General Terms and Conditions of Sale and Delivery
1 Scope of the delivery obligation
The written order confirmation shall be decisive for the scope and execution of the delivery. Services which are not
not listed therein shall be invoiced separately. We must be notified in writing of any changes within two days of the date of the
in writing within two days of the date of the order confirmation.
2. prices
2.1 The prices are net ex warehouse D-Rheinfelden Herten, or if mentioned in the offer or AB ex works, or another warehouse location, but always including packaging (without exchange pallets) and excluding VAT.
2.2 In the event of increases in taxes and duties as well as fluctuations in raw material prices, we reserve the right to change prices, if necessary, even for current orders.
2.3 For orders with a value of less than € 150,- we charge a small quantity surcharge of € 25,-.
3 Payment
3.1 New customers unknown to us shall pay in advance. Other payment modalities only after consultation and our written confirmation. In the case of delivery on account, payment must be made within 14 days of the date of delivery/ dispatch of the goods, without deduction, in the currency offered and confirmed.
3.2 The payment dates shall also be observed if transport and delivery are delayed or made impossible for reasons for which we are not responsible.
3.3 It is inadmissible to reduce or withhold payments due to complaints, claims or counterclaims not recognised by us.
Unjustified discounts or other deductions will be charged subsequently.
4. retention of title
The delivered goods remain our property until the purchase price has been paid in full. The customer is obliged to inform us of any changes in the location of the delivered goods upon request. We may, at our discretion, convert this retention of title
register this retention of title in the retention of title register at our discretion.
5. delivery date
The agreed delivery dates are deemed to be approximate and will be adhered to by us whenever possible. In the event of a delay in delivery, the buyer shall only be entitled to exercise the rights to which he is entitled by law after a reasonable period of grace of at least four weeks has been granted. Events of force majeure shall entitle us to cancel our delivery obligations in whole or in part. 6.
6. transport and assembly
6.1 The costs and risks of loading and shipping the delivery ex works, port of shipment or warehouse shall be borne by the customer.
He shall also bear this risk if the transport (DDU + DDP) is organised by Arcawa and is also included in the prices.
included in the prices.
6.2 Unless expressly mentioned in writing, any fees and customs clearance costs are not included.
6.3 Benefit and risk shall pass to the purchaser at the latest upon dispatch of the delivery ex works or ex warehouse D-Rheinfelden Herten.
transferred to the customer. If the customer is in default of acceptance, they shall pass to the customer from the time of readiness for dispatch. 6.3
If necessary, we shall provide the customer with assembly instructions for each delivery. Unless otherwise agreed, the customer shall assemble the delivery himself at his own expense and risk.
7 Inspection of the delivery and notification of defects / No right to return goods.
The customer must visually inspect the delivery immediately upon receipt and have obvious transport damage acknowledged by the driver immediately and report it to us. Any defects in the unpacked goods must be reported in writing immediately, but at the latest within five (5) days of receipt of the goods. A return of the goods is always excluded if customer-specific adjustments are made. (special production, printing, engravings, special accessories, assembly of other rolls, etc.).
8 Warranty and liability
8.1 We guarantee that the ordered goods will be delivered in perfect condition. Parts that are demonstrably damaged or unusable as a result of poor material, faulty design or poor workmanship will be repaired or replaced at our expense within a reasonable period of time.
We shall repair or replace them at our expense within a reasonable period of time.
8.2 Excluded from the warranty are damages due to natural wear and tear, inadequate maintenance, disregard of assembly instructions, excessive load, chemical or electrolytic influences as well as all other reasons for which we are not responsible,
for which we are not responsible.
8.3 In the case of deliveries to commercial users, the obligation to pay compensation for material damage resulting from the Product Liability Act (Produkthaftpflichtgesetz BGBL 1988/99) as well as product liability claims that can be derived from other provisions are excluded.
excluded.
8.4 The warranty period is 36 months from delivery. Second-hand goods 3 months.
8.5 Any further claims of the customer beyond the guarantee according to clauses 8.1-8.4, in particular for damages or termination of the contract, are excluded. This also applies to consequential damages.
9 Validity of the conditions
These general terms and conditions of sale and delivery are binding for all transactions with Arcawa, if they are declared as applicable in the offer or in the order confirmation. Other conditions of the purchaser are only valid if they have been confirmed by us in writing. These terms and conditions remain valid even if parts of them are declared invalid. (Severability clause)
Yours sincerely, the management of Arcawa GmbH,
December 2018