Terms and Conditions
General Terms and Conditions of Business and Delivery (GTC) of Robert Helwig GmbH (Hero), Königs Wusterhausen (as at: April 2021)
1. General Provisions
1.1 Our deliveries and services shall be provided exclusively in accordance with the following provisions, unless otherwise expressly agreed in writing.
1.2 Hero’s General Terms and Conditions apply to all offers, sales, deliveries and other services provided to businesses within the meaning of Section 310(1) of the German Civil Code (BGB).
1.3 The place of performance shall be our business premises; the place of jurisdiction shall be Cottbus.
1.4 The matter shall be governed exclusively by the applicable law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. Quotation, conclusion of contract, price
2.1 Our quotations are subject to change. Written and verbal orders, other agreements and verbal side agreements shall only become effective and binding on Hero upon written confirmation. In the event of immediate delivery, the order confirmation may be replaced by our invoice.
2.2 Our deliveries and services are provided on the basis of the currently valid price lists. Should these prices change after an order has been placed, we are entitled to charge the purchaser the revised prices upon delivery or provision of the service. Our prices are quoted net cash ex warehouse/factory, plus the applicable statutory value-added tax.
3. Delivery, transfer of risk
3.1 Deliveries are made ex-warehouse/ex-works at the buyer’s expense. Hero is responsible for choosing the route and means of transport.
3.2 Unless otherwise agreed, the goods will be dispatched uninsured.
3.3 The risk passes to the purchaser of the goods/services upon their departure from the warehouse/factory or upon handover to the forwarding agent or carrier.
3.4 Goods reported as ready for dispatch must be collected without delay. If this is not done, the customer shall bear any additional storage or dispatch costs.
4. Delivery times, reservation of right to supply
4.1 Delivery periods and dates shall generally be one week after order confirmation and the date of receipt by the customer, or thereabouts, unless a specific date has been agreed in writing.
4.2 Hero reserves the right to withdraw from the contract, either in part or in full, in the event of non-delivery or delays on the part of its suppliers. The customer agrees to accept partial deliveries.
4.3 In the event of force majeure, e.g. mobilisation, war, civil unrest, natural disasters, strikes, lockouts or other events, Hero may extend the delivery times by a reasonable period or withdraw from the contract in whole or in part.
4.4 If Hero is in default, the customer/purchaser is entitled to set a reasonable grace period and, if this is not met, to withdraw from the contract. Claims for damages are excluded unless Hero can be shown to have acted with gross negligence.
5. Notification of defects, warranty
5.1 The customer must inspect the goods immediately for any defects.
5.2 Any defects must be reported in writing without delay, and at the latest within 8 days of receipt of the goods; otherwise, the goods shall be deemed to have been accepted.
5.3 Hero reserves the right to inspect the defect.
5.4 Where there is a defect for which Hero is responsible and which has also been notified within the prescribed time limit, Hero shall, at its discretion and within a reasonable period, rectify the defect in the service free of charge, or supply a suitable replacement, or compensate for the loss of value (subsequent performance).
6. Disclaimer, Limitation Period
6.1 Claims for damages, for whatever reason, are excluded, except in cases of wilful misconduct or gross negligence on the part of Hero.
6.2 All claims against Hero, regardless of their legal basis, shall become time-barred no later than 6 months after the risk has passed to the buyer.
7. Prices, Terms of Payment, Late Payment
7.1 Our deliveries and services are provided in accordance with the currently valid price lists.
7.2 Hero reserves the right to require advance payment up to the amount of the invoice.
7.3 Unless expressly agreed otherwise, the following shall apply to all invoices:
a) Payable within 8 days with a 2 % discount
b) Payable within 30 days net at the latest.
7.4 Cheques and bills of exchange are accepted only on account of performance and shall not be deemed payment until they have been honoured. The acceptance of bills of exchange requires an express agreement. Bill charges and discount shall be borne by the buyer.
7.5 If the payment term specified in clause 7.2 or otherwise agreed is exceeded, the buyer shall be in default without the need for a written reminder. Hero shall then be entitled to charge interest on arrears at a rate of 8 % above the base rate.
7.6 The costs of a reminder and any necessary legal action (legal proceedings), including all necessary information-gathering and debt collection fees, shall be borne by the purchaser, the debtor.