Conditions

1. Scope
These general delivery and payment conditions apply exclusively to legal transactions with entrepreneurs. Our general delivery and payment conditions apply exclusively. They also apply to all future business relationships, even if they are not expressly agreed again. Your different general terms and conditions of business or purchasing are not valid and are hereby contradicted. Unless expressly accepted in writing, the contracting regulations for construction services (VOB Parts B and C) do not apply to any orders, but only the Civil Code in the latest version. In particular, VOB Parts B and C do not apply to assembly services.

2. Offer, order confirmation
Our offers are subject to change and non-binding. If we have not accepted your order through delivery, declarations of acceptance and orders require our written order confirmation to be legally valid. The same applies to additions, modifications or additional agreements. Our written order confirmation is decisive for the scope, content and pricing of each delivery.

3. Price basis
Unless otherwise confirmed, our prices valid at the time the contract is concluded plus VAT. calculated at the applicable statutory sales tax. If there are more than 3 months between the conclusion of the contract and delivery, any changes in wage, material and sales costs will be based on the net list prices or service prices valid at the time of delivery or completion plus the applicable statutory sales tax. Prices listed in our price lists are considered local and reasonable.

4. Scope of delivery
Our written order confirmation alone is decisive for the scope of delivery. Partial deliveries and partial services are permitted as long as they are reasonable for you.

5. Offsetting rights, retention rights
You are only entitled to offsetting or retention rights if your counterclaims have been legally established, are undisputed or have been recognized by us. However, you can only assert these rights if your counterclaim is based on the same contractual relationship.

6. Prohibition of assignment
You are not entitled to assign any claims of any kind arising from our business relationship to third parties.

7. Repayment provision
If you do not make a repayment provision, we are entitled to do so; Section 366 of the German Civil Code (BGB) is waived.

8. Debt collection authority
Our employees or our sales representatives are entitled to collect debts if they are authorized to do so. This also applies to warehouse sales.

9. Transport, packaging, insurance and vehicle costs
Our prices are generally unpackaged ex works. You bear the resulting transport, packaging, insurance and vehicle costs.
9.1 Credit for packaging materials
For reusable means of transport such as mesh boxes, pallets, etc. If we have calculated this beforehand, appropriate credits will be issued if the goods are returned immediately and free of charge for us.
9.2 Insured shipping
If you wish, we will send the goods insured at your risk and expense.
9.3 Return costs
If we retrieve material based on rights reserved to us, you will bear the costs incurred by us. In individual cases, these may correspond to the net value of the goods at the time of collection. You have the right to prove to us that these costs were not incurred or were not incurred to this extent.

10. Transfer of risk
Unless the risk has already been transferred to you beforehand, the risk will pass to you as follows at the latest:
10.1 Transfer of risk upon collection, loading, handover
Either with collection, loading or with handover to the forwarding agent or freight carrier, regardless of whether we ship, you pick up, whether we or you commission third parties and regardless of whether the goods are shipped freight prepaid, freight forwarded or at a flat rate, even if partial deliveries are made take place.
10.2 Transfer of risk in the event of default in acceptance
In the event of delays in the above-mentioned circumstances for which you are responsible or if you delay acceptance for other reasons, the risk passes to you upon notification of readiness for delivery.

11. Collateral
Until all claims to which we are entitled against you for any legal reason now or in the future have been satisfied, you grant us the following securities:
11.1 Retention of title
The seller reserves ownership of the goods until all claims of the seller against the buyer arising from the business relationship, including future claims arising from contracts concluded at the same time or later, have been settled. This also applies if individual or all of the seller's claims have been included in a current invoice and the balance has been drawn and recognized. If the value of the securities we hold exceeds our claims by a total of 20 percent, we will, at the buyer's request, release securities in the appropriate amount at our discretion. Processing and transformation of our goods by the buyer takes place exclusively for us. If processed with other goods that do not belong to us, we are entitled to co-ownership of the new item in proportion to the invoice value of our reserved goods to the purchase price of the other processed goods at the time of processing.
11.2 Extended retention of title
You now assign to us in full the claims arising from the resale or any other legal reason relating to the goods as security. We hereby accept the assignments. If we include our claims in a current account relationship with you, the advance assignment also extends to the corresponding balance claim.
11.3 Authorization to collect debts, revocation of collection authorization, no other assignment, notification of third-party access
11.3.1 We revocably authorize you to collect the assigned claims for our account in your own name. This collection authorization can only be revoked if you are in arrears with your payment obligations, or if we become aware of check or bill protests, payment suspensions or negative information about you.
11.3.2 You are not authorized to make any other assignment. You are entitled to collect these claims as long as you fulfill your payment obligations. You must notify us immediately of any seizures or other access by third parties that affect our property or rights.
11.4 Proof of purchaser
At our request, you are obliged to provide us with individual evidence of the claims you have acquired against third parties in accordance with point 11.2 and to inform the subsequent purchasers of the assignment and request that they only pay to us. We are entitled at any time to notify subsequent purchasers of the assignment and to collect the claims ourselves.
11.5 No collection authorization in the event of insolvency
This collection authorization is deemed to be revoked if an application is made to open insolvency proceedings against your assets or to submit an affidavit.
11.6 Collateral release
You have the right to request the partial or complete release of securities if their realizable value exceeds 20% of the claims to be secured.
11.7 Collection authorization
11.7.1 To secure our property rights, especially in the event of arrears in payment, you grant us or third parties commissioned by us the right to enter your property or business premises at any time for the purpose of collecting the ORIGINAL ALTEC products and other goods sold to you and which are our property Take ORIGINAL ALTEC products and other goods with you. The same applies if you have to collect our ORIGINAL ALTEC products and other goods from customers.
11.7.2 In order to avoid unnecessary costs, you hereby agree and expressly consent to this procedure.
11.7.3 You are obliged to reimburse us for all additional expenses and costs incurred in connection with asserting our claims for return or collecting our material.

12. Warranty
We are liable for defects in the delivery to the exclusion of further claims, without prejudice to point 12, as follows:
12.1 Obligation to return in the event of obvious and recognizable defects
Obvious and recognizable defects, shortages and incorrect deliveries must be reported immediately in writing on the consignment note, stating the delivery note number; otherwise the assertion of warranty claims is excluded.
12.2 Obligation to return in the event of non-obvious defects
Non-obvious defects are deemed to have been approved if they have not been reported to us in writing immediately after their discovery, but no later than 14 days after the transfer of risk, stating the delivery note number. In order to meet the deadline, timely dispatch is sufficient.
12.3 Repair, subsequent delivery, late fulfillment
12.3.1 In the event of defects, we will first, at our discretion, either repair the defect or deliver defect-free replacement goods. If supplementary performance fails, you can either request a reduction in price or withdraw from the contract. In the case of insignificant defects, withdrawal and refusal to accept or receive the goods are excluded.
12.3.2 You have the right to withdraw from the contract if we cannot fulfill your claim for supplementary performance by delivering defect-free replacement goods within four weeks. In addition, you are not entitled to any further claims, including compensation for damages caused by delay.
12.4 Proper use, compliance with maintenance work and tests Your claims also require that our parts are used correctly by professionally qualified personnel, that prescribed or necessary maintenance work and tests are carried out, as well as the technical regulations for scaffolding, in particular for construction, planning, as well as all technical and official regulations relevant to the specific use or legal requirements must be adhered to or observed.
12.5 Information in sales documents
12.5.1 Our sales documents contain neither quality information nor guarantees of properties. Only our order confirmation is decisive. As far as we refer to approvals or certifications, this means that our ORIGINAL ALTEC products and other goods meet the requirements for the said approval or certification to the required extent and under the requirements of the approval or certification.
12.5.2 This does not mean that our ORIGINAL ALTEC products and other goods will fulfill your specific intended purpose based solely on approval or certification.
12.5.3 Information about certification or approval does not release you from your obligation as a user to inform yourself about all technical and legal requirements for construction, statics, uses or intended use.
12.5.4 You must always use our ORIGINAL ALTEC products and other goods taking into account the specific static requirements, local conditions and the respective specific official or legal requirements.
12.6 Poor assembly and usage instructions
Inadequate assembly and usage instructions are only a minor, insignificant breach of duty. You are only entitled to delivery of fault-free operating instructions if otherwise proper use of our parts is not possible.
12.7 Legal consequences in the event of grossly negligent or intentional breach of duty
You are only entitled to further claims if we have intentionally or grossly negligently violated an obligation incumbent on us. The claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract in the case of slightly negligent breaches of duty. We are not liable for slightly negligent violations of insignificant contractual obligations.
12.8 Statute of limitations
Claims for material defects that are not based on a purchase of consumer goods expire, unless we can be accused of fraud, at the latest after one year from collection, delivery, handover or notification of readiness for dispatch.
12.9 Limitation of liability and statute of limitations
The aforementioned liability and limitation periods do not apply to claims arising from product liability, injury to life, body or health. Legal limitations of liability remain unaffected.
12.10 Recourse claims according to § 478 BGB
You as the purchaser have recourse claims against us as suppliers in accordance with Section 478 of the German Civil Code (BGB) only to the extent that you have not made any agreements with your customer that go beyond the statutory claims for defects.
12.11 Used products
In the case of used goods, the respective condition corresponds to the contractual quality. Wear or tear corresponding to the duration of use does not constitute a breach of essential contractual obligations. Otherwise, the warranty for material defects is excluded.

13. Binding written information
Verbal information from our employees is a voluntary service. All oral statements made by our employees are only legally binding with our written confirmation.

14. Binding delivery times, delivery dates
Our delivery times and dates are only binding if they are confirmed as binding by us in writing. Your fixed deadlines or dates are contradicted.
14.1 Information on delivery times, delivery dates, scope of delivery
Our written order confirmation alone is decisive for delivery times, delivery dates and scope of delivery. Delivery times or delivery dates specified by us are otherwise non-binding and indicate the expected day of dispatch or collection of the goods from our factory in Mayen. You bear the full burden of proof for all claims requirements. If a defect was wrongly reported, you will reimburse our expenses incurred.
14.2 Compliance with delivery times and delivery dates
A delivery deadline or a delivery date confirmed in writing is deemed to have been met if we have notified you of the readiness or completion or readiness for dispatch of the goods on the delivery date or by the end of the delivery deadline, if the goods have left our factory or the freight forwarder was handed over to the carrier or the person otherwise designated to carry out the shipment in such a way that, under normal circumstances, timely delivery can be expected.
14.3 Prerequisite for meeting deadlines and appointments
Compliance with any deadline or deadline is subject to the cumulative conditions that you submit all documents required by you, necessary approvals and releases, submission of plans in a timely manner and that you make the agreed payments on time and in full and are not in arrears with payments. If this is not the case, the deadlines or dates will be extended in accordance with the delay for which you are responsible.
14.4 Extension of deadline in the event of force majeure
Can we delay deadlines or dates due to force majeure, e.g. If, for example, a strike or lockout is not met, the contractual periods or dates will be extended appropriately.
14.5 Delay in delivery
We are in default of delivery if you have given us a reasonable grace period no earlier than 2 weeks after the non-binding delivery date or the non-binding delivery date and this period has expired without result. Any liability resulting from this is limited to cases of intentional or grossly negligent breach of contract.

15. Right of withdrawal in the event of a check or bill of exchange protest, suspension of payments, negative information
We are entitled to withdraw from the contract if we become aware of check or bill protests, payment suspensions or negative information about you.
15.1 Flat-rate compensation claim
If we declare withdrawal for these reasons, we are entitled to a flat-rate claim for damages amounting to 20% of the net order value. You have the right to prove to us that we did not suffer any damage or did not incur this amount. You cannot assert any further rights.
15.2 Possibility of design in the event of technical or material procurement difficulties for which we are not responsible
In the event of unforeseeable technical or material procurement difficulties for which we are not responsible, we are entitled to withdraw from the contract. In this case, there are no further unilateral or reciprocal claims.

16. Copyright, rights of disposal and exploitation, passing on documents and data to third parties
16.1 We reserve all rights to all documents and data communicated to you, in particular to offers, cost estimates, technical drawings, all illustrations and plans, in particular our property and copyright disposal and exploitation rights without restriction.
16.2 All of our documents and data may only be made accessible to third parties in whole, in part or in part, with prior written consent, made available, copied, reproduced or transferred to data carriers.

17. Meaning of pictorial or graphic representations, information on construction, statics, intended use or application
17.1 Pictorial or graphic representations of the possible or actual use of our parts are merely examples and serve only to illustrate the possible uses. You do not have any legally binding assurance regarding the type, possible or permissible application or method of use.
17.2 Information or representations regarding construction, structure, planning, security, statics, intended use or application are merely examples and therefore non-binding. Such information or representations do not release you from your obligation as a user to inform yourself about all technical and legal requirements for design, structure, planning, security, statics, uses or purposes.
17.3 You must always use our ORIGINAL ALTEC products and other goods taking into account the specific static requirements, local conditions and the respective specific official or legal requirements.
17.4 You are obliged to comply with or observe all relevant technical, official or legal requirements for the specific use.
17.5 We expressly point out that you, as the user of our ORIGINAL ALTEC products and other goods, are solely responsible for the safe assembly, conversion, dismantling, stability, type, choice, design and testing of fasteners, compliance with the relevant standards, in particular the DIN or EN standards, the technical rules for scaffolding, the generally recognized rules of technology for scaffolding planning, scaffolding construction and scaffolding execution, as well as compliance with all official requirements and legal regulations, in particular all building regulations or building regulations, the rules for work - and operational safety with particular attention to accident prevention regulations.
17.6 In addition, as a user of our ORIGINAL ALTEC products and other goods, you are responsible for the intended use and maintenance of the operational safety of the scaffolding, the correct labeling and
17.7 If the scaffolding structure differs from the standard design, you are responsible for ensuring that the stability is proven or established to the necessary extent, for example through implementation plans in individual cases, supplemented by your assessment based on professional experience.
17.8 In addition, our information in the assembly or usage instructions must also be observed.

18. Mixed use of ORIGINAL ALTEC products
18.1 All information or representations in our product brochures only apply when ORIGINAL ALTEC products are used exclusively. Our products are designed, manufactured and designed to function exclusively for use with other ALTEC products. ORIGINAL ALTEC products differ in design, material and manufacturing process from products from other manufacturers or replicas.
18.2 We cannot make any statements about non-system or mixed use of ALTEC products. This also applies when using replicas of ORIGINAL ALTEC products.
18.3 We therefore assume no liability if our ORIGINAL ALTEC products are used mixed with other products. You release us from any claims made by third parties in this regard.
18.4 As far as we provide information about product properties, possible uses, construction details, construction variants, anchoring, application techniques, technical data or compliance with legal regulations or standards, this information always only applies to ORIGINAL ALTEC products or their exclusive use.

19. Technical changes
Changes that serve technical progress can be made at any time.

20. Place of performance
The place of performance is, at our discretion, our registered office in Mayen or one of our distribution warehouses.

21. Exclusive place of jurisdiction
The exclusive place of jurisdiction, including in bill of exchange, check and document proceedings, is the Koblenz district court, which has first instance substantive and local jurisdiction over our place of business, regardless of the amount in dispute, in the event that the parties are registered traders, legal entities under public law or special funds under public law . The same applies if you do not have a general place of jurisdiction in Germany or if you have moved your place of residence or usual place of abode outside of Germany after conclusion of the contract or if your place of residence or usual place of abode is not known at the time the action is filed.

22. No UN Convention on Contracts for the International Sale of Goods
The law of the Federal Republic of Germany applies exclusively or primarily. UN Convention on Contracts for the International Sale of Goods does not apply.

23. Data protection, security
23.1 We collect your personal information solely for the purpose for which you provide your information. Your personal data will only be used within the ALTEC group.
23.2 You agree and authorize us to process, store and evaluate the data received in connection with the business relationship in compliance with the data protection regulations.
23.3 You can access our data protection declaration and further data protection information on our homepage at altec-alu.de.