General Terms and Conditions (GTC)
1 General
1 .1 The General Terms and Conditions below shall apply to all deliveries, goods and services of Brinkmann Technology GmbH, with the purchaser waiving its own existing terms and conditions of purchase.
2. Specifications
2.2 All information on weight, dimensions, capacity, performance, technical data and other data given in brochures, drawings, advertising literature, pictorial material etc. shall only be authoritative if they are expressly designated as binding. Planning drawings, which have been produced by the customer based on project data, among other things, are the responsibility of the customer. Brinkmann Technology GmbH is not responsible for the correctness of the data, e.g. in drawings, as it can be assumed that the customer has checked them completely.
3. Offer, Order and Planning Drawing
3.1 Unless otherwise stated, the offer is valid for 14 days. During this period, the prices are binding only insofar as there are no typing, calculation or printing errors.
3.2 The order shall only be binding in accordance with the written order confirmation of Brinkmann Technology GmbH and the terms and conditions therein. The purchaser undertakes to check the order confirmation and thereby accepts it. Any costs incurred for incorrect deliveries based on the order confirmation shall be borne by the purchaser. We accept verbal orders only at the risk of the purchaser.
3.3 Planning drawings shall remain the property of Brinkmann Technology GmbH and may not be handed over to others, e.g. competitors, not even digitally. Brinkmann Technology GmbH is entitled to charge 20% of the project value if a competitor delivers according to our drawings.
4. Prices
4.1 All our prices are ex works. Unless otherwise agreed, only the production of the ordered goods shall be subject matter of the contract. All other services shall be borne by the buyer and are not included in the price, in particular all civil engineering work, packaging and transport costs, any import duties, all costs for assembly and installation.
4.2 The price is guaranteed for a period of 3 months. Thereafter, the price will be automatically adjusted depending on raw material and material costs, packaging costs, transportation costs, wages and salaries, social security contributions, import duties, sales taxes, insurance premiums, exchange rates and currency ratios or other factors that may affect pricing.
5 Delivery and delivery time
5.1 In the absence of a special written agreement, all deliveries shall be made ex warehouse or ex manufacturer.
5.2 The risk shall pass to the purchaser as soon as the goods have left the warehouse or the manufacturer.
5.3 Partial deliveries are permissible.
5.4 All deliveries and partial deliveries shall be inspected by the purchaser after delivery. Any complaints regarding the quantity or type of delivery must be made in writing within 14 days.
5.5 Deadline specifications presuppose on-time deliveries of products or raw materials and must therefore be regarded as non-binding. A delay and cancellation of the order due to late delivery is not possible. Compensation for delay costs and other claims for damages are excluded.
5.6 Events beyond our control, such as force majeure, operational, transport or other extraordinary circumstances in our own or third party operations, shall entitle us to extend the delivery period.
5.7 Return deliveries are only possible after written agreement and acceptance by Brinkmann Technology GmbH. They shall be made at the customers risk and expense.
5.8 A 20% restocking fee will be charged for returns.
5.9 If the product cannot be delivered in time due to the customers fault, a charge will be invoiced 8 days after the agreed delivery date as follows
of 250 Euro/week per silo or tank (silo diameter < 3 meters)
400 Euro/week per silo or tank (silo diameter 3 - 5 meters)
1,000 Euro/week per silo or tank (silo diameter > 5 meters)
These amounts are adjusted annually on January 1 to the value of the health index. Silos can also be delivered without installation, in which case the additional costs for the second approach to the site will be invoiced subsequently.
6. Terms of Payment
6.1 Unless otherwise agreed, payment in advance is agreed.
6.2 If the purchaser is in default of payment, Brinkmann Technology GmbH shall be entitled to charge default interest in the amount of the respective debit interest rate of the house bank.
6.3 Payments shall be made directly to us by bank transfer and shall be deemed to have been made when the account is credited.
6.4 Company employees or representatives shall not be entitled to receive payments, thus cash payment shall be excluded.
6.5 Brinkmann Technology GmbH reserves the right to offset counter-deliveries in case of default or inability to pay.
6.6 For orders below 100.00 Euro, a minimum quantity surcharge of 25.00 Euro shall be charged.
6.7 Cancellation of Contract
If the purchaser cancels a contract, he is obliged to pay 20% of the order value as compensation. Brinkmann Technology GmbH shall be entitled to claim an even higher compensation, provided that the damage is proven. Brinkmann Technology GmbH reserves the right to cancel an order afterwards and will pay the purchaser a maximum compensation of 5% of the order value, which settles all claims, regardless of the actual or future damage of the purchaser.
7. Liability for Defects
7.1 Brinkmann Technology GmbH undertakes to exchange or repair any defects which are due to material or manufacturing faults and thus prove to be unusable, free of charge. However, we shall not be liable for assembly costs arising from the replacement of the repaired or new part.
7.2 Possible downtimes can similarly not be charged.
7.3 Our obligation is limited to defects occurring during the obligation period of 1 month after delivery. The prerequisite for this is proper storage, correct assembly, as well as normal operating conditions.
7.4 The responsibility of Brinkmann Technology GmbH does not extend to damage caused by wear and tear, rust, corrosion or deposits due to water, moisture, chemical or electrolytic processes, unsuitable lubricants, insufficient ventilation/cooling or other impurities.
7.5 Our responsibility does not extend to damage resulting from negligence on the part of the customer or his employees. .
7.6 Brinkmann Technology GmbH does not cover defects caused by incorrect information provided by the customer or the customers employees.
7.7 For purchased parts which are part of the Brinkmann Technology GmbH delivery program, responsibility shall only be assumed to the same extent as granted by the suppliers.
7.8 Information about possible applications of machines or equipment are empirical values and shall not be considered as warranted. Any liability in this respect is excluded.
8. Retention of Title
8.1 All deliveries shall remain our property until full payment has been made. The goods shall not become the property of the customer until all claims have been satisfied.
8.2 The customer undertakes to notify us immediately for the purpose of avoiding claims for damages if goods which are our property or co-property are seized, if a right of retention is exercised over them, or if the purchaser goes bankrupt.
8.3 The buyer undertakes to provide all information required for the assertion of our rights and to hand over the documents required for this purpose.
8.4 We shall be entitled to demand the return of the reserved goods without the buyer being entitled to a right of retention against this claim for return.
8.5 In the event of default in payment, we shall be entitled to remove our property from the third-party business premises - to which we are granted access - and to take possession of the property ourselves. The exercise of the right of retention is only a custody and does not constitute a withdrawal from the contract.
9 Responsibility for Causing Damage
9.1 Brinkmann Technology GmbH is only responsible for personal injury if it is proven that such damage was caused by negligence on the part of Brinkmann Technology GmbH or other parties for which Brinkmann Technology GmbH is responsible.
9.2 Brinkmann Technology GmbH is not responsible for damage to real estate or movable property if the material is in the possession of the purchaser.
9.3 No responsibility shall be assumed under any circumstances for loss of business, loss of labor, loss of time or other direct loss.
9.4 To the extent that product liability is imposed on Brinkmann Technology GmbH towards a third party, the customer shall be obliged to indemnify Brinkmann Technology GmbH to the same extent as the responsibility of Brinkmann Technology GmbH is limited according to clause 8.1.
9.5 If a third party imposes a claim on a party according to point 8. this party shall inform the other party about it.
9.6 If a compensation responsibility is raised due to an incurred damage resulting from the delivery, Brinkmann Technology GmbH and the customer are obliged to sue each other in court.
10. Guarantees
If a customer requires a guarantee for a down payment, warranty or contract fulfillment, Brinkmann Technology GmbH shall be entitled to charge the customer for all costs incurred thereby.
11 Statics
11.1 If Brinkmann Technology GmbH provides static calculations, type statics, statics or foundation plans, these shall only be considered as examples. The customer himself is responsible for the proper provision of the foundation or building. The customer must arrange for the foundation statics to be cross-checked by a suitable structural engineer.
11.2 If Brinkmann Technology GmbH sends the foundation statics for an incorrect silo by mistake, the customer is obliged to check whether he has received the correct foundation statics. Brinkmann Technology GmbH does not assume liability for a possibly wrongly produced foundation. Also Brinkmann Technology GmbH is not liable for the missing load-bearing capacity of building parts when installing e.g. conveyor aggregates.
12. Data Protection
Brinkmann Technology GmbH is entitled to use customer data and pictures for the purpose of direct marketing.
13 Place of Performance and Jurisdiction
13.1 The place of performance for payments and deliveries shall be 59269 Beckum, Germany.
13.2 Place of jurisdiction for all disputes is 48149 Münster.
14 Validity
The General Terms and Conditions shall apply in their current, valid form.
