General Terms and Conditions of Business
Terms and conditions of sale, delivery and payment of BURG Services GmbH & Co. KG.
1. General
Our offer is exclusive to Avient, there is no sale to third parties. All sales and deliveries shall be made exclusively on the basis of the following terms and conditions of sale, delivery and payment. Deviating conditions of the purchaser require our consent. We only deliver for commercial use. By placing an order, the buyer confirms the commercial use of the goods. We can withdraw from contracts without giving reasons if it can be assumed that the delivery to the purchaser constitutes a financial risk for us. All prices are quoted in Euro net per piece or packaging units indicated in the catalogues, plus VAT (domestic), carriage forward ex works. The transport risk shall always be borne by the buyer. Packaging is charged at cost price. Current flat rates for shipping and packaging are shown in the order sheets of our current catalogues. The prices are valid until the publication of the following catalogue. Should extraordinary fluctuations in raw material and foreign exchange quotations occur, we must reserve the right to make price corrections. In the event of missing information on print size, print status and print colour, we reserve the right to carry out the print according to the suitability of the article.
2. Delivery
Deliveries are made exclusively ex works for the account of the purchaser. We reserve the right to make technical changes in the sense of technical progress as well as changes in form, colour and material. The information on weight, dimensions, capacity, performance, colour etc. are only approximate values. The customer shall benefit from any product improvements made in the meantime without additional costs. Excess or short deliveries of up to 10% are sometimes unavoidable in the case of promotional items with individual advertising and are deemed to be agreed. However, the delivery per piece is the rule.
3. Delivery time
We usually deliver articles with standardised advertising at short notice ex warehouse or factory. Items with customised advertising are generally available for delivery within 3-4 weeks. Partial deliveries will be avoided if possible, but we reserve the right to make them. Due to overdue quantities, the settlement of previous partial deliveries cannot be refused within the framework of our terms of payment. The delivery week confirmed by us is an expected delivery date and applies to delivery ex works. Fixed dates shall only apply after express confirmation by us. If we are in default with our performance, we shall first be granted a reasonable grace period of at least 4 weeks in any case.
Claims for damages by the client against us as well as against our vicarious agents or persons employed in the performance of our obligations are excluded, except in the case of intentional or grossly negligent conduct, in particular claims arising from impossibility of performance, positive breach of contract, culpa in contrahendo as well as from warranty or non-performance. This also applies to any claims for damages arising from delay and generally for any consequential damages and for loss of profit. If we have to pay damages, we shall only be liable for the typical and foreseeable damage. Except in the case of intent, liability shall be limited to a maximum of the value of the goods to be delivered.
4. Warranty
Complaints about obvious defects must be made in writing within 7 days of receipt of the delivery. Hidden defects must be reported in writing within 7 days, but no later than 6 months after delivery. In the case of timely and justified complaints, we shall, at our discretion, either replace the goods free of charge or repair them. We shall have a reasonable period of at least 4 weeks for this purpose. If a defect cannot be remedied either by repair or replacement, the buyer may demand a reduction of the purchase price or rescind the purchase contract. Further claims are excluded unless we or our vicarious agents are guilty of intent or gross negligence. In the case of advertising, we guarantee that your advertising will be neatly affixed within the scope of the technical possibilities and will be affixed to the position of the respective item that appears to us to be most effective in terms of advertising. Goods with advertising are excluded from exchange. The inspection and approval of proofs, drawings or samples releases us from any responsibility for errors not objected to.
5. Payment
Within 60 days strictly net without discount. The delivered goods remain our property until full payment has been made. In the event of late payment, we shall be entitled to charge interest at a rate of 3% above the respective Euribor rate of the European Central Bank as well as accrued reminder costs. Burg may insist on delivery after advance payment in the event of a specific reason.
6. Data protection
We would like to inform you that we store and process your data - as far as it is necessary for business and permissible within the framework of the Federal Data Protection Act (ยง 26 BDSG).
7. Place of jurisdiction
individual provisions shall not affect the validity of the remaining terms and conditions.
Cologne, December 2021
