Terms and Conditions
They apply to the granting of the order as accepted by the buyer and legally binding. Deviating conditions of the Buyer are expressly rejected. If you have been accepted in previous deliveries deviations of our sales and delivery conditions, so these represent exceptions and are not valid for this business.
Our offers are subject to change, samples and specimens are without any commitment. All agreements shall be effective only after written confirmation.
Our prices are in € ex works and do not include freight, packing and insurance, unless otherwise agreed in writing. The respective statutory value added tax (VAT) is charged separately and in each case by the customer (buyer) to wear.Prices are subject to change and are based on the current cost situation. Should there be any changes to the delivery in the cost factors, eg through price increases for raw materials or wage increases, we reserve the right to appropriate adjust our prices. This also applies to orders already confirmed.
For the delivery dates, the date of order confirmation. You do not start before complete clarification of all details of the order and receipt of all necessary documents to complete the order and terms of payment. The delivery deadline is met, if left to its expiration, the merchandise leaves the factory or the customer has been notified.
If we are late in delivering, the purchaser may rescind the contract after he has put us in writing a reasonable extension failed. Claims for damages are only under the conditions of para. May 10th
Partial deliveries and partial services are permitted, as a quantitative over-or under-supply of up to 10%. Each partial delivery shall be deemed special business.
Force majeure shall entitle us to draw the delivery for the duration of disability and for a reasonable time or because of the unfulfilled portion of the contract in whole or in part. The Strikes, lockouts or unforeseeable circumstances such asBreakdowns, but also the lack of transport and convey to us through no fault of lack of raw materials and energy, the same that make us the timely delivery impossible, despite reasonable efforts. This applies even if the aforementioned delays occur during a delay or at a sub-contractor. We'll notify the buyer immediately when a case of force majeure, as described above occurs. The buyer can ask us in such a case, to explain within two weeks whether we withdraw or deliver within a reasonable period of want. If we fail, the customer may withdraw from the unfulfilled portion of the contract.
4th Decrease / return
If the Purchaser's obligations do not decrease, so we are free without prejudice to any other rights to sell the goods delivered to private contract after prior notice to the customer. The rules regarding re-sale, we are not bound thereby.
If the buyer after contract award the contract, except in cases of Section 9 is present, and declare we hereby agree, then the buyer to pay a 10% gap-sum of the sales price shall, without having a corresponding loss need to prove
Redemptions of items delivered in perfect condition goodwill paths set, packing and freight-free delivery date ahead by understanding. We are used to calculate reasonable, we are entitled by the withdrawal of the costs incurred.
5th Shipping / risk transfer
Unless otherwise agreed, we are left with the determination of dispatch and the shipment route-without leaving transport-guarantee for the fastest and cheapest.
By leaving the works, the risk passes to the purchaser, regardless of whether we perform the delivery himself or cause to be carried and who bears the freight costs. If the customer delays a delivery, the risk shall pass to the release of the shipment.
The insurance of the shipment is the sole responsibility of the purchaser.
Unless otherwise agreed, our invoices are independent of the receipt of the goods and the right of the complaint within 30 days after the invoice date net cash payable. Any cash discount is negotiable. A prerequisite for any cash discount is that all financial obligations have been discharged from previous deliveries
Payment invoices are payable within 18 working days per VOB without deductions.
Bills and checks are accepted only by special agreement and only half over for collection, and we assume no responsibility for the timely presentation and protest and go collection and discount charges payable by the purchaser.Payments are made only when we can finally have, after deducting all costs incurred by us on the invoice amount plus all utilities and are exempt from any liability on the bill. In so-called check traffic so that the check payment is not a final payment of an invoice, but only the payment of the bill by the drawee.
All payments are, if not expressly agreed otherwise, be counted on each of our oldest claim.
Non-compliance with the terms of payment or circumstances which raise serious doubts about the creditworthiness of the customer justify the immediate payment of all of our claims without regard to the maturity of any bills for violations. You authorize us to perform on-standing deliveries only against advance payment or security deposit, and withdraw from the contract or demand damages for non-compliance, as well as retention of title rights to claim goods not yet paid at the expense of the customer back-zuholen and about collateral paid to exploit.Entrance at the delay, we are entitled to charge interest at 8% above the base rate. The claim further damages shall remain unaffected.
The offsetting of the buyer's claims against our claims is only permissible if the claim is accepted by the buyer or legally determined.
7th Credit Limit
If a supplier's credit (credit limit) for the ongoing purchase of goods is agreed, this is in terms of a
Exposure limit to understand our part and sets the unconditional adherence to defined-payment terms
advance by the purchaser.
8th Retention of title
We retain title to the goods delivered until full payment of all we have against the customer from the business accruing to claims, even if the purchase price paid for specifically designated claims.
The individual claims is a current account and the balance and its recognition does not affect the retention of title. As payment the receipt of the equivalent is with us. If in connection with the payment of the purchase price, a liability on our part, the right of retention of title until the bill of exchange by the buyer as drawee.
Any treatment or processing of the reserved goods by the purchaser, excluding the acquisition of property under § 950 BGB for us, without obliging us. When processed with other goods not belonging to us by the purchaser to us in proportion to the value of the goods to the other processed goods at the time of processing, the ownership of the new goods. The object created from the processing of new business our (co-) ownership interest shall be deemed reserved goods under these conditions.
The resale of the goods, the Purchaser and on normal commercial traffic permitted on the condition that he agreed with its customers to secure our rights is also a retention of title in accordance with the foregoing. The authorization of the customer to dispose of the reserved goods however ceases if and when he and his customers regarding a prohibition of assignment of receivables from the sale is agreed. To dispose of the goods, in particular pledging or security transfer, the purchaser is not entitled.
The purchaser hereby assigns his claims from a resale of the goods with all ancillary rights to us. We accept the assignment. Regardless of the assignment and our authority to collect the customer is authorized to collect as long as he fulfills his financial obligations and is not in decaying assets falls. Has at our request the customer to collect the necessary infor-mation about the claims assigned to do and inform the debtors of the assignment.
If the buyer defaults on payment or otherwise is in breach of contract, we are also not entitled to rescind the contract, take possession of the goods and recycle. The cancellation of the contract requires a written notice of withdrawal.
The Purchaser shall ensure the retention of title amounts to adequately against fire and theft. Claims against the insurance from an insured event are already assigned to the value of the affected subject goods to us.
Complaints due to wrong delivery, quantity discrepancies or defects to the extent ascertainable by reasonable investigation, immediately, at the latest 14 days after receipt of the goods in writing. In case of hidden defects, the period extends to one week after discovery. Failure to submit timely objections shall be an acknowledgment of the correctness and completeness.
When complaint is justified, we are obliged to choose either to remedy the defect or free replacement. When repeatedly failed subsequent purchaser can demand a reduction of the price or withdraw from the contract occurred. Claims for damages are only under the conditions of para. May 10th
10th Limitation, general limitation of liability
Warranty claims expire within twelve months after receipt of goods. The same applies to claims. Other claims are limited within the same period beginning with the emergence of the claims.
Claims for damages are excluded, unless the damage from the loss of life, limb or health is based on a negligent breach of duty Gayko window-door GmbH or any intentional or negligent breach of duty by a legal representative or agent of Gayko window-door work Ltd. based or other damage to it is based on a grossly negligent breach of duty Gayko window-door GmbH or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the window-door Gayko GmbH.
The foregoing provisions relating to prescription and limitation of liability for damages are contrary to provisions of the Product Liability Act shall not apply.
If deliveries are made in accordance with drawings, specifications, samples, or using parts made of, for the customer, this is one for that third parties are not infringed thereby. The Purchaser shall indemnify us against third party claims.We will prohibit the manufacture or delivery of a third party relying on a property right belonging to him, so we are no-check the legal right, to suspend work.
About us drawings or samples that have not led to the order will be returned on request, otherwise we are entitled to destroy them three months after submission of the offer.
By us or on our behalf by a third party made sketches, drawings, Mo models, molds and tools we use in every case, the exclusive right of manufacture. You may not be disclosed to third parties without our express written consent.
Our trademarks are affixed to the goods supplied by us. They are therefore also of our customers to use, especially by them from the manufactured goods we deliver products (eg windows) are provided for those of us manufacturing documentation, know-how and through local advertising. Any use of our trademark is exclusively and strictly limited to the use of their goods, products made and the advertising of those products. The use of (- permit) expires with the termination of business relationship.
12th Performance, Jurisdiction, Applicable Law
Performance is Wilnsdorf.
Jurisdiction is the legal transactions with merchants, if the contract is part of their business, with legal entities of public law and public law special fund exclusively our headquarters, including documents, bills and checks.
Agreed the law of the Federal Republic of Germany excluding the UN Sales Convention (CISG).
The Purchaser may not assign his contractual rights, without our expressconsent to third parties.
If any provision of these Terms and Conditions or any provision in any other
Agreements are invalid or are affected, the validity of all other provisions or
Agreements do not.
The Gayko Fenster-Türenwek GmbH collects, processes and uses your informationfor purposes of managing our customer relationships. A transfer of the abovedata to third parties within the Gayko Fenster-Türenwek GmbH and for the purpose of billing. Where necessary for safeguarding legitimate interests of the Gayko Fenster-Türenwek GmbH is required to transmit the Gayko Fenster-Türenwek GmbH billing data to collection agencies.
The Gayko Fenster-Türenwek GmbH ensures that the legitimate concerns of thecustomers are not affected.
Gayko Fenster-Türenwerk GmbH
Dortmunder Str. 6, D-57234 Wilnsdorf