General Terms and Conditions
of Thermobau Wirthwein GmbH • Walter-Wirthwein-Str. 12 – 97993 Creglingen (Germany)
The following General Terms and Conditions apply to all performances and services rendered by Thermobau Wirthwein. Conditions by our customers that oppose or deviate from our General Terms and Conditions shall not be taken into consideration unless we have agreed to them in writing. Our General Terms and Conditions also apply if we accept to conclude a contract and/or render our services without reservation although we are aware of the respective customer’s conditions deviating or opposing those of Thermobau Wirthwein.
Our General Terms and Conditions apply to companies according to § 24 of the General Terms and Conditions Act.
Our General Terms and Conditions also apply to all contracts with the customer concluded at later points in time.
The prices offered by us are based on the purchasing prices and salary and wage rates valid at the moment. We reserve the right to invoice the prices valid at the date of delivery if above mentioned costs increase. If the period of time between conclusion of contract and agreed-upon delivery date exceeds 4 months (applicable for call-off orders is the point in time agreed on for part deliveries), we reserve the right to raise the delivery price in accordance with the increase in above-mentioned costs.
The customer carries the costs for shipment ex works as well as those for packaging of goods.
All drawings, measurements and weights are approximate data.
All drawings, drafts, sketches, diagrams and documents as well as proposals handed over to the customer remain our intellectual property. They may not be forwarded to third parties and must be returned to us on our request if invoiced separately.
Part deliveries are admissible.
The by us indicated delivery dates are not binding. A delivery date commences with the day of order acknowledgement but not before clarification of all order details and prerequisites the customer needs to fulfil. Delivery dates are specified in such a way as to be likely to be adhered to in case of normal production without interruptions of any kind. Thermobau Wirthwein cannot be held liable for damages caused by delayed deliveries. If we fail to deliver, the customer may withdraw from the contract after having granted an additional period of time of reasonable length and only if production of the product has not yet been started.
All our offers are non-binding and subject to change without notice.
Notification of obvious defects needs to be given immediately on receipt of the goods. Notification must include a sample. All other defects need to be asserted in writing and received by us within 8 days on arrival of the goods at the recipient. Later complaints will not be accepted.
The customer shall obtain a purchase price reduction or substitute delivery for the defective goods. The delivered defective goods need to be returned, all other claims are excluded.
We can choose to rework the goods objected to.
We do not warrant any damage caused by non-intended or inappropriate use and incorrect assembly or commissioning. The customer bears the burden of proof.
Customary deviations concerning colour, dimensions, weights and quality do not represent any defect of the goods delivered.
The supplier takes over the normal disposal of the supplied commodity upon completion of use, which fall under the ElektroG. The customer bears the cost of the freight costs of the goods at the suppliers.
On execution of an order (design etc) according to customer instructions, the customer needs to make sure that he has the right to commercially use the documents. If the production according to customer drawings violates any property rights of third parties or any marking requirements, the customer shall exempt us from any third-party claims for damages or other payments and reimburse the expenditures incurred.
Payments are due within 10 days from date of invoice with a 2% discount or within 30 days net. Payment is considered punctual when the amount is credited to our account within the time limits stated above. th
Unless agreed otherwise, the customer shall pay the customary bank interest rates if payment is made after the 30 day from date of invoice.
Unless agreed otherwise, payments are charged against the oldest unpaid invoice including the corresponding supplementary claims. For each reminder sent due to the customer’s failure to pay in time, the customer shall be charged a lump sum of EURO 10.
If the customer fails to pay in time, we shall have the right to stop delivery and/or production of the ordered goods until all amounts due have been entirely paid. In such cases and in case of deteriorating financial customer situation or business transfer to third parties or dissolution of the company or death of the customer we shall have the right to ask advance payment for performances and works not yet carried out. If the customer refuses such business transactions we shall have the right to claim immediate payment of open credits.
We reserve the title to the delivered goods until fulfilment of all claims from the business cooperation, including interests, supplementary claims and costs of bringing an action or costs for necessary interventions due to the seizure of the delivered goods by third parties. We shall be notified immediately of any debt enforcement concerning the delivered goods. The costs for the necessary intervention shall be carried by the customer.
If the customer lacks conformity with the contract or and in particular if the customer fails to pay in time, we shall have the right to take back the delivered subject matter. Taking back of the goods does not mean withdrawal from the contract unless we express such intention in writing. Our seizure of the goods, however, is synonymous to our withdrawal from the contract.
All legal actions between Thermobau Wirthwein and their customers are subject to the Laws of the Federal Republic of Germany
Place of Performance for deliveries and payments is the Thermobau main office in Creglingen
Venue for both parties is the forum domicili of Thermobau Wirthwein
These General Terms and Conditions are subject to change without notice.
Should any individual provision or any part of any provision be or become void, illegal or unenforceable, the validity of the remaining provisions hereof shall in no way be affected. In such case the void and/or illegal and/or unenforceable provision or provisions shall be replaced by relative provisions coming as close as possible to the sense and spirit and purpose of this Agreement. The same applies in the absence of a regulation.