526
Gira electrical installation systems
7. If the contract is a fixed-date transaction under the terms of Section 376
HGB, the previous paragraph applies, with the proviso that Customer can
withdraw in writing from the contract to the exclusion of all further rights,
unless the losses or damages were caused due to intent or gross negligence.
8. In order for Gira to meet the delivery deadline, Customer must fulfil its
contractual obligations and, in particular, its payment obligations properly
and on schedule.
5. Transfer of risk, shipment
1. The Incoterms rules, as amended, currently Incoterms 2010, “EXW”
(ex works) clause, applies to the relationship between Gira and Customer.
The risk of the goods being accidentally destroyed or damaged is transferred
to Customer when the goods are shipped to Customer and, at the latest,
when they leave the factory/warehouse. This applies regardless of whether or
not the goods are shipped from the place of fulfilment and regardless of who
is responsible for the shipping costs.
2. If Gira takes responsibility for the transport insurance as part of its general
insurance policy, the terms and conditions of the insurance apply and the
following documents must be provided by the client:
a) Factual report from the transport company (for example the receipt from
the haulage firm)
b) Original copy of the consignment note
c) Transfer of rights for the damage caused.
3. If Gira is responsible for the transport damage, Customer must inform
Gira in writing immediately after receiving the shipment that transport
damage has occurred. The damaged parts must be sent back to the factory in
Radevormwald or to the relevant Gira warehouse free of charge. Customer is
not permitted to refuse to accept deliveries because of minor defects.
6. Prices, payment terms, securities
1. Gira’s prices are quoted ex works or from the relevant warehouse and
exclude the cost of packaging and VAT at the current rate. The cost of the
packaging will be invoiced separately.
2. Unless a fixed price agreement has been reached with Customer, Gira
reserves the right to make appropriate adjustments to the prices as a result
of changes in the cost of salaries, materials and sales for deliveries that are
made three months or more after the contract is concluded.
3. A flat-rate processing fee of EUR 15 shall be charged for orders of less
than EUR 100. For third-party deliveries (where the shipping address differs
from the order address), Gira charges a flat-rate shipping charge of at least
EUR 7.50 per shipment. Higher shipping charges will be agreed individually
with Customer.
4. All payments by Customer must be made to Gira’s bank account on the
agreed dates.
5. If Customer’s financial situation changes after the date on which Gira sends
out the order confirmation and if this could call into question Customer’s
ability to fulfil its payment obligations, Gira is entitled to withhold delivery
of the goods or to require Customer to provide security. If Customer does not
comply with Gira’s request for security within a reasonable period, Gira is
entitled to withdraw from the contract.
6. If Customer pays within 10 days of the invoice date, Gira offers a discount
of 2 %. Gira does not offer a discount on the services that it provides. No
discount will be given on payments that are in arrears. The standard payment
term is 30 days strictly net. Gira’s representatives and salespeople are not
authorised to accept payments or means of payment, unless they have
collection authority.
7. Customer is obliged to comply with Gira’s request to pay within 30 days of
receiving the goods. At the end of this period Customer is considered to be
in default, without a further reminder being necessary. While Customer is in
default, it must pay interest of 9 % above the base rate on the amount it owes.
Gira reserves the right to provide proof that greater damage has been caused
by Customer’s default and to assert a claim for the same.
8. If Gira has taken responsibility for setting up and assembling the goods,
unless otherwise agreed, Customer will pay all the necessary incidental costs
such as travel costs, costs of transporting the employee’s tools and luggage
and the accommodation allowance, in addition to the agreed payment for the
work.
7. Offsetting payments and rights of retention
Customer is entitled to offset payments to Gira only if its counterclaims are
res judicata or are undisputed. Customer is entitled to exercise a right of
retention with regard to Gira only if its counterclaim is based on the same
contractual relationship.
Scope, definitions
Scope:
1. These Terms and Conditions of Sale, Delivery and Payment apply only to
entrepreneurs, legal persons under public law or special funds under public
law under the terms of Section 310 para. 1 of the German Civil Code (BGB).
Where Customer’s terms and conditions of sale contradict or differ from
Gira’s, Gira will only recognise them if it has explicitly confirmed in writing
that they are valid.
2. These Terms and Conditions of Sale, Delivery and Payment apply to all
future transactions with Customer, provided that they are legal transactions
of a related kind.
Definitions:
The terms ’Gira’, ’Customer’ and ’Entrepreneur’ have the following meanings:
Gira is
Gira Giersiepen GmbH & Co KG,
Dahlienstrasse,
42477 Radevormwald
Customer is any entrepreneur, with whom Gira enters into a contract in
accordance with Section 2 of these General Terms and Conditions.
Entrepreneur is any natural or legal person or partnership with legal
capacity which is exercising its trade or profession when entering into
a transaction with Gira.
1. General provisions
1. Gira reserves without limitation its rights of ownership and exploitation
of copyright in respect of cost estimates, drawings and other documents.
The documents may be made available to third parties only with Gira’s prior
written consent. If the order is not placed, they must be returned to
Gira upon request without undue delay. Sentences 1 and 2 apply mutatis
mutandis to Customer’s documents. However, these may be made available
to any third parties that Gira has commissioned, as permitted by the
contract, to deliver the products and services.
2. Partial deliveries are permitted if they are acceptable to Customer.
2. Offer and conclusion of the contract
Any order that can be seen as an offer under the terms of Section 145 BGB
can be accepted by Gira within two weeks.
3. Scope of the deliveries and services
The documents, drawings, information about weights, samples etc. enclosed
with Gira’s offer are only approximate, unless otherwise stated in the offer.
Änderungen der Konstruktion,
Gira expressly reserves the right to make changes to the design, layout,
choice of materials and manufacturing process even after sending the order
confirmation, provided that this does not affect the quality, price and/or
material functional data or the delivery period, and that this is acceptable
to Customer.
4. Delivery periods
1. The delivery period specified by Gira is not binding, unless other
agreements are reached with Customer. This is expressly dependent on
correct and timely deliveries being made to Gira.
2. The delivery period will be extended if unforeseen, unusual, or unavoidable
events occur, in particular strikes of any kind, embargoes, or the failure of
Gira’s suppliers to deliver on schedule.
3. If the shipment of the goods is delayed at Customer’s request or for other
reasons that are not Gira’s responsibility, Customer will pay the resulting
additional costs and will bear the risk of the goods being destroyed or
damaged accidentally, as soon as it has informed Gira that it is ready to
receive the shipment.
4. If the product is stored in Gira’s factory (or on the premises of Gira’s
authorised representatives), Gira is entitled to charge at least 0.5 % of the
price of the delivery for every month or part of a month of storage. Gira
reserves the right to make other claims, particularly under the terms of
Section 373 of the German Commercial Code (HGB).
5. Gira reserves the right to make partial or early deliveries.
6. In the event of a delay in delivery, for which Gira is responsible, Customer
is obliged to inform Gira in writing of an appropriate extension period. If, in
the event of a delay in delivery, Customer grants Gira an extension period
that is reasonable in the circumstances and if Gira misses the new deadline
due to reasons, for which Gira is responsible, Customer is entitled to
withdraw from the contract. Customer may only claim compensation if any
losses or damage suffered were caused intentionally or as a result of gross
negligence.
Terms and conditions of sale, delivery and payment
for the Building Technology business division
