General terms and conditions of business
1. Operator Information
The development, design and / or manufacture of the CSHdeluxe products is carried out by the G.tecz Engineering GmbH.
Ust-IdNr .: DE267866276
Responsible for the CSHdeluxe Products
Gtecz Engineering GmbH
Contact: Eichwaldstr. 38, 34123 Kassel
Conclusion For all business relationships between CSHdeluxe and Customers www.cshdeluxe.de on the platform and our deliveries and services are exclusively these General Terms and Conditions (GTC). This applies to current and future business relations even if they are not expressly agreed again.
Opposing or deviating from these terms and conditions are not accepted by CSHdeluxe and contradict them explicitly.
Divergent agreements are only valid if CSHdeluxe products has expressly confirmed by a director or an authorized officer in writing.
Business and purchasing conditions of the purchaser are only valid if they have been confirmed by us in writing, otherwise this is hereby expressly excluded
Our offers are valid for three weeks. Subject to prior sale.
In brochures, advertisements, etc. details of prices are also concerning. Without obligation.
Samples and specimens deemed mean failure. A guarantee for certain properties of the goods delivered, in particular with regard to the usefulness for the purposes of the buyer, we do not assume, unless it is carried out an express written agreement. This is also true when reference is made to relevant DIN standards.
Concrete is a cement-based material having different mechanical properties, as well as visual and tactile differences depending on the recipe. Products from a series may differ from each other visually. Blowholes or bubbles on the surface are possible and, if not stated otherwise in writing, no reason for complaint. If the objects are not coated, the material has an aging process in and gets a patina, this is also no reason for complaint.
The so-called cloud formation or discoloration in the surface are characteristic of concrete and if not expressly agreed, no complaints background.
The presentation of products on the website www.cshdeluxe.de constitutes a legally binding offer, but a noncommittal online catalog.
A purchase contract is concluded only when we ship the ordered goods to you and / or expressly confirmed with a further e-mail (order or delivery confirmation).
Should you not receive delivery confirmation, order confirmation or delivery from us within 2 weeks, you are no longer bound to your order.
You can cancel your contract revoked within two weeks without giving reasons in writing (eg letter, fax or email) or by returning the goods.
The period begins with receipt of the goods and not before receipt of this information. To meet the deadline it is sufficient to send the revocation or the goods. The revocation must be sent to:
6. Prices and Charges
Decisive are valid on the day of delivery in each case, unless expressly a fixed price has been agreed in writing.
The prices are net prices and do not include the respective valid on the day of delivery or of performance VAT.
Prices free of destination, receiving station or construction are plus basis full loads and drove. VAT. For weight or quantity sold goods established on the loading location or cubic measure weight is decisive for invoicing.
Should extend to the date of delivery to be re-created or increased cost of production, the sales and transport of goods, so these transfers, the buyer. This also applies to all public duties.
If the seller to the buyer arranges the shipment, the buyer has to bear all costs incurred in this connection costs. As far as has been written in any another agreement to transport costs, the buyer shall regularly make the freight cost. He can bring them with invoicing deducted. Packaging, rental and wear charges are for packaging material, as well as the cost of returning the packaging material at the expense of the purchaser. The seller reserves the right, for returnable reusable packaging to calculate mortgage and credited only after return by the buyer. For pallets we also charge a fee. For returnable pallets that are returned in perfect condition free warehouse, we use the palette well. The applicable fee rates we make known by notice in our business premises. On request, we send this sheet to fees also. Changes of fees and fee without notice.
In case an order change all costs incurred by rescheduling shall be borne by the buyer.
7. Shipment and transfer of risk
The shipment is at the buyer's expense. Even with free delivery station, warehouses and the like will be dispatched at buyer's risk.
The risk is the handover of the goods to the freight handling the shipping station or the haulier on loading location to the buyer. Insurance will be taken only at the request and expense of the purchaser.
If the shipment is delayed at the purchaser's request, the risk is the notification of dispatch by us to him above.
8. Delivery quantity, delivery quality
The acquisition of packaged goods by the first forwarder / carrier is considered proof of the amount and the faultless condition of the enclosure.
For the quantities delivered the findings on loading location are decisive. Commercial break and shrinkage shall be binding on the purchaser.
9. Delivery and Acceptance
Information regarding delivery deadlines are not binding, unless the date of delivery was promised. We are entitled to make partial deliveries if this is reasonable for the customer. Additional shipping costs unless an express agreement.
All cases of force majeure, any type interference and limiting the delivery and operation, in general all the delivery hindering or disturbing circumstances beyond our control entitle us -also without notice - the delivery or performance by the duration of the hindrance and a reasonable time for a return, without compensation claim against us can be asserted. In addition, we are also entitled at our option, either immediately or later withdraw from the contract completely or partially.
If we ourselves are in default or otherwise violate our contractual obligations culpably, the buyer must set a reasonable period within which we make up for the delivery or have to meet our other contractual obligations. After this grace period, the buyer may withdraw from the contract insofar as the goods are not delivered by the deadline or other breach of contract is not resolved.
If the buyer acceptance delay, we are entitled to refuse delivery of the goods is not accepted. Problems caused by the default of acceptance the buyer's damages and costs shall be borne.
Delivery free construction site means delivery without unloading by the forwarder provided a motorable approach road. Unloading must be carried out immediately and properly by the buyer to alternate border in sufficient numbers workforce. Conveying in the construction does not take place.
Returns of delivered goods will not be accepted without our prior consent. The transport risk for returned goods are borne by the sender, even if the return
carried by truck from the seller.
Payment terms Manufaktur
Unless otherwise agreed:
40% deposit with order
60% upon delivery of the goods
Our invoices must be paid 7 days after the invoice date.
For new customers we reserve the right to ask for payment in advance for the first 3 orders.
The presentation of bills is done on account of payment and subject to our consent, their expenses and costs and the risk for timely presentation and protest shall be borne by the buyer. The rejection of checks, we reserve the express right here too acceptance also always only constitute payment.
Unless discount is agreed, only the pure goods value is skontierbar; a discount commitment is invalid if the customer against us is with another payment obligation in default.
Deferral must be agreed in writing in any case. The buyer is only entitled to offset if the counterclaim is undisputed or legally binding. To withhold the buyer is entitled only from the same contract for counter-claims; it is geared to the individual order and not to any possible grouping of orders in an invoice.
We are entitled to payments to credit, despite anything to the contrary by the purchaser's older debts, where we will inform the buyer about the type of calculation made by us. If costs and interest have already been incurred, we are entitled to offset payments first against the costs, then the interest and finally against the principal performance.
Exceeding the payment period will be subject to the assertion of a further increased damage interest at the normal bank borrowing rate, but at least for consumer goods in the amount of 5% above the current set respectively by the Bundesbank base rate pursuant to § 247 BGB and the sale to entrepreneurs in the amount of 8% above the current set by the Bundesbank base rate calculated in accordance with § 247 BGB. Be per reminder as default damages € 5.00 liquidated damages calculated.
If the financial position of the buyer after the contract or if we become aware of circumstances that provide a credit in question, or if the payment of due amounts not agreed, we reserve the right (apart from us otherwise entitled to rights), advance payment or security of the purchase price for the amount not yet delivered, as well as immediate payment of deferred invoice amounts to take, even if it changes are accepted as payment.
In addition, we are in the situations specified in paragraphs 7.6. and 7.7. authorized from all contracts with the customer concerned, and they are still not satisfied, completely or partially (without an announcement or deadline requirements).
The goods must be inspected immediately after arrival at the destination and to be treated with the diligence of a prudent businessman. If it fails to study, then any warranty obligation of the seller for defects in the goods, unless they are based on intent or gross negligence.
Any transport damage and incorrect quantities must be determined and documented by the purchaser in accordance with the conditions of the transporter or carrier and are the seller on the day of receipt of goods in writing. If the seller delivers with its own trucks, damages and shortages in the presence of the driver has been made.
The quality of the goods shall be deemed approved if a complaint is not received at the destination with the seller within 10 working days after receipt of the goods or if the buyer installs the goods or otherwise processed.
When complain about the goods we reserve the right to to inspect, test and making of experiments.
Warranty claims are excluded if the seller has failed to rights of recourse against third parties to protect (eg, ground-Verbal, subset certificate etc.).
12.Geltung the VOB / B and VOB / C
We also undertake laying, installation or assembly of building material or building elements is the Verdingungsordnung (VOB) Part B and C priority to those provisions contractual basis. The VOB / B hanging out in our shop premises, moreover we offer our customers the contractual terms of the VOB / B and the technical regulations (VOB / C) for delivery.
If the delivered goods are defective, or if it becomes defective within the warranty period due to manufacturing or material defects, we will deliver at our discretion to the exclusion of other warranty claims of the buyer a replacement or repair after. If the repair or replacement after reasonable period of time, the purchaser can demand either a reduction in price or rescission of the contract.
The warranty periods correspond to the sale of consumer goods with the statutory regulations, otherwise, the warranty period is 1 year from the statutory limitation period. The foregoing provision of this section shall not apply to used goods or materials that are always supplied without any warranty. When the sale of consumer goods Gewährleistungsfristfür is used goods and materials 1 year long.
Damage claims of the buyer against us are excluded unless the damage was not caused intentionally or through gross negligence. This does not apply to claims for damages from explicit Eigenschaftszusicherungen.In any case, we are only liable for the direct damage of the buyer, for each loss event limited to the net value of goods (excluding freight and VAT).
If the buyer the seller gem. § 478 BGB shall claim, claims for damages are without prejudice to § 307 BGB ausgeschlossen.Schadenersatzansprüche are definitely limited to the respective net value (excluding freight and VAT).
14. Retention of title
The delivered goods until payment of all claims, including balance claims due to us or our business against the buyer, the seller's property. This applies even if the purchase price has been paid for certain deliveries of goods designated by the buyer.
The treatment or processing of reserved goods is always on our behalf without any obligations for us. If the goods are mixed with other objects, are combined or processed, the seller will acquire leasehold of the new item after Verhältnisdes value of the goods to the other goods at the time of combining, mixing or processing. In addition, the buyer assigns his ownership or co-ownership rights to the mixed stock or the new item to us and kept this for us.
The purchaser is entitled to resell the reserved goods in the ordinary course of business or otherwise as to exploit as far as the disposal or recovery claim against his customers according to the following point 11.4. on unsübergeht. Otherwise, any disposal of the goods it is expressly forbidden. Pledging and transfer of ownership of the goods are also prohibited the buyer.
If the buyer sells the conditional goods - regardless of their condition - or he is exploiting the goods in a different way, so he assigns now to zurvölligen all of our claims from deliveries of goods which may result from this sale or other exploitations claims against its customers in the amount our selling price of the product plus its from only on the goods themselves attributable profit entrepreneurs, ie without a wage share, with all ancillary rights, in particular the right to order a collateral mortgage (§648 BGB) to us. The seller accepts the assignment. If the delivery of goods - regardless of their condition - partial consideration of a standard fee by the buyer, so is the subject of the assignment as he has been vorstehendbestimmt in the standard fee Included resale price of the goods in height. At our request the purchaser is obliged to announce the assignment to sub-contracting agencies and to give us the sub-Purchaser required to assert our rights against the information and documents. DerKäufer as long authorized to collect the receivables for our account undüber to have the amounts obtained by the retirement when he defends his Zahlungsverpflichtungennachkommt. He is not entitled to dispose of the claims in other ways, for example, to come through assignments or pledges.
If the buyer's payment obligations, we shall be entitled at any time to revoke this collection authorization, notify the third party of the Abtretungzu and collect the claim itself.
If the value of securities exceeds the claims by more than 20%, so we are obliged to the buyer's request to release securities at our discretion.
Of any attachment or other impairment of our rights by third parties, the buyer must inform us immediately.
15. Data Processing
We are entitled to the respect of the business relationship or in connection with these data obtained on the buyer, whether these come from the buyer itself or by a third party to process according to the Federal Data Protection Act.
16. Performance and Jurisdiction
Fulfillment is for the delivery of the work or loading location, for the liabilities of the buyer of the business of the seller.
Jurisdiction - even when lawsuits in exchange and check transactions - is the district court Kassel.
The laws of the Federal Republic of Germany German domestic law is agreed.
17. Severability Clause
Should one of these regulations become invalid, the validity of the remaining provisions shall not be affected.
Gtecz Engineering GmbH
Tel. +49 561 8617555