General business conditions valid at rhoba-chemie GmbH
For alla current and future sales the following conditions are valid, if not other agreements expressly in writing have been agreed upon.
Order confirmations are distributed from us only if so is in particular agreed upon. Furthermore the execution of the order is valid as an order confirmation.
For each separate order the agreement of the delivery is reserved. The indicated delivery times are approximate and without obligation.Claims for damages due to delayed delivery are excluded.
Delivery dates are only legally binding, if they from us expressly before in writing are confirmed. Delivery periods and delivery dates are respected if the delivery leaves our factory or the readiness for dispatch has been clarified by the end of the delivery period. Partial deliveries are permissible, in any case they are considered as an independent business.
All information about size, volume and weight are considered as approximate. Deviations within the frame of the trade are permissible. The listed prices apply to our deliveries. If any doubts arise as to the creditworthyness of the purchaser after conslusion of the contract, rhoba-chemie shall be entitled to rescind the contract, unless we are given impeccable securities or we are paid in cash before execution. After the goods have left our premises the deliveryrisk is the customer`s matter, also when shipping. Damages and losses, which happen during transport,go to the buyers expense.
In order to ensure the replacement of claims in the case of post, rail, truck or road transport, damage must be attested in writing by the recipient by the post office, railway or the transport company. Agreements as“ free domicile“ or „free receiving station“ do not mean that the transfer of the risk and the transition of the delivery date takes place only upon delivery.
If, for reasons beyond our control,less than the goods are accepted, we are entitled to a reasonable price increase. The same also applies if deliveries are to be delivered in certain partial deliveries. We are not liable for the freight forwarder as well as not for all persons who are not on duty, in the course of which our business are carried out, unless we have neglected the due diligence in the selection and supervision.All costs connected with the delivery of the goods are to be carried by the buyer.
Freight-free prices are charged on the basis of unimpeded traffic routes. Additional costs, for example due to flooding, ice etc, shall be born by the purchaser. In case of delivery abroad, the purchaser bears all costs connected with the border crossing.
If, after the agreement of the price, freight, taxes or other shipping charges are amended or newly introduces, we are entitled to charge additional costs to the price. In the event that the purchaser do not accept the goods ordered, we shall be entitled to demand an amount of at least 15 % on the value of this product for expenses and expenses already incurred as well as loss of profit.
When ordering at our Internet-shop from a purchaser outside EU there are normally costs for customs and import.
This costs are principally to be carries by the customer. The customs authorities are also entitled to open the package for control. Rhoba-chemie has here no influence. If you should need morr information concering customs practice and import of goods, pse address your selves to the nearest customs office.
Events of a higher violable nature give us the right to either demand a corresponding extension ot the delivery time or to cancel the delivery contract in full or in part. A claim for compensation by the the buyer does not arise here.
Risks of force majeure entitle us to postpone the delivery for the duration of the hindrance of an appropriate time or to withdraw from the contract due to the not yet fulfilled part. The force majeure is equal to strike and other circumstances, which make the delivery considerably more difficult or even impossible. This applies in particular in the case of the omission of self-supply.
In the event of a general scarcity of goods, caused by force majeure, we shall be entitled to shorten delivery. The purchaser can in this case demand an explanation, whether we willl cancel the contract or within a suitable time could deliver the goods. If we do not give any explanation, the purchaser is entitled to breach the contract. Already made payments in advance by the purchaser or buyer are of payed back.
The suitability of the products for a certain purposeis not guaranteed without our expressly confirmation in writing.A consultation or recommendation by us or by our employees does not constitute a contractual legal relationship, nor a side-commitment from the purchase contract. We are not liable for such activities except in the case of gross negligence. Agreements with our employees only apply if they are expressly confirmed by us in writing. It is the duty of the buyer and the user to intensively examine our products for their special purpose.
Complaints on the goods can only be claimed without delay and as long as a part of the goods is still un mixed and still in the original container. In the case of a defect, a sample of the goods must be sent to us immediately, specifying the place of delivery, the delivery date the delivery note number and the batch number. In the case of a justified complaint, we accept this and we are also to substitute a justifiable minor value.
All other claims including claims for damages, irrespective of the legal basis, are excluded, unless serious negligence is proved.
Notification of defects or possible claims for damages, shall shall become statute-barred after one month after written rejection of the claims by us.
In the case of justifies and legal compllaints no later than than 8 days after receipt of the goods, the replacement of the faulty goods will be free of charge.Any further claims are excluded. Guarantee in the normal commercial framework. The right to conversion and reduction is excluded.
The prices are quoted in euros from our factory, including packaging plus VAT, if not other written agreement before has been concluded.If the postage or freight charges are paid in advance by the customer or the seller, we deliver freight-free within Germany. The delivered goods remain our property until the fulfillment of all payment obligations. The buyer may not sell, pledge, rent or lend the goods until full payment is complete, or otherwise we may dispose of them or commit ourselves to such disposal without our knowledge. He is liable for the loss and all damages of the goods, even if he is still at fault.
If the goods are seized, pledged or otherwise claimed by the purchaser before full payment, the purchaser must immediately notify us and immediately forward a copy of the attachement protocol and to bear or to reimburse any expenses from this. The buyer bears the risk of the loss and the deterioration of the goods despite the reservation of title.
Payments are principally to be made in advance if no other written agreement has been concluded beforehand. Upon receipt of the payment to the account specified by us, we delivered the ordered goods immediately to the delivery address specified by the customer or buyer.
All delivered goods remain our property up to the complete fulfillment of our demands, no matter what legal reason.
Fulfillment and jurisdiction
The place of performance for payments and deliveries is the domicile of our company. Jurisdiction for both contractors is in any case the headquarters of our company. This also applies to all who are liable for the obligation of the buyer.
The court of jurisdiction shall also apply in the event that claims are asserted in the dunning procedure and if the purchaser is not aware of his domicile or habitual residence at the time the complaint is brought after conclusion of the contract.