General Terms and Conditions

M-S-P Saskia Schanz Bauprofile
Profiles and professional tools

Placing an order, the customer accepts our terms of delivery and payment, which shall also solely predominate, in case we shall not expressly exclude the customer’s terms and conditions of purchasing. In regard to our supply and other legal transactions only the following terms and conditions shall apply. Any other agreements, additions, and subsidiary arrangements – orally or by telegraphic means – shall require our written confirmation in order to be legally effective.

Pricing – Terms of delivery

The prices shall be quoted ex works. For orders with a value above 2.000,00 Euro for profiles (e.g. concave mouldings and drip edges) and 250,00 Euro for professional tools the delivery within Germany shall be without further charges. The delivery time is usually approx. 1 to 3 days.

Terms of payment: in Germany for the product profile – up to 8 days 2 % discount, 14 days net plus 19 % VAT, however only for the complete implementation of all binding obligations, also those concerning previous deliveries. For new customers only advance payment shall be possible. For the products professional tools the terms of payment shall be 7 days net plus 19 % VAT. Confirmed prices shall only be valid by purchasing of the confirmed amounts. On arriving of the vehicle at the address of delivery on level ground or at the location which may be reasonably accessible by the vehicle, partial deliveries shall be admissible; they shall be considered separate deliveries. The breach of the times of deliveries shall not release the buyer from purchase commitment. In case of a potential damage due to delay in performance our liability shall be limited to 5 % of the merchandise value.

Warranty

The customer shall assert defects of the product immediately upon delivery.

The notification of defect shall be checked by the deliveryman. Further claims by the customer, irrespective of legal basis, shall be excluded. Warranty persists in accordance with regulations of purchasing laws.

Liability for consequential harms caused by defects shall be excluded.

Notifications of hidden defects shall be claimed immediately upon detection or, at the latest, within one month after receipt of merchandise.  In regard to defects of the products supplied it shall be our choice whether to reduce the price, to remedy the defects, or to supply proper replacement. Furthermore, we shall be entitled to the right of a replacement supply even when an immediate supply shall not be possible. Regarding the duty of replacement the earliest possible delivery date shall be applicable.Further claims by the customer, irrespective of legal basis, especially in regard to the compensation for damages that did not affect the goods delivered (consequential damages) shall be excluded. We shall not be liable to provide replacement goods otherwise. Our liability in regard to manufacturing defects shall be limited to our suppliers’ warranties. By negotiations concerning claims we shall not disclaim the objection that defects shall not exist, that we shall not be liable for replacement, or that the notification of defects shall not have been made in due time or insufficiently. Goods supplied by us shall only be taken back in perfect condition after our consent at the customer’s expense. Special profiles, such as end profiles, are excluded from this. Returned goods shall be credited less 10 % for proportionate costs. Returning custom-made products or goods especially provided upon the customer’s request shall be excluded.

Terms of payment

Payments shall be made even though counterclaims or possible complaints have been claimed, or the goods or performance shall be impossible to supply within the agreed time due to reasons the customer shall be accountable for. Offsetting shall not be valid.

The merchandise shall remain the supplier’s property until all payments have been fully settled. Unauthorised deductions shall be recharged with costs. In case of delayed payment default costs (e.g. dunning costs of 5 Euro per reminder) and default interest of 1 % per month starting at the due date shall be charged. The customer shall commit to bear the costs, in addition to the default interest and default costs mentioned above, of the actual collection costs (a minimum of 7 % of the invoice amount as well as further expenses according to tariff), which arise after the due date of the invoice, including operating and legal costs. The supplier shall be entitled to assign the rights in any invoice receivable to a third party. All contractual conditions as well as the general terms and conditions shall be taken notice of in the present form and accepted in entirety.

Governing law and jurisdiction

The legal relationship between customer and supplier are subject to German law.

Court of jurisdiction

The court of jurisdiction is at the supplier’s location.

Only the German version of the general terms and conditions is authoritative!



de-DE en-US

Wir suchen /
 we are looking for

Neu im Programm
Stachelschlappen




- created by nairam SOLUTIONS -