Terms of Service

1. The following terms and conditions of trade apply to all offers, supplies and services and also to all future legal relations, without the need for a special agreement or reference. The Customer’s conditions of trade or purchase will only be valid if and as far as expressly agreed in writing; there is no need for a contradiction.
2. Our quotations are subject to change. Our employees are not authorised to conclude a deal or to amend these terms and conditions. Orders and purchase transactions will only be binding on us when they have been confirmed by us in writing or when they have been fulfilled by delivery. The scope of the contract is deemed to be only what is contained in the purchase order/quotation or – in the absence thereof – in our order confirmation and which is not contradicted within a period of one week. Should our order confirmation differ from the Customer’s order, the difference is considered approved unless a written contradiction is submitted within two weeks of receipt of our order confirmation. The date that we receive the contradiction determines whether the deadline has been observed.
3. The following applies to regeneration orders:
   Our quotations are always subject to change. The Customer must classify the type and extent of regeneration to be performed on formwork, scaffolding and accessories. This will form the basis for any order confirmation. Should regeneration work be performed on our own premises, a delivery receipt and a delivery note for returned goods will be issued in favour of the customer. We are entitled to decline regeneration work if its volume differs from the information supplied by the Customer. However, in the event of differences we are entitled to submit a supplementary offer to the Customer. If this is not contradicted within 3 days, it will be considered to be a binding agreement.
4. All prices are subject to the statutory value added tax valid on the day of delivery. Unless otherwise agreed, the price quoted is for shipment from the distribution centre or branch depot. The prices quoted in our order confirmation or in the sales contract are binding on us unless material prices or wages increase during the performance of the order. An increase in these costs will entitle us to adjust the final price in line with the actual cost increase. We will be entitled to apply a reasonable price increase in transactions with non-commercial customers if performance or delivery is not due within four months after conclusion of the contract. However, the Customer is entitled to withdraw from the contract if the price increase exceeds 5 % of the agreed price. The Customer is not entitled to assert any further legal claims.
5. If freight charges, duties or fees are introduced or increased after conclusion of the contract, we will be entitled to adjust the price accordingly even if delivery carriage paid and/or duty paid has been agreed.
6. Our invoices are due immediately on receipt unless special payment periods are agreed. Any discounts granted will become invalid if the Customer falls into arrears with the payment of other accounts with respect to us, in the event of protested bills, if it becomes known that insolvency proceedings have been applied for or if such an application is declined due to insufficient assets.
7. Payment by bills of exchange requires special agreement. Bills of exchange and cheques will only be accepted on condition that they will be honoured and on account of payment. The Customer must bear any note tax and other related charges and must reimburse these immediately upon request. Credit items will always be valid subject to their receipt and will be effected as of the date when the equivalent amount is at our disposal.
8. We charge interest for late payment in accordance with legal provisions.
9. The Customer will only have a right of retention or the right to withhold performance insofar as it is based on the same contractual relationship and he/she is not a commercial businessperson.
10. The Customer will only have a right to offset a claim with claims against us that we acknowledge or that have been legally established against us. Counterclaims are excluded accordingly. The customer can only assign claims against us, irrespective of their type, with our prior written consent.
11. Delivery periods only start upon the date of our order confirmation. Insofar as we fail to meet a precise delivery date or delivery period that has been agreed, the Customer can only infer legal consequences after having granted us an appropriate extension in writing. Where delivery has been agreed on a call-off basis, an adequate extension is agreed to be at least three weeks after receipt of a call order.
12. Periods will not run or will be extended correspondingly if the Customer fails to meet his/her obligations in due time, in particular with regard to downpayments. The date on which the amount is credited to our account is decisive. Cases of force majeure, even if they happen to a pre-supplier or subcontractor, entitle us to delay delivery or performance by the duration of the obstruction and an appropriate start-up period or to withdraw from the contract entirely or partially with regard to the part of contract that has not yet been fulfilled. Force majeure is considered to include strike, lockout, mobilisation, war, blockade, export and import bans, transport stoppages and other circumstances, in particular delayed delivery of incoming goods to our company, that are beyond our control and that make delivery unreasonable or impossible.
13. Insofar as the Customer grants a reasonable period for performance after we fail to deliver by the agreed date, he/she will be entitled, on expiry of the deadline extension, to withdraw from the contract unless we could not have expected the withdrawal in spite of the deadline extension. The Customer is not entitled to any further claims unless they are prescribed in accordance with the law. All claims for damages as a result of extended construction periods and standstills and any resultant costs irrespective of whoever caused them are excluded from our liability.
14. The shipment is at the Customer’s risk even if delivery free of charge has been agreed. Transport insurance will only be taken out at the Customer’s written order and at his/her expense.
15. If the transport of goods ready for shipment or their dispatch is delayed owing to circumstances for which we are not responsible, the risk will be transferred to the Customer from the date that they are ready for shipment. In this case, delivery times are considered to be fulfilled with effect from the date that the goods are ready for shipment.
16. Partial deliveries are permitted and are then considered to be transactions that are executed separately.
17. We must be informed immediately in writing of obvious defects. Complaints about such defects made at a later date will not be considered. If the Customer is a commercial businessperson, he/she will bear the burden of evidence for all conditions of entitlement, in particular for the defect itself, for the date when the defect was ascertained and the timeliness of the notification of the defect.
18. The assertion of warranty claims against us requires proof that the goods were used in accordance with the manufacturer’s guidelines. Before using or processing delivered goods, the Customer must first inspect them thoroughly and check whether they are suitable for the intended purpose. If damage is discovered, for example when using regenerated materials, we must be informed immediately with an appropriate damage record. Notification of defects will not be permitted after the materials have been used or processed.
19. Non-commercial customers will be entitled to provide notification of defects in accordance with statutory provisions.
20. Where there is just reason for the notification of defects, we will provide warranty in the form of subsequent improvement or delivery of replacement at our discretion. If the Customer is a consumer, he/she may choose whether supplementary performance should be effected in the form of subsequent improvement or replacement. However, we are entitled to refuse the chosen method of supplementary performance if this is only possible in connection with disproportionate expense on our part and the alternative method of supplementary performance does not result in substantial disadvantages for the Customer. Should supplementary performance fail, the Customer may, as a matter of principle, choose to demand a reduction in payment (abatement) or rescission of the contract (withdrawal). The Customer will not be entitled to withdraw from the contract in the event of only a slight infringement of contract, in particular when only minor defects occur. Should the Customer withdraw from the contract on account of a legal or material defect after subsequent performance has failed, he/she will not be entitled to claim additional damages as a result of the defect. If he/she chooses compensation for damage after subsequent performance has failed, the goods will remain with the Customer, insofar as this is reasonable. The claim for damages will be limited to the difference between the purchase price and the value of the defective goods. This does not apply if we caused the breach of contract maliciously.
21. The sale of used objects to commercial businesspeople is effected without any warranty. Otherwise the warranty period for businesspeople is limited to one year after delivery of the goods. For Consumers, the goods will be subject to a two-year period of limitation from the date of delivery if they are used. However, notification of the defect must be given in accordance with section 17.
22. If the Customer refuses to accept ordered goods, or if he/she does not comply with an extension of at least two weeks granted to him/her, we are entitled to withdraw from the contract or to demand compensation as a result of non-fulfilment. In this regard, we may demand at least 20 % of the agreed price unless the Customer furnishes proof that damage did not occur at all or did not amount to the value set. We are entitled to claim higher compensation if we can prove that it occurred. If the Customer is late in accepting or taking delivery of goods, we will be entitled to store the objects to be supplied with a forwarding agency or in a warehouse at the Customer’s expense and risk. We can charge appropriate remuneration for storage at our premises.
23. Claims for compensation against us, irrespective of their legal basis, will only be valid if there is proof that we, or the persons for whom we must accept liability, acted with gross negligence or intent. In the case of a slightly negligent breach of insubstantial contractual obligations, we will not be liable towards commercial businesspeople; otherwise only for the foreseeable, direct average damage that is typical for this type of contract. The same applies to a slightly negligent breach of duty by our legal representatives or agents. The exclusion or limitation of liability does not apply to damage resulting from injury to life, body or health that is the result of a negligent breach of duty by us or an intentional or negligent breach of duty by one of our legal representatives or agents. The limitations of liability do not affect claims asserted by the Customer resulting from product liability.
24. Moreover, we are not liable for damage that does not occur to the object itself, such as lost profits or other financial losses incurred by the Customer. Claims for compensation as a result of a defect become time-barred after one year from delivery of the object unless we have acted with intent to deceive. Insofar as the Customer is a commercial businessperson, only the description of the product by the manufacturer is considered to be the agreed nature of the goods. Public statements, claims or advertising by the manufacturer do not constitute any form of additional contractual information relating to the nature of the goods. Should the Customer receive faulty assembly instructions from us, we will only be obliged to supply fault-free assembly instructions. This is not applicable unless the fault in the assembly instructions prevents correct assembly. We do not provide the Customer with any legally binding guarantees in this respect. Manufacturers’ guarantees remain unaffected.
25. Where contracts are concluded with commercial businesspeople, we will retain the title to all goods supplied until all our claims, including incidental claims and claims for compensation have been completely satisfied and all cheques and bills of exchange have been fully honoured. Insofar as individual claims have been included in a current invoice, the retention of title remains effective even if individual claims are added to a current invoice and the balance is established and acknowledged. In all other cases, title will be retained until complete payment of the purchase price. Goods subject to the retention of title may only be resold, processed or installed when the following provisions are taken into account and only insofar as the corresponding claims are actually transferred to us. In all other cases it is not permitted to pledge or assign goods as security which are subject to the retention of title. Any other dispositions in this regard require our prior written consent. The Customer is obliged to inform us immediately of the storage location of the goods and to notify us of any attachments. He / she will bear all costs for the return of goods attached or transferred elsewhere.
26. Insofar as the Customer sells or processes the goods to which title is retained in the ordinary course of business, he / she will assign all resulting claims to which he / she is entitled, including all secondary rights as well as possible current account claims, to us. We herewith accept this assignment. Where goods to which title is retained are installed on a property, the aforementioned assignment of claims will apply correspondingly, including the right to provide a collateral mortgage with rank over the remaining holders of the claims. Insofar as the goods are processed, combined or mixed, and entitlement to co-ownership arises for us, we will acquire a proportionate claim to the purchase price amount. The Customer is entitled to collect the assigned claims for as long as he/she continues to meet payment obligations towards us. However, the money received is to be held separately and transferred to us immediately. The authorisation to collect will be terminated in the event of revocation, but at the latest in the event of any delay in payment by the Customer or in the event of a substantial deterioration in the Customer’s financial circumstances, in particular in the event of an application for insolvency proceedings to be opened. In these cases, we will be allowed to inform the purchasers about the assignment and to collect the claims ourselves. Upon request, the Customer will be obliged to provide us with a precise list of the claims to which he/she is entitled showing the names and addresses of the purchasers, the amounts of the individual claims, invoice dates etc. and to supply us with all information necessary to assert the assigned claims as well to allow the verification of this information.
27. Should the value of our security exceed the value of all claims due to us by more than 20%, we will release them upon request and at our option. If we take goods back as a result of the retention of title, this will not constitute a withdrawal from the contract unless this is expressly declared by us. We are entitled to obtain satisfaction from the goods taken back to which title is retained through sale on the open market. The Customer will store the goods to which title is retained for us free of charge. He or she must insure them against the usual risks to the customary extent and herewith assigns to us any compensation claims to which he/she is entitled that may arise from compensation claims on insurers or other persons liable to pay damages in the amount of the relevant invoice value. We herewith accept this assignment.
28. The place of performance for the obligation of both contracting parties will be user’s registered office.
29. It is agreed that the place of jurisdiction for all claims arising from a business relationship with commercial businesspeople will be Leipzig. The same place of jurisdiction is applicable if the Customer does not have a general domestic place of jurisdiction, moves his / her domicile or usual place of residence abroad or his / her domicile or usual place of residence is not known at the time that the action is brought.
30. It is agreed that the place of jurisdiction for legal actions based on bills of exchange and cheques as well as relating to all documentary matters will be Leipzig, irrespective of the place of payment of these papers.
31. The laws of the Federal Republic of Germany will apply. The provisions of the UN Convention on Contracts for the International Sale of Goods are not applicable.
32. Alterations and supplements to concluded contracts and amendments of these general terms and conditions require the written form in order to become effective. Telephone calls and verbal arrangements will only be valid if and insofar as they are confirmed in writing and this confirmation is not revoked immediately.
33. In the event that any of the expressly agreed contractual provisions or any clause of these general terms and conditions prove to be ineffective or impracticable in whole or in part, this will not affect the validity of the rest of the contract. Instead of the ineffective or impracticable contractual provision or clause, an additional regulation that comes closest to its economic purpose will be valid; otherwise statutory provisions will apply.
34. These general terms and conditions are issued in German and English. The German version will have precedence in cases of doubt.

Effective: 01.09.2009