General Terms and Conditions
The General Terms and Conditions (GTC) of the company Siegling-Steine-Erden and their clients. Our quotes on machinery, plants and mines follow the order of the customer.
1. Scope
1.1 The company Siegling-Steine-Erden and their clients provide all products and services solely under these Terms and Conditions (GTC). Conflicting or different terms of the customer are not recognised by Siegling-Steine-Erden and their clients, except where they have been expressly agreed.
1.2 The Genreal Terms and Conditions shall apply to the ordering and delivery of construction machinery, plants and mines of all types as well as other goods, which are carried out via the web platform of the Siegling-Steine-Erden on www.siegling-steine- erden.de or otherwise. With each purchase and sale, the customer agrees to these General Terms and Conditions.
2. Order, delivery, documentation
2.1 The product offers of Siegling-Steine-Erden and their clients are non-binding, unless they are expressly designated as binding.
2.2 Differing conditions entered on the order form or purchase order by the customer herewith contradicts Siegling-Steine-Erden and their clients. They are also not binding when Siegling-Steine- Erden or their client does not explicitly object to them.
2.3 Acknowledgment for the order is written or verbal confirmation from Siegling-Steine-Erden and their clients. In case of immediate execution of the order, the invoice shall be deemed confirmation. If the customer has objections to the contents of the order confirmation, they must object immediately. Otherwise the contract is based on the order confirmation.
2.4 All text, images, graphics, etc. Siegling-Steine-Erden and their clients are protected by copyright and other intellectual property laws. They will not be made available to third parties without prior consent of Siegling-Steine-Erden.
3. Delivery period
3.1 The delivery times and dates given by Siegling-Steine-Erden or their clients are not binding, if they have not been accepted by both parties as binding. Even agreed dates are not binding, if they have not specifically been accepted by both parties as such.
3.2 The delivery period begins with the order confirmation, but not before receipt of the necessary documents from the customer, including specifications about the technical details, permits, approvals and the stipulated deposit.
3.3 The delivery deadline is met, if, before its expiry, the shipment is ready for dispatch.
3.4 The delivery period shall be extended appropriately in the case of labor disputes and unforeseen obstacles, over which Siegling-Steine-Erden or their client has no influence, if such impediments delay the delivery of the goods at all. This is true even if these circumstances occur with sub-suppliers. The above also applies, if the described circumstances occur during an already existing delay.
3.5 If an delivery date exceeds 6 weeks from the agreed delivery date for reasons attributable to Siegling-Steine-Erden or their clients, the customer must give Siegling-Steine-Erden or their clients three weeks notice before the cancellation of the contract takes effect. Should the actual delivery date lie within these three weeks, the contract is not subject to cancellation. This does not apply if the need for a deadline has been removed due to extenuating circumstances under which the goods can no longer be supplied.
3.6 If deliver is delayed by Siegling-Steine-Erden or their client, they shall be liable for gross negligence in respect of the damages incurred by the customer due to the delay, but not for any fines or indirect damages.
3.7 If the customer does not retrieve the goods within two weeks of being notified of their readiness for dispatch, they will be responsible for the resulting storage costs, especially storage and capital costs as well as depreciation in the machine’s value.
3.8 Should the customer become more than two weeks (from the notification of readiness for dispatch) in arrears, due to failure to retrieve the goods, issue shipping instructions, meet his payment obligations for the goods or provide collateral, Siegling-Steine-Erden or their clients will issue a 2 week period of grace, after which they are entitled to either withdraw from the contract or claim damages for non-fulfillment of at least 15% of the contract price exclusive of VAT, except where the customer can prove that the damages inncurred by Siegling-Steine-Erden or their clients are lower.
4th prices
4.1 The published prices are in EURO and exclusive of VAT. The right to prior sale is reserved. It does not include the dismantling, shipping and transportation costs. Siegling- Steine-Erden and their clients reserve the right to alter prices at any time.
4.2 For the construction machinery, processing plants and goods purchased by customers, the prices in the order confirmation or the verbally confirmed prices shall prevail.
4.3 The transport of goods is at the expense and risk of the customer.
4.4 If between the completion of the contract and the execution of the order, unforseeable cost increases occur to Siegling- Steine-Erden or their client, they shall be entitled to adjust prices to bring them in line with the changed circumstances but without adjusting to inclulde an additional profit.
5. payment
5.1 All payments are to be made, in the absence of any other agreement, in advance to Siegling- Steine-Erden or their client (as agreed in the contract):
5.2 Bills of exchange and cheques are only accepted when expressly agreed. Discount charges and other charges are to be borne by the customer.
5.3 Additional letter of credit costs and foreign exchange losses are to be borne by the customer.
5.4 All debts owed to Siegling-Steine-Erden and their clients will become due immediately if the customer does not meet the payment conditions. If several machines, plants or other goods are sold together, all items purchased are to be paid before they are delivered.
6th Billing and Retention
6.1 The customer is not allowed to settle debts owed to Siegling-Steine-Erden or their client with a written acknowledgement of an, or a legally established, assignment of claim.
6.2 The right of retention is not permitted by the customer.
7th Risk / Dispatch
7.1 Property, ownership and risk are, upon receipt of payment, transferred from Siegling-Steine-Erden or their client to the customer, or vice versa during an acquisition.
7.2 Deliveries are made at the customer’s risk. Siegling-Steine-Erden or their client have fulfilled their delivery obligation when the goods have been properly passed to the carrier or forwarding agent for loading. This applies even in cases when free carriage is agreed.
7.3 If delivery is delayed due to circumstances for which the customer is responsible, the customer carries the risk from the original date of dispatch.
7.4 If the method of shipment, the route or the courier is selected by Siegling-Steine-Erden or their client, they are liable only for gross negligence which occurs due to the relevant selection.
8th Data Protection
8.1 Siegling-Steine-Erden their clients ensure, in the collection, processing and use of personal data, to abide by the provisions of the Data Protection Act (DPA) and the relevant legal standards.
Information provided by the customer will be kept confidential. No forwarding of such data to third parties will occur.
8.2 The customer hereby expressly agrees to the use of his data.
9th warranty
9.1 The website of Siegling-Steine-Erden and other documentation has been compiled with the utmost care. Nevertheless, Siegling-Steine-Erden and their clients do not guarantee the correctness and accuracy of the information contained herein. It excludes all liability for damages incurred directly or indirectly from the use of the website.
9.2 Where reference is made from this website to websites operated by third parties, Siegling-Steine- Erden and their clients accept no responsibility for their content.
9.3 In addition, the Company reserves the right to make changes or additions to the information.
9.4 The customer must check when receiving or accepting each shipment on functionality and completeness. Complaints are to be sent to Siegling-Steine-Erden or their contractor in writing. The customer is responsible for obtaining all carrier reports.
9.5 Any delivery is considered “as inspected and agreed.” Any liability for faults or defects and guarantee claims are excluded.
9.6
When purchasing through Siegling-Steine-Erden the goods must remain unchanged between the time of purchase and delivery, in a technical and visual condition, otherwise Siegling-Steine-Erden can lawfully claim defect rectification, alterations or a price reduction.
10th Reservation of ownership
10.1 Siegling-Steine-Erden and their clients retain ownership of all goods delivered by them, including built-in accessories, spare parts or replacement units, until full payment for all contracts has been explicitly received. Such claims include cherubs, bills of exchange and current open invoices. If, in connection with the payment, a liability occurs due to currency exchange, the retention of ownership shall not expire until the claims of Siegling-Steine-Erden and their client from the exchange have been settled.
10.2 In the event of seizure or other interventions by third parties, the customer must notify Siegling- Steine-Erden and their client immediately. The customer bears all costs necessary to lift the seizure and the replacement costs will be applied, as far as they cannot be recovered from the third party.
10.3 The customer is entitled to use the delivery item within the ordinary course of business, unless subject to an important reason, Siegling-Steine-Erden reclaims complete ownership of the item. In particular, unauthorized transfer of ownership as a security on a debt and pawning.
10.4 In the event of resale, the customer hereby assigns all claims arising from the resale, especially for payment but also other claims related to the sale in the amount of the invoice total (including VAT) to Siegling-Steine-Erden and its client, regardless of whether the delivered item has been resold without or after repairs.
10.5 Siegling-Steine-Erden and its client are also entitled, without the cooperation of the buyer, to take the necessary legal action on the effectiveness of reservation of ownership, under the law applicable at the headquarters or habitual residence of the buyer.
11th Place of fulfillment, Jurisdiction, Applicable Law
11.1 The place of fulfillment for delivery and payment for both parties is the headquarters of Siegling- Steine-Erden.
11.2 The place of jurisdiction for all disputes arising from the contractual relationship, its creation and its effectiveness resulting in litigation, is for both parties, the headquarters of Siegling-Steine-Erden.
11.3 These Terms and Conditions and the entire legal relationship between Siegling-Steine-Erden, and their clients, and their customers are subject to the provisions of German law.
12th Changes
12.1 Siegling-Steine-Erden and their clients reserve the right to amend these Terms and Conditions at any time and to apply them immediately.
12.2 Supplementary agreements and assurances such as changes or additions to a written contract must be in writing.