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General business conditions of the company G&G Beschlaege GmbH

 

Our deliveries - below this we also understand performances, suggestions, consults and other performances - as well as the for this made offers and orders are only carried out due to our following conditions.

 

1.

Completion of a contract, size of performance obligation

a.)

Our offers are without engagement. Contracts of sale, other agreements and arrangements, particularly if they differ from these delivery and terms of payments, are only valid receiving a written confirmation from us.

b.)

The size of delivery and performance depends on our written confirmation. References on DIN-Regulations is a performance specification and no assurance of characteristics / quality.

c.)

Drawings made by us are obligatory basis for render performance.

d.)

Samples, based on an order are non-committal, unless they have particularly been described obligatory.

2.

Prices

a.)

Our prices are valid ex works plus packing and value added tax.

b.)

If after completion of a contract job oriented costs changes essentially, the contracting parties have to communicate about an adaptation.

3.

Delivery time

a.)

Delivery periods start with our confirmation, however not before all details of the executions are cleared and all other prerequisites which are to be fulfilled from the customer are available; the same is valid for delivery dates. Deliveries before expiry of the delivery time and partial deliveries are permitted. The report of the delivery readiness is valid as delivery day, otherwise the dispatch day.

b.)

Agreed delivery periods and appointments prolongs or moves, notwithstanding our rights out of delay of the customer for the time period the customer is in delay with his obligations. If we get into delay, the customer has the possibility to place an adequate extension and to resign from the contract if the fulfilment doesn't have any interested for him.

4.

Contracts of sale on call

 

In case that contracts of sale on call aren't called or divided up in time, we have the right, after setting a fruitless extension, to divide up the delivery ourselves or to resign from the contract.

5.

Superior force and other hindrance

a.)

Events of superior force entitle us to postpone the delivery for an adequate time or partly resign from the contract. With superior force we mean strike, shutout or unexpected circumstances, making the delivery on schedule impossible to us despite reasonable effort. We have to lead the proof for. This is also valid if the above mentioned hindrances arise during a delay or entering at a sub-supplier.

b.)

The customer can invite us within 2 weeks to declare if we resign or if we want to deliver within an adequate extension. In case that we don't explain ourselves, the customer has the possibility to resign from that part of the offer which can not be fulfilled.

6.

Test procedure, acceptance

a.)

The customer has to inform us whether he wants us to carry out the necessary examinations. Manner and size of the examination have to be agreed up before the completion of the contract.

b.)

The customer has to inform us before the completion of the contract whether he wish a acceptance and about the manner and size of the desired acceptance. The accept has to take place immediately after reported removal readiness in the plant, at expense of the customer. In case that acceptance isn't carried out on schedule or isn't complete, we are authorised to deliver or to stock the parts on expense and risk of the customer, in that case the products are regarded as accepted.

7.

Measures, weight, quantities

a.)

Differences in measures, weight and quantity in the context of customary tolerances, appropriate DIN- regulations and founded requirements are permitted.

b.)

For calculation the delivering weights and quantities established by us are authoritative.

8.

Packing and loading

 

As far as our estimation requires, we pack the products at expense of the customer in customary way. On our desire the customer have to returned the packaging and loading up average immediately, freight paid. Credit note carried out after stipulation of reuse value.

9.

Shipment and danger transition

a.)

Products readily for shipment are to be taken immediately after notification, otherwise we are authorised to send the products on our own choice or to stock them on expense and risk of the customer. We are also authorised to the last-named, in case that the shipment we arranged cannot be carried out without our fault. One week after beginning of stock, the products regards as delivered.

b.)

Due to missing instructions, the transport is carried out according to our estimation.

c.)

With the handing over to train, forwarding agent or carrier or one week after the beginning of stock but at latest when leaving the plant, the risk pass over to the customer, even if we arranged the delivery.

10.

Terms of payment

a.)

The payment of our invoices has to be carried out as follows ( in this respect nothing else has been agreed): 2% cash discount if the payment is effected within 8 days per transfer, cash, check or credit note on one of our accounts - or within 30 days without any discount.

b.)

The customer has the possibility to cancel the payment if there are any undisputed or finally established claims.

c.)

We accept discountable and regular paid on bill of exchange but only if this was particularly agreed. Credit notes over bill of exchange change and checks are carried out subject to the receipt less the expenses with value position of the day on which we can have about the equivalent. Change costs are for account of the customer and are due immediately in cash.

d.)

In case of transgressions we charge interest in the limit of the banks calculated credit costs, but at least interest in the amount of 4% over the respective discount rate of the Deutsche Bundesbank (Federal Bank of Germany).

e.)

If the customer doesn't meet the terms of payment or if we are getting known to facts, which arises well-founded doubts on his credit rating, all our demands, including the one we accepted bill of exchange, are immediately due. The same is valid for all arising costs, performances and parts situated in work, as well as finished parts which are not yet delivered. In these cases we have the possibility to deliver outstanding orders and performances against cash in advance or surety and have the possibility to resign from contact after a adequate extension, we also have the right to demand for compensation because of non-payment. Due to under point 11 agreed liens, we have the right to forbid the sales and processing of the delivered goods and demand the return of them, as well as the assignment of the indirect possession to the Collection authorisation according to point 11 paragraph f.). The customer authorises us entering his plant in case that the above mentioned cases arise, to collect the delivered parts. In this case it doesn't mean that we resign from contract unless we explain this particularly.

11.

Lien

a.)

All delivered goods remain our property until all demands are fulfill particularly the respective balance demand which being entitled just from which legal justification. This is also valid for payments done on demands described particularly. For us as manufacture processing of "reservation goods" is carried out according to § 650 BGB, without obligation for us.

b.)

Process goods count as "reservation goods" according to point a). In case of processing, connecting and intermixing of the "reservation goods" with other goods, done by the customer, the co-ownership of the new parts is entitled to us, in comparison with the value.

c.)

The customer may sell the goods in the ordinary commercial traffic to his normal business conditions and so long he isn't in delay, provided that the demands in accordance with the letters d) . and e) . pass over on us. He isn't authorised to other disposals of the goods.

d.)

The demands of the customer from the disposal of the goods are now already handed over to us. They serve for the safety in this size.

e.)

In case that the customer sells the goods together with other goods, which haven't been delivered by us, the assignment is only valid for the value of the delivered goods. When selling goods from which we have co- ownership shares in accordance to letter b.) have, the assignment is only valid for the value of these co-ownership shares.

f.)

The customer is authorised to pay demands out of the sales up to our revocation, according to paragraph c.) and d.) We only have the right for revocation for the mentioned cases under number 10 paragraph e.). The customer is not authorised to the assignment of the demands on any account. On our desire it is obliging to inform the buyers immediately of the assignment to us and to give us the required information and documents.

g.)

If the value of the existing securities exceeds the protected demands altogether more than 10% we are obliged to release securities according to our choice. The custer is obliged to inform us immediately of any distraint order or other impairments by third parties.

12.

Defects, delivery of not contract moderate goods

a.)

We guarantee for faultless production of the parts delivered by us according to the agreed technical delivery regulations. The time of the danger transition is decisive for the condition of the product as stipulated in the contract.

b.)

The customer immediately has to reprehend defects at the place of destination on receipt of the goods, hidden defects immediately after discovery of the fault, however at the latest within 8 months after danger transition.

c.)

At agreed removal according to point 6 b.) the reprimand of defects is excluded.

d.)

The opportunity has to be given us for noticing the reprehended defect. In urgent cases of endangering of the operational safety or for defence's disproportionately great damage of the customer we have to find the reprehended defect immediately. If the customer doesn't meet these liabilities or without our consent changes at the product already queried defects, he loses possible guarantee claims.

e.)

In case of justifiable and due in time complaint we improve the defect goods or deliver faultless substitutes.

f.)

If we do not comply with our guarantee duties or not as stipulated in the contract, the customer has the right to reduce or change the default goods, after a certain and adequate extension.

g.)

Further claims of the customer are excluded, according to point c.) This applies particularly to claims of a substitute of damages, which didn't arise at the product itself.

h.)

Guarantee claims are in lapse 3 months after written rejection of the customer's complaint, at the earliest with the expiry in accordance to point b.).

i.)

The above specification also find application when missing assured characteristics and by delivery of other goods as stipulated in the contract.

13.

Job oriented production facilities, parts to work in

a.)

Job oriented production facilities, for example models, stencils, pouring tools, devices and control honours, which are provided by the customer, are to be send us free of charge. The agreement of the production facilities provided by the customer with the contractual specifica- tions or drawings and samples submitted to us, will only be checked due to particularly agreement. We may change production facilities provided by the customer, if this seems required to us for production technical reasons and the workpiece isn't changed by this.

b.)

The costs for the modification, maintenance and the use of his production facility carries the customer.

c.)

The production facilities are treated with the normal care which ones we use to use in these matters. We aren't obliged to the degree of an insurance. We can return on expense and risk of the customer not any longer needed production facilities and tools, if he does not complies with our request for the collection within an adequate period.

d.)

Job oriented production facilities and operating supplies, which are made or obtained in the order of the customer by us, remain our property despite proportionate charges. We keep them for the duration of 3 years, after the last founding. If as agreed, customers' production facilities had been paid, we are obliged to provide him property within 2 years on these production facilities.

e.)

The customer can only assert claims from originator real or commercial right, when he points out the existence of such laws to us and particularly doesn't leave her.

f.)

At use of an only once usable production facility arises refuse, the customer has either to provide a new production facility or to bear the costs of the substitute facilities.

g.)

Of us train (poured) parts must be moderate and delivered in faultless condition of the customer. For parts getting useless by claim it is to deliver a substitute free of charge by the customer.

14.

Copyright of the supplier

 

Documents and drawings left to the customer, as well as produced constructive performances and suggestions on the lay-out and production to manufacture parts, the customer only may use for the scheduled purpose and is not allowed to accessible to third parties without our consent, neither make them to the object of announcements.

15.

Liability and compensation

a.)

The customer carries the responsibility for proper construction considering possible safety regulations. Choice of the material and the necessary test procedure, correctness and completeness of technical delivering regulations and the technical documents and drawings submitted to us, as well as for the explanation of the provided production facilities, if changes of us are suggested which find his approval. The customer answers for this, that due to his details protection rights or other rights of third parties aren't violated.

b.)

In case that we are taken up of a third party up on compensation and the cause lies in the responsibility area of the customer, the customer has to exempt us from these claims.

c.)

As far as in these regulations nothing else is agreed, we are only liable on compensation because of injury or extra- contractual duties by firm intention or rough negligence. We are however only liable for firm intention or rough negligence, if they neglect an essential contractual duty. Of this settlement claims injuries to persons remain are untouched also damages at things used privately according to the product liability law.

16.

Place of performance and place of jurisdiction

a.)

Place of performance for payments is Nagold, for all others the place of the delivering plant.

b.)

Place of jurisdiction is Nagold, also for complaints in the bill of exchange and check process. We are authorised, suing the customer at his general place of jurisdiction.

17.

Applicable law

 

For all right relations between the customer and us the rights of the Federal Republic of Germany is exclusively valid, under exclusion of the Haager purchase right agreement. This is also valid, if the customer has his seat abroad.

18.

Part emptiness

 

In case that single determinations of these terms of delivery and payment are whole or partly ineffective or being trivial, the validity of the contract isn't touched. In this case the contracting parties oblige themselves, to agree to a settlement, reaching the ineffective or right determination followed up meaning and purpose.

 

Edition 1/2001

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Our locations

Administration
Ferd.-Porsche Straße 46
D-72202 Nagold
Tel: +49 7452/83 94-0
accounting@gg-hardware.com
Production
Maybachstrasse 3
D-72202 Nagold
Tel: +49 7452/83 94-0
production@gg-hardware.com
Logistic centre
Rottweiler Strasse 100
D-72184 Eutingen im Gäu
Tel: +49 7452/83 94-0
shipping@gg-hardware.com
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