Terms and Conditions

Terms and Conditions:

These terms and conditions apply to companies, legal entities under public law and public-law special funds. The following conditions apply exclusively to all our deliveries and services, to all orders and service and maintenance contracts.

1. Delivery and Service
We manufacture and deliver exclusively on the basis of the following delivery and payment conditions. These are part of the contract. By accepting our offer, the customer agrees to our terms of delivery and payment. We particularly object to business and purchasing conditions of the customer. You only oblige us if we agree particularly and in writing.

1.1 Contract
All offers are non-binding. All agreements require a written confirmation.

1.2 Prices
Die in unserem Angebot genannten Preise sind Netto-Preise, zuzüglich der zum Zeitpunkt der Lieferung und Montage gültigen Mehrwertsteuer.

1.3 Terms of delivery
Agreed delivery times begin on the day of our order confirmation, but not before complete clarification of all execution details.
If a binding delivery date is exceeded, the orderer has to set a reasonable grace period. In the case of non-compliance with delivery times, we are liable only up to the amount of the order value. Claims for damages due to delay or non-fulfillment are excluded, unless they were caused by intent or gross negligence.
Events of force majeure entitle us to extend the delivery time by the duration of the hindrance or to withdraw from the contract because of the unfulfilled part. Force majeure shall be the same as operational disruptions, delayed deliveries by a subcontractor, official interventions, energy supply difficulties and other non-culpable events. The customer will be notified of such obstacles immediately in writing.

1.4 Reservation of ownership
All parts and materials supplied by us remain our property until fulfillment of our complete claim from the business relationship and may not be resold.

1.5 Guarantee
Defects in a part of the goods delivered by us do not entitle to the complaint of the entire performance. The complaint is limited exclusively to the defect. We have the opportunity for immediate inspection / rectification. In the case of legitimate complaints we provide guarantee by repair. If we do not remedy the damage within a reasonable period of time, the purchaser is entitled to reduce the compensation in the amount of the defect. Further claims, in particular for compensation for consequential damages, are excluded. Our liability, for whatever legal reason, is limited to intent and gross negligence. The liability sum for repair costs is limited in any case to the respective order value.

1.6 Terms of payment
Unless otherwise agreed, invoices must always be paid within 14 days.
In case of late payment or deferral, we are entitled, subject to the assertion of a major actual delay damage.

1.7 Place of performance and place of jurisdiction
The place of performance for all obligations arising from the contractual relationship is the District Court of Tuttlingen.
Also for deliveries abroad exclusively German law is in force. Verbal side agreements are ineffective, unless they are confirmed by us in writing. Changes to the contract must be made in writing. Should a provision of the above terms and conditions be or become invalid, the validity of the other provisions shall remain unaffected.

2. Terms of purchase
These General Terms and Conditions (Terms of Purchase) apply to all orders (purchases, purchases and utilization of services) made for and on behalf of Metallbau Kessler GmbH & Co. KG.

2.1 Offers
Offers must always be written in German. The pricing must be clear and in euros. With the submission of an offer, our general terms and conditions (terms and conditions of purchase) apply without restriction. Reservations for price changes are only valid if they have been acknowledged by us in writing.
For all services and goods, unit prices must be specified. All goods are free to deliver. Costs for packaging, freight, insurance, customs, or any other costs are to be carried out separately in the offer. Offers, if not otherwise indicated by the contractor, are regarded as general price agreements, also for follow-up transactions.
For every offer, our commission must be stated and the expected delivery date must be indicated.

2.2 Contracts
All contracts must be confirmed in writing, if no confirmation will be received within 10 days, we have the right to withdraw from the contract.
An order confirmation, which differs from our order, or deviate from our terms and conditions, is without purpose, even if this is not objected to by us.
Any additional costs resulting from non-compliance with the provision contained in the order or our general terms and conditions shall not be borne by us.

2.3 Technical terms of purchase
Technical details and sketches that have been used to submit an offer remain our property and may not be disclosed to third parties, or otherwise used. Technical services are the property of the purchaser.

2.4 Guarantee and Warranty, Compensation of damages
Unless otherwise agreed, a minimum warranty period of 5 years applies to static parts incl. Glass as agreed. For moving parts, as well as wearing parts the minimum warranty period of 2 years is agreed.
The contractor shall assume all consequential costs incurred as a result of the faulty delivery or service in full.

2.5 Delivery and takeover
The goods are to be handed over to an employee of the customer upon delivery. If this is not possible, the contractor must also accept complaints later. The goods are inspected by the customer at the receipt of the goods. Nevertheless, the client reserves the right to claim immediately visible damage up to one week after delivery. In the case of poorly visible defects (which would necessitate stacking the goods or opening the packaging to determine the defect), the client reserves the right to complain up to 2 weeks after delivery. In case of unpredictable delays of a delivery or service, the client must be informed immediately.
If the deadline is exceeded, we are entitled to waive a delivery without setting a grace period and to claim damages. The withdrawal from the contract remains reserved to the client.

2.6 Terms of payment
Unless otherwise agreed, invoices will always be payed within 14 days less 3% discount. The period runs from the time at which both the goods and the invoices have arrived at the customer. In the case of partial deliveries, the delivery date of the last part counts as the beginning of the period.

2.7 Cancellation
If an order is cancelled by the client, the contractor shall be entitled to charge the costs demonstrably incurred up to that point.

3. Service and maintenance contracts
Subject of this contract are the services on automatic sliding doors and parking systems described on page 1.
Service work outside of the contractually agreed maintenance and security checks is not the subject of this contract and will be charged according to time and effort according to the applicable service hourly rate, according to a separate order.
Spare parts are not included in the aforementioned services and will be invoiced separately.
The systems must be made accessible to the service technician; any necessary aids must be made available.
The disassembly and assembly of alterations and / or ceiling cladding of any kind are not part of the contract and will be charged according to effort at the valid hourly rates.

3.1 Warranty
The warranty period for the systems and products supplied by us is 24 months. If the automatic systems or locking systems are not subject to regular annual maintenance according to the present maintenance contract, the warranty period is reduced to 12 months from the date of acceptance.
For escape route doors we recommend an annual 2-time maintenance.
Any warranty is only valid on the condition that no removal of defects by third parties has been attempted. Kessler guarantees by free repair. For damage caused by external influences, as well as damage caused by force majeure, inappropriate and improper use, the company Kessler is not liable.

3.2 Execution
The maintenance work is carried out during the normal working hours of the company Kessler. In the case of works that are carried out outside normal working hours at the request of the client, surcharges of 25 or 50% will be charged.

3.3 Terms of payment
Billing takes place after maintenance has been carried out.The invoice is payable net within 10 calendar days from date of invoice. (Bank details see page 1)
In case of late payment or deferral, we are entitled, subject to the assertion of a major actual delay damage.

The company Metallbau Kessler reserves the right to adjust the maintenance prices according to prior notification.