Terms and Conditions
General Terms and Conditions of Horst Belding GmbH
Our general terms and conditions apply exclusively to the entire business relationship and individual deliveries. Any differing terms and conditions of our customers are not binding for us, even if we do not expressly object to them. Our terms and conditions also apply to all future contracts, even if we do not expressly refer to them.
I. Conclusion and content of the contract
1. The contract is concluded by our written order confirmation or by handing over the goods. Previous offers are subject to change and non-binding.
2. The descriptions, diagrams and illustrations etc. contained in catalogues, price lists, the homepage or other advertising material are intended only to give a general idea of the goods described therein. They do not constitute a guarantee or assurance or description of the quality of the goods, unless we expressly confirm this in writing.
3. Minor deviations from the quality specifications confirmed in writing are deemed to be approved provided they are reasonable for the customer.
4. Any subsidiary agreements, additions or changes to the contract require our written confirmation.
II. Prices, payment terms
1. The price we quote is a net price unless it is expressly stated as a gross price. The customer is also liable for VAT at the legally stipulated rate and, if applicable, shipping costs. Prices only refer to the number of items specified.
2. We are entitled to increase the price of goods that are to be delivered later than 6 months after the conclusion of the contract to the extent that this is also due to changes in material prices, wages, exchange rates, taxes, customs duties and other costs. If the price increases by more than 5%, the customer can withdraw from the contract.
3. Unless otherwise agreed, our invoices are payable without any deductions before dispatch/collection of the goods. The place of performance is our headquarters in Schiffweiler.
4. The customer can only exercise a right of retention for counterclaims that are based on the same contractual relationship and are either legally established or recognized by us. In ongoing business relationships, each individual order is considered a separate contractual relationship. Offsetting against our claims is only permitted with claims that are legally established or undisputed by us. The consumer’s right to exercise a right of retention remains unaffected.
III. Delivery, transfer of risk
1. We deliver the goods in standard commercial design/quality. We are entitled to make partial deliveries as long as this is reasonable for the customer.
2. Confirmations of delivery dates are subject to change. Confirmation is always subject to our timely delivery. Any deviations will only apply if we expressly confirm this in writing.
3. Compliance with such a deadline requires that all technical and commercial questions have been clarified by the parties and that the customer has fulfilled all obligations to cooperate. If the customer defaults, the delivery period will be extended accordingly.
4. The deadline is deemed to have been met if the ready-to-use consignment has been dispatched or picked up within the agreed delivery or service period. If delivery is delayed for reasons for which the customer is responsible, the deadline is met with our notification of readiness for dispatch.
5. If non-compliance with the delivery or service deadline can be proven to be due to mobilization, war, riot, strike, lockout or any other event beyond our control, the delivery period shall be extended. We will notify the beginning and expected end of these circumstances as soon as possible. The statutory provisions on withdrawal in the event of unreasonableness for the customer remain unaffected.
6. If we are responsible for the delay, the customer can – provided he can credibly demonstrate that he has suffered damage as a result of the delay – demand compensation for delay of 0.5% for each completed week of delay up to a maximum of 5% of the value of that part of the delivery which cannot be used on time or in accordance with the contract as a result of the delay. The customer is only entitled to withdraw from the contract due to non-compliance with a delivery deadline if he has given us a reasonable grace period in writing after the delivery deadline has expired.
7. The risk of damage or loss of the goods passes to the customer when they leave the warehouse.
IV. Warranty
1. The existence of a defect must be reported to us in writing immediately – but no later than within two weeks. We are entitled to inspect the alleged defect. If the customer refuses to inspect, we are released from our warranty obligation.
2. If a defect actually exists, we are initially entitled to repair or replace the goods at our discretion. Only after two failed attempts is the customer entitled to withdraw from the contract or demand a reduction in price. The parties agree that parts removed as part of a repair become our property.
3. In particular, we do not accept any liability for the following actions by the customer: unsuitable or improper use, incorrect assembly, incorrect storage, natural wear and tear, incorrect maintenance, unsuitable operating materials and chemical, electrochemical or electrical influences, insofar as we are not responsible for them. The warranty is also excluded for damages that are based on failure to follow our instructions or advice or failure to follow operating or maintenance instructions. We are also not liable for improper repairs or modifications/dismantling of the goods by the customer or by a third party commissioned by them.
4. The costs of subsequent performance due to an unjustified defect shall be borne by the customer.
V. Disclaimer of liability
For damage that is not caused by the delivered goods, we are only liable – for whatever legal reasons – in the event of intent, gross negligence on the part of the owner or the company’s bodies or senior employees and in the event of culpable injury to life, body or health. The exclusion does not apply to defects that we fraudulently concealed or whose presence we expressly guaranteed in writing. Claims under the Product Liability Act remain unaffected. In the event of culpable breach of essential contractual obligations (so-called cardinal obligations), we are liable even in the event of gross negligence on the part of non-senior employees and in the event of slight negligence. In the latter case, if the customer is an entrepreneur, liability is limited to the damage that is typical for the contract and can be reasonably foreseen. Further claims are excluded. Items stored by us and provided by the customer must be insured by the owner himself using external insurance.
VI. Limitation period
The customer’s warranty claims expire 12 months after delivery of the goods. The statutory time limits apply for intentional or fraudulent conduct and for claims under the Product Liability Act. If the customer is a consumer the statutory provisions remain unaffected.
VII. Retention of title
1. All deliveries are subject to retention of title. Ownership of the goods is only transferred to the customer upon full payment of all liabilities arising from the business relationship.
2. The customer is not entitled to pledge the goods before the transfer of ownership or to transfer them as security or to process or modify them. The customer, who is an entrepreneur, may only resell the delivered goods in the ordinary course of business. In the event of resale, he hereby assigns to us all claims against the buyer arising from this in full as security for the purchase price claim. The customer is authorized to collect the claim in our name; this authorization is freely revocable. After revocation, we are entitled to notify the customer’s buyer of the assignment and to collect the claim ourselves. The customer is obliged to provide us with full information about the resale and the buyer. The customer is obliged, at our request, to inform the buyers or other third parties of our retention of title and, if applicable, of the assignment.
3. Should the value of the goods subject to retention of title or the assigned claims of the customer exceed our claims against him by more than 20%, we will release the excess securities at our discretion upon request.
4. The customer must inform us immediately in writing of any seizures or other enforcement measures affecting the assigned claims or the reserved property so that we can initiate appropriate legal steps in a timely manner.
VIII. Resignation
We are entitled to withdraw from the contract for good cause. Good cause includes, in particular, the customer’s default in payment, his financial decline, his cessation of business, the filing of insolvency or composition proceedings regarding the customer’s assets or the receipt of unfavorable information about the customer (e.g. regarding late payment). The statutory provisions on withdrawal remain unaffected.
IX. Place of performance, jurisdiction, applicable law
1. Schiffweiler shall be the place of performance for all obligations arising from the contract.
2. The place of jurisdiction for natural and legal persons who, when concluding the contract, are acting in the exercise of their commercial or independent professional activity (companies), legal entities under public law or a special fund under public law for all disputes arising from the contract is 66564 Ottweiler.
3. The legal relationships between the parties are governed exclusively by German law. The application of the uniform sales laws and the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
4. Should any provision of these Terms and Conditions be invalid, unenforceable or void in whole or in part, this shall not affect the remaining provisions. The invalid provision shall be replaced by one that corresponds to the economic purpose intended by the parties.
Horst Belding GmbH
Zum Klopp 30a
D-66578 Schiffweiler
May 2024