Sign in | to register Home page Room concepts Indoor Outdoor area Save energy Shop Companies Conditions General terms and conditions for deliveries and services by the SAINT-GOBAIN Deutsche Glas companies 1. Validity 1.01 All deliveries and services by the supplier (hereinafter also: “contractual service”) are carried out exclusively in accordance with the present general terms and conditions. These can be supplemented by the supplier's written product or service-specific conditions. Conditions of the customer that deviate from these general terms and conditions and the product and service-specific supplier conditions are not valid. This also applies if the supplier carries out the delivery to the customer without reservation in the knowledge of conflicting and deviating terms and conditions of the customer. These delivery conditions also apply to all future business with the customer. 1.02 For all construction work, including assembly, the contracting regulations for construction work (VOB, parts B and C) apply in the version valid at the time the contract is concluded, insofar as the order is placed by a contracting party active in the construction industry, and otherwise these terms and conditions. 2. Conclusion of the contract 2.01 The offers contained in the catalogs and sales documents of the supplier, as well as - unless expressly designated as binding - on the Internet are always subject to change, ie only to be understood as an invitation to submit an offer. 2.02 The customer's order is a binding offer. The supplier can choose to accept this offer within three weeks by sending an order confirmation or by delivering the ordered delivery items to the customer or providing the services ordered within this period. 2.03 Offers by the supplier are non-binding. Contracts are only concluded when the supplier accepts the customer's order in accordance with Section 2.02. 2.04 Insofar as sales employees or commercial representatives of the supplier make verbal side agreements or give assurances that go beyond the written contract, these always require written confirmation from the supplier in order to be effective. 2.05 The technical data and descriptions in the respective product information or advertising materials only become part of the contract if they have been explicitly included in the contract. The illustrations, drawings, weights and dimensions as well as sound insulation, heat insulation and light transmission values contained in the descriptions are only approximate unless they are expressly designated as binding. 2.06 If emphasis is placed on a special arrangement of the suspension points in the case of toughened glasses, the customer must expressly indicate this. Such requests can only be taken into account within the scope of the production-technical possibilities. 2.07 If the customer is a merchant, the following also applies: Additional conditions, including technical ones, result from supplementary delivery conditions, price lists, in particular also regarding dimensions and their calculation, glass thickness, price determination, box or package contents, packaging, freight costs, deposit, etc. As far as nothing is contained therein and no special agreements have been made, the customary commercial practices apply. 2.08 If, after the conclusion of the contract, the supplier becomes aware of facts, in particular default in payment with regard to earlier deliveries, which, based on due commercial discretion, indicate that the purchase price claim is endangered by the customer's inability to perform, the supplier is entitled to set a reasonable deadline by the customer of his choice To request advance payment or corresponding securities and, in the case of refusal, to withdraw from the contract, whereby the invoices for partial deliveries that have already been made are due immediately. 2.09 Requests of the customer for subsequent changes or cancellation of the order can only be taken into account on the basis of a special agreement and only as long as production, cutting or processing has not yet begun. 2.10 The supplier can withdraw from the contract if the supplier is unable to deliver as a result of a non-delivery by a sub-supplier for which he is not responsible, although the supplier has made all reasonable efforts to procure the delivery items. In this case, the supplier will immediately inform the customer of the unavailability and reimburse the consideration. 3. Delivery times and delay 3.01 Compliance with the delivery or service obligation requires the timely and proper fulfillment of the customer's obligations. 3.02 Delivery dates or deadlines are non-binding unless the supplier has expressly promised them to be binding. Delivery periods begin with the dispatch of the order confirmation, but not before the customer has provided the documents, permits, releases and receipt of an agreed down payment. Delivery deadlines are met if the delivery item is dispatched within the deadline or if readiness for dispatch has been communicated. 3.03 The supplier expressly reserves the right to partial services and partial deliveries and their invoicing if this is reasonable for the customer, taking into account the interests of the supplier. 3.04 Force majeure or operational disruptions occurring at the supplier, its upstream suppliers or subcontractors as a result of unforeseen obstacles that occurred after the conclusion of the contract (in particular also strikes, lockouts or disruption of traffic routes), which temporarily prevent the supplier, its upstream suppliers or subcontractors from receiving the delivery items through no fault of their own to deliver the agreed date or within the agreed period, or to provide the contractual service, extend the agreed dates and periods by the duration of the delivery or service disruptions caused by these circumstances. The supplier will inform the customer as soon as possible of the beginning and end of such obstacles. If a corresponding disruption leads to a deferral of more than three months, 3.05 With regard to timely deliveries, the supplier is only liable for his own fault and that of his vicarious agents. The supplier is not responsible for the fault of his sub-suppliers. In this case, however, the supplier is obliged to assign any claims for compensation against the sub-supplier to the customer. 3.06 If, after the supplier has already fallen into arrears, the customer sets a reasonable grace period with threat of rejection, he is entitled to withdraw from the contract after this grace period has expired without result. The customer is only entitled to claims for damages instead of performance in the amount of the contract-typical, foreseeable damage as well as claims for reimbursement of expenses if the delay is due to intent or gross negligence. Incidentally, the liability for damages is limited to 50% of the damage incurred. The setting of a grace period with a threat of rejection is unnecessary if the customer can assert that due to the delay for which the supplier is responsible, the setting of a grace period according to Section 323 (2) of the German Civil Code (BGB) is dispensable. 4. Dispatch, transfer of risk, packaging 4.01 The route and means of dispatch are left to the choice of the supplier. The packaging is not carried out by item, but exclusively according to transport, production and environmental considerations. The larger size of the unit always determines the packaging length. 4.02 Deliveries are made ex warehouse or ex works. When the goods are handed over to the carrier - regardless of whether he is commissioned by the customer, manufacturer or supplier - the risk is transferred to the customer, even if partial deliveries are made with regard to the partial delivery. This also applies to free deliveries. In the case of delivery in vehicles of the supplier, the risk is transferred to the customer as soon as the goods have been made available at the location specified by him. 4.03 At the customer's request, the delivery items to be shipped will be insured by the supplier against theft, transport damage and other insurable risks at his own expense. Transport damage must be reported by the customer directly to the transport company. 4.04 If dispatch is delayed at the customer's request or through his fault, the goods will be stored at the customer's expense and risk. In this case, the notification of readiness for dispatch is the same as dispatch. The invoice is due immediately upon storage. 4.05 If the transport is carried out with a vehicle, the delivery of the goods is deemed to have taken place at the latest as soon as they are available to the recipient in front of the delivery point on a paved roadway and on the vehicle. If, in the opinion of the deliverer, the entrance is not passable, the handover takes place where the vehicle can be started and stopped properly. 4.06 If the customer is a merchant, unloading is the sole responsibility of the customer, who has to provide suitable unloading devices and provide the necessary labor. Waiting times are calculated in long-distance freight transport in accordance with the KVO and in local freight transport in accordance with GNT. 4.07 If, in deviation from the contractual agreements, the customer requests assistance with unloading (including the unloading device), further transport or use, this expense will be charged additionally. Participation in this work, however, does not mean assuming any additional liability or risk. 4.08 Reusable packaging and glass transport racks (hereinafter: "packaging") are only made available to the customer on loan. The customer must notify the supplier in writing of the return of the packaging within 2 weeks and the packaging must be made available. If this is not done, the supplier is entitled to demand 20% of the net purchase price for each week from the 3rd week, but no more than the full purchase price, or to invoice the value of the packaging, which is due for payment immediately upon receipt. 5. Prices and Payment 5.01 The prices in accordance with the agreement or order confirmation apply. If no price is specified in the order confirmation, the prices valid at the time of the conclusion of the contract apply in accordance with the supplier's price list. Unless otherwise agreed, the prices apply ex works or warehouse plus packaging, freight and other shipping costs, as well as sales tax at the respective statutory rate and other country-specific charges for deliveries abroad. 5.02 The supplier's price calculation assumes that the items on which the offer is based remain unchanged, any necessary preparatory work has already been carried out in full and the services can be provided in one go - without hindrance. The supplier's offers are based on the customer's description of services, without knowledge of local conditions. 5.03 The supplier reserves the right to increase the prices for deliveries or services that are to take place 4 months after the conclusion of the contract or later in accordance with the cost increases that have occurred due to increases in personnel costs, work equipment or material prices. If the increase is more than 4% of the agreed price, the customer, if he is a consumer, has a right of withdrawal, which must be exercised in writing within one week of receipt of the notification of increase. 5.04 The supplier is entitled to demand payments on account if his performance is delayed beyond the agreed period through no fault of his own. 5.05 Unless otherwise agreed, payments are due at the latest when the delivery or service is handed over. If payment is made within 10 days, the supplier grants a 2% discount. Payments are always used to settle the oldest debit items due plus any interest accrued on them. Discounts are not granted if the customer is in arrears with the payment of earlier deliveries. 5.06 Payments in the so-called check / bill of exchange procedure always require a special agreement. Credits for bills of exchange and checks are made minus expenses with the value date on the day on which the supplier can dispose of the equivalent value. 5.07 All claims of the supplier are due immediately if the payment dates and deadlines are culpably not met or the supplier becomes aware of a significant deterioration in the customer's financial situation. 5.08 If the customer is in default of payment or if he does not honor a bill of exchange when it is due, the supplier can revoke the direct debit authorization (section 6.05) and demand advance payments for outstanding deliveries. However, the customer can avert this legal consequence by providing security in the amount of the endangered payment claim. 5.09 If the customer defaults on a payment, default interest at the statutory rate will be charged. The default interest can be set higher by the supplier if the supplier can prove a charge with a higher interest rate. 5.10 Refusal of payment or retention of payment is excluded if the customer was aware of the defect or other reason for complaint. This also applies if it has remained unknown to him as a result of gross negligence, unless the supplier has fraudulently concealed the defect or other reason for complaint or has assumed a guarantee for the quality of the item. 5.11 Offsetting is only permitted with undisputed or legally established counterclaims. In addition, the customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship. A right of retention from previous or other transactions in the current business relationship cannot be asserted. If the customer is an entrepreneur, he can only assert a right of retention in cases of undisputed or legally established claims. 5.12 Any agreed security deposits can be redeemed by the supplier with a guarantee for the net amount. 6. Retention of title 6.01 The supplier retains ownership of the delivery items (hereinafter: "reserved goods") until all claims to which he is entitled against the customer from the business relationship have been met in full. 6.02 If the customer combines the reserved goods with other goods, the supplier is entitled to co-ownership of the new item in the ratio of the invoice value of the reserved goods to the invoice value of the other goods and the processing value. If the supplier's ownership expires as a result of combining, mixing or processing, the customer transfers to the supplier the ownership rights to which he is entitled to the new item in the amount of the invoice value of the reserved goods at the time the contract is concluded and stores them for the supplier free of charge. The property rights arising from this apply as reserved goods within the meaning of Section 6.01. 6.03 The customer must inform the supplier immediately of any access by third parties to the reserved goods. He may only sell the reserved goods in the ordinary course of business at his normal terms and conditions and as long as he is not in default, provided that the claims from the resale are transferred to the supplier in accordance with the following clauses 6.04 to 6.05. He is not authorized to dispose of the reserved goods in any other way. The installation of the goods in a building, aircraft or ship also counts as resale. 6.04 The customer's claims from the resale of the goods subject to retention of title, including any rights from the Building Trade Insurance Act, are now assigned to the supplier. The supplier accepts this assignment. The assigned claims serve as security to the same extent as the reserved goods. The same applies to the right to a security mortgage in accordance with Section 648 of the German Civil Code (BGB). If the reserved goods are sold by the customer together with other goods not delivered by the supplier, the claim from the resale is assigned in the ratio of the invoice value of the goods delivered by the supplier to the other goods sold. When goods are sold in which the supplier has co-ownership in accordance with Section 6.02, a portion corresponding to the supplier's ownership is assigned. 6.05 The customer is entitled to collect claims from the resale. If there is an important reason, in particular in the case of default in payment, suspension of payments, application for the opening of insolvency proceedings, bill protest or if there are comparable justified indications that suggest the customer's insolvency, the supplier is entitled to revoke the customer's authorization to collect and resell. At the request of the supplier, the customer is obliged to inform his customers immediately of the assignment - if the supplier does not do this himself - and to provide the supplier with the information required for collection and to hand over the necessary documents, which may include naming the names and addresses of debtors and construction sites. The customer is in no case entitled to further assign the claim. An assignment by way of real factoring is only permitted to the customer provided that this is reported to the factoring bank and the customer's accounts maintained there and that the factoring proceeds exceed the value of the secured claim. When the factoring proceeds are credited, the supplier's claim becomes due immediately. 6.06 The supplier is obliged to release the securities to which he is entitled at the customer's request insofar as their realizable value exceeds the claims to be secured by more than 20%. 6.07 The customer is obliged to handle delivery items owned by the supplier with care; in particular, he is obliged to insure them adequately against fire, water and theft damage at his own expense. 7. Defects in the delivery items 7.01 Due to the special properties of the delivery items, especially glass, and the associated risk of damage, the customer is obliged to check the delivery items immediately upon delivery. All obvious and / or recognized defects, shortfalls and incorrect deliveries must be reported to the supplier in writing at the latest within a period of one week from receipt of the delivery items, but in any case before they are processed or installed, whereby the timely dispatch of the written complaint is sufficient to meet the deadline . Further obligations of the businessman according to §§ 377, 378 HGB remain unaffected. Deviations in dimensions, content, thickness, weight and color tones caused by manufacture are - if there is no guarantee of quality within the meaning of Section 443 BGB - permissible within the scope of the tolerances customary in the industry. The same applies to the customary dimensional tolerances for cutting. 7.02 The customer is obliged to give the supplier the opportunity to determine the defect complained about at the place of delivery or to make the objected delivery item or a sample thereof available to the supplier. In the event of a culpable refusal, the customer loses his claims for defects. 7.03 If the customer accepts a defective contractual service, although he is aware of the defect, he is only entitled to claims for defects if he expressly reserves his rights due to a defect at the time of acceptance. 7.04 The customer cannot refuse to accept contractual services if there are only minor defects. 7.05 Physical properties of the delivery items of the supplier are not subject to complaint. This includes in particular - interference phenomena, - double pane effect , - anisotropies , - condensation on the outer surface of the pane (condensation) , - different wettability of glass surfaces, - color and reflection differences in coatings, - Product-typical streaks, surface structures, air bubbles, traces of drawing in ornamental glass - Climatic influences (e.g. double pane effect) as well as vibrations or manually excited vibrations can temporarily cause rattling noises in decorative and functional parts in the space between the panes. This is not a reason for complaint. 7.06 Manufacturing- related properties that cannot be complained about - If, due to the design, the insulating glass edge seal is not covered by a frame on one or more sides, slight irregularities can occur in the area of the edge seal. - In the case of stepped insulating glass, in which the outer pane is coated to form the air gap, the surface of the glass overhang is not stripped. Discoloration occurs at this point and the metal oxide layer becomes detached from the glass. - In the case of lead and brass glazing provided by the customer, the cleaning agents used in the synthetic glazing can cause contamination. This is also not a reason for complaint. 7.07 In the case of single-pane safety glass (ESG), due to the material and manufacturing processes, so-called nickel sulphide inclusions can cause spontaneous breakage in individual cases. Depending on the intended use, we recommend using ESG-H. With a heat soak test, the residual risk of such breaks can be significantly reduced, but not completely excluded. Depending on the installation situation, the use of other types of glass, such as laminated safety glass (VSG), can make sense. 7.08 The supplier does not accept any liability for damage resulting from unsuitable or improper use, incorrect assembly, commissioning, changes or repairs not carried out by the supplier, incorrect or negligent treatment or natural wear and tear. 7.09 If the customer is an entrepreneur, the following applies: Claims for defects become statute-barred 12 months after delivery of the contractual service. This does not apply if the law prescribes longer periods, including a limitation period of five years for items that have been used for a building in accordance with their normal use and have caused its defectiveness, § 438 (1) 2b BGB. As supplementary performance, the supplier can choose to either remove the defect or deliver a defect-free item. If the supplementary performance fails, the customer can - regardless of any claims for damages - withdraw from the contract. 7.10 The regulation in section 7.09 does not apply if the supplier fraudulently concealed the defect or has given a guarantee for the quality of the delivery item. If the customer has sold the delivery item to a consumer within the meaning of Section 13 of the German Civil Code (BGB) and if he had to take the purchased item back from the consumer due to a defect or if the consumer has reduced the purchase price, the customer can, in deviation from Section 7.09, request the removal of the defect or a replacement delivery from Withdraw the contract or reduce the purchase price. This only applies if the claim by the consumer was justified and only to the legal extent, not on the other hand for goodwill arrangements not previously agreed in writing with the supplier, furthermore this requires the observance of all of the customer's own obligations, 8. Haftung 8.01 Claims for damages by the customer against the supplier, regardless of the legal basis, except in the event that the supplier has fraudulently concealed a defect or assumed a guarantee for the quality of the goods based on simple negligence, only exist if a cardinal obligation, i.e. a Obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely or the violation of which restricts those rights of the customer that this contract has to grant him according to its content and purpose has been violated. If such cardinal obligations are intentionally or negligently violated by simple vicarious agents, the supplier is also liable for this. For damage, 8.02 In the cases mentioned under 8.01, the supplier's obligation to pay compensation to entrepreneurs is limited to the amount of the foreseeable damage typical for the contract. Insofar as the contractually typical foreseeable damage in individual cases exceeds the order value of the delivery in question, the customer will inform the supplier of this when the respective individual contract is concluded. In this case, the parties will agree on a correspondingly higher liability amount. Liability for indirect damage, consequential damage caused by defects and claims by third parties is excluded. 8.03 Claims for injury to life, body or health as well as claims under the Product Liability Act remain unaffected. 9. Data protection The customer hereby consents to data that has become known in the context of the contractual and business relationship within the meaning of the Federal Data Protection Act being stored, processed and transmitted to group companies affiliated with the supplier and to third parties employed by the supplier for customer care, insofar as this is necessary for the execution of the contract, in particular for order processing and customer care, is necessary, whereby the interests of the customer must be taken into account. 10. Place of fulfillment, place of jurisdiction, applicable law 10.01 The place of fulfillment for deliveries and payments is the registered office of the supplier, unless otherwise stated in the supplier's order confirmation. 10.02 The customer may only transfer his rights and obligations from the contract concluded under these conditions with the written consent of the supplier. The same applies to the assignment of his rights from this contract. 10.03 Should any provision of these general terms and conditions be or become wholly or partially ineffective, this shall not affect the validity of the remaining provisions. The parties will replace the ineffective provision with an effective provision that comes closest to the economically intended purpose of the ineffective provision. 10.04 The place of jurisdiction for all disputes arising from this contract is the court responsible for the registered office of the supplier, insofar as the customer is a merchant or the customer moves his domicile or habitual abode outside of Germany when the contract is concluded or his domicile or habitual abode is unknown at the time the action is brought is. 10.05 The contractual relationships are subject to the law of the Federal Republic of Germany. The application of the Vienna Convention on International Sale of Goods of April 11, 1980 and the application of the German conflict of laws are excluded. As of July 01, 2010 Conditions | Customer notices | imprint | Newsletter | Downloads | Contact | Sitemap © 2014 Glaskontor Erfurt | powered by xdeCommerce 14.6.23