General Terms and Conditions of Köttgen Service GmbH

1. General information, scope of application

1.1. We provide services for our business partners ("customers") exclusively in accordance with these General Terms and Conditions ("GTC"). We order goods and/or the delivery of movable items on the basis of our terms and conditions of purchase.
1.2. Any deviating, conflicting or supplementary contractual terms and conditions of the customer shall only apply if we have expressly agreed to them in writing. Orders placed by the customer with reference to contractual terms and conditions are hereby expressly rejected. Our GTC shall also apply if we perform services for the customer without reservation in the knowledge of deviating, conflicting or supplementary contractual terms and conditions of the customer.
1.3. Our General Terms and Conditions shall also apply to future contracts with the same customer without us having to refer to them again in each individual case.
1.4. Individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these General Terms and Conditions. Subject to proof to the contrary, a written contract or our written confirmation shall be decisive for the content of such agreements.
1.5. If assembly conditions are attached to the order documents, these shall form an integral part of the contract.
1.6. Our General Terms and Conditions apply only to entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law or special funds under public law.

2. Offers/offer documents/calculation bases

2.1. Our offers are subject to change. The contract requires our written confirmation of the customer's orders in order to be valid.
2.2. We can accept the customer's order within four weeks.
2.3. We reserve the property rights and copyrights to the copyrightable illustrations, drawings, calculations and other documents prepared by us. This also applies if the documents have been handed over to the customer for any reason whatsoever. They must be returned on request and may not be made accessible to third parties without our written consent. Reproductions and imitations are not permitted.
2.4. We expressly reserve the right to make minor deviations from the information contained in the documents belonging to the offer, provided that these do not permanently impair the function of the agreed service.
2.5. Unless otherwise specified, our shelving is calculated on the basis of the following regulations and standards:
- Eurocode Parts 0, 1, 3, 5, 7 and 8
- DIN EN 15512 Fixed steel shelving
- DG UV Shelving 108-007 Storage facilities and equipment (previously BGR 234)

3. Prices

3.1. Our prices are "ex works", excluding packaging. Packaging is charged separately.
3.2. We reserve the right to change our prices appropriately if, after conclusion of the contract, cost increases or reductions occur for which we are not responsible, in particular due to material costs, increases in raw material prices, auxiliary material prices, wages and salaries, freight or public charges. We will provide the customer with evidence of these cost changes upon request.
3.3. Statutory value added tax is not included in our prices. It will be shown separately on the invoice at the statutory rate applicable at the time of invoicing.
3.4. All customs duties, fees, taxes and other public charges shall be borne by the buyer, even if they are incurred outside Germany.
3.5. Currency fluctuations shall be borne entirely by the customer; the agreed prices in euros shall remain unaffected by currency fluctuations in relation to our customers' currency.

4. Terms of payment/offsetting

4.1. Payments for goods and ancillary services must be made in full in cash within 10 days of receipt of the invoice.
4.2. If, after conclusion of the contract, we become aware of circumstances which, in our reasonable commercial judgement, justify reasonable doubts about the customer's creditworthiness, for example the initiation of insolvency proceedings, signs of imminent cessation of payments (non-compliance with payment terms, etc.), our claims shall become due immediately, irrespective of the term of any bills of exchange accepted or credited or payment terms granted. In this case, we shall also be entitled to make outstanding deliveries only against advance payment or security.
4.3. All payments shall be made in euros. If prices in other currencies are stated in our offer, the official euro exchange rate of the Frankfurt am Main currency exchange (12:00 noon CET) on the day on which we issue the written order confirmation shall be used as the basis for conversion.
4.4. The submission of bills of exchange and cheques requires our consent. If payment by bill of exchange or cheque has been agreed, we shall only accept the bill of exchange or cheque on account of performance; bill of exchange charges and costs as well as the risk of timely presentation and protest shall be borne by the customer.
4.5. In the event of default in payment, we shall be entitled, without prejudice to our other rights, to withhold any deliveries already ordered or any work already promised until all claims have been settled in full.
4.6. The customer is only entitled to offset claims in the event of written consent or legally established or undisputed claims. Furthermore, the customer is only authorised to exercise rights of retention insofar as their counterclaim is based on the same contractual relationship.
4.7. If partial deliveries have been agreed, the customer is obliged to make partial payments on request in the amount corresponding to the value of the partial delivery in relation to the total delivery.

5. Delivery time/delay/liability

5.1. If the performance of our services requires the customer's cooperation, such as obtaining official approvals, end-use declarations, import licences, import certificates, import licences, the release of drawings, etc., the delivery periods specified by us shall only commence once the customer has duly fulfilled all of its obligations and duties in this regard.
5.2. If the customer is in default of acceptance or violates its obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. Any special services required in this respect shall be invoiced to the customer on the basis of hourly rates. We reserve the right to assert further claims. For the period of default in acceptance and breach of existing obligations to cooperate, the customer is obliged to store goods already delivered at its own expense and risk until we have rendered the entire service.
5.3. If delivery dates are specified as "approximate dates" in the order documents, we shall be entitled to exceed the specified dates by a maximum of two weeks. If we exercise this right, we shall notify the customer as early as possible. All subsequent contractual deadlines shall be extended accordingly.
5.4. Our delivery times do not take into account delays in cross-border transport and deliveries. Should delays occur at border crossings (e.g. due to customs declarations and clearance, traffic jams or queues due to customs declarations and clearance, border closures or similar), these delays shall be borne by the customer and shall extend the delivery periods accordingly.