1. Validity

1.1 These General Conditions of Sale and Delivery apply to all - even future - contracts with companies, legal entities under public law and public-law special funds for supplies and other services, including contracts, in particular the supply of processed concrete steel and its processing (routing) on construction. Conditions of purchase shall also not be recognized if we do not expressly object to them after receipt.

1.2 Our offers are subject to change. Oral agreements, promises, representations and warranties of our employees in connection with the contract shall not become binding only after written confirmation.

1.3 Authoritative for the interpretation of trade terms are in doubt the Incoterms in their latest version.

1.4 "Buyer" within the meaning of these terms is at work contracts and the "buyer".

1.5 The Concurrent Provision (Provision) of inspection documents according EN 10204 requires the express written agreement.

2. Prices

2.1 Unless otherwise agreed, the prices and conditions of our valid when the contract price list. Calculations are based on the determined weights including packaging, as far as is customary in the industry.

2.2 Changing later than four weeks after the contract charges or other external costs, which are included in the agreed price, or new ones arise, we shall be entitled in appropriate amount to a price change.

2.3 Increases the manufacturer's prices before we have delivered, we are entitled to increase the agreed price with the buyer for the goods not yet delivered in the same frame, if and to the extent we generally increase our prices.

3. Payment & Settlement

3.1 Unless otherwise agreed or stated in our invoices, payment shall be made - without deductions, especially without discount - to be done in such a way that we can have on the due date of the amount. Payment costs borne by the buyer. A lien and set-off power to the buyer only insofar as his claims are undisputed or legally binding.

3.2 The Purchaser shall be 10 days after the due date and receipt of the invoice / payment statement or receipt of the service in default at the latest.

3.3 Exceeding the payment deadline or in case of default, the interest rates of our price lists are valid, in the absence of such, we charge interest at the rate of 8 percentage points above the base rate, unless higher rates have been agreed.

3.4 If it becomes apparent after conclusion of the contract, that payment is jeopardized by lack of the buyer, we retain the rights under § 321 BGB (defense of uncertainty). We are also entitled to ask any statute-barred claims from the current business relationship with the buyer. Moreover, the defense of uncertainty extends to all other outstanding deliveries and services from the business relationship with the buyer.

3.5 An agreed discount always applies only to the invoiced value, excluding freight and based on full settlement of all payments due from the buyer at the time of the discount.

4. Performance of Deliveries, Terms & Deadlines

4.1 Our commitment to deliver is subject to correct and timely self-delivery, unless the incorrect or late delivery is our fault.

4.2 Information about delivery times are approximate. Delivery periods shall commence on the date of our order confirmation and are only provided timely clarification of all details of the order and timely performance of all obligations of the buyer, such as Submission of all official certificates, letters of credit and guarantees or advance payments.

4.3 Compliance of delivery periods and dates of the date of despatch from the factory or warehouse is decisive. They apply with notification of dispatch as kept, if the goods can not be dispatched on time not our fault.

4.4 If delivery / pickup for reasons for which the Purchaser is responsible for delayed, so he has to bear the costs of storage and the risk of accidental loss.

4.5 If the customer side material provided is working, the rear delivered quantity reduced by foregone or screened for technical or quality reasons, such as shares Cutoff edges, ends or false trails.

4.6 Events of force majeure entitle us to postpone delivery for the duration of the hindrance plus a reasonable start-up time. This applies even if such events occur during an existing delay. Force majeure shall be equal monetary, trade and other government action, strikes, lockouts, which we are not operating disturbances (eg fire, machinery and rolling fraction, raw materials or energy deficiency), obstruction of traffic routes, delay in import / customs clearance and all other circumstances which, without being of us in debt, complicate the goods and services or impossible. If as a result of the aforementioned events, the execution of the contract for one of the Parties unreasonable, it may declare the contract.

5. Unload

The buyer has to unload promptly and properly. We work with, so this is done without legal obligation and liability for slight negligence is excluded.

6. Retention of title

6.1 All delivered goods remain our property (reserved goods) until all demands, especially the respective balance claims to which we are entitled under the business relationship (account reservation). This also applies to future and conditional claims including accepted notes and also if payments on specific claims are made​​. This balance of title expires definitively with the settlement of all outstanding at the time of payment and covered by the balance reservation.

6.2 Machining and processing of the reserved goods are made for us as a manufacturer within the meaning of § 950 BGB without committing us. The processed goods are deemed reserved goods in the sense of # 1. During processing, combining or mixing of the reserved goods with other goods by the buyer the ownership is us rata of the new item in proportion of the invoice value of the reserved goods to the invoice value of the other goods used. If our property by combining or mixing, the customer assigns to us now the rightful ownership of the new stock or goods in proportion to the invoice value of the reserved goods are held in safekeeping for us. Our co-ownership shall be deemed reserved goods within the meaning of no. 1st

6.3 The Buyer may sell the reserved goods in the ordinary course of business under its normal terms and conditions and as long as he is not in arrears, subject to condition that the claims from the resale gem. Nos. 4-6 are transferred to us. To dispose of the reserved goods he is not entitled.

6.4 The claims arising from the resale of the reserved goods or any other legal reason, together with all securities purchased by the buyer for the claim are already assigned to us. They serve the same extent as the reserved goods. If the reserved goods are resold by the Buyer together with other goods not purchased from us, so the claim from the resale in the proportion of the invoice value of the goods is transferred to the invoice value of the other goods sold. In the sale of goods to which we are entitled to co-ownership. No. 2 have, our co-ownership will be transferred to the appropriate part.

6.5 The Buyer shall be entitled to collect claims from the resale. This right shall expire if withdrawn, but no later than default in payment, non-payment of a bill or request for the opening of insolvency proceedings. Our right of revocation, we will only make use if it becomes apparent after conclusion of the contract, that payment under this contract or other contracts is jeopardized by the Buyer's lack of performance. Upon our written request, the buyer is obliged to immediately inform his customers of the assignment to us and give us the documents necessary for collection. An assignment of receivables from the resale is prohibited, unless there is an assignment by way of genuine factoring, which appears to us and in which the factoring proceeds exceed the value of our secured debt. With the credit of our factoring proceeds receivable becomes due immediately.

6.6 The buyer must notify without delay of any seizure or other interference by third parties to us. The buyer bears all costs that must be expended to lift the seizure or return transportation of the goods, unless they are replaced by others.

6.7 If the buyer defaults or does not peel a bill of exchange at maturity, we are entitled to take back the reserved goods and to enter, for this purpose the Buyer's premises. The same applies if, after the conclusion of the contract, that payment under this contract or other contracts is jeopardized by the Buyer's lack of performance. The withdrawal is a withdrawal from the contract.

6.8 If the realizable value of the existing securities exceeds the secured claims, including ancillary claims (interest, costs, o. Etc..) By more than 50 per cent., We undertake to the buyer's request, to release securities of our choice.

7. Quality, Dimensions, Weights

7.1 Grades and sizes are determined in accordance with applicable when the contract DIN-EN standards or material specifications. Unless DIN-EN standards or material specifications exist, the corresponding Euro-standards apply, in the absence of such according to commercial usage. References to standards, standards, data sheets or certificates as well as information on grades, dimensions, weights and availability are not representations or warranties and declarations of conformity, manufacturer's declarations and related marks such as CE and GS.

7.2 For the weights of the evaluation conducted by us or our weighing shall prevail. The weight shall be proved by production of the weight slip. To the extent permitted by law, without weighing weights can be determined according to the standard. Does not affect the usual in the steel trade of the Federal Republic of Germany increases and reductions (trade weights). In the dispatch note quantities specified, bundles etc. o. Ä. Shall not be binding on calculated according to weight of goods. Unless individually in the ordinary occurs, in each case the total weight of the consignment. Differences from the calculated individual weights are distributed proportionally.

8. Decreases

8.1If acceptance is agreed, it can only be done in the mill or in our warehouse immediately after notification of acceptance. The personal costs of acceptance by the buyer, the material acceptance costs are charged to him according to our price list or price list of the delivery mechanism.

8.2 If acceptance is not beyond our control, not timely or not complete, we are entitled to ship the goods without inspection or to store at the expense and risk of the Buyer and to charge him.

9. Delivery, Transfer of risk, packaging, parts delivery

9.1 We determine and means of shipment and shipper and carrier.

9.2 If no fault of our transportation more difficult on the intended route or to the designated place impossible or substantially in the allotted time, so we are entitled to deliver in a different way or to a different location; the additional costs borne by the buyer. The buyer will be given the opportunity to comment.

9.3 With the transfer of the goods to a forwarder or carrier, at the latest when they leave the warehouse or supply plant, the risk of the seizure of the goods, goes on all transactions, including prepaid or free house deliveries to the buyer about. For collection, the risk passes to the buyer when the goods are placed at the disposal. When one of us is not responsible any delay in delivery risk is transferred to the day when the goods are ready for buyer. If goods for reasons that we are not responsible, withdrawn, the buyer bears all risk until the goods are received by us. We shall obtain insurance only on instructions and expense of the purchaser. Obligation and costs of unloading at the expense of the buyer.

9.4 Goods will be delivered unpacked and not protected against rust. If commercially available, we packed. Packaging, protection and / or transport device according to our experience at the expense of the buyer. They can be returned to our warehouse. Expense of the buyer for the return transport or for your own disposal of the packaging we do not accept.

9.5 We are entitled to partial deliveries to a reasonable extent.

9.6 Usual Delivery quantities of agreed quantities. Larger deviations, especially in the stock business, are in the interest of a proper material supply - eg for sheet by sending packets closed - are hereby agreed.

9.7 Flat products are exclusively for net and gross weighed calculated, unless otherwise agreed.

10. Call orders

10.1 Stipulatedness reported ready for shipment goods must be retrieved immediately, otherwise we are entitled to ship after due notice at the expense and risk of the buyer of our choice or to store them at our discretion and charge immediately.

10.2 Where the contract provides continuous delivery calls and classification are us give approximately equal monthly amounts; otherwise, we are entitled to set the terms at our own discretion.

10.3 exceeded the individual views the total contract amount, we shall be entitled to deliver the additional quantity, but not required. We can calculate the additional quantity at the prices valid at the call or delivery.

11. Defects & Warranty

11.1 Defects of the goods are immediately reported in writing within seven days after delivery. Defects which can not be detected by the most careful examination within this period, - having ceased forthwith and processing - immediately after discovery, in writing no later than before the expiry of the agreed or statutory limitation period.

11.2 After an agreed acceptance of the goods by the buyer, the complaint of defects that were detected during the agreed type of testing and inspection.

11.3 In justified timely complaint, we can eliminate the defect or non-defective item (subsequent performance) of our choice. When failures or denial of remedy, the buyer may reduce the purchase price or withdraw after setting and fruitless expiry of a reasonable period of the contract. Is not much of the defect, he may only reduce the purchase price. Cancellation of the contract can not require the buyer when construction work is the subject of the warranty or the defect reduces the value or suitability of services we work only insignificantly.

11.4 If the Buyer fails to immediately opportunity to convince us of the defect, especially if he fails the rejected goods or samples thereof without delay, as all rights with regard to the Defect.

11.5 In the substandard material and roll over amounts, the purchaser relative to the specified Deklassierungsgründen and those with whom he normally to be expected, any rights arising from defects. When selling a II-material, our liability is excluded due to material defects.

About roll quantities are sold without warranty of quality, dimensions and properties. In Revised material will not be returned.

11.6 patterns, samples, data analysis and other information about the nature or dimensions of the goods are non-binding outline details, if they are not explicitly guaranteed.

11.7 Orders to Anarbeitung the materials provided, we accept no liability for the quality of the delivered material or for its processability. A mandatory liability under the Product Liability Act is not excluded.

11.8 Expenses in connection with the remedy we only insofar as they are appropriate in the individual case, in particular in relation to the purchase price of the goods. Expenses arising from the fact that the goods being transported to a place other than the purchaser the office or place, we do not assume, unless this corresponds to their contractual use.

11.9 recourse rights of the purchaser remain unaffected by § 478 BGB.

11.10 A consultation with us, our employees or for us actors as well as all information shown herewith in connection constitute neither a legal contract or a secondary obligation arising from the contract, so that we are not liable for such advice unless otherwise expressly granted in writing agreements.

12. General limit of liability

12.1 Breach of contractual and non-contractual obligations, in particular due to impossibility, delay, negligence in contract and in tort, we are liable - even for our officers and other agents - only in cases of willful intent or gross negligence, limited to the foreseeable upon conclusion of contract damages .

12.2 These restrictions do not apply to culpable breach of essential contractual obligations, if the purpose of the contract is at risk, in cases of mandatory liability under the Product Liability Act, in case of damage to life, body and health, and even then not if and when we defects of the item have fraudulently concealed or the absence of guarantees.

12.3 The legal provisions relating to burden of proof shall remain unaffected.

12.4 Unless otherwise agreed, contractual claims incurred by the buyer against us on or in connection with the delivery of the goods, one year after delivery of the goods. This deadline also applies to those goods which are used in accordance with its usual purpose for a building and have caused its defectiveness. This does not affect our liability for intentional and grossly negligent breaches of duty as well as the limitation of legal recourse. In the cases of the period of limitation does not begin to run again.

13. Place of Performance and Jurisdiction, Law applicable

13.1 Unless otherwise agreed place of performance for our deliveries for delivery ex works, the works, for the remaining deliveries is our camp. Jurisdiction for all disputes arising from the contractual relationship shall be the company headquarters, if the buyer is a merchant, legal entity under public law or public law special fund. We can also sue on its jurisdiction the buyer.

In addition to these conditions 13.2 All legal relations between us and the Buyer shall be the non-unified German law, in particular the BGB / HGB. The provisions of the Convention of 11 April 1980 on Contracts for the International Sale of Goods shall not apply.

01.01.2012