1. scope of application and provider
(1) These General Terms and Conditions apply to all orders placed by customers with storemaster GmbH & Co KG, Reihekamp 1, 30890 Barsinghausen, Germany.
(2) The range of goods is aimed exclusively at customers who are to be regarded as entrepreneurs within the meaning of § 14 para. 1 BGB, i.e. who are acting in the exercise of their commercial or independent professional activity when concluding the contract.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall also apply to all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of the customer that contradict our General Terms and Conditions is hereby rejected.
2 Prices and conclusion of contract
(1) Our offers are non-binding and without obligation. Only the content of our order acceptance is valid for the fulfilment of the contract. Quoted prices are valid for 3 months, unless otherwise stated in the offer.
(2) For the calculation of our services, the prices valid on the day of fulfilment (readiness for dispatch of the goods) shall apply if the agreed delivery time has been exceeded by more than 3 months through no fault of our own.
(3) By completing the customer's order, the customer submits a binding purchase offer. If we subsequently send an automated confirmation of receipt, this does not constitute acceptance of the customer's purchase offer. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer.
(4) The prices quoted are net prices. The applicable statutory value added tax shall be added.
(5) All prices are exclusive of the shipping costs indicated in each case.
(6) storemaster GmbH & Co KG attaches great importance to fair business dealings. For this reason, we grant all our customers from an order value ≥ 5000€ always constant quantity discounts. The quantity discount is deducted during the ordering process and displayed transparently. Special offers and promotional prices are excluded from the quantity discount.
3 Terms of payment and default
(1) General terms of payment for orders within Germany: We always deliver on account. Payments from within Germany are to be made at 100 % of the value of the goods without deduction within 7 days of the notified date of readiness for collection. Installation costs within 5 days of completion of installation without deduction. Any guarantee commission incurred shall be borne by the customer. In the event of late payment, financing and storage costs shall be charged in accordance with § 452 BGB at 15 % p.a. from the 1st day of default plus € 25.00 in processing costs per reminder.
(2) General terms of payment for orders outside Germany: We generally deliver on account. Payments for orders from abroad or for deliveries abroad and those for customised products shall be made at 100 % of the value of the goods within 5 days of receipt of the order acceptance, strictly net cash without deduction. Payment from abroad is free of bank charges for us. Subsequent claims for bank charges and unauthorised deductions are subject to a processing fee of € 25.00. The goods remain our property until full payment has been made, which includes the extended retention of title. We reserve the right to apply stricter terms of payment.
(3) If the customer does not fulfil his payment obligations punctually or if it becomes apparent that his financial circumstances are no longer sufficient for any credit granted or deferment of payment, we shall be entitled to declare all outstanding claims due immediately or to demand the provision of security.
4. set-off and right of retention
(1) The customer shall only have a right of set-off if his counterclaim has been recognised by declaratory judgement or is not disputed by us.
(2) The customer may only assert a right of retention if his counterclaim is based on the same contractual relationship.
(3) We may assert a right of retention against all future orders of the customer, including recognised orders, if the customer does not meet his payment obligations.
5. order fulfilment, delivery, transport risk, delivery dates
(1) The technical design is carried out in compliance with the provisions and regulations according to German law, e.g. BGR Directive 234 and ProdSG (Product Safety Act), CE-compliant for electrical design or EC directives, the recommendations of competent institutions and the generally recognised rules of technology as they apply to technical work equipment, if necessary with a corresponding declaration of conformity for electrified products (electrical equipment according to EC Directive 206/95/EC). No guarantee is given for the dimensional stability of the stored goods when using shelving systems supplied by us.
(2) Measurements carried out by us shall be deemed to have been commissioned by the customer, but shall be free of charge for the customer and non-binding for us, as shall any of our consultations.
(3) Subcontractors may be utilised by us for the execution of the order without prior consultation with the client and at our discretion.
(4) The goods shall be dispatched within the agreed delivery time as far as possible, calculated from receipt of the approved execution drawings and countersigned order acceptance. If we do not receive these again within 14 days of dispatch, they shall nevertheless be deemed to have been accepted by the customer and released for further processing. Costs for subsequent changes shall be borne by the customer.
(5) Unless otherwise agreed, the goods shall be delivered ex works (EXW incoterms® 2020). The right to collect the goods yourself must be exercised within 7 days. If the goods are not collected on time, they will be dispatched by a carrier of our choice at your expense. Transport risk at your risk, value of goods insured.
(6) Free delivery: CIP Incoterms® 2020, with a forwarding agent of our choice, transport risk at your risk, value of goods insured, transport costs at our expense, excluding unloading and transport of the parts to the place of use.
(7) Flat-rate shipping costs for small quantities: The flat-rate shipping fee is €250 for an order value <€5000 and only applies to deliveries within Germany. Shipping is carried out according to CIP Incoterms® 2020 with a forwarding agent of our choice, transport risk at your risk, value of goods insured, transport costs at our expense, excluding unloading and transport of the parts to the place of use.
(8) The risk shall pass to the customer when the goods are handed over to the forwarding agent, carrier or other third party appointed to carry out the shipment. The handover begins at the same time as the loading process. A delay in acceptance by the customer shall result in the transfer of risk.
(9) Exceeding the delivery time shall not lead to obligations to pay damages. Contractual penalties shall not be recognised by us. We shall be released from our obligation to perform if we ourselves have not been supplied on time by our suppliers within the framework of a matching covering transaction, unless we ourselves are responsible for the non-delivery. The customer shall be informed immediately of the missing delivery.
(10) If the delivery time is exceeded by more than 3 months through our fault, the customer's obligation to accept the goods shall lapse.
(11) We are entitled to make partial deliveries insofar as this is reasonable for the customer, taking into account the interests of both parties. Additional shipping costs shall be borne by the customer. The risk shall pass to the customer upon handover of the respective partial delivery.
(12) Shipping outside the European Union with movement certificate EUR. 1: Delivery outside the EU with WVB EUR. 1 is exclusively ex works. If the value of the goods exceeds €6,000, the required WVB EUR. 1 is included. Shipping is carried out by a carrier of our choice, transport risk at your risk, value of goods insured, transport costs at your expense.
(13) Shipping outside the European Union using the procedure for registered exporters (REX): For exports from the EU to countries with free trade agreements, for example CETA (Canada), EU-Japan EPA or TCA (Trade and Cooperation Agreement with the United Kingdom), the goods are shipped exclusively ex works. Export accompanying documents included. Shipping is carried out by a carrier of our choice, transport risk at your risk, value of goods insured, transport costs at your expense.
6. installation design and costs
(1) In accordance with our terms and conditions of installation, also by subcontractors.
(2) Installation costs are payable within 5 days after completion of installation, strictly net cash without any deduction; in the event of a justified notice of defects submitted to us in writing, less an appropriate partial amount for installation costs; payable within 3 days after successful completion of the rectification work; rectification work on one and the same defective item must be carried out twice. Assembly management and invoicing without obligation, also by subcontractors. Hourly rate in proof or for additional work: € 80.00 + VAT.
7. reservation of title
(1) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods.
(2) The customer may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to us all claims in the amount of the invoice amount that accrue to the customer from the resale. We accept the assignment. However, the customer remains authorised to collect the claims. If the customer does not properly fulfil his payment obligations, we reserve the right to collect claims ourselves.
(3) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
(4) We undertake to release the securities to which we are entitled on request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10 %. The selection of the securities to be released shall be at our discretion.
8. warranty
(1) Unless expressly agreed otherwise, the customer's warranty claims shall be governed by the statutory provisions of sales law (Sections 433 et seq. BGB) with the modifications specified in the following paragraphs.
(2) Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. Samples, material properties and structure of the products may deviate from the information in the online shop. Our information on the subject of the delivery or service, including the illustrations, are only approximate descriptions, unless an exact match is required for the contractual purpose.
(3) You are obliged to inspect the goods with due care for deviations in quality and quantity and to notify us of any obvious defects immediately upon receipt of the goods. Visual impairments caused by welding work and hot-dip galvanising, as well as the usual dimensional deviations in shelf construction, which do not affect the function and operational safety of the product, do not give rise to any claim for rectification or replacement delivery for the customer. This also applies to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
(4) Claims for defects must be submitted to us in detail within 8 days of delivery of the goods (§446 and §434 para. 1 sentence 1 BGB) and do not entitle us to withhold payments. In the event of defects, we shall provide warranty at our discretion either by repair or replacement (subsequent fulfilment). In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a location other than the place of fulfilment, provided that the transport does not correspond to the intended use of the goods.
(5) If the subsequent fulfilment fails twice, the customer may, at his discretion, demand a reduction in price or withdraw from the contract.
(6) The warranty period is 2 years from delivery of the goods if operated properly. Warranty 10 years § 443 BGB for all storemaster® products when used properly. Damage caused by improper operation will result in the cancellation of any claims. All resulting costs, including those arising from damage assessment, shall be borne by the operator.
(7) Should the delivery of used products be agreed between us and the customer in individual cases, this shall be done to the exclusion of any warranty.
9. liability
(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
10. data protection
(1) The data provided by you (e.g. hall layouts, photos, requirement lists, etc.) will be used and stored exclusively for the preparation of quotations. They are subject to confidentiality and will not be passed on to third parties.
11. final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) German law shall apply exclusively to contracts between us and you.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and the customer shall be our place of business.