O-METALL® general standard terms and conditions
1. GENERAL
1.1 All our -also future – supplies and services including consultations carried out exclusively on the following conditions. Confirmations of the buyer with different conditions, in particular purchase or other terms and conditions of the purchaser are hereby expressly conflicted. The differing conditions shall not apply even if we do not contradict them again after their receipt. At the latest with the acceptance of the goods delivered by us, these conditions considered as accepted.
1.2 Our offers are not binding. All supply contracts and other arrangements obtained only by our written confirmation validity. The content of the confirmation is material. Verbal agreements do not bind us. Even changes or additions to the agreements made, including these Conditions of Sale require your valid with our written confirmation. We are entitled to determine agreed in the addendum confirmation of delivery and dates vary. Although not specifically mentioned, we are entitled to material and modification costs incurred by the change order, invoiced.
1.3 The suitability of the ordered trapezoidal profiles, flashings and other goods with respect to the selection of the profile of the material, the material thickness, coating type and thickness, the color tones and a possibly backing varnish or protective film with respect to the intended use and the locally encountered influences is not checked by us. Furthermore, we assume that the delivered trapezoidal profiles, cassettes, etc. taken immediately after arrival at the receiving location of the package and mounted or stored under appropriate conditions.
1.4 All contracts only after a written confirmation EDP valid on our part. Order assumptions of field staff are considered the request to conclude a contract and are binding only by our hand-delivered IT confirmation. Each new order consists of a separate contract. We reserve the right to suspend the execution of a contract, as long as the prevention takes place. Is the contract a place to accept the goods detained, so the buyer undertakes, this always and must be followed, which, located in the company of the Seller except unusual clause.
2. PRICES
2.1 Our prices are for the services and delivery listed in our order confirmations. Additional or special services are charged separately.
2.2 The price offers are quoted in the currency agreed. Our prices are, unless otherwise stipulated in writing, ex works or warehouse VAT applicable on the day of payment VAT, excluding fees and expenses for work certificates. They include packaging, freight costs, installation costs and other related expenditure, also duties, not one.
If prices freely agreed reception point, so it is assumed that one is accessible to heavy vehicles access road is to the destination agency and the customer can perform the establishment, by him discharge promptly and properly. If these conditions are not fulfilled, to pay the resultant costs of the purchaser.
2.3 The listed in the letter of confirmation or order confirmations prices are not fixed prices. Rather, the prices are based on the list prices of the manufacturing plants as they exist at the time of our order confirmation. these list prices change to the time of delivery, so change our prices in the same proportion. It is immaterial whether earlier or later delivery should have taken place. Decisive is the date of actual delivery.
2.4 The prices for plastic coating and painting are, unless otherwise agreed, our standard shades based. More costs for any other colors are to be borne by the purchaser.
2.5 For sale by weight, the determined by us weight is exclusively decisive for the calculation.
2.6 If we introduce the customer’s request supplies and / or services, which excludes our order confirmation, the buyer will pay these additional services appropriately
3. PAYMENT
3.1 Unless otherwise has been agreed, any sale against immediate payment, namely the place where the seller. For all unpaid invoices on the expiry date interest at the rate of 15% of the invoice date as of right and without notice or demand for payment calculated increased by liquidated damages of 15% of the amount owed, with a minimum of 100.00 €. The bill is only considered paid when the invoice amount is credited to our account. The Payment by draft is subject to prior agreement. As far as the above payment terms be modified in favor of the customer, this has to bear the entire credit and other costs.
3.2 The retention of payments due or offsetting with counterclaims of the customer is only permitted if they are recognized by us or legally established.
3.3 If after the conclusion of the contract becomes aware of circumstances which are suitable to reduce the creditworthiness of the purchaser, we are entitled to ask all our claims including notes receivable due immediately and further deliveries from this transaction or other transactions only against advance payment or security deposit ,
3.4 The granting of a discount is always subject to the condition that the purchase price is received on time in full. Case of insolvency, suspension of payments, bankruptcy, judicial or extrajudicial comparison, check or bill protest, as well as recovery measures the discount or included in net prices discount falls away and is charged back in full after initial or list price.
3.5 Payments must be made without discount so that we can have at the expiry date on the value date
4. CANCELLATION AND STANDARD FORM
a right of withdrawal to: According to § 312g BGB is available, if you act as a consumer (consumer is any natural person who enters into a transaction for purposes which can be attributed mostly neither commercial nor its independent vocational activity § 13 BGB). This right will therefore is not entitled to, if you act like an entrepreneur (§ 14 BGB: Entrepreneur is a natural or legal person or a legal partnership, in concluding a legal transaction in their commercial or independent professional activity).
In addition, the right of withdrawal does not apply if you enter into the contract at our offices.
Pursuant to § 312 g exp. 2 BGB exceptions apply to the revocation right, inter alia, does not exist the right of cancellation to contracts for supply of goods which are not prefabricated and for their production of an individual choice or determination is mainly determined by the Ver-consumer or which are clearly tailored to the personal needs of the consumer.
If you then a right of withdrawal, then:
Withdrawal
You have the right to withdraw within 14 days without giving reasons this contract.
The withdrawal period is 14 days from the day have taken to buy, or a representative of your third party other than the carrier and possession of the goods or has.
To exercise your right, you have to (O-METALL® Luxembourg S.A., Marketing Business Center, L-9753 Heinerscheid LUXEMBOURG, Phone: 0035299732320,
Fax: 00352979341, email: info@O-METALL.com) by means of a clear explanation
(For example, a consigned by post mail, fax or e-mail) of your decision to withdraw from this contract, inform. You can sure use the attached model withdrawal form, which is not mandatory, however.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the right of withdrawal before the withdrawal period.
Consequences of the revocation
You have to return or to hand over the goods to us without any delay and in any case not later than 14 days after the day on which you notified us about the revocation of this contract. The deadline is deemed to have been met in case you send off the goods before the 14-day period has expired. If you want a forwarding agent appointed by us will return the goods to us at your expenses. You bear the direct costs related to the return of the goods. The costs are estimated at a maximum of €1298 VAT included.
You must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
After receipt and inspection of the returned goods, we will immediately but within 14 days at the latest refund the sales price to you.
End of the cancellation notification
5. DELIVERY TIME, DELIVERY
5.1 delivery or other periods only apply approximately. The delivery periods begin on the date of order confirmation, but not earlier than the complete clarification of all details of the order, the opening of the letter of credit and the provision of all necessary domestic and foreign certificates.
Delivery times and dates refer to the date of dispatch from the factory or warehouse. They are deemed to have been met if prior to deadline expiry the delivery item the factory or warehouse or has left the dispatch has been notified.
5.2 The agreed delivery deadlines are extended – without prejudice to our rights arising from default of the purchaser – by the period by which the purchaser with its obligations under this agreement or other statements against us in default The same applies to delivery dates.
5.3 Our advantages and subcontractors are not our agents. Our liability for the timely delivery of pre- and sub-contractors is excluded expressly for the case when we are committed to a fixed delivery date.
5.4 Cases of force majeure, which include effects by eurofer or similar government intervention, and other events over which we have no control and which make delivery difficult or impossible, such as Operational disruptions of all kinds, difficulties in procuring material or energy. Transportation delays. Strikes, lockouts, and the non-delivery, incorrect or delayed delivery by our suppliers -gleich what reason -entbinden us of our obligations under the supply contract. Obstacles of a temporary nature only for the duration of the hindrance plus a reasonable start-up period. As far as the customer acceptance of deliveries can not be expected due to the delay, he can withdraw towards us from the supply contract by immediate declaration.
5.5 If we are in default, the purchaser may withdraw after expiry of a reasonable extension of the contract, as the goods are not reported by the deadline than ready. In case of partial default of the buyer, if the partial performance proves he has no interest for him, be entitled to withdraw from the entire contract. Located at delivery delay before or will we supply, for whatever reason, impossible, so the customers are claims for damages of any kind do not, unless we had the delay or the impossibility of gross negligence.
5.6 Partial deliveries are permitted. Each delivery is considered a separate transaction.
5.7 For contracts with continuous delivery and grades divisions are we giving up on time; the total amount must, if not otherwise agreed, are divided and retrieved within one year of the contract. Does not meet the buyers of these obligations, we are entitled to grace period, divide itself or to demand damages for non-performance. If the contractual quantity is exceeded by individual calls of the customer, we are entitled to deliver the surplus, but not required. We can calculate the excess at the prices valid at retrieval or delivery
5.8 Excess or short deliveries up to 15% are permissible.
5.9 fastening material is supplied in full packaging.
6. ACCEPTANCE
6.1 If acceptance is agreed, it can only be done at our warehouse or in a delivery mechanism. They must be carried out no later than immediately after notification of readiness for dispatch. The material acceptance costs we bear.
The remaining expenses associated with acceptance or calculated from a third party shall be borne by the buyer If special quality requirements are stipulated, the purchaser is obliged at our request to a decrease.
6.2 If the acceptance does not, not timely or not completely, so we are entitled to dispatch the goods without acceptance or to store them at the purchaser’s risk and expense, either in our premises or at a forwarding agent.
6.3 When we passed stored supplies or other items brought against theft, fire, water or any other risk to be insured, the customer has to effect the insurance itself, for example, at Kontraktvorkäufen or the like.
6.4 Please note that any goods sold takes O METALL® principle back.
7. DISTRIBUTION, RISK AND TRANSPORT
7.1 Unless otherwise agreed in writing, the goods are delivered truck packed. The packaging we will execute any liability according to our experience and the exclusion or selecting serves to protect the goods during transport and loading and unloading, provided professional and careful handling. When storing the product protects them – as well as a normal seaworthy packing – not from the weather; the formation of condensation inside the enveloped by the packaging space is due to the function of the packaging can not be excluded. To avoid damage to the goods must therefore also storage, depending on their duration and the specific place of storage conditions, especially climatic conditions, professionally, that is et al protected and optionally aerated done.
7.2 The truck packaging is charged at the usual daily rate. For packages with an individual weight below 3 t the package will be charged. The packaging is not taken back.
7.3 For an insurance of transport damage and other risks we are not obligated. The cost has to bear in any case, the customer event of transport damage the Purchaser shall immediately arrange for a factual report to the competent authorities. Transport insurance is arranged by us only at the express instruction of the client
7.4 At the appointed time notified to be ready for despatch must be immediately. Can not be sent within four working days of notification of dispatch the goods, so we can ship them to their own choice or store them at the expense and risk of the purchaser, at its discretion and they charge as delivered after notification of dispatch, unless we have to represent the non-conforming shipment.
7.5 If no fault of our transport impossible on the planned route or to the planned destination in the allotted time, we are entitled to deliver a different route to another location. The additional costs are borne by the purchaser. The purchaser shall be given the opportunity to comment.
7.6 With the handover to the forwarder or carrier, but at the latest when leaving the factory or warehouse, the risk is transferred to the purchaser. This applies also to FOB and CIF transactions as well as an agreement ‘destination’ or similar.
All risks to which they are subject during shipment, shall be borne exclusively by the buyer, in turn, if necessary, by taking recourse against the haulier.
7.7 The provisions of the CMR convention for the transport of goods are valid.
7.8. Truck deliveries are notified as a rule and are always carried out with a 40-ton truck tractor freely navigable site or passable camp. Unloading must only be done immediately after arrival quickly on site or at the expense of the purchaser.
For any delays or disruptions of the discharge – of whatever kind – has to assume full responsibility of the purchaser. Delays that exceed a maximum truck service life of 2 hours (depending on the unloaded quantity) will be charged for each additional hour billed at 150 € plus VAT (as of 2021) and are payable immediately upon discharging to the carrier, This applies also and in particular for delays during unloading, which have arisen because of the customer against us is with its obligations under this agreement or other contractual agreements.
If one unloading – for whatever reason – the delivery day when the truck is already in place, are impossible, everyone will put additional travel kilometers 2.50 € plus VAT invoiced. In the event that the goods must be stored back in the factory to a later time, storage costs from 69 € per pallet and per month or part thereof will be invoiced, and are also to be paid on the renewed acceptance or delivery.
8. OWNERSHIP AND CHARGE
8.1 We reserve on all goods supplied by us (reserved goods) before the property until the customer the whole, the future nascent obligations – from the business relationship repaid us – regardless of the legal reason.
8.2 The processing or transformation of the goods is carried out for us as a supplier, without obligating us. The processed goods are considered reserved goods.
– When working with others, not belonging to us things by the buyer ownership of the thing is us in relation to the invoice value of the goods to the sum of the invoice value of the other goods used.
– If the goods are mixed or combined with other objects and disappears thereby our ownership of the reserved goods, so go the ownership or co-ownership of the customer on the mixed stock or the uniform in proportion of the invoice value of our reserved goods to the sum of the invoice value of the other mixed or combined things about us. The purchaser shall store for us without charge
8.3 The customer is entitled only in the context of its ordinary business, the reserved goods to resell. Specifically, the following applies:
– If the sales price its customers are deferred, the purchaser has against his customers of the property sold to the goods
reserve to the same conditions under which we reserved ownership upon delivery of the goods. Without this reservation the buyer to resell the conditional commodity is not authorized.
– The purchaser hereby assigns the entitled from the resale or other disposal business to his buyers purchase price claims or other compensation claims to us. They serve to the same extent as the reserved goods. The purchaser is to resell or other use of the goods only entitled and authorized when it is ensured that the claims arising therefrom to us.
– If the goods are sold by the customer together with other goods not supplied by us, the assignment of the claim from the resale shall be limited to the amount of the invoice value of the reserved goods sold. In the sale of goods. in which we have co-ownership. the assignment of the claim applies to the amount of this joint ownership.
– If the assigned claim is included in a current account, the customer already now one of the amount of this receivable corresponding part of the balance from the current account to us
– The customer is authorized until revoked to collect the claims assigned to us. We must make use of this right of withdrawal, as long as the customer’s payment obligations under the business relationship duly meet with us.
– The reserved goods are used by the customer to fulfill a works or works supply contract, so the demand is it assigned to us to the same extent.
8.4 If the value of existing securities exceeds the secured claims by more than 20%, then we are on the customer’s request be obliged to choose either to release collateral.
8.5 Our rights under the retention of title shall apply until complete release from contingent liabilities which we have entered into in the interest of the customer,
8.6 If the property pursuant to the law of the country. In which the conditional commodity is, is not legally valid, so shall his place as agreed to under the law of that country closest legally possible security.
8.7 The claims of the Customer from the resale of the goods are hereby assigned to us
8.8 Should the Client deliver goods to us, we reserve the right to charge any debts from earlier deliveries and thus to settle any debts or unpaid bills.
9. WARRANTY
9.1 Unless otherwise agreed, the quality of the goods supplied relates to a domestic use under normal climatic conditions and normal environmental influences, and in both cases inside and outside buildings
9.2 The delivered goods must be carefully inspected immediately after arrival at the destination. If a defect, this is immediately in writing
we guarantee 9.3 For coated trapezoidal profiles, cassettes and flashings specifically for polyester, 25 my, gloss 45-80% and PVdF 80/20, 25 my, gloss 30% coated side for us corrosion protection and color retention in terms of colors, which are not standard colors, but with restrictions. For the labels affixed to the uncoated side conformal coatings of the protectors and the cut edges of the sheets is not guaranteed The guarantee is valid for exterior surfaces, assuming a normal atmosphere, which is free of chemical / aggressive components, and a heat exposure of not more than 70C. Corrosion damage caused by your operating purposes, enterprises around or adverse environmental conditions with aggressive substances are specifically excluded from the warranty. For roofs, the warranty is limited to roofs, which form an angle of 60 or less to the vertical. The construction of roofs must be made so that the formation of bulges, from which the water can not flow, is excluded. The guarantee is limited to a conventional outdoor exposure in Central European climate. As usual, not in the sense of the definition are areas which cause corrosive gases / fumes and / or dust. Such sites are excluded from the warranty. Whitening of galvanized material and color changes with highly pigmented shades and production-related cutting edge training do not constitute defects. Laminated protection films have to be removed immediately after installation, however 2 weeks after delivery at the latest. Protection films have to be safeguarded against UV-radiation. For sandwich panels the color group III which are subject to temperature-dependent movement behavior, we disclaim any warranties with respect to the dilatation.
9.4 In case of defects or absence of an assured property we warrant within a period of 6 months, calculated from the date of dispatch from the factory or the notification of dispatch. When coated material (trapezoidal profiles, cassettes, etc.) is the content of the guarantee is limited to the provision of repair paint and not on the acquisition of associated with the repair of damaged parts costs including scaffolding division. Is the nature of things, a removal of the defect by repair ( “over spray) are not met, the claims are limited to our choice of a free replacement of the defective trapezoidal profiles without assumption of costs of disassembly and assembly. The reordering extended the duration of the original . agreed not guarantee the rest, we have to choose between repair, rescission of the contract (conversion), reduction of the purchase price (reduction) or replacement delivery; after repeated failure of the repair or replacement, the customer may the exclusion of all other claims -gleich kind and regardless of the legal reason, demand either cancellation or reduction. All other, because of the purchaser or in connection with defects or lack of warranted characteristics of the goods delivered as entitled to claims for compensation for non-performance. claims breach of contract, claims on contract negotiations and tort claims (especially product liability) are excluded; this does not apply if we have acted with gross negligence, and claims for damages from property assurances, which are intended to protect the purchaser against the risk of consequential damages.
9.5 produced When delivering us a fee or contract trapezoidal profiles and / or cassettes and flashings is limited to our liability for delayed performance, impossibility, poor performance or other poor performance on more than the amount in the amount with which we are in default or defects points out, calculated on the basis of the agreed wage profiling compensation after t or m2. Rely our deliveries and services to customer requirements and design specifications, we assume no liability for the accuracy of those taken from them and Dimensions, since we are not obliged same lack of other written agreements in individual cases to its own verification. If it is a transport damage, this must be indicated in the delivery on the bill of lading (waybill and protocol). For damages, which are due to improper storage, we assume no liability.
9.6 We would like to politely point out that the reported as “special items”, “closeouts”, “special steel profiles”, “B-Ware”, “C-Ware”, “2nd choice” or “3rd choice” goods for any reason, you can’t complain. Articles marked with the addition “different shades of white”, “rest coils”, “special items”, “closeouts”, “special steel profiles”, “B-Ware” and “C-Ware” are automatically regarded as second choice (2nd choice) goods.
10. OTHER DAMAGES
10.1 is also outside the scope of warranty, liability for impossibility or delay any liability on our part for damages, regardless of the legal cause, particularly for violation of duties during the contract negotiations, due to positive breach of contract and tort (including product liability) are excluded, unless gross negligence of our legal representatives or our vicarious agents present.
10.2 Complaints are only admissible within five working days of receipt of the goods.
11. TECHNICAL DOCUMENTATION
11.1 If we create technical documentation. We reserve the right thereto even after delivery to the purchaser, our property rights and copyrights. Without our consent the purchaser may not be duplicated or made available to third parties the documents. Failure to placing an order, we reserve the right to reclaim left documents
11.2 If we undertake other services such as the preparation of technical documents, the making of statics, the installation plans or other documents is limited liability for delayed performance, impossibility, poor performance or other ski real fulfillment to a maximum of the amount of funding agreed or authorized payment. Further claims of the buyer, for whatever legal reason, do not exist.
11.3 we publish static load tables and technical documentation are for general information. Due to our product diversity, the numerous variations and the constant development of the products, there may be positive or negative deviations of the published documents.
12. CONSTRUCTION AND INSTALLATION SERVICES
Where an order placed us construction and assembly work includes having or is extended to apply to the resulting legal relationships the specifications for building.
13. FINAL PROVISIONS AND RECOGNITION
13.1 Place of performance for all of the transactions with us resultant rights and obligations for the supply of the place of the supplying plant or our warehouse. For payments, even for payments from changing our place of business is considered as fulfillment. For all arising from the contractual relationship approach and litigation, including bills and documentary evidence alone the jurisdiction of the district, where the O-METAL® is a resident responsible. However, we are entitled to sue at the court competent for the seat of the pickup.
13.2 applies exclusively in each country seat, where the O-METALL® is established law in force; the application of the uniform law on sale of international treaties is excluded.
13.3 Should one or more provisions of the contract (including these general provisions) are or become invalid, the remaining provisions remain binding; replace the invalid provisions should apply rules which the willed comes to the extent legally possible the next.
13.4 The client automatically detects when receiving our confirmation within five working days of the sale and delivery.
INSTRUCTIONS TRANSPORTATION AND STORAGE of galvanized and plastic-coated profiles.
1. The profiles are necessarily to transport dry.
2. The profiles must be unloaded using suitable equipment, for example, thaw with trusses, band rope slings, Hemp
3. The profiles are always stored pallet on pallet in dry. Because of the risk of condensation is to ensure good aeration at the end faces, ggfl. are spacer insert
4. It should be stored away under cover of driveways. Temporarily outdoor storage is possible in this case, appropriate measures to protect against the weather (water, sun, storm) should be taken.
For covering the profiles are Nature Plan, no way to use plastic sheets or films. Nevertheless, good ventilation must be ensured. The profile stack are to be stacked by a slight inclination in the longitudinal direction. This can drain water seepage, despite all precautions.
5. The profile stack must be protected from dust and dirt, especially against wet mortar and cement.
6. seaworthy packed profiles must be checked upon arrival at the construction site on moisture.
If moisture is detected, the profiles must be stored so that a circumferential ventilation ensures proper drying. (For example, stacking, timber liners)
7. There is a regular monitoring of the stored profiles are required to ensure that despite the aforementioned precautions is no moisture in the pile For parcels with interleaved sheets extreme caution.
8. All sheets, open laminated cores have to be secured against Sturm. A Complaining of the sheets is not enough.
9. When unstacking the profiles are not throwing and not to grind.
10. The profiles must be handled with clean work gloves. called. nibbler must be used for cutting, notching. When cutting the coated profiles, the coated side must be upwards; the interfaces must be deburred and refurnished.
11. Mounting holes must be drilled. Drilling and cutting chips are sweeping off daily (risk of rust).
12. Unincorporated (fortified) roof and wall panels are to be secured before leaving the site.
DEAR CUSTOMER,
please believe us: we do everything possible to satisfy our customers by good performance and service.
A permanent staff is always ready to assist you with advice and practical help. But we know that despite all the efforts can go wrong once. Then ask ourselves and let us know your concerns. We will strive to it immediately. However, should you be particularly pleased with us, then we would be happy, of course, also to hear that again. For every praise inspires new services. And if you continue to say that praise your friends and acquaintances, then you would therefore do us a special service.
Phone: 00352 / 99 73 23 20
Fax 00352 / 979 341
