For all legal tran\u00adsac\u00adtions with us, the fol\u00adlowing terms of sale, delivery and payment apply exclu\u00adsively. Con\u00addi\u00adtions of the buyer which con\u00adtradict our con\u00addi\u00adtions are not binding for us, unless we expressly accept these con\u00addi\u00adtions in writing.<\/p>\n
<\/p>\n
2. Written form<\/strong><\/p>\n All agree\u00adments must be in writing. Addi\u00adtional agree\u00adments and other con\u00addi\u00adtions are only valid if they have been con\u00adfirmed by us in writing.<\/p>\n <\/p>\n 3. Orders<\/strong><\/p>\n Written and oral orders are only binding for us if we have accepted them with a written \u201corder confirmation\u201d.<\/p>\n <\/p>\n 4. Prices<\/strong><\/p>\n a) Our prices are ex works Plat\u00adten\u00adhardt, Germany, strictly net, unless otherwise agreed. The sta\u00adtutory value added tax to be paid by the purchaser is not included; we charge the VAT rate valid at the time of delivery. <\/p>\n 5. Delivery time<\/strong><\/p>\n a) The delivery time stated by us is appro\u00adximate. It begins with the day of issue of the order con\u00adfir\u00admation. Delivery is the day of loading or, if we do not ship our\u00adselves, the day of rea\u00addiness for shipment. <\/p>\n 6. Delivery quantity, weight determination<\/strong><\/p>\n a) We are entitled to exceed or fall short of the agreed delivery quantity by 2%. The delivery price does not change as a result. <\/p>\n 7. Right of with\u00addrawal in case of force majeure<\/strong><\/p>\n In case of natural dis\u00adasters, riots, official mea\u00adsures, transport dis\u00adrup\u00adtions, strikes, lock-outs, ope\u00adra\u00adtional dis\u00adrup\u00adtions, both in our juris\u00addiction and in the juris\u00addiction of our sup\u00adpliers, we chave the right to withdraw from the con\u00adtract in whole or in part or execute it at another time, without the purchaser having the right to make any claims against us.<\/p>\n <\/p>\n 8. Transport risk<\/strong><\/p>\n When the goods leave our factory, regardless of whether the transport is carried out by for\u00adwarding agent, rail or self-coll\u00adection vehicle and in the case of freight-free delivery, the transport and all other risks are trans\u00adferred to the buyer. This also applies to transport with our own vehicles, unless we are grossly at fault in the sel\u00adection of the driver or the pro\u00advision of the vehicle.<\/p>\n <\/p>\n 9. Notice of defects<\/strong><\/p>\n a) Com\u00adplaints can only be con\u00adsidered by us if they are made within 8 days after receipt of the delivery by the buyer. <\/p>\n 10. Sam\u00adpling<\/strong><\/p>\n In the event of a noti\u00adfi\u00adcation of defects, we are entitled to have a sub\u00adse\u00adquent sam\u00adpling of the deli\u00advered goods carried out by a sworn cer\u00adtified metal sampler within 10 days. Both parties are entitled to be present at the sam\u00adpling or to be repre\u00adsented. Sam\u00adpling and ana\u00adlysis shall be carried out in accordance with the latest edition of EN ISO 11125.<\/p>\n <\/p>\n 11. Exclusion of claims for damages<\/strong><\/p>\n Claims of the buyer for com\u00adpen\u00adsation for direct or indirect damage, regardless of the legal basis, are excluded, unless we have caused the damage inten\u00adtio\u00adnally or through gross negligence.<\/p>\n <\/p>\n 1<\/strong>2. Retention of title<\/strong><\/span><\/p>\n a) We retain title to the deli\u00advered goods until the purchase price has been paid in full, including all ancillary claims arising from all our tran\u00adsac\u00adtions with the buyer. <\/p>\n 1<\/strong>3. Use of the deli\u00advered goods<\/strong><\/span><\/p>\n a) Unless otherwise agreed, the goods may only be used in the buyer\u2019s business. This does not apply to dealers. <\/p>\n 1<\/strong>4. Terms of payment<\/strong><\/span><\/p>\n a) Payment must be made within 30 days of receipt of the goods. If the invoice is issued later, payment is due 30 days after receipt of the invoice. Cheques and bills of exchange are only accepted subject to encashment or dis\u00adcounting. In the case of payment by bill of exchange, costs for dis\u00adcounting and coll\u00adection shall be borne by the buyer. <\/p>\n 15. Pro\u00adhi\u00adbition of assignment<\/strong><\/span><\/p>\n The buyer may only assign the rights from the con\u00adtract with our written consent.<\/p>\n <\/p>\n 16. Cus\u00adtomer advisory service<\/strong><\/span><\/p>\n We provide cus\u00adtomer advisory ser\u00advices free of charge, unless otherwise agreed. The advice given is not binding and we exclude any lia\u00adbility for it.<\/p>\n <\/p>\n 17. Place of per\u00adfor\u00admance, place of juris\u00addiction and appli\u00adcable law<\/strong><\/span><\/p>\n Place of per\u00adfor\u00admance and place of juris\u00addiction is \u2013 as far as legally per\u00admis\u00adsible \u2013 Stuttgart. Unless otherwise agreed, the sta\u00adtutory pro\u00advi\u00adsions of the Federal Republic of Germany shall apply exclu\u00adsively, excluding the uniform inter\u00adna\u00adtional law on sales.<\/p>\n <\/p>\n 18. Partial invalidity<\/strong><\/span><\/p>\n Should any pro\u00advision of these Terms and Con\u00addi\u00adtions of Sale, Delivery and Payment or any other con\u00adtractual pro\u00advision be invalid, the remaining Terms and Con\u00addi\u00adtions of Sale, Delivery and Payment and the remaining con\u00adtractual pro\u00advi\u00adsions shall remain in effect. In this case, the buyer and we undertake to replace the invalid pro\u00advision by a pro\u00advision which is equi\u00advalent in its eco\u00adnomic result.<\/p>\n <\/p>\n <\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section][et_pb_section fb_built=\u201c1\u201d _builder_version=\u201c4.6.1\u201d _module_preset=\u201cdefault\u201d background_color=\u201d#004f9f\u201d custom_margin=\u201d-5px|0px|0px|0px|false|false\u201d custom_padding=\u201c0px|0px|0px|0px|false|false\u201d saved_tabs=\u201call\u201d global_module=\u201c5770\u201d][et_pb_row column_structure=\u201c2_3,1_3\u201d _builder_version=\u201c4.6.1\u201d _module_preset=\u201cdefault\u201d width=\u201c100%\u201d max_width=\u201c2307px\u201d max_\u200bwidth_\u200btablet=\u201d\u201d max_\u200bwidth_\u200bphone=\u201d\u201d max_width_last_edited=\u201con|phone\u201d custom_padding=\u201d|3vh||3vh|false|false\u201d][et_pb_column type=\u201c2_3\u201d _builder_version=\u201c4.6.1\u201d _module_preset=\u201cdefault\u201d][et_pb_text content_last_edited=\u201coff|desktop\u201d _builder_version=\u201c4.7.6\u201d _module_preset=\u201cdefault\u201d header_text_align=\u201cleft\u201d text_orientation=\u201cjustified\u201d background_layout=\u201cdark\u201d custom_margin=\u201d||||false|false\u201d]Metall\u00adtechnik Schmidt GmbH & Co. KG<\/strong> Imprint<\/a>. Data pro\u00adtection declaration<\/a><\/span><\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" GTC\u00adTerms and con\u00addi\u00adtions of sale, delivery and payment 1. Validity For all legal tran\u00adsac\u00adtions with us, the fol\u00adlowing terms of sale, delivery and payment apply exclu\u00adsively. Con\u00addi\u00adtions of the buyer which con\u00adtradict our con\u00addi\u00adtions are not binding for us, unless we expressly accept these con\u00addi\u00adtions in writing. 2. Written form All agree\u00adments must be [\u2026]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","wp_typography_post_enhancements_disabled":false},"yoast_head":"\n
b) If the purchase price is fixed in a foreign cur\u00adrency and a change in cur\u00adrency parity occurs between the con\u00adclusion of the purchase and payment, we shall be entitled to at least the amount cor\u00adre\u00adsponding to the purchase price in German cur\u00adrency at the time of con\u00adclusion of the contract.<\/p>\n
b) Within the delivery period we are entitled to make partial deliveries.<\/p>\n
<\/span>(b) If the quantity is marked with \u201capprox.\u201d or \u201cand the like\u201d, the buyer may not object to under- or over\u00adweights of up to 5%. The price depends on the quantity deli\u00advered.
<\/span>c) Custom-made pro\u00adducts will be recon\u00adciled to the desired quantity if pos\u00adsible. In this case, over- or under\u00adweights of more than 5% are per\u00admitted. The price depends on the quantity delivered.<\/span><\/p>\n
b) If the reduced value is not higher than 5% of the value of the goods, the buyer is only entitled to a reduction of the purchase price. In this case, however, we are also entitled to take back the goods and to imme\u00addiately deliver a repla\u00adcement at the agreed prices and con\u00addi\u00adtions. We shall bear any expenses incurred in this con\u00adnection.
c) If the reduced value is higher than 5%, we are entitled to clarify within a period of 3 business days after receipt of the noti\u00adfi\u00adcation of the reduced value whether we will imme\u00addiately make a repla\u00adcement delivery. If we do not make use of this right within this period, the buyer can aa) take over the goods with deduction of the reduced value or bb) demand can\u00adcel\u00adlation of the con\u00adtract. If the buyer demands can\u00adcel\u00adlation of the con\u00adtract, we are entitled to imme\u00addiately deliver a repla\u00adcement at the agreed prices and con\u00addi\u00adtions.
d) Further claims of the buyer, in par\u00adti\u00adcular for direct or indirect damages, are excluded.<\/p>\n
b) The buyer is obliged to store the goods belonging to us in separate, appro\u00adpriately marked batches.
c) The goods shall be insured against fire and other damages in the usual manner.
d) Dis\u00adposal of the deli\u00advered goods outside the ordinary course of business, e.g.pledging or transfer of ownership by way of chattel mor\u00adtgage is pro\u00adhi\u00adbited for the buyer until our total claim has been ful\u00adfilled.
e) The purchaser must inform us imme\u00addiately of any seizure of our goods.
f) The buyer is entitled to resell the goods in the ordinary course of business after full payment and to deliver them to his buyer. All claims which the buyer acquires from the resale or transfer of the deli\u00advered goods to third parties are, as long as we have claims against the buyer, assigned to us in advance to secure our claims. We are entitled at any time to demand a list of the goods deli\u00advered under retention of title and the claims arising from the resale. The list must contain the address of the third-party purchaser, the amount of the purchase price and the date of the purchase transaction.<\/p>\n
b) Non-con\u00adtractual use of the goods entitles us to claim damages or to withdraw from the contract.<\/p>\n
b) If the buyer is in default of payment, we can demand interest on arrears as we would have to pay if we had taken out a bank loan. Fur\u00adthermore, we are entitled to withhold further deli\u00adveries.
c) If changes occur in the buyer\u2019s cir\u00adcum\u00ads\u00adtances which affect his cre\u00addit\u00adwort\u00adhiness, we are entitled to demand that the buyer provide security for our claims.<\/p>\n
Schul\u00adstra\u00dfe 41, D\u201170794 Filderstadt
Phone: +49 711 779 907\u20130
Email: sales@ferrosad.com<\/a> ![\"Linkedin\"](\"https:\/\/ferrosad.com\/wp-content\/uploads\/2020\/09\/LinkedIn-1.png\")
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