General Terms and Conditions of GGM GASTRO International GmbH

With the use of «GGM Gastro International GmbH» you agree to the GTC.

Stand:12-2013

  1. 1 General information and scope
  2. 2 Conclusion of the Agreement
  3. 3 Prices and terms of payment
  4. 4 Offers
  5. 5 Delivery period
  6. 6 Acceptance
  7. 7 Assembly
  8. 8 Transfer of risk
  9. 9 Warranty
  10. 10 Garantie
  11. 11 Limitation of liability
  12. 12 Reservation of title
  13. 13 Customer registration, customer account
  14. 14 Customer service
  15. 15 General information
  16. 16 Data storage
  17. 17 Final provisions

  1. 1 General information and scope

  1. The General Terms and Conditions apply to all existing and future business relationships. Deviating, opposing or supplementary General Terms and Conditions shall not be included in the Agreement, even if we are aware of these conditions and deliver the goods without reservation, unless their validity is expressly approved in writing.
  2. According to these General Terms and Conditions, customers are business owners (in terms of § 14 BGB (German Civil Code)).
  3. All agreements that are reached between us and the customer in order to execute this Agreement must be recorded in writing, including agreed deviations from these General Terms and Conditions.

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  1. 2 Conclusion of the Agreement

  1. Our offers are non-binding. Technical changes and changes in form, colour and/or weight remain reserved within reasonable limits. All quantities, dimensions and similar features are also defined within customary commercial allowances.
  2. We are entitled to accept the customer’s offer of contract included in the order within two weeks of receipt. The acceptance may be declared in writing or implied by delivery of the goods to the customer. Our acknowledgement of receipt of an order does not represent a binding acceptance of this order.
  3. The presentation of the goods in our online shop does not represent a binding offer to the customer, but is merely a non-binding online catalogue.
  4. The dispatch of the customer’s order represents an offer to conclude a Purchase Agreement for the goods included in the order under the conditions transmitted with the order.
  5. A Purchase Agreement is concluded only if GGM Gastro sends the ordered goods to the customer and confirms the dispatch to the customer with a second e-mail (dispatch confirmation), no later however than on delivery of the goods to the customer. If the service is unavailable, the customer shall be informed immediately. Any payment already received shall be immediately reimbursed.
  6. Valid address information
    The customer is responsible for providing valid address information on their invoice and delivery note, as subsequent changes are not possible, especially to the invoice.
  7. Delivery within Germany
    The applicable value-added tax is charged for all deliveries within Germany. If the goods are forwarded to non-EU countries or to the EU Community area by the customer or one of their representatives, our Company shall not initiate any value-added tax refund procedure.

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  1. 3 Prices and terms of payment

  1. None of the prices indicated in our online shop include the statutory value-added tax of 19 percent; this is added subsequently. All prices are ‘ex works’, i.e. from the Ochtrup business premises, including packaging and excluding all other shipping costs and any collect-on-delivery expenses. Additional information on the issue of shipping costs and payment can be found under the shipping section at www.ggmgastro.com.
  2. De klant kan betalen door vooruitbetaling, onder rembours of bij de afhaling. Bestellingen vanuit het buitenland kunnen enkel door vooruitbetaling worden afgehandeld. Voor dergelijke bestellingen gelden bovendien specifieke verzendkosten.

    Payment by the customer may be made as prepayment, collect on delivery or collection by the customer. Orders from abroad are processed only against prepayment. Order-specific shipping costs also arise in these cases.

    Prepayment:
    Prepayment is made by way of bank transfer. When ordering by prepayment you will receive an automatically generated order confirmation by e-mail indicating our bank details and your order number. Please indicate this order number together with your first name/surname as the reference in the bank transfer. Please note that the receipt of payment may take from one to five days depending on the week day and speed of the relevant bank. Your order can be processed only once payment has been received.

    Collections on delivery:
    Collections on delivery are generally paid in cash to the courier or forwarding agent (supplier). (Please ensure that you provide the correct payment amount as the couriers (suppliers) generally carry no change!) Please note that we also charge the parcel service provider’s collect-on-delivery fee, in addition to the cost of shipment, which is indicated on our invoice to you.

    Please also note that for non-standard goods, which are exclusively made-to-order, 30% of the net total amount must be prepaid on ordering. In the event that the customer withdraws from the purchase agreement, GGM Gastro shall retain this sum to offset the expenses

    Collection by the customer:
    The customer picks up the goods at the premises of GGM Gastro in Ochtrup against cash payment.

    With a new law concerning the entry certificate § 17a Abs. 2 Nr. 2 UStDV, each self-collection, which is exempt from taxation, has to have a valid TIN. After accession of the goods into another European Member Country the customer has to confirm this collection.

    We are forced to retain the total amount as a caution of the German tax because of safety reasons. This amount has to be paid by the customer together with the total invoice amount.
    Third territory: The same applies self-delivery by the customer to a third country (or third territory).In this case, we will refund the withheld deposit of 19% of the total invoice amount immediately after a final checkup of the customs documents submitted to us.

  3. Please note that GGM Gastro has no control over the amount of customs fees or taxes to be paid in your country for orders from Switzerland or other countries that charge import duties. Please familiarise yourself in this case with the costs that may arise for an order, which will be charged only when the goods are imported into your country. These fees are NOT charged by GGM Gastro and are NOT included in the shipping costs. If value-added tax is incurred when the goods are imported into your country (e.g. Switzerland), you may remove the German value-added tax from your order before completing the bank transfer..
  4. For deliveries to non-EU countries, all fees/costs/charges regarding importation, value-added tax or customs are payable immediately.
  5. Installation and assembly costs are included in the price only if a separate agreement has been reached in this regard.
  6. We reserve the right to change our prices accordingly if, after the conclusion of the Agreement, cost reductions or increases eventuate, in particular due to collective wage agreements or material price changes
  7. Statutory value-added tax is included in the purchase price; the statutory amount on the day of invoicing is indicated separately.
  8. In the event of default of payment, the business owner must pay interest on debt of eight percentage points over the base rate. We reserve the right to claim additional default damages from business owners.
  9. The customer has a right to counterclaims only if they have a legal basis or are recognised by us. The customer may exercise a right of retention only if his counterclaim is based on the same contractual relationship
  10. The customer is entitled to the retention of payments as a result of notification of defects only to an extent commensurate with the notified defects.
  11. The costs for customer logos shall be invoiced separately. Deliveries above/below the ordered amount that are customary to the trade shall be accepted by the customer.
  12. The customer is entitled to withhold payments only as a result of notification of defects if the withheld payment is commensurate with the claimed defects.
  13. Shipment in the case of prepayment is generally free of charge within Germany. Exceptions to this include all the German islands. In the event of a delivery to an island, we reserve the right to charge the island surcharge for the relevant order.

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  1. 4 Offers

  1. Descriptions of products in our offers, order confirmations and in the Internet shop, etc. are only approximations. Deviations regarding material, colour, weight, dimensions, technical design and similar features remain reserved, provided the delivery item remains reasonable for the customer/buyer. All quantities, dimensions and similar features are also defined within customary commercial allowances.

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  1. 5 Delivery period

  1. Clarification of all technical queries is required prior to the commencement of the specified delivery period.
  2. Compliance with the delivery obligations requires the timely and correct fulfilment of the customer obligations, in particular, the full entry of the documents to be provided by the customer and the receipt of any agreed advance payment.
  3. If the customer is in default of acceptance or if the customer breaches any other cooperation duties, we shall be entitled to compensation for any resulting damages, incl. any additional expenses. We reserve the right to make further claims. In addition, the risk of accidental loss or accidental deterioration of the purchase item transfers to the customer once the customer is in default of acceptance or payment.
  4. We are entitled to make the delivery on commencement of the agreed delivery period. If the customer cannot or does not wish to accept the goods at this time, despite our offer, we shall be entitled to store the goods on our premises and demand immediate payment. Any additional costs accrued as a result of these measures or otherwise based on the default in acceptance may be separately invoiced. In the event of non-performance of the order for reasons the customer is responsible for, 30 percent of the order amount is hereby agreed as compensation. The customer reserves the right to prove that no, or significantly fewer, damages were incurred as a result of his non-performance. Compensation is payable immediately. The right to assert further damages remains reserved. Advance payment of 30 percent of the gross value must be paid for products to be specifically manufactured for the customer or that are not general inventory items (with a delivery period of 3-4 weeks or 2-3 weeks). The customer is obliged to transfer the goods to the forwarding agency in the original packaging/secured for transportation. Costs for transport damage that arise as a result of insufficient packaging must be assumed by the customer.
  5. In the event of delivery and service disruptions due to force majeure and unforeseen events for which we are not responsible and that make delivery significantly more difficult or impossible, in particular strikes, lock-outs, operational disruptions, legal measures, delay in delivery of accessories, etc. (even if these affect our suppliers or subcontractors), we shall be entitled to extend delivery periods by up to six weeks, even for binding delivery periods. If the obstruction lasts longer than six weeks, the customer shall be entitled to withdraw from the agreement after a reasonable grace period.
  6. The goods are delivered free to the kerbside of the customer’s delivery address. The customer is responsible for providing proper transport to the final destination. GGM Gastro international assumes no liability for any assistance provided by their personnel for this transport.
  7. ATTENTION! Multiple attempts of delivery:
    Please ensure that the forwarder will encount somebody at the agreed delivery time and place, otherwise the forwarder will charge extra costs for further delivery attempts according to the size of order. These extra costs will be in charge of the customer.
  8. Express deliveries:
    It must be noted that no telephone contact will be made by the freight forwarder in the event of express deliveries.
  9. Special products:
    If the customer cancels an order on products that were specifically ordered or manufactured for the customer or additionally produced, prior to delivery, we reserve the right to withhold 30 percent of the value of the item incl. 19 percent VAT as a cancellation fee. Cancellation at no charge is possible only up to a maximum of three working days after receipt of the order confirmation. Cancellation is required in writing and may be submitted by posting, faxing or e-mailing an independently formulated and signed cancellation text.
  10. Delivery within Germany
    The applicable value-added tax is charged for all deliveries within Germany. If the goods are forwarded to non-EU countries or to the EU Community area by the customer or one of their representatives, our Company shall not initiate any value-added tax refund procedure.
  11. Custom-made articles
    No right of return exists for customised articles produced to the customer’s wishes. The customer shall not be entitled to changes or to claim compensation if dissatisfied with the product. The right of withdrawal does not exist for agreements for the delivery of goods manufactured to customer specifications, tailored to the customer’s personal requirements or any other form of special orders, such as articles outside of the product range.

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  1. 6 Acceptance

  1. If we perform the assembly, acceptance shall take place on completion of assembly. If no formal acceptance is required, acceptance is deemed to have taken place eight days after completion of the assembly. Likewise, the content of the invoice is deemed to have been acknowledged if the client does not immediately submit a written objection, and non-merchants within eight days.

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  1. 7 Assembly

  1. At the start of assembly, all construction work must be advanced such that the assembly can be performed unimpeded. The customer shall provide power, water, heating, lighting and lockable rooms to store the delivered items and the tools provided to perform the assembly.
  2. At the start of assembly, all construction work must be advanced such that the assembly can be performed unimpeded. The customer shall provide power, water, heating, lighting and lockable rooms to store the delivered items and the tools provided to perform the assembly.
  3. The customer must procure assistants and the necessary equipment and hoists to transport heavy items.
  4. If openings in the buildings through which parts are to be delivered are too small, any resulting costs, in particular for the enlargement of the opening or disassembly of the parts and absenteeism or waiting times, shall be borne by the customer.
  5. Bricklaying, plastering, painting, carpentry, installation and electrical connection work is not included in the offers. If the equipment is connected by the seller, all the necessary water, waste water, electricity and gas connections at the installation site must be conducted up to the equipment.
  6. We are liable only for the proper handling and installation or assembly of the delivery item. We are not liable for the work of the individuals acting on our behalf if this work does not relate to the installation or assembly or if the work is arranged by the customer.

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  1. 8 Transfer of risk

  1. The delivery is agreed “ex factory”, unless stated differently in the order confirmation.
  2. The risk of the accidental loss and the accidental deterioration of the goods is transferred to the buyer on transfer of the goods, on delivery of the items to the freight forwarder or to other persons or an institution assigned to execute the shipment for mail-order purchases.
  3. Transfer has also taken place if the customer is in default of acceptance.

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  1. 9 Warranty

  1. For defects to the goods, we initially fulfil our warranty by remedying the defects or replacement delivery, at our discretion. If the customer has not used the delivery item in line with its intended use after delivery to a location other than the domicile or the commercial premises, the customer shall bear the additional costs for rectification of the defects.
  2. If the supplementary performance fails, the customer may demand a reduction in the remuneration or the rescission of the contract, according to its choice. The supplementary performance shall be deemed to have failed after the second attempt has been unsuccessful.

    However, the customer shall not have a rescission right in the event of insignificant defects (in the meaning of Article 323 (5) of the German Civil Code (Bürgerliches Gesetzbuch)). Obvious defects must be immediately reported in writing, otherwise the assertion of the warranty claim shall be excluded. Sending the complaint on time is sufficient to meet the time limit.

  3. The warranty period is one year from date of delivery. There is no warranty of any kind for used items. This does not apply to claims for damages caused by injuries to life, limb or health. This warranty shall not apply to any other damages resulting from gross negligence or deliberate intent. In this case the statutory limitation period shall apply.
  4. Generally, only the manufacturer’s product description shall be deemed to be the agreed condition of the goods. Public statements made by the manufacturer, as well as promotions or advertisements, do not represent the agreed condition of the goods.
  5. If the customer receives defective assembly instructions, we shall only be obliged to deliver assembly instructions that are free of defects and only if the defect in the assembly instructions prevents proper assembly.
  6. Warranty claims made against us may only be made directly by the customer and may not be assigned.
  7. All images used for the presentation of the goods in the GGM online shop are example photos only. They do not accurately present the article in every case, but are used rather for illustration purposes. Colours in particular may lead to deviations on different screens due to the different representation. The technical description of the article is decisive.
  8. We are not liable for damage resulting from improper use and storage, faulty installation or usual wear and tear. Any warranty is excluded for repair work or other interventions undertaken by the customer/buyer or third parties without our consent.
  9. When returning goods as part of subsequent fulfilment the customer has to provide compensation for any use of the articles.
  10. Special products:
    If the customer cancels an order for products which were specifically ordered or manufactured for the customer or additionally produced, prior to delivery, we reserve the right to withhold 30 percent of the value of the item incl. 19 percent VAT as a cancellation fee. Cancellation at no charge is possible only up to a maximum of three working days after receipt of the order confirmation. Cancellation is required in writing and may be submitted by posting, faxing or e-mailing an independently formulated and signed cancellation text.
  11. Custom-made articles
    No right of return exists for customised articles produced to the customer’s wishes. The customer shall not be entitled to changes or to claim compensation if dissatisfied with the product. The right of withdrawal does not exist for agreements for the delivery of goods manufactured to customer specifications, tailored to the customer’s personal requirements or any other form of special orders, such as articles outside of the product range.

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  1. 10 Garantie

  1. If the customer selects under “Choice of guarantee” the free-of-charge option “Spare parts guarantee”, we shall provide a durability guarantee for the delivered goods for one year from delivery. The guarantee performances shall be limited to supplying spare parts. Any costs related to installation, travel or wages shall be borne by the customer.
  2. If the customer chooses under “Choice of guarantee” the option “One-year full guarantee” (for a 5% surcharge on the purchase price), we shall provide a durability guarantee for the delivered goods for one year from delivery, which also includes any material, wage or travel costs. If the customer chooses the option “Two-year full guarantee” (for a 10% surcharge on the purchase price), we shall provide a durability guarantee for the delivered goods for two years from delivery, which also includes any material, wage or travel costs.

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  1. 11 Limitation of liability

  1. We are not liable for minor negligence regarding immaterial agreement obligations.
  2. The preceding limitations of liability do not include liability for loss of life, bodily injury or impaired health, or under the German Product Liability Act (Produkthaftungsgesetz).
  3. Customer compensation claims as a result of defects lapse one year after delivery of the goods. This does not apply if we are accused of malicious intent.

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  1. 12 Reservation of title

  1. We expressly retain ownership of the goods until full settlement of all receivables from an existing business relationship. The following conditions shall apply during this period of reservation of title.
  2. The customer is obliged to handle the goods with care. If maintenance and inspection work is required, the customer shall perform these regularly and at his/her own expense./li>
  3. The customer is obliged to immediately notify us of any third-party access to the goods, such as in the event of seizure of the goods, as well as damage or destruction of the goods. The customer shall immediately inform us of any change in owner-ship or any change in the company’s registered office.
  4. In the event of customer conduct that is in breach of the agreement, particularly in the case of payment default or a breach of the duties set out in points d) and e) of these paragraphs, we shall be entitled to withdraw from the agreement and to demand the return of the goods.
  5. The business owner only ever processes the goods in our name and on our behalf. If the goods are processed with items that do not belong to us, we shall acquire joint ownership of the article in proportion to the value of the articles delivered by us to the other items. The same shall apply if the goods are mixed with other third-party items.
  6. The business owner is entitled to resell the goods in the usual course of business. The business owner hereby assigns all receivables in the amount of the invoice to us. We accept this assignment. The business owner remains authorised to collect the receivables after assignment. We reserve the right to collect the receivables ourselves as soon as the business owner no longer meets the payment obligations and defaults on payment.
  7. We expressly reserve the rights of ownership and copyrights to cost estimates, drawings and other offer documents. The customer may not allow third parties to access these documents. All documents shall be returned to us at our request.

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  1. 13 Customer registration, customer account

  1. The customer must register with GGM Gastro and establish a customer account in order to make purchases from the GGM Gastro online shop. Alternatively, a customer may also make a one-off purchase without registering.
  2. Immediately after completing the registration process, GGM Gastro sends the customer an e-mail with the specified customer information to the e-mail address supplied by the customer during registration.
  3. DThe customer must ensure that they can access the specified e-mail account and that the receipt of e-mail messages from GGM Gastro regarding order processing is not excluded due to forwarding, closure or spam filter settings of the e-mail account or because the e-mail account is full. The customer must protect their customer password against misuse by third parties and may not forward this password to third parties.

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  1. 14 Customer service

  1. The customer is not entitled to claim any customer service from GGM Gastro international GmbH.

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  1. 15 General information

  1. If the application of VOB/B (Part B of the German Award Rules for Building Works) or VOL/B (Part B of the German Award Rules for Services) is agreed in transactions with the customer, these Terms and Conditions shall apply only to the extent that they are not contradicted by applicable VOB/B or VOL/B.
  2. Changes to the ownership of the company, the company form or other circumstances that affect the economic situation and changes of address must be communicated to us immediately.
  3. GGM Gastro shall refuse acceptance of unpaid shipments to GGM Gastro.

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  1. 16 Data storage

  1. The customer agrees that we store personal data as part of the business relationship. The customer further agrees and is aware that we digitise legally relevant declarations and that we do not store these in the traditional paper form. All of the data collected on this website are handled according to the provisions of the German Federal Data Protection Act (BDSG – Bundesdatenschutzgesetz) and the Telemedia Act (TMG – Telemediengesetz). Personal data are not transmitted to third parties without the express written consent of the affected party. You can find more information in the data privacy policy on our website.

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  1. 17 Final provisions

  1. The law of the Federal Republic of Germany applies. The provisions of the UN CISG are not applicable.
  2. If the customer is a merchant, legal entity under public law or a special fund under public law, our registered office in Ochtrup shall be the exclusive legal domicile for all disputes arising from this Agreement. The same applies if the customer has no general legal domicile in Germany or if their domicile or usual place of residence is unknown at the time proceedings commence..
  3. If individual provisions of this Agreement with the customer, including these General Terms and Conditions, are or become partially or entirely ineffective, the validity of the remaining provisions shall remain hereby unaffected. The completely or partially ineffective provision shall be replaced by a provision that most closely reflects the economic intent of the ineffective provision.

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