Conclusion of Contract
The written order confirmations of Lungmuß Feuerfest in connection with these General Terms and Conditions of Delivery and Sale shall apply to all contracts.
Any terms and conditions of the Buyer which deviate from or conflict with the following shall not apply except where Lungmuß Feuerfest has expressly agreed to the same in writing. It shall not be necessary for the Seller to object to the terms and conditions of purchase of the Buyer
Quotations shall be made at net prices, exclusive of value-added tax, and shall be subject to change and non-binding. No contract shall come into effect unless confirmed in writing by Lungmuß Feuerfest. Verbal and subsidiary agreements require the Seller’s written confirmation.
Unless otherwise stipulated, shipping and packaging shall be carried out at the Buyer's expense.
Delivery and assumption of risk
Except where otherwise specified in the order confirmation, the place of fulfilment shall be the registered office of Lungmuß Feuerfest.
The risk of accidental loss and accidental deterioration of the goods shall be assumed by the Buyer upon transfer to the institution carrying out the transportation, including where means of transport belonging to the Seller are employed. If the transfer of the shipment is delayed for reasons attributable to the Buyer, the risk shall be transferred to the Buyer on the day when the goods are ready for shipping. Where the transport costs are accepted by the Seller, this shall not affect the transfer of risk.
Delivery dates and periods shall be non-binding, unless the Seller has agreed to them as binding explicitly and in writing.
Quality specifications and notifications of defects
Specifications regarding content percentages and mixing ratios for the individual products shall only constitute approximate averages. Deviations, which are unavoidable despite all care, are expressly reserved. Specimens shall only constitute average samples.
The Buyer shall be obliged to inspect the goods immediately after receipt. Only complaints made within 20 working days after delivery shall be considered.
Technical consulting services provided by Lungmuß Feuerfest shall be based on the applications communicated by the Buyer. No liability shall be accepted for any other application. The basis for all guarantees shall be the technical data sheets and the processing instructions.
Liability
The Seller shall be held liable in accordance with the statutory provisions, insofar as the Buyer asserts compensation claims based on intent or gross negligence. In the event of minor negligence, liability shall be limited to the reasonably foreseeable damage typical for a certain type of contract. Further claims shall be excluded.
Compensation claims asserted by the Buyer with regard to defects shall be subject to a statutory limitation period of one (1) year from the delivery of the goods.
Retention of title
The goods delivered by Lungmuß Feuerfest will remain the Seller’s property until the Buyer has fulfilled in full all obligations pertaining to the business relationship between the Parties. This shall also apply where purchase prices payable are posted to a current account, for as long as the Seller still has a credit. Where bills of exchange or cheques are accepted, the title to the goods shall only be transferred to the customer when these are redeemed. The Buyer undertakes to surrender the Seller’s property immediately if Lungmuß Feuerfest declares its withdrawal from the contract.
The goods shall not be pledged or assigned as security by the Buyer. The Buyer undertakes to inform the Seller immediately of any pledges, and to bear the resultant intervention costs. Where Lungmuß Feuerfest asserts its retention of title by recovering the corresponding goods, the Seller shall be entitled to sell the goods at its own discretion. The recovery shall take place at the value of the proceeds from the sale, at the most, however, at the agreed delivery prices.
Payment
Unless otherwise agreed, the Seller’s invoices shall be due for payment within 30 days starting from invoice date. Payments shall only be considered to have been made when Lungmuß Feuerfest has the amount due at its final disposal.
Final provisions
These Terms and Conditions and the entire legal relationship shall be governed by the law of the Federal Republic of Germany.
The exclusive legal venue is Dortmund. Lungmuß Feuerfest will, however, be entitled to assert its claims at the general place of jurisdiction of the Buyer. Should one or more provisions of these Terms and Conditions be ineffective, this shall not affect the effectiveness of the remaining provisions or arrangements.
Dated February 2019
