General Business Terms and Conditions
Terms of Sale, Delivery and Payment - Inland
The following contractual conditions regulate the business relations between Paesel Lorei and a contractual partner - hereinafter referred to as Buyer. They are not applicable to contracts with consumers according to § 13 BGB (German Civil Code). Deliveries to consumers in the meaning of the afore-mentioned regulation are subject to the legal stipulations of the German Federal Republic.
Orders
All concluded contracts only become binding for Paesel Lorei after they have been confirmed in writing by the contractual partner or are executed as a result of the delivery of the merchandise. In the event that orders contain details concerning the manner of packaging, weight and quality of the merchandise that differ from those in the quotation, then Paesel Lorei shall be entitled to deliver according to the quotation or the condition that comes closest to the order.
Prices
Prices are calculated on the basis of the prices that are valid on the given day of delivery and under due observation of existing price regulations. The prices are calculated in Euro. The value-added tax is separately indicated. Paesel Lorei retain the right to change prices. The Buyer will be informed accordingly beforehand. A service lump sum amounting to € 1.65 VAT is levied per order.
Delivery
Delivery dates/deadlines are not binding, but they will be fulfilled wherever possible. Compensation and the right of rescission cannot be claimed as a result of a delayed delivery - other than a fixed business transaction is concerned which was agreed accordingly. The same applies to delivery disruptions and loss of production on account of article specific properties; in such instances Paesel Lorei will be entitled to withdraw partly or entirely from the delivery obligations.
Packaging
The selling prices include internal and external packaging. Exceptions are products which, on account of their specific peculiarities (hazard class, radio activity, perishable), must be supplied in special containers (steel containers, dry ice, and the like). The incurred costs will be separately charged.
Dispatch
The Buyer will indicate to Paesel Lorei the address to which the merchandise is to be delivered. The risk passes on to the Buyer as soon as the merchandise has been delivered to the given address. Within the framework of the subsequent regulations Paesel Lorei will take over the forwarding costs. Provided that a minimum order value of € 50.- is observed, then Paesel Lorei will deliver freight-free and postage-free to receiving stations within the German customs area. Buyers will be separately charged for transport costs associated with the delivery of radio-active substances. The Buyer retains the right to select the most economic dispatch route. In the event that the Buyer selects a special dispatch route, then Paesel Lorei will be entitled to charge the increased costs.
In the event that delivery to a foreign destination has been agreed, then the Incoterms are exclusively applicable, but if the legal matters are not regulated within this framework, then German Law shall be applicable.
Payment
Invoices from Paesel Lorei are immediately payable without any deduction on receipt of the invoice. If direct bank debiting within 4 days of receiving the invoice has been agreed, then a 1.5% discount will be granted. The Buyer can only set off claims originating from the same legal relationship, or exercise a right of retention, if Paesel Lorei have recognized the counter claims in a legally binding manner. Payment is considered to have been received when the invoiced amount is available to Paesel Lorei.
Complaints and taking back
Complaints will only be considered if they were filed within 8 days of receipt of the merchandise. The Buyer is obliged to instantly check the merchandise upon receipt. The complaint must be submitted in writing. The delivery note must be included with the complaint. The Buyer’s claim that an object is faulty does not automatically entitle the Buyer to reduce or retain the purchasing price. If the notified fault is recognized by Paesel Lorei, then, under exclusion of all further claims, Paesel Lorei are only obliged to deliver a fault-free replacement under the exclusion of any further material faults rights. Sold merchandise cannot be returned or exchanged. The storage of returned merchandise is only possible if their return was previously agreed in writing with the Buyer. Paesel Lorei retain the right to destroy merchandise that has been returned unrequested.
Retention of title
All merchandise deliveries remain the property of Paesel Lorei until total payment of all demands and until any resulting current account balance to the debit of the Buyer has been settled. The Buyer is entitled to dispose of the merchandise by way of orderly business operations. Pledging or transfer by way of a security to third parties is impermissible and ineffective vis-à-vis Paesel Lorei.
Paesel Lorei must be immediately notified of an attachment or any other form of seizure. Moreover, the Buyer is obliged to give Paesel Lorei all possible support in intervention against the judgement creditor.
If the Buyer suspends payment then, from the very first day and thereafter, the Buyer no longer has the right to dispose of the merchandise. Paesel Lorei must be immediately notified of a suspension of payment and the still existing stocks must be disclosed. The Buyer is obliged to insure the merchandise against all insurable damage.
The Buyer’s claims resulting from insurance agreements are herewith assigned in advance to Paesel Lorei. If the Buyer processes the merchandise, then the ownership of the created semi-finished and finished products is herewith transferred to Paesel Lorei. The Buyer is the custodian of the merchandise until it has been sold. If the delivered merchandise is mixed with other objects, then the Buyer herewith assigns co-ownership to the mixed stock or new object to Paesel Lorei. If the Buyer contravenes these obligations, then Paesel Lorei is entitled to demand the restoration of the merchandise without withdrawing from the contract.
Place of jurisdiction and applicable law
Place of performance and jurisdiction is Duisburg. German Law is exclusively applicable provided that this is not regulated otherwise by imperative international regulations.
Special agreements / Data protection
Any agreements deviating from these Conditions are only applicable if they have been confirmed in writing by both parties. Otherwise these Conditions are exclusively authoritative and definitive, even if the Buyer’s Purchasing Conditions have not been contradicted.
The Buyer’s data are only stored to the extent that they have to be stored for the contractual agreement and its settlement and is the result of legal documentation obligations. The Buyer can demand at any time that the data be deleted provided that the data are no longer required to settle pending orders and if storage is necessary within a legally stipulated time frame on account of legal documentation obligations.