General Terms and Conditions of Sale and Delivery for Transactions Aboard

General Terms and Conditions of Sale and Delivery for Transactions Aboard, Status: 2022

  1. General

    1. All deliveries and services are subject to these conditions and separate, contractual conditions that may apply. Additional or contradictory terms and conditions of business of the Principal shall not apply even if the Con- tractor does not contradict such conditions or renders the service unconditionally although it is aware of condi- tions to the contrary. Silence on the part of the Contractor does not constitute any form of approval.

    2. These conditions also apply to all future contracts entered into between the Contractor and Principal.

    3. Offers made by GB STC GmbH & CO KG are subject to order confirmation and are not binding unless separate written agreements have been made. An order is only be valid with the written order confirmation GB STC GmbH & Co KG.

    4. The Contractor reserves all ownership and copyrights to offers, samples, cost estimates, drawings and similar information – including in electronic form. These may only be amended and/or made available to third parties following written approval by the Contractor.

  1. Prices and payment

    1. In the absence of a separate agreement, the prices apply ex works and exclude loading at the works. The packaging shall be invoiced separately. The prices are to be understood as net prices plus turnover tax at the respective, statutory amount insofar as turnover tax is applicable.

If INCOTERMS have been agreed upon, these apply as stated in the version that is valid at the time of entering into the contract. The Contractor rejects the DDP clause as a matter of principle. The insurance amount for delivery conditions in the case of which the Contractor is to provide insurance is limited to 110%.

    1. In the absence of a separate agreement, payment is to be made within 30 days from receipt of the invoice, with-out deducting any taxes, fees or banking charges, by way of a bank transfer to the Contractor’s account stated in the invoice. Crediting on the account is authoritative in respect of adherence to the payment period. In the case of delayed crediting, the Contractor shall be entitled to interest on payment in arrears in the sum of 8 percentage points above the base lending rate. This does not affect other rights and claims in accordance with the statutory provisions.

    2. The Principal shall only be entitled to retain payment or set off with counterclaims if its counterclaims are not disputed or have become res judicata or are recognised by the Contractor.

  1. C. Delivery time, default in delivery

    1. The delivery time is stated in the agreements entered into by the contracting parties. Adherence to these by the Contractor is conditional on the fact that all commercial and technical matters between the contracting parties have been clarified, and the Principal has honoured all obligations incumbent upon the Contractor such as providing all the necessary certificates and licenses or making an advance payment. If this is not the case, the delivery time shall be extended accordingly. This does not apply insofar as the Contractor is responsible for the delay.

    2. Adherence to the delivery period is conditional on correct and timely own delivery. This only applies in the event that the non-delivery is not our responsibility, in particular in the case of entering into a congruent cover- ing transaction with our supplier. The Contractor shall inform the Principal as soon as possible of delays that become apparent.

    3. The delivery period shall be adhered to if the delivery item has left the Contractor’s plant or notification of readiness for dispatch is given by expiry of the delivery period. Insofar as acceptance applies, the acceptance date shall be authoritative. lt is equivalent to acceptance if the Principal does not accept the work within a reasonable period of time specified for it by the Contractor, although it is under a duty to do so. The Contractor shall, at all times, only be deemed in default following a reminder if the delivery period is specified on a calen- dar basis or can be calculated on a calendar basis.

    4. If shipping or acceptance of the delivery item are delayed for reasons that are the Principal’s responsibility, the Principal shall be charged for costs incurred as a result of the delay, from one month after notification of the