These General Terms and Conditions (“GTC”) for the company Screwerk GmbH shall apply to all business transactions between the Customer and Screwerk GmbH (“Seller”).
The customer’s own terms and conditions are hereby objected to and shall be excluded.
Conclusion of contract
The Seller sells its products exclusively to commercial customers and companies – NOT to private persons and/or consumers.
A minimum order value of € 15.00 is required. An additional fee will be charged for orders less than the € 15.00 minimum required.
When an order is placed (as part of the online ordering process, by email, fax or on the telephone), the Customer makes a binding offer to enter into a contract. The contract is only concluded when the Customer receives the “Order Confirmation” document from Screwerk. (Please note that the “Order Placement” page generated in the online shop merely records receipt of your purchase order and is not intended as final verification of the order.)
Prices and terms of payment
The prices indicated are net prices (without VAT sales tax), and are quoted ex works, excluding packaging and shipment fees.
Packaging shall be charged at cost price and will not be taken back.
The Seller reserves the right to require advanced payment prior to delivery. This shall apply in particular to orders placed by Customers in foreign countries and new customers. Furthermore, the Seller reserves the right to stop processing all of the Customer’s orders in the case of late payments and to only resume processing them upon advanced payment./li>
If delivery is made on open account, the Customer is obligated to pay the full amount of the invoice without any deductions within 30 days of the invoice date. If payment is made within ten days of the invoice date, the Seller shall grant the Customer a 2% discount of the invoiced amount. The legally applicable interest rate will be charged starting from the final due date.
Terms of shipment
If no special shipment method has been agreed upon with the Customer, the Seller may choose the method of shipment at his discretion.
Shipment fees will be invoiced to the Customer at a flat rate for the cost price.
Shipment ex-works using UPS, DHL, FedEx and TNT is available if you provide your customer account number. You can also pick up your purchases from our warehouse.
A general right of return is not granted to the Customer. If the Seller allows the Customer to return merchandise as a gesture of goodwill, it should be noted now that the following conditions must be met:
The delivery batch is clearly traceable and
The merchandise is sent back in the original packaging at the Customer’s expense and
If the delivery batch is not sent back in its entirety, the Customer will be billed additionally for the higher unit price of the products which he keeps and these additional charges will be deducted from the purchase price to be refunded.
Prior sale and reservations
If the Seller makes an offer on his part, he reserves the right to prior sale of the products being offered for sale. In agreement with the Customer, it is possible to reserve products for a limited time in special cases.
Retention of title
The products shall remain the property of the Seller until full payment of the purchase price due has been made.
Liability for defects – liability limitations
The Customer is entitled to the German statutory warranty rights within the limits outlined below. Please note that due to the exclusion rule in the German Commercial Code, the Customers is required to inspect the products upon delivery without undue delay and to inform the seller of any defects (§ 377 HGB).
The liability for damages of the Seller, his legal representatives, or vicarious agents due to a breach of contractual obligations or due to a crime is limited to willful intent and gross negligence. This shall not apply to claims resulting from injury to life, body and health, nor to claims which result from an infringement of any of the essential contractual obligations in this contract. In such cases, the Seller shall also be liable for minor negligence.
With the exception of liability for injury to life, body or health, the liability of the Seller, his legal representatives or his vicarious agents shall be limited to foreseeable damage typical for this type of contract.
Claims arising from the German Product Liability Act shall remain unaffected.
Applicable law/ place of jurisdiction
The laws for the Federal Republic of Germany shall apply to all business transactions between the Seller and the Customer under exclusion of the laws on international sale of movable goods.
The exclusive place of jurisdiction for disputes relating to all of the legal transactions between the Seller and Customer is the District Court of Iserlohn.