{"id":452,"date":"2020-02-24T13:56:49","date_gmt":"2020-02-24T12:56:49","guid":{"rendered":"https:\/\/dev.cut-wasserstrahlschneiden.de\/?page_id=452"},"modified":"2026-03-25T15:15:58","modified_gmt":"2026-03-25T14:15:58","slug":"delivery-terms","status":"publish","type":"page","link":"https:\/\/www.cut-wasserstrahlschneiden.de\/nl\/delivery-terms\/","title":{"rendered":"ALB"},"content":{"rendered":"
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Delivery terms<\/b><\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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1. Geltung<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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(1) All deliveries, services, and offers by CUT Wasserstrahlschneidtechnik GmbH, Konstantinstr. 365, 41238 M\u00f6nchengladbach (hereinafter referred to as \"Contractor\") are made exclusively based on these General Terms and Conditions of Delivery. These are part of all contracts concluded by the Contractor with its contractual partners (hereinafter referred to as \"Client\") regarding the deliveries or services offered by the Contractor. They also apply to all future deliveries, services, or offers to the Client, even if they are not separately agreed upon again.<\/p>

(2) The Client's or third parties' terms and conditions do not apply, even if the Contractor does not expressly object to their applicability in an individual case. Even if the Contractor refers to a letter containing the Client's or a third party's terms and conditions, or refers to them, this does not constitute acceptance of the applicability of those terms and conditions.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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2. Angebot und Vertragsabschluss<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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(1) All offers from the Contractor are non-binding and without obligation, unless explicitly stated as binding or containing a specific acceptance period. Orders or contracts can be accepted by the Contractor within 14 days of receipt.<\/p>

(2) The written purchase or service contract, including these General Terms and Conditions of Delivery, is solely decisive for the legal relationship between the Contractor and the Client. This contract fully reflects all agreements between the parties concerning the subject matter of the contract. Oral promises made by the Contractor before the conclusion of this contract are legally non-binding, and oral agreements between the contracting parties are replaced by the written contract, unless it is expressly stated that they remain binding.<\/p>

(3) Amendments and supplements to the agreements made, including these General Terms and Conditions of Delivery, require written form to be effective. Employees of the Contractor, except for managing directors or authorized signatories, are not authorized to make oral agreements deviating from the written agreement. Telecommunication transmission, especially by fax or email, is sufficient to maintain written form, provided that a copy of the signed declaration is transmitted.<\/p>

(4) Information from the Contractor regarding the subject matter of the delivery or service (e.g., weights, dimensions, usage values, load capacity, tolerances, and technical data) as well as illustrations thereof (e.g., drawings and images) are only approximately decisive, unless the use for the contractual purpose requires exact conformity. These are not guaranteed characteristics but descriptions or indications of the delivery or service. Usual commercial deviations and deviations resulting from legal requirements or technical improvements, as well as the replacement of components by equivalent parts, are permissible, provided they do not impair the usability for the contractual purpose.<\/p>

(5) The Contractor retains ownership or copyright of all offers, cost estimates, drawings, images, calculations, brochures, catalogs, models, tools, and other documents and aids provided to the Client. The Client may not make these items accessible to third parties, disclose them, use or reproduce them either personally or through third parties without the Contractor's explicit consent. Upon the Contractor's request, the Client must return these items in full and destroy any copies made if they are no longer needed in the regular course of business or if negotiations do not result in a contract. Exceptions include the storage of electronically provided data for the purpose of regular data backup.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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3. Preise und Zahlung<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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(1) The prices apply to the scope of services and deliveries listed in the order confirmations. Additional or special services are billed separately. The prices are in EUR ex works, plus packaging, statutory VAT, customs duties, fees, and other public charges for export deliveries.<\/p>

(2) If the agreed prices are based on the Contractor's list prices and delivery is to take place more than four months after the conclusion of the contract, the list prices valid at the time of delivery apply (less any agreed percentage or fixed discount).<\/p>

(3) Invoice amounts are to be paid within fourteen days without any deductions unless otherwise agreed in writing. The date of payment is determined by the receipt by the Contractor. Payment by check is excluded unless specifically agreed. If the Client fails to make payment on the due date, the outstanding amounts will be subject to interest at a rate of 5% per annum from the due date; the assertion of higher interest and further damages in case of delay remains unaffected.<\/p>

(4) Offsetting with counterclaims by the Client or withholding payments due to such claims is only permissible if the counterclaims are undisputed or legally established or arise from the same contract under which the respective delivery was made.<\/p>

(5) The Contractor is entitled to make outstanding deliveries or services only against prepayment or provision of security if circumstances become known after the conclusion of the contract that significantly impair the Client's creditworthiness, which endangers the payment of the Contractor's outstanding claims from the respective contractual relationship (including other individual orders under the same framework agreement).<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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4. Lieferung und Lieferzeit<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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(1) Deliveries are made ex works.<\/p>

(2) Deadlines and dates for deliveries and services indicated by the Contractor are always approximate and non-binding, unless a fixed deadline or date is expressly promised or agreed upon. If shipment has been agreed upon, delivery deadlines and dates refer to the time of handing over to the carrier, freight forwarder, or any other third party assigned with the transport.<\/p>

(3) The Contractor may \u2013 regardless of its rights in the event of delay by the Client \u2013 request an extension of delivery and performance periods or a postponement of delivery and performance dates by the period during which the Client fails to fulfill its contractual obligations to the Contractor.<\/p>

(4) The Contractor is not liable for impossibility of delivery or delays if these are caused by force majeure or other events that were unforeseeable at the time of the contract conclusion (e.g., operational disruptions of any kind, difficulties in material or energy procurement, transport delays, strikes, lawful lockouts, lack of labor, energy or raw materials, difficulties in obtaining necessary official approvals, government measures, or the failure or incorrect or delayed delivery by suppliers) for which the Contractor is not responsible. If such events significantly complicate or make the delivery or service impossible for the Contractor, and the hindrance is not of a temporary nature, the Contractor is entitled to withdraw from the contract. In the case of temporary hindrances, delivery or service periods are extended, or delivery or service dates are postponed by the duration of the hindrance plus a reasonable startup period. If the delay makes it unreasonable for the Client to accept the delivery or service, the Client can withdraw from the contract by immediate written notice to the Contractor.<\/p>

(5) The Contractor is entitled to partial deliveries<\/p>

(6) If the Contractor delays a delivery or service, or if delivery or service becomes impossible for any reason, the Contractor's liability for damages is limited in accordance with \u00a7 8 of these General Terms and Conditions.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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5. Erf\u00fcllungsort, Versand, Verpackung, Gefahr\u00fcbergang, Abnahme<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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(1) The place of performance for all obligations arising from the contractual relationship is M\u00f6nchengladbach, unless otherwise specified. If the Contractor is also responsible for installation, the place of performance is the location where the installation is to take place.<\/p>

(2) The method of shipment and packaging are at the discretion of the Contractor.<\/p>

(3) The risk passes to the Client at the latest upon handover of the goods (with the start of loading being decisive) to the carrier, freight forwarder, or any other third party assigned with shipping. This also applies if partial deliveries are made or if the Contractor has assumed other services (e.g., shipping or installation). If shipping or handover is delayed due to circumstances caused by the Client, the risk passes to the Client from the day the goods are ready for shipment and the Contractor notifies the Client.<\/p>

(4) The Client bears storage costs after the transfer of risk. If storage is carried out by the Contractor, the storage costs amount to 0.25% of the invoice amount of the stored goods per week. The Contractor reserves the right to assert higher or lower storage costs.<\/p>

(5) The shipment will only be insured by the Contractor upon the Client's explicit request and at the Client's cost, against theft, breakage, transport damage, fire and water damage, or other insurable risks.<\/p>

(6) If an acceptance is required, the goods are considered accepted if:<\/p>