AGB | General Terms and Conditions NIRONIT Edelstahl GmbH & Co. KG

I. General, scope of application

1 These General Terms and Conditions ("GTC") apply exclusively to all our contracts, deliveries and services and consulting and other ancillary services. In the online store, the customer confirms the validity of the GTC before completing his order by clicking on the appropriate button. These GTC shall also apply to all future transactions, even if we do not expressly refer to them - in particular in the case of order - do not expressly refer. The acceptance of the goods delivered or processed by us or the acceptance of the service rendered by us shall in any case be deemed to be an acknowledgement of these General Terms and Conditions. Deviating agreements or supplements are only binding if they are confirmed by us in writing. confirmed by us in writing. Any conflicting terms and conditions of purchase of the customer shall have no validity, even if they are not expressly contradicted in writing.

These terms and conditions apply only to entrepreneurs within the meaning of § 14 BGB. The offer of our online shop is also aimed exclusively at entrepreneurs within the meaning of § 14 BGB. The use of the online shop is only possible after the customer has been activated by us. A sale to consumers in the sense of § 13 BGB does not take place.

II Offer, conclusion of contract, subject matter of contract

1 Our offers are subject to change. Cost estimates and consultations are generally non-binding. Verbal agreements must be made in writing to be valid. The documents belonging to the offer, such as illustrations, drawings, weights and dimensions, etc., are only approximate, unless they are expressly designated by us as binding. The offers with all attachments remain our property. They may not be made available to third parties without our express written consent and shall be to third parties without our express written consent and must be returned to us on request if a contract is not concluded. The customer is liable for all damages resulting from the disclosure to third parties for which he is responsible. For the online store the following shall apply: The presentation of the goods in the online store does not constitute a binding offer by us. binding offer by us. A binding offer for the conclusion of a purchase contract for the goods in the shopping cart of the customer's shopping cart by clicking on the button "Order for payment" which concludes the order process. "Order subject to payment". First, the customer places the selected goods in the shopping cart. In the step, the ordering process begins, in which all the data required for processing the order are entered. for the order processing are recorded. All the information entered is displayed to the customer and can be viewed and, if necessary and can be viewed and, if necessary, corrected before sending the order. A change can be made via the button "Remove" or "Change quantity" button. In addition, the customer can use the links of the individual data fields and the back function. At the end of the ordering process, a summary of the order and contract data appears. a summary of the order and contract data. In addition, the customer has to confirm the validity of these terms and conditions confirm. Only after confirming this data, the customer clicks on the button "Order with obligation to pay" the above-mentioned binding offer for the conclusion of a purchase contract for the goods in the shopping cart. We will immediately confirm the receipt of the order to the customer in text form (e-mail). text form (e-mail). This confirmation of receipt does not constitute an acceptance of the offer, but merely documents that the order has been received by us. The contract is only concluded with confirmation of order or shipment in text form or with the delivery of the goods. We are entitled to accept the contractual offer contained in the order within 5 working days. An acceptance if we deliver the ordered goods within this period. After the expiry of this the customer is no longer bound by his offer. Usually we inform the customer if we reject an offer. reject an offer.

2. in the case of payment in advance, the contract is concluded, in deviation from clause II.1, with the payment instruction by the customer. Condition for an effective conclusion of the contract is always that the order process is completed with the sending of the order. The conclusion of the contract is subject to the reservation that the goods are in stock or available.

If the quantity to be delivered is stated in the order confirmation as "circa", "kg eff. clause or if a deviation in quantity is customary in the trade and reasonable for the customer, a deviation within a tolerance of deviation within a tolerance of 10% is permissible and shall be deemed to be contractually agreed. The customer shall owe payment for the quantity actually delivered in the event of a corresponding deviation.

4. the object of the contract is exclusively the delivery item with the properties and features according to the the order confirmation or, in the case of an order in the online store, the description there. Public statements, public statements, recommendations or advertising shall not constitute a contractual description of the quality of the goods. Other other or more extensive properties or characteristics or a specific purpose of use are only agreed upon agreed if we expressly confirm this in writing.

5. commercial confirmation letters are sent electronically. A order confirmation letter in paper form can be provided upon written customer request.

(6) Declarations, assurances, collateral agreements and amendments to a contract shall only be effective if they have been confirmed by us in writing, if they have been confirmed by us in writing. The written form is equal to the electronic form.

The conclusion of the contract takes place for orders within the Federal Republic of Germany and Austria. in German language and in the other countries in English language.

If the customer orders the goods in the online store, the text of the contract (consisting of the customer's order, the customer's order, general terms and conditions and order confirmation) is stored by us in compliance with data protection and sent to the customer by e-mail.

III. prices

1. our prices are net ex works or ex warehouse without cash discount or any other discount and plus packaging, freight and insurance as well as sales tax, if applicable. The prices displayed in the prices shown in the online shop are net prices and do not include value added tax, unless otherwise otherwise stated. The sales tax is indicated separately in the online store.

2. the customer shall bear the costs of handing over the delivery item, its acceptance and its dispatch to a place to a place other than the place of performance. In the online store, the customer will be informed of the possible shipping methods and the packaging, shipping, freight and insurance costs incurred.

IV. Payment

1. payments are to be made within ten working days after invoicing without deduction to our payment office. made. In the online store, the customer has the payment methods displayed to him. These may vary from vary from customer to customer. If the customer is granted the payment on account and the customer chooses this chooses, sentence 1 shall apply accordingly.

2. the customer shall only be entitled to a right of set-off or a right of retention to the extent that its counterclaims counterclaims are undisputed or have been legally established.

3. the acceptance of checks and duly taxed bills of exchange requires a separate agreement and is agreement and shall be made exclusively on account of payment. Only the redemption is considered as payment. In the online shop this method of payment is not available.

4. any agreed discount or other deduction shall always relate only to the invoice value value of the invoice excluding packaging, freight and insurance and requires the full settlement of all due liabilities of the customer at the time of the discount.

5. if, after conclusion of the contract, it becomes apparent, in particular as a result of our credit insurer refusing to provide cover, that our insurer, that our claim to consideration from this or other contracts with the customer is endangered by the customer's lack of contracts with the customer is jeopardized by the customer's lack of ability to pay, we shall be entitled to the rights from the plea of uncertainty pursuant to § 321 BGB. We shall then also be entitled to demand payment of all unencumbered from the current business relationship with the customer and to issue an advance invoice in the amount of the full order value. the full value of the order.

6. if the payment dates are exceeded, we shall charge interest on arrears at the statutory rate and the lump sum according to § 288 para. 5 BGB. We reserve the right to claim further damages caused by delay.

The invoice shall be sent to the customer in text form (e-mail). A paper invoice can be provided upon written provided upon written request of the customer.

V. Delivery time

1. delivery times are valid from the day of the order confirmation, but only under the condition of the timely fulfillment of all obligations of the customer, e.g. provision of documents, approvals to be to be procured by the customer, the provision of letters of credit and guarantees or the payment of of down payments or, in the case of an agreement on advance payment, of payment in full. In the online shop the delivery times are indicated in each case with the commodity. These may vary from customer to customer.

2. the time of dispatch ex works or ex warehouse shall be decisive for compliance with delivery times. The delivery time shall be deemed to have been met upon notification of readiness for shipment, even if the the delivery item is not dispatched on time, provided that we are not responsible for this.

Our obligation to deliver is subject to correct and timely delivery to ourselves, unless we are responsible for the correct and timely self-delivery, unless the incorrect or delayed self-delivery is our fault. In the event of the delivery item is not available, we shall inform the customer immediately and, in the event of a and, in the event of withdrawal, immediately refund the corresponding consideration of the customer.

4. events of force majeure entitle us to postpone the delivery for the duration of the impediment and an appropriate and a reasonable start-up time. This shall also apply if such events occur during an existing delay. occur during an existing delay. Force majeure shall not be deemed to include sovereign measures, strikes and lockouts and other operational disruptions for which we are not responsible and which make the delivery delivery considerably more difficult or impossible. We shall notify the customer immediately of the occurrence of such an impediment. immediately. If the aforementioned event lasts longer than three months or if, due to the aforementioned event events, the performance of the contract becomes unreasonable for one of the contracting parties, that party may withdraw from the this party may withdraw from the contract.

VI. shipping/delivery conditions

1) If the customer requests shipment of the goods to a place other than the place of performance, the goods shall be shipped to the address shipment shall be made to the delivery address specified by the customer, namely by freight forwarder "free curbside i.e. to the public curb nearest to the delivery address, unless otherwise stated in the shipping information. shipping information states otherwise.

2. unless otherwise agreed, we deliver unpacked. If the customer requests packaging of the the delivery item, we shall pack it according to our experience and with due care at the customer's of the customer. If the customer has given special instructions as to the type of packaging or dispatch, we shall not be obliged to check their suitability.

The delivery item shall only be insured against transport damage at the request and expense of the customer. insured.

4. if we incur additional costs due to the provision of an incorrect delivery address or an incorrect addressee or due to other or due to other circumstances that lead to unsuccessful delivery, the customer shall reimburse these costs the customer shall reimburse these, unless the customer is not responsible for the incorrect information or the circumstances. The same shall apply in the event that the customer was temporarily prevented from accepting the performance delivery, unless we have given him reasonable advance notice of the delivery.

(5) If, at the request of the customer, we ship the delivery item to a place other than the place of place of performance, the risk shall pass to the customer as soon as we have delivered the delivery item to the forwarder, the carrier or other person designated to carry out the shipment. If the shipment is delayed due to circumstances for which the customer is responsible, the risk shall pass to the customer upon the notification of readiness for shipment to the customer.

VII Retention of title

1. all goods delivered shall remain our property (reserved goods) until all our claims have been fulfilled by the customer. claims by the customer, in particular also the respective balance claims which we are entitled to within the scope of the the business relationship in the case of a current account (retention of balance), and the claims to which we are unilaterally entitled by an insolvency administrator unilaterally by way of choice of performance. This shall also apply to future or conditional or conditional claims and also if payments are made for specially designated claims. The reservation of balance shall finally expire upon settlement of all claims still outstanding at the time of payment and which are and covered by this reservation of balance at the time of payment.

2. any processing or treatment of the goods subject to retention of title shall be carried out for us as manufacturer within the meaning of § 950 BGB, without obligating us from this. The processed goods shall be deemed to be goods subject to retention of title within the meaning of paragraph 1. 1. in the event of processing, combination or mixing of the reserved goods by the customer with other goods which do not goods not belonging to us, we shall be entitled to co-ownership of the new item in proportion to the invoice value of the reserved goods at the time of delivery. value of the reserved goods at the time of delivery to the value of the other goods used at the time of the processing. If the goods subject to retention of title are combined or mixed with other goods and if another is to be regarded as the main item within the meaning of § 947 of the German Civil Code (BGB), it is already agreed now that a in the ratio of the invoice value of the goods subject to retention of title to the value of the other goods used. value of the other items used and that the customer shall store the item for us free of charge. Our co-ownership rights shall be deemed to be goods subject to retention of title within the meaning of para. 1. in case of doubt shall be the invoice value thereof.

3. the customer may only sell our property in the ordinary course of business under his normal business conditions, provided that the claims from the resale are transferred to us in accordance with paragraph 5. are transferred to us. The customer shall not be entitled to dispose of the reserved goods in any other way.

The customer shall inform us immediately of any seizure or other impairment by third parties. inform us immediately. The customer shall bear all costs which are to be incurred for the cancellation of the seizure or for the return transport of the goods subject to retention of title, unless they are reimbursed by third parties.

The claims arising from the resale of the goods subject to retention of title, together with all collateral securities which the customer acquires for the claims, are already now assigned to us. They shall serve as security as security to the same extent as the reserved goods themselves. Assignment to third parties is not permitted. If the goods subject to retention of title are sold by the customer together with other goods not belonging to us, we shall be entitled to the claim from the resale. resale shall be assigned to us in the ratio of the invoice value of the reserved goods to the value of the other goods sold. value of the other goods sold. In the event of the sale of goods in which we have co-ownership shares in accordance with paragraph 2, a share corresponding to our co-ownership share shall be assigned to us. If the used by the customer for the performance of a contract for work and services, the claim arising from the contract for work and contract for work and services shall be assigned to us in advance to the same extent.

6. the customer is entitled to collect claims from the resale. The customer shall keep the collected amounts the customer shall keep them separately and pay them to us without delay. This collection authorization expires in the event of our revocation, but at the latest in the event of default in payment, non-redemption of a bill of exchange or in the event of an application for the opening of insolvency proceedings. We shall only make use of our right of revocation if, after the conclusion of the contract, it becomes apparent that our claim to counter-performance under this or other from this or other contracts with the customer is jeopardized by the customer's inability to perform. customer's lack of ability to pay. At our request, the customer shall be obliged to inform his customers of the of the assignment to us and to provide us with the documents and information required for collection. information required for collection.

(7) Upon revocation of the authorization to collect, the customer's right to resell and to process the resale as well as to process the reserved goods and to combine and mix them with other goods. with other goods. If the goods subject to retention of title are still at the customer's premises, the customer shall provide us with access to the goods. provide us with access to the goods.

8. if the realizable value of the securities existing for us exceeds the nominal value of our claims, including ancillary claims, by more than value of our claims, including ancillary claims, by more than 10%, we shall, at the customer's request customer's request, we shall release securities of our choice to this extent.

(9) The customer shall keep the goods subject to retention of title in safe custody for us. Upon request, we are to be provided with an inventory of the goods subject to retention of title at the place of storage and to provide sufficient identification of the goods subject to retention of title.

VIII. Contract work

1. in the case of contracts for subcontracting work, the specifications and execution regulations made in the order accepted by us shall be authoritative. Changes shall only be effective with our express consent in text form. declared in text form. Binding promises regarding the work result can generally not be made for technical reasons. cannot be made for technical reasons.

2. the customer shall ensure that the performance of the contract work by us in accordance with his specifications does not and foreign industrial property rights of third parties, in particular copyrights, patent rights, trademark rights or utility model rights. utility model rights, are infringed. If a third party asserts the infringement of a property right to which it is entitled rights to which he is entitled against us, the customer shall indemnify us upon first request against any claims asserted.

3. the customer shall provide us with the input material on which we are to carry out the commissioned at his own expense. The risk of loss or deterioration of the input material shall only material shall not pass to us until the material reaches our warehouse. The return transport to the customer to the customer or to a recipient named by the customer shall also be at the customer's expense and risk. We bear the risk only until handover to the carrier.

4. all information required for processing shall be enclosed with the input material provided to us. enclosed. These must correspond to the agreed conditions. If we detect a deviation from the agreed conditions, we shall be entitled to refuse to execute the order until it has been clarified with the customer which customer has been clarified, according to which information the order is to be executed.

(5) We shall only inspect the input material received from us with regard to the quantity. Any further inspection of incoming goods does not take place.

(6) We shall have a lien on the input material provided to us and on the workpieces produced by us therefrom. we are entitled to a lien. The lien shall serve to secure all claims to which we are entitled from the business relationship business relationship with the customer.

7. since material losses are to be expected in technical machining processes due to the process, specifications made by the customer with regard to the output quantity are only binding if we expressly confirm them in writing. expressly confirm them in writing. This confirmation usually takes the form of a declaration in which the quantity of input material accepted, the minimum quantity to be output and, if applicable, a price surcharge agreed for this. agreed price surcharge. The same shall also apply with regard to changes in the agreed quantities. Costs for changes shall in any case be borne by the customer. If such a confirmation has not been made, the customer may cannot assert any warranty claims against us due to material losses caused by the process and a resulting lower warranty claims against us.

8. if the input material provided by the customer is defective or if the material processed by us is not used by the customer according to its used by the customer in accordance with its properties, the customer may not assert any warranty or claims for damages against us.

9. the liability provisions of clause X. shall remain unaffected by all provisions of this clause VIII.

IX. Warranty

1. the rights of the customer in the event of a defect shall be governed by the following supplementary relevant statutory provisions.

In any case, a defect must be reported to us in writing before the warranty period expires. The customer customer shall immediately give us the opportunity to inspect the goods in question; upon request, the the goods complained of or a sample thereof at his own expense.

3. the following shall apply to purchase contracts for goods: In the event of a justified and timely notice of defects (§ 377 HGB) we shall, at our discretion, provide subsequent performance by repair or subsequent delivery. In all other respects the statutory provisions of §§ 437 et seq. BGB shall apply additionally. Claims based on the defect of a newly manufactured delivery item delivery item shall become statute-barred within one year from delivery. Claims due to the defect of a used of a used delivery item are excluded.

In the case of contract work, we provide a warranty in accordance with §§ 634 ff. BGB. Claims due to defects shall become statute-barred within one year from acceptance.

The liability regulations of the following section X. remain unaffected by all regulations of this section IX. unaffected.

X. Liability

Unless otherwise stipulated in these General Terms and Conditions, we shall be liable for damages only in the event of intent and gross negligence and culpable violation of essential contractual obligations. In all other respects liability for simple negligence is excluded. Essential are all contractual obligations, the fulfillment of which the proper performance of the contract in the first place and on the observance of which the contractual the contractual partner may regularly rely on. In case of culpable violation of essential contractual obligations contractual obligations, we shall be liable - except in cases of intent or gross negligence - only for the foreseeable damage foreseeable damage typical for the contract. The above limitations of liability shall not apply in the event of injury to life, body and health. Claims under the Product Liability Act shall remain unaffected. The above limitations of liability shall also apply in the event of negligence on the part of our legal representatives or vicarious agents.

XI. Data protection

In the following, we inform you about the collection of your personal data when concluding a business or contract. contract conclusions. This also applies to registrations with a customer account and conclusion of contracts via our our online store. With regard to the personal data of our business partners, we will comply with the data protection requirements, in particular the General Data Protection Regulation (DSGVO).

2. your personal data will be collected, stored, processed and used by us, provided that and as long as this is necessary for the execution of pre-contractual measures or the fulfillment of the respective contract is required. Any further collection, storage, processing and use of the personal data will only take place if required or permitted by law or if you have given us your express consent. have given us your express consent.

3. for the execution of pre-contractual measures and fulfillment of this contract is based on Art. 6 para. 1 lit. b) DSGVO the collection, processing and use of, among other things, your company name, contact person, address, contact data, and bank details (hereinafter referred to as "personal data"). "personal data"). When concluding a contract via our online store, registration with a customer account is customer account is required. For this purpose, in addition to the aforementioned personal data, an e-mail address is also an e-mail address is collected, stored and processed.

4. we are entitled - within the scope of what is legally permissible - to transfer this personal data to third companies, if and insofar as this is necessary for the implementation of pre-contractual measures and for the fulfillment of this agreement (such as shipping companies, invoicing) on the basis of Art. 6 para. 1 lit. b) DSGVO or to fulfill a legal obligation according to Art. 6 para. 1 lit c) DSGVO. is required.

5 You have the right, under the legal conditions, to request information from us at any time about your stored personal data. stored personal data relating to you at any time. You also have the right, under the legal conditions to demand the correction, blocking, restriction of processing and/or deletion or transfer of your data to a third party. If you have given us your consent to use your personal data, you can revoke this consent at any time with effect for the future. revoked. You also have the right to complain to a supervisory authority.

Your personal data will be deleted by us at the latest upon expiry of the statutory retention period. (§ 147 of the German Tax Code, § 257 of the German Commercial Code), i.e. after 10 years, beginning with the end of the year in which the contract is year in which the contract was fully executed or terminated.

For more information on the handling of personal data and the rights to which you are entitled, please refer to our privacy policy. you can find in our data protection information nironit.de/datenschutz.html.

8) For information, correction, deletion and blocking and to exercise the right of revocation or objection right of objection, please contact us as the responsible party: NIRONIT Edelstahl GmbH & Co. KG, Am Oheberg 8, 21224 Rosengarten, e-mail to datenschutz(at)nironit.de.

XII. Reference to product recommendations upon conclusion of the contract; right to object at any time

When you purchase goods or services from us, we take the liberty, within the scope of the legal requirements, to send information e-mails and product recommendations for our own similar goods and services services, if you have not objected to this. This also applies to product recommendations via our online store. The personal data we process for sending the information e-mails will not be e-mails will not be passed on to third parties and will only be used for sending the information the information e-mails. The legal basis for this is Art. 6 Para. 1 lit. f) DSGVO in conjunction with with § 7 para. 3 UWG. You can object to receiving the information e-mails with our product recommendations by e-mail at any time and unsubscribe via the separate link directly at the end of each information e-mail newsletter. Furthermore, you have the option to stop receiving the information e-mails by sending an e-mail to datenschutz(at)nironit.de. In doing so you will not incur any costs other than the transmission costs according to the prime rates.

XIII Export, value added tax

1. the customer owes us the statutory sales tax. The claiming of the tax exemption of a supply within the meaning of the UStG is linked to the existence of the legal requirements. If the conditions cannot be fulfilled due to a circumstance for which the customer is responsible, we are the agreed purchase price, we shall be entitled to charge value added tax at the statutory rate. charge.

2. the customer's obligations towards us include the transmission of the documentary proof required for export deliveries and intra-Community deliveries in the event of transport or dispatch by the customer (e.g. confirmation of arrival in the case of shipment by the customer (e.g. confirmation of arrival in the case of intra-Community deliveries) and the notification of a proper VAT identification number of the recipient required in the case of an intra-Community delivery VAT identification number of the customer.

XIV Final Provisions

(1) The place of performance for deliveries shall be the supplier's works in the case of ex-works deliveries and the warehouse in the case of ex-warehouse deliveries. the warehouse. The place of performance for services to be rendered under this contract other than delivery, in particular payment, shall be our registered office.

If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be our registered office. disputes arising from the contractual relationship. We are also entitled to take legal action at the customer's place of business.

(3) The contract shall be governed exclusively by German law to the exclusion of international private law. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.

Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. remaining provisions.

NIRONIT Stainless Steel GmbH & Co. KG

Status: June 2021

You can get our terms and conditions as a PDF file here!

NIRONIT
Edelstahl GmbH & Co. KG
Status: June 2021

AEB | General Conditions of Purchase of NIRONIT Edelstahl GmbH & Co. KG

I. General provisions, scope of application

1 These General Terms and Conditions of Purchase shall apply exclusively to all orders and contracts placed by the company NIRONIT Edelstahl GmbH & Co. KG - hereinafter referred to as NIRONIT - unless otherwise expressly expressly agreed otherwise. These terms and conditions shall also apply to all future transactions, even if NIRONIT does not expressly refer to them. Deviating terms and conditions of the contractor (supplier, seller - hereinafter referred to as the "Contractor") are hereby expressly contradicted. The unconditional acceptance of order confirmations or deliveries does not imply the acceptance of such conditions. Deviating agreements or supplements shall only be binding if confirmed by us in writing. they are confirmed by us in writing.

(2) These General Terms and Conditions of Purchase shall only apply to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB).

(3) With the first delivery under these Terms and Conditions of Purchase, the Contractor acknowledges their exclusive their exclusive validity also for all further orders.

II Offer, Conclusion of Contract, Confidentiality

1. orders and contracts are only binding if they are made in writing or confirmed in writing. confirmed in writing. Orders, delivery call-offs as well as changes and additions thereto may - upon prior written agreement - also be made by means of remote data transmission or machine-readable, whereby a confirmation at least in electronic form is necessary for the binding force. The above in sentences 1 and 2 shall also apply to verbal subsidiary agreements and amendments to the contract. The offer NIRONIT's offer to conclude a contract can only be accepted within a period of 14 days, unless otherwise agreed. otherwise agreed.

2. remuneration for visits or for the preparation of offers, projects, etc. shall not be granted.

3. the conclusion of the contract shall be treated confidentially. The Contractor may only refer to business connections with NIRONIT business connections with NIRONIT in advertising materials only with written consent.

4. the contractor undertakes to treat all commercial or technical details that are not public details that become known to him through the business relationship as business secrets. Subcontractors shall be obliged accordingly.

III. shipping

The contractor shall comply with the shipping instructions of NIRONIT and the forwarder or carrier. comply with them. The order and article numbers of NIRONIT shall be indicated in all shipping documents, letters and invoices. of NIRONIT shall be indicated.

The costs of transport, including packaging, insurance and all other ancillary costs, shall be borne by the contractor. ancillary costs, shall be borne by the Contractor, unless expressly agreed otherwise.

Transport to the place of performance shall be at the Contractor's risk.

IV. Prices and terms of payment

1) Agreed prices are maximum prices; price reductions in the period between ordering and payment of the NIRONIT shall benefit from price reductions in the period between the order and the payment of the invoice.

Invoices are to be issued immediately after shipment of the goods, stating the order and article number. issued. The sales tax is to be shown separately.

Payment shall be made subject to proper delivery and correctness of price and calculation. and arithmetical correctness. If a defect subject to warranty is detected, NIRONIT shall be entitled to withhold payment payment until the warranty obligation has been fulfilled.

4. payment shall be made in the customary manner, either within 14 calendar days with a 3 % discount or after 30 calendar days net, calculated after delivery/service and receipt of invoice.

V. Value added tax

(1) NIRONIT shall not be liable for any sales tax shown separately in the invoice issued to NIRONIT. unless this is a sales tax owed by law (within the meaning of the UStG/the sales tax provisions). UStG/the sales tax regulations).

2. if it becomes apparent to NIRONIT at a later point in time that a separately stated value added tax tax was not legally owed (e.g. due to an incorrect or unjustified tax statement), the supplier shall tax), the supplier shall be obliged to compensate NIRONIT for the resulting tax damage, including any possible tax damage, including any ancillary tax payments.

VI. delivery periods, delivery dates

1. the delivery periods or dates stated in orders are binding and shall be understood to be arriving at the place of performance.

If it is not possible to meet a deadline, NIRONIT must be notified immediately in writing, stating the reason and the expected in writing, stating the reason and the expected duration of the delay.

3. NIRONIT shall be entitled to refuse acceptance of goods that are not delivered on the delivery date delivery date specified in the order, and to return them to the contractor at the contractor's risk and or to store them with third parties.

The Contractor shall be obliged to compensate NIRONIT for any and all direct and indirect and indirect damages caused by delay, provided that the Contractor is responsible for the occurrence of such damages.

(5) The Contractor may only invoke the absence of necessary documents to be supplied by NIRONIT, if the Contractor has documents to be supplied by NIRONIT only if the Contractor has sent a written reminder for them and they have not been made available to him within a reasonable period of time.

6. a reservation of self-delivery in favor of the contractor is excluded.

Force majeure shall release the contracting parties from their performance obligations for the duration of the disruption and to the extent of its effect. the performance obligations. This shall also apply if such events occur during an existing delay. occur. Force majeure shall include sovereign measures, strikes and lockouts and other operational disruptions for which we are not and other operational disruptions for which we are not responsible, which make performance considerably more difficult or impossible. make. The contracting parties shall be obliged to provide the necessary information without delay within the scope of what is and to adjust their obligations to the changed circumstances in good faith. good faith. NIRONIT shall be released from the obligation to accept the ordered delivery/service in whole or in part and shall be and shall be entitled to withdraw from the contract if the delivery/service cannot be carried out due to NIRONIT due to the delay caused by force majeure, strike or lockout - taking into account NIRONIT - taking into account economic aspects - is no longer able to utilize the delivery/service. NIRONIT and the NIRONIT and the Contractor shall be entitled to withdraw from the contract if the event lasts longer than three months.

8. in case of early delivery, NIRONIT reserves the right to return the goods at the Contractor's expense. If no return is made in the event of early delivery, the goods shall be stored at NIRONIT until the delivery date at the at the expense and risk of the Contractor. In the event of early delivery, NIRONIT reserves the right not to make payment payment only on the agreed due date.

9. NIRONIT accepts partial deliveries only upon express agreement. In the case of agreed agreed partial shipments, the remaining quantity shall be listed.

10. in the event that, due to delays in delivery of whatever nature and origin NIRONIT is unable to meet its obligations to its own customers/buyers, or is unable to do so in a timely manner. purchasers, the Supplier shall, if he is responsible for the delay, indemnify NIRONIT from any and all purchasers from any claims for damages, reductions and any other legal disadvantages, in particular in the event that NIRONIT is legal disadvantages, in particular in the event of loss of profit or loss of production.

VII Warranty

1 The Contractor warrants that the goods comply with the specifications submitted, the relevant standards, the regulations and guidelines of authorities, professional associations and trade associations and the state of the art. state of the art. If the Contractor has any reservations about this desired type of execution, he shall inform NIRONIT in writing without delay.

If the purchase is a commercial transaction for NIRONIT and the Contractor, NIRONIT shall notify the Contractor of defects in the goods immediately after their Contractor immediately after their discovery, at the latest within five working days. This This shall apply both to obvious and to hidden defects. In the event of a complaint the contractor may be charged with the costs of the inspection.

For dimensions, weights and quantities of a delivery, the values determined during the incoming goods inspection shall be binding. values determined during the incoming goods inspection are binding.

4. in the event of an agreed contractual penalty for delay in delivery, the claim to contractual penalty shall remain shall be retained even if it is not expressly asserted upon acceptance of the delivery. Further claims shall likewise remain valid without special reservation upon acceptance.

The warranty obligation of the Contractor shall be governed by the statutory provisions, unless otherwise stipulated below.

The warranty period shall be at least 24 months from delivery at the place of performance. If the statutory warranty period is longer, it shall apply.

7. in the event of defective delivery, the Contractor shall, at NIRONIT's discretion, provide subsequent performance in the form of rectification of defects or subsequent delivery. In urgent cases, NIRONIT shall also be entitled - after consultation with the NIRONIT - after consultation with the Contractor - shall also be entitled to remedy the defects itself or to have the defects remedied by a third party or to procure a replacement elsewhere. The same applies if the contractor is in default with the fulfillment of his warranty obligations. default. If, in accordance with the statistical test procedure specified in the order, the exceeding of the the order, NIRONIT shall be entitled to claim for defects in respect of the entire delivery or to procure the entire delivery or to inspect the entire delivery at the Contractor's expense after prior consultation with the the entire delivery at the expense of the Contractor after prior consultation with the Contractor.

8. the contractor shall be liable for replacement deliveries and rectification work to the same extent as for the original delivery item. the original delivery item, i.e. also for transport, travel and labor costs, without limitation to this. The warranty period for replacement deliveries shall commence at the earliest on the date of arrival of the replacement delivery. replacement delivery.

9. within the scope of its obligation to pay damages, the Contractor shall indemnify NIRONIT upon first NIRONIT from all claims by third parties on account of defects, infringement of third party intellectual third parties or product damage to his delivery due to his share of responsibility.

10. the contractor is obliged to reimburse reasonable costs for a recall action due to product liability law. A notification for a statement will be sent to the Contractor by NIRONIT as soon as possible. The contractor assures the existence of an adequate product liability insurance.

VIII Retention of title

NIRONIT only recognizes any simple reservation of title by the Contractor to goods of the NIRONIT only recognizes any simple retention of title by the Contractor to the Contractor's goods stored with it, insofar as NIRONIT has not already become the owner of these goods by processing, combining or mixing, connection or mixing. The assignment of NIRONIT's claims arising from the resale of these goods to the Contractor shall be excluded. the resale of these goods to the Contractor (so-called extended retention of title). retention of title).

IX. Liability

(1) Unless otherwise provided for in these Terms and Conditions of Purchase, NIRONIT shall be liable for damages damages only in case of intent or gross negligence as well as in case of culpable violation of essential contractual obligations; in all other respects, liability for ordinary negligence is excluded. Essential are contractual obligations the performance of which is essential for the proper execution of the contract and compliance with which the other party and on the observance of which the contractual partner may regularly rely. In case of culpable NIRONIT shall be liable - except in cases of intent or gross negligence - only for the gross negligence - only for the foreseeable damage typical for the contract.

The above limitations of liability shall not apply in the event of injury to life, limb or health. Claims under the Product Liability Act remain unaffected.

The above limitations of liability shall also apply in the event of negligence on the part of NIRONIT's legal representatives or vicarious agents of NIRONIT.

X. Set-off and assignment

The Contractor shall only be entitled to set off claims that are undisputed or have become res judicata. set-off. NIRONIT shall be entitled to offset all claims against the Contractor without any limitation. limitation.

The assignment of claims against NIRONIT shall only be effective with the written consent of NIRONIT.

XI. Information and documents provided

Drawings, designs, samples, manufacturing specifications, internal company data, tools, equipment etc., which we have provided to the contractor for the purpose of submitting an offer or executing an order, remain our property. They may not be used for other purposes, duplicated or made accessible to third made accessible to third parties and must be stored with the care of a prudent businessman. After After termination of the order, they must be returned to NIRONIT without request.

XII Industrial property rights of third parties

The Contractor warrants that the rights of third parties do not conflict with the intended use of the purchased goods. in particular that the property rights of third parties are not infringed. If NIRONIT nevertheless rights of third parties, such as copyrights, patents and other intellectual property rights, the patent and other industrial property rights, the Supplier shall indemnify NIRONIT against such claims and against any related performance in connection therewith. NIRONIT shall be entitled, at the expense of the Contractor, to obtain the NIRONIT is entitled to obtain permission to use the goods and services in question from the entitled party at the expense of the Contractor.

XIII Data protection

In the following, we inform you about the collection of your personal data when concluding a business or contract. conclusion of contracts. With regard to the personal data of our business partners, the data protection data protection requirements, in particular the General Data Protection Regulation (DSGVO).

2. your personal data will be collected, stored, processed and used by us, provided that and as long as this is necessary for the execution of pre-contractual measures or the fulfillment of the contract. is necessary. Any further collection, storage, processing and use of the personal data will only take place if this is required or permitted by law or if you have given us your express have given us your express consent.

3. for the execution of pre-contractual measures and fulfillment of this contract is based on Art. 6 para. 1 lit. b) DSGVO the collection, processing and use of, among other things, your company name, contact person, address, contact data, and bank details (hereinafter referred to as "personal data"). "personal data").

4. we are entitled - within the scope of what is legally permissible - to transfer this personal data to third companies, if and insofar as this is necessary for the implementation of pre-contractual measures and for the fulfillment of this agreement (such as shipping companies, invoicing) on the basis of Art. 6 para. 1 lit. b) DSGVO or to fulfill a legal obligation according to Art. 6 para. 1 lit c) DSGVO. is required.

5 You have the right, under the legal conditions, to request information from us at any time about your stored personal data. stored personal data relating to you at any time. You also have the right, under the legal conditions to demand the correction, blocking, restriction of processing and/or deletion or transfer of your data to a third party. If you have given us your consent to use your personal data, you can revoke this consent at any time with effect for the future. revoked. You also have the right to complain to a supervisory authority.

Your personal data will be deleted by us at the latest upon expiry of the statutory retention period. (Section 147 (3) of the German Fiscal Code), i.e. after 10 years, beginning with the end of the year in which the contract is the contract was fully executed or amended.

For more information on the handling of personal data and the rights to which you are entitled, please refer to our privacy policy. you can find in our privacy policy (LINK).

8) For information, correction, deletion and blocking and to exercise the right of revocation or objection right of objection, please contact us as the responsible party: NIRONIT Edelstahl GmbH & Co. KG, Am Oheberg 8, 21224 Rosengarten, email to datenschutz@NIRONIT.de.

XIV Final Provisions

Should individual provisions of these General Terms and Conditions of Purchase be or become null and void, the remaining provisions shall remain valid. the remaining terms and conditions shall remain effective.

(2) Unless expressly agreed otherwise, the place of performance for the delivery obligation is the delivery obligation shall be the shipping address or place of use requested by us; for all other For all other obligations of both parties, the place of performance shall be 28199 Bremen.

3. if the contractor ceases to make payments or if insolvency proceedings are instituted against his assets or if a or out-of-court composition proceedings are applied for, we shall be entitled to withdraw from the contract. withdraw from the contract.

The language of the contract shall be German. If the contracting parties use another language in addition to the language, the German wording shall take precedence.

If the Contractor is a merchant, the place of jurisdiction for all disputes arising from the contractual relationship shall be the registered disputes arising from the contractual relationship shall be the registered office of NIRONIT. NIRONIT shall also be entitled to take legal action at the Contractor's s registered office.

(6) The contract shall be governed exclusively by German law. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.

You can get our AEB as a PDF file here!

NIRONIT
Edelstahl GmbH & Co. KG
Status: August 2021

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