1. Scope of validity/applicable law
The following General Terms of Sale, in the version prevailing at the date of the order, apply solely to the business relationship between you and ourselves (ZET-CHEMIE GmbH). This also includes all the resulting claims of both sides. We do not recognise conditions in deviation to our terms, unless we have expressly approved such in a stand-alone case in writing. German law shall prevail over these terms of sale and to the entire business relationship between you and ourselves. The provisions of UN Commercial Law do not apply.
2. Contractual partner
Your contractual partner is
Fon: +49 7391 7008-30
Fax: +49 7391 7008-31
VAT ID No.: DE145219604
Register court: District court Ulm HRB 490329
3. Prerequisites of order/purchase
ZET-CHEMIE GmbH concludes contracts with customers which a) are natural persons of unrestricted legal capacity and of legal age; with your order you assure that you are of legal age, b) are official bodies, c) are legal entities in Germany.
4. The buyer’s duties of providing information
The buyer is obliged to make completely truthful statements when placing orders. The buyer must notify us without delay of any changes in the data relevant to the business relationship, particularly that concerning name, contact data or delivery address. If the data notified by the buyer prove to be false or outdated, we are entitled to withdraw from contracts already concluded and to freeze the customer’s account. The buyer assures that it is able to be reached at the stated address.
5. Confirmation of receipt and confirmation of order
Our offers are free of obligation and non-binding. The purchase contract comes into being either when we accept your order by delivering the goods or by notifying you of the delivery. You waive an express declaration of acceptance on our part, § 151 Para. 1 BGB.
The purchaser can revoke the contract in writing within two weeks after receiving the goods. On-time dispatch of the revocation notice suffices to meet the deadline for revocation. The buyer bears the costs of the return shipment. The costs of recovering the goods and other services ordered by the purchaser connected with the goods are not refunded in case of revocation. It is pointed out that ZET-CHEMIE can make a value deduction if the goods have been used. The provisions in this paragraph do not apply if the goods delivered do not correspond to the goods ordered or are defective.
Unless agreed otherwise, deliveries are made by ZET-Chemie GmbH ex-stores to the delivery address stated by the purchaser. Any delivery dates stated are non-binding, unless a delivery deadline has been binding promised in an exceptional case.
If ZET-CHEMIE GmbH is unable to deliver the ordered goods through no fault of its own (perhaps because an upstream supplier has failed to fulfil its contractual obligations), ZET-CHEMIE GmbH is entitled to withdraw from the contract with the purchaser. In such a case, we shall inform the purchaser without delay that the ordered product is not available. The purchaser’s legal claims remain unaffected.
If it is not possible to deliver the goods to the purchaser because they do not fit through the purchaser’s entrance gate, house door or stairwell, or because the purchaser could not be found at the delivery address it had stated, even though the date of delivery had been notified to the purchaser in good time, the purchaser then bears the costs of the failed delivery.
Details of the percentage contents or mixing ratios of the products we supply are regarded only as approximate, average values. Deviations within the tolerances acceptable in each single case (which are unavoidable despite all the care taken in manufacturing the goods and in attaining the values) are expressly reserved.
We give advice on technical application in good faith on the basis of our research work and experience. Nevertheless, all details and information given regarding the suitability and application of the products that we sell are non-binding and do not release the buyer from its duties of undertaking its own tests and trials.
8. Prices, payment
The prices applied are those prevailing at the date of your order or those stated at the date of offer. None of the prices stated include German value-added tax (VAT), which will be added at the prevailing rate. Payment by invoice is not possible unless the delivery address and the invoice address are known to us. We reserve the right to stipulate other methods of payment (e.g. in advance, cash cheque). Invoices are payable upon receipt.
The customer is not entitled to offset or retain its counter claims unless these are not disputed by us or have been established by a court of law.
9. Reservation of title
The goods delivered remain the property of ZET-CHEMIE GmbH until paid for in full. If the purchaser resells the goods before they have been paid for in full, it assigns its claims against the third party buyer to ZET-CHEMIE GmbH.
The customer must inspect the delivery item without delay and notify any defects to us without delay in writing, although at the latest within 7 work days from receipt of the goods at their destination. Otherwise the delivery item is regarded as having been accepted without defect.
All claims accrued from defects expire by limitation of time in 12 months, including claims to damages as per Section 11. This deadline starts to run upon the delivery of the goods. Otherwise legal provisions apply.
Claims to damages for direct and indirect losses, including collateral damage and consequential losses, are excluded – regardless of whatever their legal reason. This does not affect the purchaser’s claims if:
– ZET-CHEMIE GmbH has maliciously concealed a legal or material defect, or has given a guarantee for the quality of the delivery item;
– the damages were caused by malice aforethought or gross negligence;
– a culpable infringement of a duty by ZET-CHEMIE GmbH results in physical injuries or harm to health;
– ZET-CHEMIE GmbH is subject to overriding liability for other reasons (product liability laws);
– the damages were caused by a negligent infringement of cardinal contractual duties by ZET-CHEMIE GmbH. In case of an infringement of such duties due to simple negligence, however, the amount of recompense is limited to that typically foreseeable for the contract in question.
Insofar as liability on the part of ZET-CHEMIE GmbH is excluded or restricted, the same applies to the personal liability of our employees, representatives and vicarious agents.
12. Data protection
When you get in touch with us, we record, process and use your personal data (insofar as this is necessary for our business relationship, particularly to process your orders and to maintain customer ties) in accordance with the Federal Data Protection Act (BDSG) and the Tele-service Data Act. Your data will be disclosed solely, and only as required in a stand-alone case, to the carrier entrusted to deliver the goods, so that your order can be delivered.
Data are otherwise not passed on unless we are required to do so by law.
§ 34 of BDSG gives you the right to demand information on the data stored about your person at no charge, likewise if you refer to the origin of these data, about the recipients or categories of recipients to whom the data is forwarded and about the purpose of storage. Under the legal prerequisites of § 35 BDSG, you furthermore have the right to have your personal data corrected, deleted and blocked.
13. Place of jurisdiction
Insofar as can be agreed, the place of jurisdiction for all claims arising from our business relationship is Ulm/Donau.
13. Salvatory clause
Should one or more provisions in this contract be or become legally unworkable, in full or in part, this shall not affect the validity of the contract as a whole. In such a case, the parties are obliged to replace an unworkable regulation with a workable regulation which comes closest to the purpose intended by the unworkable regulation. The same applies if it transpires that the contract contains a loophole not intended by the parties.
Ehingen, 19th March 2013