General Business Conditions of the R&G Faserverbundwerkstoffe GmbH
Validity of the Conditions
All consignments, services and quotations are based solely on these business conditions. These conditions are considered to be agreed upon as soon as an order is placed or services/consignments accepted.
Offers referred to in catalogues, brochures, advertisements, etc. are subject to confirmation and without obligation. This also applies to the prices quoted. Quotations issued upon special request shall be upheld for the period of 30 days.
Despatch will normally be within 48 hours following receipt of order. Depending on order volume, extended delivery time is applicable to items for a specific order, i.e. special filling or packaging requirements. Quoted delivery times will be observed in as far as this is possible. Should we be in default, the buyer has the right to withdraw from the contract as stipulated in the following conditions:
A six week period shall prevail as the legal period of time provided by the buyer as additional respite. This period shall commence following receipt of additional respite notice by the seller. Compensation claims due to nonfulfilment are excluded. Extended liability in compliance with paragraph 287 of the German Federal Law Book (BGB) is excluded.
Guarantee and Liability
Should the supplied product prove to be faulty or should it be determined that important guaranteed features are missing or if the product should become defective due to manufacturing or material faults, we shall choose whether to supply a replacement product or repair accordingly. This shall be understood to exclude all other guarantee claims made by the buyer, particularly excluding all kinds of consequential damages incurred by the buyer. Multiple improvements are permissible. The guarantee liability shall be valid for a period of 6 months, unless otherwise specified, and shall begin on the date of delivery. Upon arrival the buyer must immediately check that the consignment is complete and determine any obvious faults. All obvious faults must be reported to us in writing no later than two weeks following receipt of consignment. The faulty items should be maintained in the condition they were in when the faults were determined and made available for inspection by the seller. Any infringement of the above obligations shall lead to the exclusion of all guarantee claims. Loss or damage during transport shall be reported by the buyer to the transport agent. An appropriate written confirmation shall be issued before the consignment is accepted (recording of the facts by the parcel service, post office, rail company, forwarding agent).
Should the improvement to the product or the replacement product within the period of additional respite fail, the buyer may demand either remuneration or contract rescission. The aforementioned conditions do not apply to second-hand items – these are supplied without any form of guarantee. Compensation claims on the grounds of impossibility of performance, nonfulfilment, positive claim infringement, fault when closing contract and impermissible action shall be excluded as long as they were not wilfully brought about or the result of gross ignorance.
We print an expiration date on most of our products. This information is voluntarily and only meant as an indication. Resins and hardeners do not have a limited shelf life like e.g. groceries.
We guarantee the durability of the products up to the printed expiration date, if the product was stored correctly, at appropriate temperature, protected from direct sunlight (UV) and in its original unopened container.
However, this does not exempt the buyer from their obligation to test the products and valuate the suitability for their own application itself.
R&G refills aero resins very carefully. Traceability is ensured by the lot number and test certificate. The manufacturers of these resins ensure the storage period, but only for their original containers. The customer has to decide himself, if he trusts the filling by R&G or rather falls back on an original container. Original containers are available at R&G, but mainly in 200 kg barrels only. Most manufacturers do not provide smaller containers, these are usually only available in dealer fillings.
Reservation of Title
We shall maintain reservation of title to the supplied goods until all our legal claims on the buyer, whether current or future, have been settled. The buyer shall have no power of disposition for reserved goods. The buyer shall specifically refer to our reservation of title following claims by third parties – particularly claims by the bailiff – and immediately inform us accordingly. All costs and damages shall be borne by the buyer. Following any infringement by the buyer – especially with reference to default in payment – we shall have the right to take back the reserved products and all such costs shall be borne by the buyer.
Subsequent orders may be invoiced following appropriate agreement. Delivery abroad is either by pre-payment or by cheque/credit card or PayPal. We reserve the right to refuse acceptance of cheques and bills of exchange. Acceptance will only be issued on account of payment. Discount charges and bill of exchange charges shall be borne by the buyer and are immediately payable. Should the buyer fail to pay on the due date, we have the right to charge interest at the rate charged by commercial banks for current account loans – however, at least 4 % above the discount rate of the Federal Bank plus VAT. Interest payments are due for settlement immediately.
If the customer is unable to meet his payment obligations, particularly if a cheque or bill of exchange is not honoured, or if his payments are terminated or if we gain knowledge of any circumstances having a negative influence on the financial credibility of the buyer, we shall have the right to debit the complete remaining debt, such right being applicable even if we are already in possession of a bill of exchange or cheque. Furthermore, we shall have the right to demand pre-payments or collateral security for all other amounts and to withdraw from these contracts or demand compensation on the grounds of non-fulfilment following an appropriate period of additional respite. The buyer shall only have an offsetting right if the counterclaim is incontestable or finally and conclusively determined.
Place of Performance and Place of Jurisdiction
Place of performance and place of jurisdiction for consignments, services and payments and any other disputes shall be the permanent abode of the buyer. If the buyer is a full business merchant, legal entity of public law or separate assets under public law, the agreed place of jurisdiction shall be Böblingen. This agreement shall also apply if the buyer does not have a domestic general place of jurisdiction, transfers his permanent or usual abode out of the country following contract negotiation or if his place of abode of residence whereabouts are unknown at the time of filing an action.
Contractual Alterations and Partial Ineffectiveness
Any additional or differing agreements must be recorded in writing before becoming part of the contract. Should one or more of the aforementioned conditions be or become invalid, the validity of all other conditions shall not be effected. The invalid condition shall be replaced by a condition able, in as far as possible, to realize the commercial purpose intended. The leading lines (captions) shall be regarded solely as a method of offering an improved overview and have no material significance. In particular they do not have any significance with regard to a conclusive regulation.
Your address will be stored in our electronic data processing system. Please inform us of changes in your address to enable us to forward upto- date information and proposals without delay. We guarantee that your personal details will be treated with strict confidence. If you do not agree to your address being stored, we shall, of course, delete it from our system immediately
Alternative Dispute Resolution
The EU Commission provides an online dispute resolution platform at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchases or service contracts in which a consumer is involved.
The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer complaint office.