Im Suedfeld 3 | 48308 Senden | Germany Tel.: +49 (0) 2536 9939 0 | Fax: +49 (0) 2536 9939 20
General Terms and Conditions of the Cordes Group companies* *Theodor Cordes GmbH & Co. KG // CTS Cordes tubes & seals GmbH & Co. KG // CSI Cordes sealing systems int. GmbH // BGT Boizenburger Gummitechnik GmbH & Co. KG 1. Delivery Terms 1.1. Our offers are always non-binding, unless otherwise agreed in writing. Delivery and charging will be done at the prices and terms applicable at the day of dispatch or pick-up. We are entitled to supply partial deliveries. Unless otherwise expressly agreed in writing, the delivery in Germany is free, if the closed packet has a value of goods of at least EUR 2,000.00 net. If express delivery is required, the customer shall bear the additional cost. The minimum order value is EUR 150.00 net. The goods are shipped at the recipient’s risk. 1.2. We assume the obligation to keep to delivery dates as agreed only provided that the production process runs undisturbed. Force majeure or other comparable events at our companies or our suppliers’ companies shall release us from the obligation to deliver in due time and extend the delivery period by the duration of the disturbing event. If the given disturbances cause the impossibility to perform, we are entitled to withdraw from the contract in whole or in parts. Lack of energy and resources, official orders, effects of industrial action, traffic and business disruptions, etc. will suspend our obligations to supply as well. 1.3. Complaints of any kind must be sent to us in writing promptly, at the latest though within 14 days after the goods were received. We reserve the right to customary and technically unavoidable deviations of specific weights, dimensions, and colours. 1.4. Pallets, crates, and other special packaging shall remain our property or they will be invoiced at cost price. Bags, cardboard boxes, and paper packaging will be provided free of charge. 2. Payment Terms 2.1. Our invoices are payable free of postage and costs: with a discount of 2 percent if paid within 10 days after the invoice date; net cash if paid within 30 days after the invoice date. The end of the discount period and the end of the net cash period are respectively shown on the invoice. The cash account shall not be allowed for payment with bills and only provided that any due liabilities from previous deliveries are fully paid. Checks are regarded as cash payment. 2.2. After the "net cash" due date (end of net cash period), default interest will be charged, namely at the rate of 5 percent above the applicable base lending rate published by the European Central Bank. 2.3. Bills and checks will be credited only provided that the full amount is correctly received. The buyer shall bear the costs and discount charges. In either case, we reserve the right to collect foreign and own bills of exchange. In general, we collect bills of exchange only provided that in case of protest any possibly current bills of exchange will be returned and our claimed liabilities set off against the bills of exchange and exceeding will promptly become due for payment. 2.4. We reserve the right to cancel the credit accommodation at any time. We also reserve the right to request payment in advance, cash on delivery, or cash payment for our deliveries as the case arises. 2.5. Refund of payments or set-off by the buyer based on unacknowledged counterclaims shall be excluded. 3. Liability 3.1. We guarantee the use of faultless material, technically correct execution, and compliance with DIN standards of dimensioning and performance, if agreed so with the customer. Our consulting service is based on the results of many years of experience. However, it is non-binding and does not exempt the customer from checking himself that the goods are suited for his purposes. 3.2. If the quality of the goods is rightly objected to, we will repair or replace them or take them back and refund the purchase price at our own option. Lacking goods will be supplied later, if possible, otherwise we will issue a credit note. 3.3. Any legal and contractual claims exceeding said claims shall be excluded. We do in particular not assume any liability for material or financial damages of the customer or his customers, unless they are damages which relate to health effects, human injury or loss of life or damages caused by gross negligence. 3.4. Our warranty for defects does not cover natural wear or improper handling and damages caused by incorrect or negligent handling, excessive strain, improper means of production, non-observance of the DIN recommendations regarding handling, inspection, and storage or other effects that are not our fault. Our liability shall also not apply, if the customer or a third party modify or improperly repair the delivered goods. 3.5. In case of deliveries and services including third-party products, the terms of liability of the supplier shall apply. 3.6. The warranty period shall be one year notwithstanding the statutory rules. This applies also to claims for damages and additional claims. Any warranty claims for used goods are excluded. 4. Reservation of title 4.1. We reserve the right to ownership of the supplied goods and services until any liabilities resulting from the business relationship with us are fully paid. 4.2. The customer shall inform us promptly prior to garnishment or any other impairment of our property rights by third parties and confirm the property right in writing to us and to third parties. Bailment or transfer by way of security of the supplied goods subject to reservation of title shall be forbidden to the customer. 4.3. The customer shall insure the goods subject to reservation of title adequately in particular against fire and theft. Claims against an insurance company resulting from damages shall be assigned to us here and now at the amount of the value of the goods subject to reservation of title. 4.4. In case of the buyer processing, combining, or mixing the goods with other goods which are not the property of the buyer we are entitled to co-ownership in the new matter in proportion to the value of the goods subject to reservation of title. 4.5. The buyer shall be authorized to dispose of the goods subject to reservation of title within the ordinary course of business. Claims of the buyer from the disposal will be assigned to us at the amount of the nominal value of the goods subject to reservation of title, unless the buyer has already fully paid the goods. 5. General Conditions 5.1. These General Terms and Conditions shall apply to all our deliveries and services. 5.2. The place of delivery and payment shall be Senden-Bösensell. The place of jurisdiction shall be the (local court) Coesfeld or the Landgericht (district court) Münster/Westphalia. 5.3. We reserve the right to ownership and the copyright of estimates, samples, drawings, and other documents, with which we provide the customer in connection with the offer or delivery. They must not be disclosed to third parties and must be returned upon request. 5.4. The above terms and conditions shall be acknowledged by placing the order or accepting the delivery. Terms to the contrary shall be effective in individual cases only if we accepted them in writing. The invalidity of individual provisions shall not affect the validity of the remaining provisions. 5.5. Agreements made by phone or otherwise orally must be made in writing to become effective. 5.6. In case we accept goods that are returned through no fault of our own, we will charge the incurred freight charges plus 15 percent lump sum costs if the delivery was free. In case of uncertainties, the German version of these General Terms and Conditions shall take priority. As at January 2007
Sealing systems for sewers
Product range - if required - monitored and certified acc. above standards. Contents such as technical specifications, values, and dimensions are given to the best of our knowledge, however, without any guarantee and liability. If not specified otherwise, dimensions are given in millimetres. Our General Terms and Conditions shall apply.