Validity of the terms and conditions:
We accept all orders only on our terms of delivery and payment. The customer expressly recognises this with his order, even if the exclusive validity of any purchase or contract conditions is stipulated in the order document or contract as a form. Deviations from these terms and conditions, in particular verbal promises, require our express written confirmation to become effective.
Offers and conclusion of contract:
Offers are subject to change and only become effective through our written confirmation based on the following conditions. Verbal agreements require the written confirmation of the supplier. We reserve unrestricted copyright exploitation rights to cost estimates, drawings and other documents; they may not be made accessible to third parties, any duplication and storage on data carriers by the customer is not permitted. Drawings and other documents pertaining to offers must be returned to us immediately upon request if the order is not placed with us. If the industrial property rights of third parties are infringed when the goods are manufactured according to drawings, samples or other information provided by the customer, the customer shall indemnify us against all claims. The contract shall be deemed concluded when it is signed by both parties or the seller declares acceptance of the order in writing or the seller accepts advance payments on the purchase price. Separate regulations shall apply to online transactions, in particular with regard to the purchaser's right of revocation and return of goods within the meaning of §13 of the German Civil Code (BGB).
All offers, prices and delivery times are subject to change. The pricing is based on the material, wage and freight costs applicable at the time the offer is made. If the delivery or service is to take place 4 months after conclusion of the contract or later, and if changes occur in this respect, we reserve the right to adjust prices accordingly. Prior written consent is required in any case for the cancellation of an order. Cancellation charges may be levied.
Shipping, shipping costs:
The prices quoted by us are in all cases quoted from our Wetter and/or Olpe warehouses, excluding freight and packaging. The choice of transport route and means of transport shall be made by the supplier. Shipment shall be at the expense of the buyer, unless otherwise agreed.
Delivery shall be ex works exclusively on our terms of delivery. Partial deliveries are permissible unless otherwise agreed. Information on delivery times is non-binding, but will be observed with the utmost care, but not guaranteed. Orders can only be changed insofar as the goods are in stock. If, at the time of notification of the change, the goods have already been manufactured, so that we are unlikely to be able to use them for any other purpose in the short term, the original order must remain in force, or the purchaser must pay the agreed or requested price. Unforeseen events which are beyond the control of AOS Stahl shall extend the delivery time appropriately. This also applies to strikes, lock-outs, shortage of materials, machine breakdowns and other unforeseen operational disruptions, delays in transport, etc. As a matter of principle, exceeding the delivery periods does not justify any claims for damages or the right to withdraw from the contract.
Invoice amounts are generally due net 8 days after the invoice date without deduction, unless otherwise agreed. In the event of non-compliance with the payment deadline, the buyer shall be in default without a reminder. In this case we will charge reminder fees and default interest since the due date, unless AOS Stahl can claim higher damages. If deliveries ready for dispatch are not accepted on the previously agreed date for reasons for which we are not responsible, the date of notification of readiness for dispatch shall be deemed the cut-off date for invoicing. If the goods are not accepted after a newly agreed delivery date, we shall be entitled to invoice storage costs or to claim damages for non-performance. Without prejudice to the possibility of claiming higher actual damages, the seller may claim 25% of the purchase price as compensation. The seller may offset the claim for damages against a down payment made by the buyer. The retention or offsetting of payments with regard to any counterclaims of the buyer is not permitted unless they have been acknowledged in writing by AOS Stahl or have been legally established. However, the rights according to § 320 BGB remain unaffected as long as and insofar as AOS Stahl has not fulfilled its warranty obligations. In the case of online transactions, payment can be made either in advance, cash on delivery, PayPal or in cash/EC card on collection by the customer. If, after the conclusion of the contract or after a declaration of intent by AOS Stahl aimed at the conclusion of the contract, a significant deterioration of the financial situation occurs (e.g. cheque protests), we can demand security or advance payment for all services and deliveries still to be carried out under the contract or the same legal relationship according to §§ 273 and 321 BGB (German Civil Code) at the discretion of AOS Stahl. If the customer does not comply with this demand, AOS Stahl may withdraw from the contract or, after setting a deadline, demand compensation for damages in the case of custom-made products.
Retention of title:
The goods remain our property until full payment has been made. If the buyer is a retailer or an industrial company, or belongs to a similar group of buyers, he is entitled to process or sell the delivered goods subject to retention of title in the ordinary course of business, as long as he is not in default vis-à-vis us. This is done on behalf of AOS Stahl so that the goods remain the property of AOS Stahl to the exclusion of the consequences of § 950 BGB (German Civil Code) in any state of processing and also as finished goods. In this case, the customer hereby assigns to us all claims against his customers arising from the sale, including all rights, until all our claims have been settled in full. We accept this assignment. A buyer who is not a customer in the sense of the above-mentioned group may not sell the reserved goods for the duration of the reservation of title. Goods subject to retention of title may not be assigned or pledged as security for the duration of the retention of title. The buyer undertakes to take care of the goods subject to retention of title with the care customary in sales and to protect or insure them against damage of any kind, as well as theft, etc.. The owners of the goods subject to retention of title are obliged to inform us immediately, handing over the documents required for an
intervention, about enforcement measures of third parties on the goods subject to retention of title or on the claims assigned in advance. The costs of the intervention shall be borne by the buyer.
Complaints and warranties:
We reserve the right to make customary deviations in quality, colour and design. These shall not entitle the customer to give notice of defects. If the defects become apparent during processing, the processing must be stopped immediately and we must be informed immediately in writing. Irrespective of this, warranty claims shall be excluded in the case of defects caused by the buyer or third parties through their own fault, e.g. in the case of unsuitable or improper use, faulty assembly or commissioning by the buyer or third parties, natural wear and tear, faulty or negligent handling, excessive stress, replacement materials, defective foundation soil, unless the defects are attributable to our fault. For defects of the goods delivered by AOS Stahl or offered in the warehouse, AOS Stahl is liable under exclusion of further claims as follows: The buyer is obliged to grant AOS Stahl sufficient time to determine the alleged defect. Withdrawal from the contract is excluded, unless a replacement delivery cannot be made. Further claims of the buyer, in particular for damages, are excluded. In the case of consumer transactions, § 439 remains unaffected. Warranty claims shall become statute-barred after 24 months in accordance with the statutory provisions. If the customer is an entrepreneur, the limitation period for warranty claims is one year.
Place of performance and jurisdiction:
The place of performance for deliveries and payments for both parties is Wetter/Ruhr, provided the customer is a merchant. The legal relationship is subject to German law. The application of the UN Convention on Contracts for the International Sale of Goods or other uniform laws is excluded. The same shall also apply if the customer is domiciled abroad and/or an export transaction is involved. Should individual parts of the above terms and conditions be or become invalid, the remaining parts shall remain valid. Instead of an invalid determination, a valid determination which comes as close as possible to the economic purpose shall be deemed to have been agreed.
AOS Stahl GmbH & Co. KG – An der Knorr-Bremse 5 – 58300 Wetter/Ruhr
An der Knorr-Bremse 5
D-58300 Wetter (Ruhr)
Phone: +49 2335 8873-1100
Fax: +49 2335 8873-2100
Mo- Fr: 8:00h-16:00h