GENERAL TERMS AND CONDITIONS
General Terms and Conditions of CHROMETEC. GmbH
The sale of all offered products is exclusively subject to our general terms and conditions. By placing your order you accept the following general terms and conditions.
1. delivery, payments, shipping
1.1.
Our offers are subject to change without notice, are quoted per piece (unless otherwise stated) and include the statutory VAT, unless otherwise stated. Shipping costs are incurred as stated, increases are subject to change. Delivery and invoicing shall be effected at the prices and conditions last updated by us before dispatch of the goods and while stocks last. In this respect, orders are generally to be regarded as binding offers, which we only accept through delivery. However, should we not be able to deliver, any amounts paid in advance will be refunded.
1.2.
Goods in stock will be dispatched within 24 hours after receipt of order and payment. Usually, delivery times of 24 - 72 hours can be expected. In exceptional cases the delivery time can be up to 30 days.
Should the delivery time exceed 30 days, the customer will be informed via email. If the buyer withdraws from the purchase contract after exceeding these deadlines, no costs will arise for both parties. Any advance payments made will be refunded immediately.
1.3.
In case of delivery difficulties due to force majeure, operational disruptions, material procurement problems, or labor disputes, CHROMETEC. GmbH shall not be liable for any costs that may arise. In such cases, the delivery period shall be extended by the period of time required to eliminate the problems. CHROMETEC. GmbH shall generally be entitled to make partial deliveries without prior agreement, provided that such partial deliveries are reasonable for the client. In these cases, the customer shall be obliged to accept them as well. The company CHROMETEC. GmbH reserves the right to substitute a product of equal value or to refuse delivery in case of unavailability.
1.4.
Unless otherwise agreed upon, all products shall be delivered by a transport company, at CHROMETEC's discretion. GmbH, at its discretion.
1.5.
In general, all deliveries shall only be made upon advance payment. For this purpose, the amount including shipping costs communicated by us via e-mail can be transferred to our account:
CHROMETEC. GmbH, Sparkasse Mainfranken, bank code: 790 500 00, account number: 470 657 68.
2. reservation of title
(2.1) We reserve the right of ownership of the delivered goods until all claims arising from the delivery contract have been paid in full.
(2.2) As long as the ownership has not yet been transferred to the purchaser, the purchaser is obliged to treat the purchased item with care. In particular, he is obliged to insure it sufficiently at his own expense against theft, fire and water damage at replacement value (note: only permissible when selling high-value goods). If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet been transferred, the customer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer shall be liable for the loss incurred by us.
(2.3) The treatment, processing or transformation of the purchased goods by the customer shall always be carried out in our name and on our behalf. In this case, the expectant right of the customer to the object of sale shall continue in the transformed object. If the purchased item is processed with other objects not belonging to us, we shall acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed objects at the time of processing. The same applies in the event of mixing. Insofar as the mixing is carried out in such a way that the customer's item is to be regarded as the main item, it is deemed to be agreed that the customer transfers proportional co-ownership to us and keeps the sole ownership or co-ownership thus created for us. In order to secure our claims against the customer, the customer also assigns to us such claims which accrue to him against a third party through the connection of the reserved goods with a property; we hereby accept this assignment.
(2.4) We undertake to release the securities to which we are entitled at the request of the purchaser if their value exceeds the claims to be secured by more than 20%.
3. warranty, liability
Warranty and notification of defects
3.1 Obvious defects must be reported to us in writing by the purchaser within 2 weeks of delivery of the subject of the contract.
3.2 The purchaser initially has the choice whether the subsequent performance is to take place by repair or replacement. We are, however, entitled to refuse the type of subsequent performance chosen by the purchaser if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the purchaser. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the purchaser is excluded. A rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless something else arises in particular from the nature of the item or the defect or the other circumstances. If subsequent performance has failed or if we have refused subsequent performance altogether, the customer may, at his discretion, demand a reduction of the purchase price (abatement) or declare his withdrawal from the contract.
3.3 The customer may only assert claims for damages on the following conditions due to the defect if the subsequent performance has failed or we have refused subsequent performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
3.4 Notwithstanding the above provisions and the following limitations of liability, we shall be liable without limitation for damage to life, body and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage covered by liability under the German Product Liability Act, and for all damage resulting from intentional or grossly negligent breaches of contract as well as fraudulent intent by our legal representatives or our vicarious agents. Insofar as we have given a guarantee of the quality and/or durability of the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage which is based on the absence of the guaranteed quality or durability but which does not directly affect the goods if the risk of such damage is obviously covered by the guarantee of quality and durability.
3.5 We shall also be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable. We shall not be liable for simple negligent breaches of secondary obligations not essential to the contract. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as the liability for legal representatives, executive employees and other vicarious agents is affected.
3.6 Any further liability is excluded regardless of the legal nature of the claim asserted. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
3.7 The warranty period is 2 years, calculated from the date of transfer of risk. This period shall also apply to claims for compensation for consequential damage caused by a defect, provided that no claims in tort are asserted.
4. data protection
4.1.
The CHROMETEC. GmbH shall be entitled to collect, store, and process the client's personal data required within the scope of the business relationship.
All personal data shall be treated confidentially.
The personal data collected from you shall be processed, used, and stored for the purpose of processing and executing your order. If necessary, your data will also be transmitted to affiliated companies and/or our service partners and processed and used by them for the purpose of processing your order.
5. other agreements
5.1 This contract and the entire legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
5.2 Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.