Home > General terms and conditions
The following terms and conditions apply exclusively to our sales. They shall be deemed to be accepted upon placing of the order and shall exclude any conflicting terms and conditions of the purchaser in principle. We are not obliged to check deviating purchasing conditions of the purchaser.
Deviating agreements, collateral agreements and verbal arrangements shall not be valid unless confirmed by us in writing. If we once exercise leniency in asserting our rights, this shall not be deemed a waiver of compliance with these General Terms and Conditions. Our silence in response to statements or actions of customers or other persons shall in no case be deemed to constitute consent. If individual parts of these terms and conditions are invalid or void, the remaining parts shall remain valid. The invalid or void provisions shall be replaced by such provisions that correspond or come closest to the economic purpose of the invalid or void provisions.
Offers are subject to change and non-binding. Declarations of acceptance and orders are only binding for us if they are confirmed in writing or if they are complied with by sending the goods. The sending of the invoice shall also be deemed to be written confirmation.
In the case of custom-made products, withdrawal from a legally binding order or return of goods is not possible. This also applies if the order was only placed verbally.
The prices stated in the spring shaft price list are in EURO ex works, excluding VAT and packaging costs.
VAT will be added to these prices at the rate applicable at the time of delivery. For foreign orders we charge a handling fee of 15.00 EURO (delivery to the EU, invoice amount less than 1000.00 EURO) or 30.00 EURO (all deliveries to non-EU countries). With the publication of a new price list or with appropriate notification, the old list loses its validity.
The prices stated in the price lists of awnings, venetian blinds, pleated blinds, roller blinds, double roller blinds and vertical blinds are in EURO and for deliveries within Germany free domicile including packaging and VAT. For foreign orders the prices are net and free German border. All other prices of the remaining sun protection products or services such as repairs, fabrics, accessories, etc. are in EURO ex works, plus VAT and packaging costs.
For shipping by forwarding agency a special flat rate will be charged, from a distance of 100 km.
The confirmed delivery times will be adhered to as far as possible. Events of force majeure, lack of supply of raw materials, hindrances in manufacturing, non-compliance with our conditions release us from our delivery obligation. The prerequisite for compliance with delivery deadlines is correct and timely delivery to us by our suppliers. If the delivery is delayed due to circumstances for which we are not responsible
If delivery is delayed due to circumstances beyond our control, force majeure, labor disputes, riots, official measures, failure of our suppliers to deliver and other unforeseeable, unavoidable serious events, the delivery period shall be extended by the duration of this delay and a reasonable grace period.
Claims for damages for delays due to these reasons cannot be raised. If the Seller is in default of delivery, the Purchaser must expressly record this and grant a reasonable grace period of four weeks. If the purchaser is a merchant, the
the period of grace shall be extended to eight weeks. The notice of default must be made in writing.
The packaging will be invoiced as a percentage of the value of the goods. If, at our discretion, crate packaging is required to protect the delivery, this will be invoiced and credited at 2/3 of the value if the goods are returned carriage paid within 14 days.
If the return is not in perfect condition and longer than 4 weeks, the return may be excluded. The buyer is then obliged to reimburse the seller for the value of the packaging. All other packaging cannot be taken back. If the delivery is made in lattice boxes, these will be given to the customer in exchange for empty lattice boxes.
In the case of an ongoing business relationship with the customer, payment must be made – unless otherwise agreed – within 8 days of the invoice date less 2% discount or within 20 days of the invoice date net without deduction. The cash discount does not apply to repairs, cleaning, accessories and to heavily discounted prices. We count the periods of payment transactions towards the cash discount periods, so that cash discount can only be claimed if the payment has also been credited to us within the cash discount period.
The above provision shall also apply if the invoice is dated prior to delivery. However, if an order is based on a quotation or a contract for work and services, the terms of payment contained in the quotation or agreed in the contract for work and services shall apply to this order. In the case of new customers, delivery shall only be made against advance payment.
If the customer exceeds the payment terms granted, we shall be entitled to charge interest on arrears as default damages at a rate of 6% above the prime rate and, if the customer is not a consumer, at a rate of 9% above the prime rate. We reserve the right to claim further, verifiable damages. As of the 2nd reminder, we shall additionally charge a reminder fee of € 8.00.
If the buyer falls into financial collapse or if a significant deterioration in his financial circumstances becomes known which is likely to jeopardize our payment claims, discounts and other benefits may be revoked. In such a case, we can refuse outstanding services until a requested reasonable advance payment is made or securities are provided, without prejudice to further legal options. If the purchaser refuses or allows a set deadline to expire, we shall be entitled to withdraw from the contract and to
withdraw from the contract and demand compensation.
We retain title to the goods delivered by us and to any new items resulting from the combination or processing of the delivered goods until payment of all our claims, including bills of exchange, checks and all ancillary services, as well as settlement of any balance arising from the existing current account relationship that is debited to the account. The Buyer shall be entitled to process the items within the scope of his business, however, with the proviso that we acquire ownership of the intermediate and final products. We shall therefore be deemed to be their manufacturer. The buyer is merely the custodian. This shall also apply if the items created by a combination are more valuable than the items delivered, but the processed goods shall serve as our security only to the extent of the value of the items delivered under retention of title.
The buyer may resell the goods delivered by us only in the ordinary course of business. Other dispositions, in particular the pledging and transfer of ownership by way of security of the goods delivered by us shall not be permitted without our consent. The purchaser shall assign to us the full amount of all claims to which he is entitled from the resale or for any other legal reason – without any exception – irrespective of whether the goods subject to retention of title are resold without or after processing or whether they are resold to one or more purchasers. The assigned claims shall serve as security for us only to the amount of the value of the respective items sold subject to retention of title. The Buyer shall notify us immediately of any execution on the goods subject to retention of title and provide us with a copy of the seizure report. The same shall apply in the event of a seizure of the claims assigned to us under these terms and conditions.
The Seller is entitled to withdraw from the offer and from the contract if, after its conclusion, there is a significant deterioration in the financial circumstances of the Buyer which endangers the claim to consideration or if such a situation of the Buyer, which already existed at the time of the conclusion of the contract, only becomes known subsequently. Instead of withdrawing from the contract, the Seller may demand immediate cash payment. Evidence of such events shall be deemed to be provided by information from a reputable credit agency or bank. If such circumstances exist, but payment by bill of exchange has been agreed with the Buyer, the Buyer may demand immediate cash payment upon return of the bill of exchange.
If we take over the assembly, the following measures are to be borne by the customer, even in the case of completely offered systems: provision of scaffolding in accordance with the regulations of the professional associations, delivery of building electricity, any masonry, plastering and trunk work that may be required, installation of electrical supply lines as well as the installation and connection of switches and control devices in accordance with the regulations of the VDE. The installation shall be carried out on the condition that it can be carried out quickly and without interruption. Increases in costs due to interruptions in installation for which the customer is responsible shall be borne by the customer.
The warranty for delivered goods is given in such a way that replacements will be supplied free of charge for parts that have demonstrably become unusable as a result of material defects within 2 years of delivery. Further claims are excluded. Also excluded from the warranty are defects caused by force majeure, atmospheric influences or improper assembly.
Warranty for color deviations as well as differences in quality, dimensions, thickness, weight, etc. shall not be assumed if differences of this kind do not exceed deviations customary in the industry. Samples and specimens are only contractually binding if we have given express written assurances in individual cases. The tolerance range in accordance with the guidelines customary in the industry shall also apply in this case.
Complaints can only be considered if they are made in writing within 10 days after receipt of the goods. Minor deviations as well as technical changes are reserved and do not entitle to complaints.
In the case of justified complaints, we reserve the right to remedy defects in a cost-effective manner, by repairing the product, making a replacement delivery or reducing the sales price accordingly. A new warranty period shall not be set in motion by a rectification of defects. Claims exceeding the respective invoice value of the article complained about cannot be accepted.
Claims for consequential damages are excluded.
Gewähr für Farbabweichungen sowie Differenzen in Qualität, Abmessungen, Dicke, Gewicht u.ä. wird nicht übernommen, wenn Differenzen dieser Art branchenübliche Abweichungen nicht überschreiten. Muster und Proben sind nur vertragsverbindlich, wenn wir im Einzelfall ausdrücklich schriftliche Zusicherungen gegeben haben. Der Toleranzbereich nach den branchenüblichen Richtlinien besteht auch in diesem Fall.
Beanstandungen können nur, wenn sie innerhalb von 10 Tagen nach Empfang der Ware schriftlich angezeigt sind, berücksichtigt werden, kleine Abweichungen sowie technische Änderungen bleiben vorbehalten und berechtigen nicht zu Beanstandungen.
Bei berechtigten Reklamationen behalten wir uns vor, Mängelbeseitigungen auf kostengünstige Weise vorzunehmen, durch Nachbesserung des Produktes, Ersatzlieferung oder entsprechende Minderung des Verkaufspreises. Eine neue Gewährleistungsfrist wird durch eine Nachbesserung nicht in Lauf gesetzt. Ansprüche, die über den jeweiligen Rechnungswert des beanstandeten Artikels hinausgehen, können nicht anerkannt werden.
Ansprüche wegen Folgeschäden sind ausgeschlossen.
Our liability shall be governed exclusively by the provisions set forth in these General Terms and Conditions.
All claims not expressly granted therein, including claims for damages – on whatever legal grounds – are excluded. This applies in particular to claims for damages arising from a breach of obligations during the initiation of contractual negotiations and during the initiation of the contractual relationship and from tort. We shall therefore not be liable for damage that has not occurred to the delivered goods themselves.
delivered goods. In particular, we shall not be liable for loss of profit or other financial losses of the buyer.
However, the above limitations of liability shall not apply in the event of intent, gross negligence on the part of our legal representatives or executive employees, or culpable breach of material contractual obligations. In the event of culpable breach of material contractual obligations, we shall only be liable for reasonably foreseeable damage typical of the contract.
The limitation of liability shall not apply, in particular, in those cases in which liability is assumed under the Product Liability Act for personal injury or property damage to privately used objects in the event of defects in the delivered goods. It shall also not apply in the case of injury to life, body or health and in the case of the absence of agreed qualities, if and to the extent that they have the specific purpose of protecting the purchaser against damage that has not occurred to the delivered goods themselves.
Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, legal representatives and vicarious agents.
Externally visible damage or loss.
Normally, the recipient is notified by the post office, railroad or forwarding agency of the receipt of a damaged or partially lost consignment. However, if, contrary to the norm, in individual cases a damaged or incomplete consignment is delivered to the recipient without prior notification of the defect present, the recipient must in any case obtain confirmation upon receipt of the consignment that the consignment has been received damaged or incomplete. The recipient must ensure that an inventory is made. Damage not immediately apparent.
In the case of damage that is not externally visible and only becomes apparent upon unpacking, the shipment must remain unchanged until an authorized representative of the postal service, parcel delivery company, railroad or freight forwarding company has satisfied himself of the condition of the shipment. The transport company must be notified immediately.
Claims for damages will only be recognized if the notification is made within specified deadlines. For UPS, parcel carrier and the forwarding agency, the deadline is 7 days after delivery of the shipment to the recipient.
The investigator prepares the statement of facts. After the damage has been properly ascertained, the consignee of the claimed shipment shall have the damage repaired by us, or, in case of major damage, a replacement shall be delivered or the lost parts shall be redelivered.
The consignee shall submit the invoice together with the already available statements of facts to the transport company for the purpose of reimbursement of the costs.
The customer is aware that the products manufactured by us are made-to-measure or custom-made products.
Cancellations, cancellations and suspensions of a validly placed order are only permissible until the completion of a product (§ 649 BGB).
(§ 649 BGB).
In the event of a termination, suspension or cancellation, we shall be entitled to claim the costs incurred up to the time the termination, suspension or cancellation becomes effective.
costs incurred up to the point in time at which the termination, suspension or cancellation takes effect, as well as a pro rata profit corresponding to the costs.
Place of performance for delivery and payment is
64653 Lorsch (Bergstrasse)
The place of jurisdiction is the local court of 64625 Bensheim.
However, we reserve the right to sue the customer also at the court competent for his place of residence. German law shall apply to delivery contracts, the validity of the provisions of the Uniform Law on the International Sale of Goods is expressly excluded.