that contain a change, addition or specification of this contract must be in writing to be effective. This also applies to the change or cancellation of this written form requirement
Directions
Greworld GmbH
Mailänder Straße 2, 67657 Kaiserslautern
Contact
TEL: +49 0631 41400388 +49 0631 41400389
E-mail: info@greworld-gmbh.com