Legal
1. General
The following terms and conditions apply to all transactions unless the contracting parties have expressly agreed otherwise in writing. Any other terms and conditions of purchase shall not apply even if the seller does not expressly object to them.
2. Offers and sales
All offers and agreements, including ancillary agreements, are subject to change and non-binding until confirmed in writing. All sales and transactions, whether through us
or our representative, are only binding upon our written order confirmation.
Dimensions, weights and illustrations in offers, price lists and brochures are approximate and not binding for the supplier.
3. Prices
Unless expressly confirmed otherwise by the seller, all prices are ex works or delivery warehouse, unpacked. The prices are based on the prices on the day of the offer or
The costs stated in the order confirmation. Should the costs change up to the time of delivery (sales invoice for commission transactions), these changes shall be to the benefit or expense of the buyer.
4. Delivery time
The delivery period begins on the date of final order confirmation, but not before all details of the order have been clarified. It is determined in such a way that it can be met with a high degree of probability under normal production conditions.
The seller is entitled to make partial or advance deliveries. In the event of a delay in delivery by the seller, the buyer is entitled to grant the seller a reasonable grace period.
Withdrawal from the contract by the buyer is only permissible after prior setting of a reasonable grace period and warning of withdrawal.
Cases of force majeure and unavoidable events release the seller from compliance with delivery deadlines, even if binding delivery deadlines have been agreed upon, and entitle him to withdraw from the contract in whole or in part. Claims for damages due to non-performance or
delayed fulfillment are excluded.
5. Shipping, packaging, transfer of risk and notification of defects
The carriage of goods ex works (or distribution warehouse) of the supplier is always at the buyer's risk, even if sold carriage paid, fob or cif.
Packaging is charged at cost price and is not taken back.
Complaints about defects must be made immediately, but no later than one week after receipt of the goods at the destination, exclusively in writing and by registered mail.
In the event of a complaint, the seller shall, at its discretion, undertake to provide a free replacement or to compensate for the loss in value. Further claims for compensation of any kind are excluded.
6. Warranty
The buyer's warranty claims are governed by statutory provisions. The warranty period is not extended by remedying defects.
7. Retention of title and payment
The goods delivered by us remain our property until all claims, including those from previous deliveries, have been paid in full in accordance with Section 455 of the German Civil Code (BGB). This also applies if the purchase price for specific deliveries of goods specified by the customer has been paid.
The purchaser shall not be entitled to resell the goods delivered by us subject to retention of title if he agrees to a contractual condition of his customer according to which purchase price claims against his customer may not be assigned.
However, the customer remains entitled to collect the claims assigned to us as long as he duly fulfills his payment obligations to us. The customer is obligated, upon our request, to inform us of the debtors of the claims assigned to us and their amounts, and to notify the debtors of the assignment.
Any processing or transformation of the purchased item by the buyer or a third party is always carried out for JUWEL H. Wüster GmbH. If the purchased item is processed with other items not owned by JUWEL H. Wüster GmbH, JUWEL H. Wüster GmbH acquires co-ownership of the new item in proportion to the value of the purchased item to the other processed items at the time of processing.
If the purchased item is mixed with other items not owned by JUWEL H. Wüster GmbH, JUWEL H. Wüster GmbH acquires co-ownership of the new item in proportion to the value of the purchased item to the other mixed item at the time of mixing. If the purchaser's item is to be considered the main item, the purchaser must transfer co-ownership to JUWEL H. Wüster GmbH in proportion.
At the customer's request, we undertake to release the securities to which we are entitled hereunder at our discretion, provided that their realisable value exceeds the claims to be secured by 20%.
In the event of non-timely payment of a purchase price installment, we are entitled to withdraw from the delivery contract without the need to set a deadline. After declaring withdrawal, we are entitled to take possession of the goods delivered by us subject to retention of title and to remove them from the customer's business premises if the customer is unable to make payment. The repossession and seizure of the reserved goods constitute a withdrawal from the contract.
The purchaser shall grant us or our agents access to all of his business premises during business hours in order to check whether the goods subject to retention of title are still present.
8. Place of performance and jurisdiction
The place of performance is the registered office of the seller, even if the handover takes place at another location as agreed.
The exclusive place of jurisdiction for all legal disputes arising from supply contracts shall be the ordinary courts responsible for the Seller’s registered office.