{"id":29,"date":"2018-10-19T15:26:36","date_gmt":"2018-10-19T13:26:36","guid":{"rendered":"http:\/\/dev.krischan-gmbh.com\/?page_id=29"},"modified":"2018-10-21T17:26:26","modified_gmt":"2018-10-21T15:26:26","slug":"agb","status":"publish","type":"page","link":"https:\/\/krischan-gmbh.com\/en\/agb\/","title":{"rendered":"Terms of Service"},"content":{"rendered":"

General Terms and Conditions of Krischan GmbH<\/h2>\n

1. Scope<\/strong><\/p>\n

Unless expressly agreed otherwise, the following General Terms and Conditions (GTC) shall apply exclusively to all legal transactions with Krischan GmbH (hereinafter referred to as \"Krischan\"). Conflicting terms and conditions of the contractual partner (hereinafter referred to as \"CP\") or terms deviating from these GTC shall not be recognized unless Krischan has expressly agreed to their validity in writing. The GTC shall also apply if Krischan performs services without reservation in the knowledge of conflicting or deviating terms and conditions of the CP.<\/p>\n

2. Offers, Placing of Orders<\/strong><\/p>\n

2.1 All offers are non-binding; they are merely invitations to submit offers unless the offer indicates otherwise. Technical changes as well as changes in form, color and\/or weight remain reserved within reasonable limits.<\/p>\n

2.2 Orders are deemed accepted if they are either confirmed in writing by Krischan or executed shortly after receipt of the order. In that case, the delivery note or the invoice shall be deemed acceptance of the order. If two letters of confirmation containing deviating provisions cross, that of Krischan shall apply.<\/p>\n

2.3 Krischan reserves the right to begin executing the order only after receipt of an order confirmation countersigned by the CP.<\/p>\n

3. Copyright<\/strong><\/p>\n

Krischan reserves its property rights and copyright in products, cost estimates, designs, drawings and calculations. They may not be used, reproduced or made accessible to third parties without written consent.<\/p>\n

4. Product Specifications \/ Processing Instructions<\/strong><\/p>\n

4.1 All information and advice regarding the suitability and application of our products is non-binding and does not release the CP from carrying out its own tests and trials. The CP is responsible for compliance with statutory and official regulations when using our products.<\/p>\n

4.2 Specifications given by Krischan or its supplier regarding the subject matter of the contract merely describe its characteristics and, unless expressly
\nagreed otherwise, do not constitute a guarantee.<\/p>\n

5. Delivery \/ Shipping \/ Packaging<\/strong><\/p>\n

5.1 Unless otherwise agreed, Krischan products are packaged appropriately for the stresses involved.<\/p>\n

5.2 In the case of delivery by vehicles operating on behalf of Krischan, the CP shall ensure that …
\n… all vehicles can reach the unloading point unhindered on a good roadway and without waiting time
\nand can be unloaded, and …
\n… a person is present who is authorized to receive the delivery documents, to specify the storage location and to sign the delivery note, and who is available for unloading where necessary; whoever directs the vehicle is deemed to be authorized.<\/p>\n

5.3 If the CP is in default of acceptance, Krischan is entitled to demand compensation for the resulting damage and any additional expenses. The same applies if the CP culpably breaches its duties to cooperate, in particular those under clause 5.2. In this case Krischan is entitled to act at its own discretion at the expense and risk of the CP, without the CP being able to assert claims for damages. In particular, Krischan is entitled to withhold delivery and to invoice freight costs and\/or waiting times.<\/p>\n

5.4 In the case of collection by the CP or by vehicles operating on behalf of the CP, the CP shall ensure that the technical equipment of the vehicles corresponds to the loading equipment of the supplying plant, that collection is carried out by competent personnel in accordance with the guidelines of the supplying plant, and that the driver confirms proper receipt of the goods on the delivery note.<\/p>\n

6. Delivery Periods \/ Transfer of Risk \/ Insurance<\/strong><\/p>\n

6.1 Delivery dates stated by Krischan are non-binding unless they have been expressly confirmed in writing as a binding delivery date. Delivery dates and periods always apply from or after clarification of all technical and commercial details and, in commercial transactions, are generally subject to correct and timely delivery to Krischan by its own suppliers.<\/p>\n

6.2 Force majeure, operational disruptions and similar unforeseeable circumstances for which Krischan is not responsible release Krischan from compliance with the delivery periods for the duration of the disruption. In such cases the CP is in particular not entitled to withdraw from the contract and\/or to claim damages.<\/p>\n

6.3 Krischan is liable in accordance with the statutory provisions if a delay in delivery is due to an intentional or grossly negligent breach of contract for which Krischan is responsible; intentional or
\ngrossly negligent fault on the part of its representatives or vicarious agents is attributable to Krischan. Krischan is also liable in accordance with the statutory provisions insofar as the delay in delivery is due to a culpable breach of a material contractual obligation for which Krischan, its representative or vicarious agent is responsible; in this case liability is limited to the foreseeable damage typical of the contract.<\/p>\n

6.4 Loading and shipping are uninsured and at the risk of the CP. At the request and expense of the CP, the delivery will be covered by transport insurance.<\/p>\n

6.5 Upon the occurrence of default of acceptance or default of the debtor, the risk of accidental deterioration and accidental loss passes to the CP.<\/p>\n

7. Prices \/ Transport Costs \/ Terms of Payment \/ Partial Delivery \/ Set-off<\/strong><\/p>\n

7.1 Prices apply ex works unless otherwise specified in the order confirmation. Prices do not include statutory value added tax. This will be shown separately on the invoice at the statutory rate applicable on the date of invoicing.<\/p>\n

7.2 Unless otherwise agreed, transport and\/or shipping costs are charged separately according to expenditure. For smaller quantities and where the vehicle is not fully utilized, a corresponding surcharge applies. In particular, special costs such as weighing fees, local surcharges, additional costs due to road diversions, waiting times etc. are borne by the CP. The weight determined by the supplying plant or, in case of doubt, the weight indicated on the packaging is decisive for the calculation.<\/p>\n

7.3 Agreed advance payments, payments on account and the final payment are due at the latest within 14 days of receipt of the invoice unless otherwise specified in the order confirmation. Krischan is entitled to make partial deliveries and to invoice them, provided the partial delivery is not unreasonable.<\/p>\n

7.4 In the event that the CP defaults on payments or Krischan becomes aware of facts that are objectively likely to reduce the creditworthiness of the customer, Krischan is entitled, without prejudice to further statutory rights,
\n\u00b7 in the event of default of payment, to suspend work until payment has been made,
\n\u00b7 to carry out outstanding work only against advance payment,
\n\u00b7 to demand suitable securities, or
\n\u00b7 after granting a reasonable grace period, to withdraw from the contract and to claim damages for non-performance.<\/p>\n

7.5 The CP is entitled to set off, even if notices of defects or counterclaims are asserted, only if the counterclaims have been established as legally binding, have been acknowledged by Krischan or are undisputed. The CP is entitled to exercise a right of retention only if its counterclaim is based on the same contractual relationship.<\/p>\n

8. Extended Retention of Title<\/strong><\/p>\n

8.1 For all deliveries and services, Krischan retains title to the contractual items until receipt of all payments arising from the contract and from the other business relationship with the CP.<\/p>\n

8.2 The CP is entitled to resell the contractual item in the ordinary course of business. The CP is not entitled to dispose of the goods subject to retention of title in any other way, in particular by pledging them or assigning them as security.<\/p>\n

8.3 The CP hereby assigns to Krischan the claims arising from the resale in the amount of the final invoice amount including VAT. Krischan accepts the assignments.<\/p>\n

8.4 The CP is obliged to take the necessary precautions to ensure that the agreed extended retention of title is not rendered ineffective by a prohibition of assignment and that any requirements for the validity of the assignment are complied with. The CP must inform Krischan immediately of any enforcement measures by third parties against the goods subject to retention of title or the assigned claims, handing over the documents necessary for an objection.<\/p>\n

8.5 Krischan authorizes the CP, subject to revocation, to collect the assigned claims. Krischan will not make use of its own authority to collect as long as the CP meets its payment obligations. On request, the CP must name the debtors of the assigned claims to Krischan and notify them of the assignment; Krischan is also authorized to notify the debtors of the assignment itself.<\/p>\n

8.6 Upon suspension of payments or an application to open insolvency proceedings, the rights of the CP to resell, use or process the goods subject to retention of title and the authorization to collect the assigned claims expire. This does not apply to the statutory rights of the insolvency administrator.<\/p>\n

8.7 If the value of the securities granted exceeds the claims by more than 10 %, Krischan is obliged, at the request of the CP, to retransfer or release securities to that extent at its own choice. Upon settlement of all claims of Krischan arising from the business relationship, title to the goods subject to retention of title and the assigned claims pass to the CP.<\/p>\n

8.8 The CP is obliged to insure the goods adequately. In the event of a claim, the insurance benefit is deemed assigned to Krischan in the amount of any outstanding residual debt.
\nKrischan is authorized to notify the insurer of the assignment directly.<\/p>\n

9. Warranty \/ Liability, Duty to Give Notice of Defects, in particular Weight<\/strong><\/p>\n

9.1 Claims of the CP for defects exist only if the CP has properly complied with its obligations to inspect the goods and give notice of defects under Section 377 of the German Commercial Code (HGB). The CP is obliged to inspect the delivered goods immediately after delivery and to notify Krischan of any defects without delay (at the latest by the second working day following delivery) \u2013 exclusively in writing and to Krischan (not to third parties). Defects that have not been notified in time or in the proper form are excluded from the warranty.<\/p>\n

9.2 Complaints regarding weight that have been raised in accordance with clause 9.1 can only be made on the basis of official reweighing. Otherwise, the weight determined at the supplying plant or, in case of doubt, the weight indicated on the packaging applies. Deviations from the gross weight (raw weight including packaging) of up to 2 % cannot be objected to.<\/p>\n

9.3 Insofar as the goods have a defect for which Krischan is responsible, Krischan is obliged to provide subsequent performance, to the exclusion of the rights of the CP to withdraw from the contract or to reduce the purchase price (reduction), unless Krischan is entitled to refuse subsequent performance under the statutory provisions. The CP must grant a reasonable period for subsequent performance. At the option of Krischan, subsequent performance may take the form of remedying the defect (rectification) or delivery of new goods. In the case of rectification, Krischan bears the necessary expenses insofar as these are not increased because the contractual item is located at a place other than the place of performance. If subsequent performance has failed, the CP may, at its option, demand a reduction of the purchase price (reduction) or declare its withdrawal from the contract. Rectification is deemed to have failed after the second unsuccessful attempt, unless further attempts at rectification are appropriate and reasonable for the CP given the nature of the contractual item. The CP may assert claims for damages under the following conditions on account of the defect only once subsequent performance has failed. The right of the CP to assert further claims for damages under the following conditions remains unaffected.<\/p>\n

9.4 Warranty claims of the CP become time-barred one year after delivery of the goods to the CP in the case of newly manufactured goods, and are excluded in the case of the sale of used goods, unless the defect was fraudulently concealed; in that case the statutory provisions apply. 9.5 Krischan is liable without limitation in accordance with the statutory provisions for damage to life, body and health resulting from a negligent or intentional breach of duty by Krischan, its legal representatives or its vicarious agents (hereinafter referred to only as Krischan), and for damage covered by liability under the German Product Liability Act.
\nFor damage not covered by sentence 1 and resulting from intentional or grossly negligent breaches of contract or fraudulent intent on the part of Krischan, Krischan is liable in accordance with the statutory provisions. In this case, however, liability for damages is limited to the foreseeable damage that typically occurs, unless Krischan acted intentionally. To the extent that a guarantee of quality and\/or durability has been given with respect to the goods or parts thereof, Krischan is also liable under this<\/p>\n

guarantee. For damage that results from the absence of the guaranteed quality or durability but does not occur directly to the goods, however, Krischan is liable only if the risk of such damage is evidently covered by the guarantee of quality and durability.<\/p>\n

9.6 Krischan is also liable for damage caused by simple negligence insofar as the negligence concerns the breach of contractual obligations whose fulfillment is of particular importance for achieving the purpose of the contract (cardinal obligations). However, Krischan is liable only insofar as the damage is typically associated with the contract and foreseeable.<\/p>\n

9.7 Any further liability is excluded irrespective of the legal nature of the claim asserted; this applies in particular to tortious claims or claims for reimbursement of futile expenses in lieu of performance. Insofar as liability is excluded or limited, this also applies to the personal liability of the employees, workers, staff, representatives and vicarious agents of Krischan.<\/p>\n

9.8 Claims for damages of the CP on account of a defect become time-barred one year after delivery of the goods. This does not apply in the case of injury to life, body or health caused by Krischan, its legal representative or its vicarious agents, or if Krischan or its legal representative acted intentionally or with gross negligence, or if simple vicarious agents of Krischan acted intentionally.<\/p>\n

10. Place of Performance, Place of Jurisdiction, Applicable Law<\/strong><\/p>\n

10.1 The place of performance and place of jurisdiction for deliveries and payments (including actions on checks and bills of exchange) and for all disputes arising between Krischan and the CP is the registered office of Krischan. However, Krischan is also entitled to bring an action against the CP at its place of residence and\/or business.<\/p>\n

10.2 The relationship between the contracting parties is governed exclusively by the law applicable in the Federal Republic of Germany. The application of the Uniform Law on the International Sale of Goods, the Law on the Formation of Contracts for the International Sale of Goods and the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
\n10.3 The invalidity of individual contractual provisions does not affect the validity of the remainder of the contract.<\/p>\n

Version: April 2012, Krischan GmbH. This English translation is provided for convenience only; in the event of any discrepancy, the German version shall prevail.<\/p>\n<\/div>

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