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AlmaWin GmbH AlmaWin GmbH

Terms and Conditions of AlmaWin Reinigungskonzentrate GmbH

I. General Provisions

  1. The following General Terms and Conditions (“GTC”) apply exclusively to all quotations, orders and sales.
  2. Any deviations from our GTC, in particular the buyer’s terms and conditions, shall only apply if confirmed by us in writing.
  3. The above GTC also apply to all subsequent repeat orders.
  4. Prices are exclusive of the applicable statutory value added tax.

II. Quotation and Conclusion of Contract

  1. Quotations are subject to change and do not oblige the contractor to accept the order.
  2. Orders placed and agreements concluded by sales representatives shall only become binding on the contractor upon the contractor’s written confirmation or delivery.
  3. If no notification to the contrary is received within 8 days of the order being placed, the order shall be deemed accepted, subject to quantity and availability
  4. Our documents and product descriptions are only approximate, unless they are expressly designated as binding.
  5. Any increases in customs duties, taxes and other charges occurring after the conclusion of the contract shall be borne by the buyer

III. Payment

  1. Unless otherwise agreed, invoices are due within 30 days net without deduction.
  2. If the payment deadline is exceeded, we are entitled to charge interest at a rate of 4% above the relevant discount rate of the Deutsche Bundesbank from the due date.
  3. If the buyer is in default, we reserve the right to claim further damages.
  4. Should the buyer default on payment of any of our invoices, all our claims arising from the business relationship shall become due immediately, notwithstanding any acceptance of bills of exchange. The date of receipt shall be decisive for all payments.
  5. Furthermore, we are entitled to demand cash payment prior to further deliveries. This also applies in other circumstances which cast doubt on the buyer’s solvency.

IV. Delivery Time and Acceptance

  1. Delivery periods and dates are approximate and therefore non-binding. Binding delivery periods require a written agreement.
  2. Agreed delivery dates refer to the date of dispatch of the goods ex works.
  3. Our obligation to deliver shall be suspended for as long as the buyer is in arrears with a due payment. The delivery period shall commence on the date of the final order confirmation, but not before all details of execution have been clarified.
  4. In the event of unforeseen obstacles beyond the contractor’s control, the delivery period shall be extended accordingly.
  5. In the event of a delay on the part of the contractor, the client shall set a reasonable grace period of at least 14 days in writing.
  6. However, the buyer’s claims for damages arising from delay or non-performance shall be limited in amount to the invoice value of the quantity of goods not delivered or not delivered on time, insofar as we are not liable under mandatory statutory provisions for intent or gross negligence.

V. Dispatch

  1. The risks of transport ex works/delivery point shall always be borne by the buyer. This also applies to carriage paid deliveries, unless we carry out the transport using our own vehicles from our premises. In the case of sale by delivery, the customer shall bear the risk of loss or damage to the goods in accordance with Section 447 of the German Civil Code (BGB).
  2. Storage is in all cases the responsibility of the buyer.
  3. Claims regarding discrepancies in weight or quantity can only be made if they are identified immediately upon arrival of the consignment.
  4. AlmaWin selects the method and route of dispatch. We are happy to take the buyer’s preferences into account; any additional costs arising therefrom shall be borne by the buyer.

VI. Liability for damage

  1. We shall be liable for damage caused by defects in the goods, incorrect delivery or defects in the packaging as follows:
    a) Insofar as damage could have been avoided had the buyer complied with their inspection obligations, any liability on our part is excluded.
    b) Where damage occurs despite the buyer having fulfilled their inspection obligations, we shall only be liable for breaches of contract resulting from gross negligence.
  2. For damage other than that covered by the above provisions, we shall only be liable, irrespective of the grounds for liability, if it has been caused by grossly negligent conduct on our part.
  3. All relevant claims by the buyer against us shall become time-barred no later than 12 months after the act causing the damage.
  4. The provisions of the Product Liability Act remain unaffected by this.

VII. Deliveries to the United States of America

  1. Deliveries to the USA shall only be made following an express written agreement.
  2. Should an export, shipment or distribution to the USA nevertheless take place, the respective customer or dealer shall assume full responsibility for import, distribution, regulatory compliance and product liability and shall indemnify AlmaWin Reinigungskonzentrate GmbH against all claims.
  3. The products are not designed or certified for the US market. All implied warranties, in particular the implied warranty of merchantability and the implied warranty of fitness for a particular purpose, are excluded to the extent permitted by law.

VIII. Retention of Title

  1. We retain title to the goods delivered to secure all claims to which we are entitled against the buyer arising from the present and future business relationship until all damages have been settled.
  2. Our title extends to the new item created by the processing of the goods subject to retention of title. The buyer shall manufacture the new item for us, excluding any acquisition of title by the buyer, and shall hold it in safekeeping on our behalf.

IX. Place of performance and jurisdiction

  1. The place of performance for delivery is the location of the business from which the goods are dispatched; for payment, it is 73650 Winterbach.
  2. If the buyer is a registered trader, the place of jurisdiction is Schorndorf. We reserve the right to take legal action against the buyer at their general place of jurisdiction outside of the dunning procedure.
  3. All contracts between us and the customer are governed by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The application of mandatory legal provisions of another country in which the customer has their habitual residence remains unaffected by this choice of law.