General terms

 The German version of conditions,  e. g. General Terms & Conditions of Sale
and Delivery, is the one that will be valid.

 

General conditions of sale, supply and payment (GCS) of Räuchle GmbH + Co. KG

 

As at June 2018 

 

§ 1 Scope of validity

1. In addition to any other contractual agreements, exclusively these GCS apply to the entire business dealings between us and the
    purchaser, client or orderer, hereinafter referred to as the "Orderer". We will also not recognise the general terms and conditions of
    the Orderer, even if performance has been rendered or payment accepted, unless we accept their validity expressly in writing.

    The general terms and conditions of the Orderer include, as well as their general conditions of purchase, quality assurance
    agreements, framework supply agreements, contracts of provision, consignment storage agreements and confidentiality
    agreements of the Orderer, provided and to the extent that they were not negotiated with us.

2. These GCS apply solely to business dealings with companies as defined under section 14 German Civil Code.

3. These GCS also apply to all future business relations without re-inclusion until we produce new GCS.

4. All agreements made between us and the Orderer as part of the contractual negotiations must be laid down in writing and
    confirmed by both parties to serve as documentary proof.

5. Subsidiary agreements, subsequent contractual changes and the granting of a warranty, in particular guarantees of properties
    or the assumption of supply risk must be made in writing unless they are given by authorised representatives.

    Silence cannot be taken as implying consent.

 

§ 2 Consultancy

1. As product and service-related advice, our consultancy services cover the products we supply and the services we perform to
    the exclusion of all others.

    They do not cover advice that is independent of the contract, i.e. such declarations that are given without the sale of products
    or the performance of services by us.

2. The consultancy services we provide are based on empirical values. If our consultancy services extend to circumstances, the
    accuracy of which we cannot influence, i.e. the composition of the raw material or the services performed by sub-contractors,
    the advice we provide is non-binding.

    Omitted messages do not constitute advice.

 

§ 3 Conclusion of the contract

1. Ouroffers are non-binding. They constitute a request for the provision of a quote.

2. The first draft of a quote is generally free. Additional quotes and design work are only free of charge if the supply agreement
    becomes and remains valid. 

3. Descriptions and photocopies of our goods and products in technical documents, catalogues, brochures, circular letters,
    advertisements and price lists are non-binding unless their inclusion in the contract is expressly agreed. They do not release
    the Orderer from making their own checks.

    Product and service descriptions on the internet can naturally only be of a general nature. If the Orderer would like to derive
    from these binding agreements on condition or suitability for their intended application, they must make reference to them in
    the order.

4. The order made by the Orderer always represents an offer to conclude a contract.

5. All information on implementing the order must be given in the order. This applies to all deliveries, services, work and any other
    services we provide. This includes in particular, though not exclusively, details on the article description, quantity, measurements,
    material, material composition, pre-treatments, processing specifications, treatment regulations, storage, standards as well as
    all other technical parameters and physical characteristics.

    Missing, erroneous or incomplete information is deemed to have not been agreed and in no way obligates us, either in the sense
    of claims for performance and warranty claims or in the sense of claims for damages.

6. If the order made by the Orderer differs from our quote, then the Orderer must indicate the differences separately.

7. We are entitled to obtain additional information which serves the proper implementation of the contract.

8. Orders must be made in writing or electronically (EDI). The Orderer bears the risk of orders given orally or by telephone.

9. If the Orderer takes back an order we have accepted, we are entitled, without prejudice to the possibility to assert a claim for
    higher actual damage, to charge 10% of the price of the goods or services for the costs incurred in the processing of the order
    and the loss of profit. The Orderer reserves the right to prove lower actual damage.

10. We will accept the order within 4 weeks unless another acceptance deadline has been arranged.

11. The services we will provide are given in the order confirmation.

12. We reserve the right to process the items or services supplied or to have the processing carried out in another business
      without additional cost for the Orderer.

 

§ 4 Call-off orders

1. In the case of call-off supply contracts, notification of binding quantities has to be given to us at least three months before the
    delivery date unless an alternative arrangement has been made. It might be necessary to extend this period in individual
    instances, for example, due to material delivery times.

2. Additional costs incurred through a late call off or subsequent changes made to the call off by the Orderer in respect of time or
    quantity shall be born by them. Here, our calculations are final.

3. Unless anything to the contrary has been arranged, all call-off orders have to be accepted within a year following the order
    without an acceptance request being required. If this period has expired, we are entitled to charge for the goods and to dispatch
    them at the expense of the Orderer, the risk of which they bear, or to immediately withdraw from the contract.

 

§ 5 Alterations

1. A separate contractual agreement is required for desired alterations to the item or good supplied following the conclusion of the
    contract.

2. If information is missing or erroneous, we reserve the right to alter the good supplied appropriately. The Orderer shall bear
    disadvantages arising from missing or erroneous information, in particular additional costs or damage.

3. We reserve the right to make technical alterations to the item or good supplied which do not place at risk the objective of the
    contract.

4. Excess or short deliveries caused by production are permitted within a tolerance range of ± 10% of the total order quantity.

5. Partial deliveries or performance are permitted provided that this does not significantly impair use and risk the purpose of the
    contract. They can be settled separately.

 

§ 6 Delivery time, delayed delivery

1. Unless anything to the contrary has been arranged, we deliver "ex works" in accordance with the EXW clause of INCOTERMS  2010.

    The message we provide stating that the goods are ready to be dispatched or collected is decisive for compliance with the
    delivery time or delivery date.

2. If a delivery or performance period has been arranged, then it begins upon the dispatch of our order confirmation, though not
    before the complete clarification of all the details of the order and the proper fulfilment of all the duties of the Orderer to
    cooperate. This applies accordingly to dates for delivery or performance.

3. In the case of consensual changes to the object of the order, delivery or performance periods or delivery or performance Dates
    must be re-arranged.

    This also applies if renegotiations have taken place concerning the object of the order after conclusion of the contract without an
    alteration being made to the object of the order.

4. Delivery or performance periods and delivery or performance dates are subject to faultless and punctual delivery by subcontractors
    as well as unforeseeable disruptions to production.

5. The delivery or performance period has been met if upon its expiry the item or good supplied has left our factory or been passed
    to the transport company in our factory or we have provided notification that it is ready to be collected.

6. We areentitled to make the arranged delivery or provide the arranged service even before the time arranged.

7. If we can see that the goods cannot be supplied within the delivery period, we shall inform the Orderer of this without delay and
    in writing, provide them with reasons for this and if possible cite the estimated date of delivery.

    The Orderer is only entitled to withdraw from the contract if we were responsible for the delivery deadline not being met and
    they set us an appropriate time period for correction which was without result, unless setting a deadline is legally superfluous.

 

§ 7 Acceptance delay

1. If the Orderer does not accept the goods on the agreed delivery date or following the expiry of the delivery period arranged due
    to a circumstance for which they are responsible, we are entitled to request the reimbursement of the additional expense we
    incurred.

    We are entitled, in particular, to charge the Orderer storage costs of 0.5% for every month commenced, though no more than a
    total of 5% of the delivery or service price. The contractual parties have the right to provide evidence of higher or lower storage
    costs.

2. In addition, we are authorised to specify a suitable storage location at the expense and risk of the Orderer and to insure the
    items or goods supplied at their expense.

3. In the event that we are entitled to demand damages rather than performance, then we can demand 15% of our price as
    damages without prejudice to the possibility of claiming higher actual damages unless the Orderer proves that damage did not
    occur or is much lower than the lump sum.

 

§ 8 Force majeure

In cases of force majeure, our periods of delivery and performance shall be extended for the duration of the disruption.

This also includes, though not exclusively, circumstances for which the parties are not responsible such as war, fire damage, riots, strikes, lockouts, traffic disruptions, orders from authorities, state import and export restrictions, operational interruptions or significant operational disruptions, such as a lack of materials or energy by us, sub-contractors or pre-suppliers. This also applies if we were already delayed when such circumstances arose, unless we caused the delay intentionally or through gross negligence.

We shall inform the Orderer of the beginning and end of such obstructions without delay.

If the delivery or performance is delayed by more than six weeks, then both the Orderer and we are entitled to withdraw from the contract to the extent to which the delivery or performance is affected by the disruption. The contractual parties are not entitled to compensation payments.

 

§ 9 Payment conditions

1. All prices are in euros (net) plus statutory VAT "ex works" upon issuance of the invoice, unless anything to the contrary has
    been arranged. Ancillary costs such as packaging, freight, dispatch costs, customs, installation, insurance and bank expenses
    shall be invoiced separately.

    Insurance of the good to be dispatched shall only be taken out by us if requested by the Orderer and at their expense.

2. For contracts with a term of more than 12 months or unlimited contracts, if there is a significant change to the wage, material
    or energy costs, then every contractual partner is entitled to request negotiations about a suitable adjustment to the price taking
    these factors into consideration.

3. We are entitled to change the agreed price appropriately if there are changes before or upon the implementation of the order
    because the Orderer desires changes or the information given and the documents made available by the Orderer were erroneous
    provided these are not obvious errors which we would have had to clarify with the Orderer upon receipt.

4. If a binding order quantity has not been arranged, then we shall base our calculation on the non-binding order quantity expected
    from the Orderer for a certain time period (target quantity). If the Orderer accepts less than the target quantity, then we are
    entitled to increase the item price appropriately. If they accept more than the target quantity, then we shall reduce the item
    price appropriately provided the Orderer announced the additional requirement at least three months before the delivery.

5. Invoices must be paid net within 14 days of the invoice date unless anything to the contrary has been arranged. They must be
    paid without deductions. In the case of non-payment, the Orderer is in arrears without any further reminder.

    General and early payment discounts are only granted in accordance with a separate agreement.

6. Part payments as well as settlement through bills of exchange require a special prior agreement. Discount charges and the costs
    of bills of exchange shall be borne by the Orderer. The settlement of invoices by cheque or bills of exchange shall only be made
    on account of performance and are not considered as payment until they have been credited without reservations.

7. If there are several unpaid claims to us from the Orderer and if payments of the Orderer are not paid for a certain claim, then
    we are entitled to define for which of the unpaid claims the payment was made.

8. If payment is late, deferred or made in part, then we are entitled to claim usual bank interest on arrears, though at least 8 percentage
    points p.a. above the respective base rate of the ECB and to withhold additional goods and services until the settlement of all
    invoices due. We reserve the right to provide evidence of greater damage.

9. By making the order, the Orderer confirms his ability to pay or his credit worthiness.

    If there is good reason to doubt the ability of the Orderer to pay or their credit worthiness, e.g. slow or late payment or a
    protested check, then we are entitled to request security payments or payment in cash as and when the contract is performed.
    If the Orderer does not meet this request within an appropriate period set for them, then we are entitled to withdraw from the
    as yet unfulfilled part of the contract or withhold our deliveries until receipt of the payments. This period is unnecessary if the
    Orderer is evidently not in a position to make a security payment.

10. The Orderer is only entitled to offset our claims if his counter-claim is undisputed by us or established in law or if it is ready for
       resolution. This exclusion of set-off does not apply to counter-claims from the same contractual relationship. 

      The assignment of claims made to us requires our approval.

11. The Orderer only has a right of retention if the counter-claim is based on the same contractual relationship and is undisputed
      or established in law or ready for resolution if we have significantly breached our obligations from the same contractual
      relationship despite a written warning and have not offered any reasonable security.

      If performance by us is indisputably defective, then the Orderer only has a right of retention to the extent to which the
      retained sum reasonably relates to the defects and the foreseeable costs of rectifying the defects.

12. The dates for payment shall not change even if there are delays to the delivery for which we are not at fault.

13. If VAT is not included in our statement of account, in particular because we assume "intra-Community supply" in accordance
      with Section 4, No. 1 b in connection with Section 6 a Value Added Tax Act and we are subsequently levied with a VAT payment
      (Section 6 a IV Value Added Tax Act), then the Orderer is obliged to pay us the sum which was levied at us. This obligation
      applies irrespective of whether we have to subsequently transfer the VAT, import turnover tax or comparable taxes at home or
      abroad.

14. We are entitled to request an advance payment upon conclusion of the contract. Interest will not be paid on this.

15. Our payment claims fall under the statute of limitations of 5 years unless the law stipulates a longer period. The beginning of
      the statute of limitations depends on Section 199 German Civil Code.

 

§ 10 Place of fulfilment, transfer of risk, packaging

1. The place of fulfilment for the goods or services ordered and payments is the seat of our business.

2. The Orderer is obliged to accept as soon as they are notified of the completion of the goods or services by us.

    If the Orderer does not accept the goods or services within two weeks of being notified, then it will be deemed that the
    acceptance has taken place.

3. The risk of loss or damage to the goods passes to the Orderer upon the notification of the completion of the goods.

    If it has been agreed that the goods are to be dispatched, then the risk is passed to the Orderer upon sending the goods to the
    transport company, such as the train operator or upon handing them over to the shipper or carrier.

4. Unless an arrangement to the contrary has been made, we specify the means of dispatch and transport as well as the type and
    scope of the packaging. Disposable packaging is disposed of by the Orderer.

5. If the goods are dispatched in returnable packaging, then the packaging must be returned carriage paid within 30 days of receipt
    of the delivery. The Orderer is responsible for loss and damage to the returnable packaging. Returnable packaging must not be
    used for other purposes or to hold other objects. It is intended solely for transporting the good supplied. Labelling must not be
    removed.

6. If the goods are damaged or lost during transport, then the Orderer must immediately request a stock-take and inform us about
    it. The Orderer must make claims arising from any transport damage to the carrier without delay.

7. Carriage expenses paid by us shall only be deemed to be an advance to the Orderer. Unless the delivery is delayed and we are
    at fault, and we have therefore specified a faster dispatch type ourselves, additional costs for faster deliveries requested by the
    Orderer, such as Bahn-Express or air freight shall be borne by the Orderer even if in individual cases we have agreed to bear the
    carriage expenses.

 

§ 11 Duty to inspect and issue complaints

1. It is the duty of the Orderer to inspect the good in accordance with Section 377 Commercial Code or comparable foreign or
    international provisions immediately following delivery and to inform us here or at a later time of any deficiencies or damage
    ascertained immediately after they have been discovered. Otherwise the good shall be deemed to have been accepted without
    deficiency. The regulation in Section 377 Commercial Code applies accordingly to goods and services.

    Notice of deficiencies must be made in writing. Electronic notifications, such as e-mails are insufficient.

2. The use of deficient deliveries or services is not permitted. If a deficiency could not be discovered upon receipt of the goods or
    services, then the continued use of the items or goods supplied must be halted immediately upon subsequent discovery.

3. The Orderer will pass to us the goods about which a complaint has been made immediately following the complaint and grant us
    the required time to assess the alleged deficiency. In the case of unjustified complaints, we reserve the right to charge the
    Orderer the expenses for performing the assessment.

4. The notice of deficiency does not release the Orderer from complying with their payment obligations.

 

§ 12 Material defects

1. The quality of the items or goods supplied is determined solely in accordance with the agreed technical delivery regulations. If
    we have to supply the goods in accordance with drawings, specifications, samples or any other guidelines provided by the
    Orderer, then the Orderer shall assume the risk regarding suitability for the intended purpose.

2. Decisive to the condition of the goods in accordance with the contract is the point in time of the transfer of risk in accordance
    with Section 10 of these GCS.

3. If there was a material defect in the items or goods we supplied at the point in time of the transfer of risk, then we are entitled
    at our discretion to either correct the deficiency or provide a replacement delivery within an appropriate time period. If we do
    not meet this obligation or do not do so in accordance with the contract, the Orderer must set us a final deadline for fulfilment.
    Once this deadline has passed without result, the Orderer is entitled to request a reduction in price, to withdraw from the contract,
    to carry out the required improvement themselves or to have a third party do so at our expense.

4. In the case of third-party products, including the extent to which they have been integrated or otherwise used in our products,
    we have the right to initially limit our liability to the assignment of the warranty claims, to which we are entitled in respect of the
    supplier of the third-party products unless satisfaction from the assigned right fails or the assigned claim cannot be enforced for
    any other reasons. In this case the Orderer is again entitled to the rights in paragraph 2 above.

5. Claims of the Orderer due to expenses required for subsequent fulfilment, in particular transport, work and material costs are
    excluded if the expenses increase because the good was subsequently brought to a location other than the location of the Orderer.

6. The same warranty conditions as those for the goods originally supplied apply to substitute goods and performance as well as
    improvements.

7. Claims of the Orderer due to material defects are excluded if the deviation in quality only insignificantly restricts the use or
    suitability for use or the value of the good. This is, for example, the case for a difference in quality which is barely visible and
    does not restrict suitability for use.

 

§ 13 Conclusion of the contract

1. Orders in accordance with drawings passed to us, sketches or other information are carried out at the risk of the Orderer. If we
    encroach upon third-party protective rights as a result of implementing such orders, then the Orderer shall release us from
    claims of these legal owners. The Orderer shall bear additional damages.

2. We cannot be Held liable for any trademark infringements in relation to use of the items or goods supplied or the combination or
    use of the items or goods supplied with other products.

3. In the case of deficiencies in title, we are entitled, at our discretion, to acquire the necessary licences concerning the breached
    protective rights or to correct the deficiency in the items or goods supplied by making available items or goods altered to a, in
    respect of the Orderer, reasonable extent.

4. Our liability for the breach of third-party protective rights only extends to those protective rights which are registered and
    published in Germany.

 

§ 14 Liability

1. We can only be held liable for the debts of the company with company assets.

2. In the case of simple negligence, we can only be held liable for breaching a significant contractual duty. For gross negligence we
    can also be held liable for the breach of non-significant contractual duties.

3. In the aforementioned cases liability is limited to damage typical to the contract which can be foreseen.

    In the case of assured characteristics, our liability is limited to the scope and cover of our product liability insurance. The scope
    of cover corresponds to the non-binding recommendations on business and product liability of the Gesamtverband der Deutschen
    Versicherungswirtschaft e.V. (GDV, German Insurance Association). The cover is €2.5 million per incident of damage and double
    that per year of insurance for the insurance cases recorded in the insurance contract.

4. Damages claims due to the intentional breach of contractual duties by us, claims due to personal injury and claims arising from
    the Product Liability Act are subject to legal provisions.

5. We are only liable for tortious claims in accordance with contractual liability; restricting liability agreements from the contract
    also apply in respect of the Orderer.

6. Liability for damages over and above the above regulations is excluded.

7. Recourse claims of the Orderer against us only exist if they have not made an agreement with their recipient over and above
    statutory defect and damages claims.

8. We cannot be held liable if the Orderer has effectively limited their liability in respect of their recipient.

9. To the extent that our liability is excluded or limited, then this also applies to the personal liability of our employees,
    representatives and agents.

10. Provided that liability is excluded or limited in accordance with the above, then the Orderer is also obligated to release us from
      claims by third parties.

11. In all other respects legal provisions apply.

12. The Orderer is obliged to inform us in writing of any claims enforced by third parties without delay and permit us to take all
      defensive measures and enter into negotiations for a settlement.

 

§ 15 Statute of limitations

1. The statute of limitations for claims and rights due to deficiencies of our products, goods and services as well as damages
    arising therefrom is one year. The beginning of the statute of limitations is in accordance with legal provisions.

    The above reduction to the statute of limitations does not apply if the law stipulates longer periods in the cases of sections 438
    Para. 1 No. 2, 479 and 634 a Para. 1 No. 2 Civil Code.

2. The statute of limitations in accordance with No. 1 above also does not apply in the case of intent if we have deliberately not
    mentioned the deficiency or have granted a guarantee as to quality. Nor does it apply to damages claims due to personal injury
    or coercion of a person; to claims arising from the Product Liability Act; or to a grossly negligent breach of duty.

3. Subsequent performance measures do not inhibit the statute of limitations applicable to the original performance, nor do they
    signify it re-commences.

 

§ 16 Acquisition of title

1. We retain the title to all objects of the contract until the complete settlement of all payments to which we are entitled arising out
    of the business relationship with the Orderer.

    We retain the rights of ownership and copyrights to the illustrations, drawings, calculations and any other (technical) documents
    passed to us.

2. If our property is processed, connected or mixed with third-party property, then we acquire the title to the new object in accordance
    with section 947 Civil Code.

3. If the processing, connection or mixing occurs so that the third-party product must be seen as the principal object, then we
    acquire the title in the ratio of the value of our performance to the third-party performance at the time of processing, Connection
    or mixing.

4. If through our performance we acquire title to an object, then we shall retain title to this object until the settlement of all
    payments due to us arising from the business relationship with the Orderer.

5. The Orderer is obliged to store the retained good carefully and if required carry out maintenance and repair work punctually and
    at their expense. The Orderer must insure the retained good against loss and damage at their own expense. Security Claims
    arising in the case of damages must be assigned to us.

6. The Orderer is entitled to re-sell the object which we (jointly) own in the ordinary course of business provided that they meet
    their obligations arising out of the business relationship with us. In this case the proportion of the claim arising from the sale
    which is assigned to us is equal to the value of the work secured by our retention of title in relation to the total value of the
    goods sold. The Orderer is also entitled to collect this claim after the assignment. This does not affect our authorisation to
    collect this claim ourselves.

7. The right of the Orderer to dispose of the goods subject to our retention of title as well as to collect claims assigned to us
    expires as soon as they no longer meet their payment obligations or if a request is made for the opening of insolvency
    proceedings. In these aforementioned cases as well as in the case of other behaviour of the Orderer contrary to the contract,
    we are entitled to take back the goods supplied under retention of title without warning.

8. The Orderer will inform us without delay if our title subject to reservation is at risk, in particular in the case of insolvency and
    enforcement measures. If we make such a request, the Orderer must provide us with all the required information on the stock
    of the goods to which have joint ownership and on the claims assigned to us as well as to inform their recipient of the
    assignment. The Orderer shall support us in all measures that are required to protect our joint property and shall bear the
    resulting costs.

9. Due to all claims arising from the contract we are entitled to impose a right of lien on the items of the Orderer in our Possession
    by reason of the contract. The right of lien can also be enforced due to claims from earlier supply or performance provided that
    these relate to the items or goods supplied.

    For other claims arising from the business relationship, the right of lien applies if this is undisputed or established in law. Sections
    1204 ff. Civil Code and Section 50 Para. 1 Insolvency Code apply accordingly.

10. If the realisable value of the securities exceeds our claims by more than 15%, then at the request of the Order we shall release
      securities accordingly at our discretion.

 

§ 17 Production resources

1. If special production resources are required to carry out the order, such as samples, tools and templates, then we are and shall
    remain - providing nothing to the contrary is arranged - the owner of the production resources produced by us or a third party.
    This is also the case if the Orderer pays proportional tools costs.

2. The production resources shall - if expressly arranged - only be used for orders of the Orderer provided the Orderer meets their
    payment and acceptance obligations. We are obliged to maintain and replace these tools free of charge if this is required to
    comply with an output promised to the Orderer. A storage obligation expires two years following the final partial delivery arising
    from the tools and the prior notification of the Orderer.

3. Manufacturing costs for the production resources shall, provided nothing to the contrary is arranged, be invoiced separately from
    the goods to be supplied. This also applies to tools that have to be replaced due to wear.

    Proportional tool costs are listed separately in the quotation and in the order confirmation. They must be paid upon conclusion
    of the contract without deductions. Whether and how depreciation is calculated for any portions of paid tools costs should also
    be specified there.

4. Unless anything to the contrary has been arranged, cold forging tools remain our unrestricted property. This is also the case if
    the Orderer has paid proportional costs for them.

5. If it has been arranged that the Order will become the owner of the tools, then title to the tools shall pass to them following
    payment of the purchasing price of the tools. Passing the tools to the Orderer is replaced through our storage obligation. 
    Irrespective of the legal claim for return of the Orderer and of the operating life of the tools, we are entitled to sole ownership of
    the tools until the acceptance by the Orderer of a minimum quantity to be arranged or until the expiry of a specified time period.
    We shall label the tools as third-party property and upon such a request by the Orderer insure them at their expense.

6. Construction and calculation documents as well as production instructions and all types of documentation remain our property
    and are excluded from this duty of surrender.

7. If during the production time of the production resources, the Orderer interrupts cooperation between the parties or if they end
    it, then they shall bear all the manufacturing costs which have accrued until then unless we are responsible for the cessation.

8. In the case of tools of the Orderer in accordance with Paragraph 5 or in the case of tools made available by the Orderer on a
    loan basis, then our liability concerning storage and maintenance is limited to the duty of care observed in our own affairs. The
    costs for maintenance and insurance shall be borne by the Orderer. The obligations established here in accordance with Section
    17 shall expire if following completion of the order and a corresponding request to the Orderer to collect the tools, they have not
    done so within 14 days of the request.

9. If the Orderer has not met his contractual obligations in full, then we have the right to retain the tools. The rights of lien to
    which we are legally entitled remain unaffected by this.

 

§ 18 Termination, cancellation of the order

1. Unless arranged otherwise, we are entitled to effect a standard termination of contracts without term by giving 6 months notice.

    Unaffected by this are the right to cancel for good cause in accordance with Section 314 Civil Code as well as the rights to
    withdraw and cancel in accordance with these GCS.

2. We shall not recognise the cancellation of an order by the Orderer. If we agree in exceptional cases, then we are entitled at our
    discretion to request damages instead of performance or the reimbursement of needless expenditure.

 

§ 19 RoHS and the Electronic Equipment Act

1. Directive 2002/95/EC (RoHS) and the Electronic Equipment Act prohibit the use of certain environmentally hazardous
    substances, such as lead, which are no longer permitted to be used in certain electric and electronic devices.

2. The Orderer must therefore check before making the order whether after further processing the relevant workpieces would fall
    within the area of application of the Electronic Equipment Act and inform us whether this is the case. If we do not receive a
    notification, then we shall assume that the workpieces are not installed in products or connected with products which have to be
    assigned to the product catalogue of Section 2 Para. 1 of the Electronic Equipment Act.

3. If the Electronic Equipment Act is breached, we cannot be held liable in respect of the Orderer if this breach is based on the
    infringement of the duty of the Orderer to provide notification. If a claim is asserted against us by a third party due to this
    breach, then the Orderer must release us from these claims

 

§ 20 Confidentiality

1. The Orderer agrees to treat all aspects of the business relationship which are worthy of protection confidentially. In particular
    they agree to treat all non-public commercial or technical details they become aware of due to the business relationship as a
    business secret. Information or aspects of the business relationship which upon becoming known were already publicly known
    as well as information or aspects of the business relationship which were demonstrably already known to the contractual partner
    before we made this information known do not fall under the confidentiality obligation.

    The Orderer shall ensure that his employees are also bound to confidentiality accordingly

2. The duplication of the documents passed to the Orderer is only permitted within the scope of business requirements and
    copyright provisions.

3. No documents are permitted to be made available to third parties in full or in part, nor can they be used outside the purpose for
    which they were passed to the Orderer.

4. The announcement, even in part, to third parties of the business relationship with us is only permitted to occur following our
    written approval beforehand. The Orderer should also obligate the third parties to confidentiality within the scope of a similar
    agreement.

5. The Orderer is only permitted to advertise using the business relationship with us following our prior written consent.

6. The Orderer is also bound to confidentiality following the end of the business relationships.

 

§ 21 Place of jurisdiction, applicable la

1. The place of jurisdiction is at our discretion and is either our registered headquarters or the place of jurisdiction of the Orderer.

2. The laws of the Federal Republic of Germany are exclusively applicable to the business relationships with the Orderer. The CISG
    – UN sales law – is not applicable.

3. If individual parts of these GCS are legally ineffective, the effectiveness of the remaining provisions shall not be thereby affected.
    The contractual partners shall endeavour to replace the ineffective clause with another clause which is as close as possible to
    the financial purpose and legal meaning of the original formulation and is in accordance with the relevant legal regulation.

4. We collect and process data in accordance with the EU General Data Protection Regulation and the Federal Data Protection Act.

 

 

§ 22 Contact data

Räuchle GmbH + Co. KG
Räuchlestraße 7
89165 Dietenheim

Tel.: +49 (0) 7347 65-0
Fax: +49 (0) 7347 65-200

This email address is being protected from spambots. You need JavaScript enabled to view it.
www.raeuchle.de


Partner with unlimited liability:
Räuchle Verwaltungs-GmbH
Managing director: Willi Gaule 

Verw. GmbH court of registration: Ulm HRB 22 00
Headquarters of limited partnership: 89165 Dietenheim
KG: Court of registration: Ulm HRA 1186
VAT ID number: DE 147042395

  


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