The Goress company, unless otherwise agreed in the contract, works exclusively according to its own terms and conditions.
General terms and conditions of sale and delivery become part of the contract through our order confirmation, with which every order comes into effect unless deviations are contained in the written text for individual cases.
The supplier renders its services in Germany, Austria, Switzerland and the Principality of Liechtenstein after written agreement products can be delivered to all other countries.
1. Offer the documents belonging to the offer, such as illustrations, drawings, weights and dimensions, are only approximate unless they are expressly designated as binding. The supplier reserves the right of ownership and copyright to cost estimates, drawings and other documents. They may not be made accessible to third parties. The supplier is obliged only to make plans designated as confidential and accessible to third parties with the customer’s consent. Information on procedures, consumption and services is only approximate unless they are expressly designated binding.
2. The supplier’s written order confirmation is decisive for the scope of the delivery. Assurances of properties, ancillary agreements and changes require written proof from the supplier. The supplier reserves the right to make changes to the design and form of the delivery item.
1. The prices apply for ex-works, excluding packaging. VAT is added to the prices at the respective statutory rate. If the delivery takes place more than four months after the conclusion of the contract, the supplier’s prices applicable on the day of dispatch will be charged.
2. Payment is to be made without any deductions to the supplier’s payment office, usually 1/3 down payment upon receipt of the order confirmation and 57% one week before delivery, 10% as the final payment in accordance with the conditions listed in the order confirmation. However, other terms of payment can also be agreed upon.
3. A right of retention or offsetting is only permissible with legally binding claims.
4. The packaging will be charged separately and will not be taken back.
5. Even after the contract has been concluded, the supplier is only entitled to deliver against advance payment at any time.
6. All costs, fees, levies, taxes and other expenses that are levied on the goods, wages, salaries, allowances, etc. by the supplier or the assembly company on the basis of national laws are not part of the order and are to be paid at the expense of the client.
7. Procurement of the chassis is the sole responsibility of the customer.
8. Chassis can also be purchased from Goress. Contractual provisions apply.
1. The delivery period is extended appropriately in the event of measures in the context of labour disputes, in particular strikes and lockouts, as well as the occurrence of unforeseen obstacles that are beyond the control of the supplier, insofar as such obstacles can be proven to have a significant influence on the completion or delivery of the delivery item. This also applies if the circumstances occur with subcontractors. The supplier is also not responsible for the aforementioned circumstances if they occur during an already existing delay. In important cases, the supplier will inform the customer of the beginning and end of such hindrances as soon as possible. If the customer incurs damage due to a delay after the grace period, which has arisen as a result of the supplier’s own fault, then the latter is entitled to demand compensation for delay to the exclusion of further claims. For each full week of delay, it amounts to 1% of 100% as a whole, but no more than 5% of 100% of the value of that part, the total delivery, which cannot be used on time or in accordance with the contract as a result of the delay.
2. If shipping is delayed at the request of the customer, he will be billed for the costs incurred by storage at the supplier’s works, but at least ½ of 100 of the invoice amount, for each month, starting after notification of readiness for shipment. However, the supplier is entitled to otherwise dispose of the delivery item after setting and fruitless expiry of a reasonable deadline and to supply the customer with a reasonable, extended deadline.
3. Adherence to the delivery period presupposes that the customer has fulfilled his contractual obligations.
4. In the event of a delay in delivery, the rights of the contract are determined. further claims are excluded.
1. The risk is transferred to the customer at the latest when the delivery parts are dispatched, picked up or reported as ready, even if partial deliveries are made or the supplier has taken on other services, e.g. the shipping costs or delivery and installation.
2. Transport insurance and the like will only be taken out at the express request of the customer. The customer then has to bear the costs.
3. If the shipment is delayed as a result of circumstances for which the customer is responsible, the risk passes to the customer from the day the goods are ready for shipment; however, the supplier is obliged to take out the insurance requested by the customer at his request and expense.
4. In the case of delivery by the supplier’s suppliers directly to the buyer, the time of the transfer of risk shall be deemed to be the delivery from the supplier’s location to a freight forwarder or the like.
5. The customer also bears the risk for loaned items such as loaned vehicles, tools, loaned bottles, loaned drums, etc. until they are returned to the supplier’s works or the works of the subcontractor or an agency notified by the supplier.
6. Delivered items are to be accepted by the customer undamaged, even if they have minor defects. The customer is obliged to accept.
1. The supplier retains ownership of the delivery item until receipt of all claims against the customer, even if these are considered to be connected to other parts, e.g. chassis and similar or to parts of the building. If the customer fails to comply with the general terms and conditions of sale and delivery or if the supplier withdraws from the contract, the supplier is permitted to enter the plant rooms etc. with assistants for the purpose of removal. In the case of connection with other items, the supplier is entitled to take the entire item. In such a case, payments made will be offset against rent, wear and tear, deterioration and dismantling of the delivered parts up to the appropriate amount. The parts delivered and connected under retention of title can be used by the supplier to the best of his ability, taking into account the costs/damage incurred. Excess proceeds are to be reimbursed. The retention of title applies until all claims of the supplier against the customer from the business relationship, including future claims from contracts concluded at the same time or later, have been settled. This also applies if an individual or all of the supplier’s claims have been included in a current invoice and the balance has been drawn and acknowledged. In the event of a breach of contract by the customer, in particular default in payment, the supplier is entitled to take back the delivery item after a reminder and the customer is obliged to surrender it. In the event that the Supplier takes back or distrains the item, a rescission of the contract shall only exist if the Supplier expressly declares this in writing, provided that the Installment Payments Act does not apply. In the event of attachments or other interventions by third parties, the customer must inform the supplier immediately in writing and provide all necessary explanations.
2. If the supplier’s claims have not yet been settled, the customer is not entitled to resell the delivery item. However, should this happen illegally, the customer hereby assigns all claims with all ancillary agreements to the supplier that accrue to him from the resale against the customer or against third parties, regardless of whether the reserved goods were resold without or after further processing. The supplier is entitled to assert these rights directly against the customer or third parties. The supplier can demand that the customer informs him of the assigned claims and their debtors, provides all information required for the collection, hands over the relevant documents and informs the debtors of the assignment. If the delivery item is resold together with other goods that do not belong to the supplier, the customer’s claim against the customer in the amount of the delivery price agreed between the supplier and customer is deemed assigned.
3. The retention of title and the security to which the supplier is entitled to apply until full release from contingent liabilities that the supplier has entered into in the interest of the customer.
4. The supplier is entitled to insure the delivery item against theft, breakage, fire, water and other damage at the expense of the customer unless the customer has demonstrably taken out the insurance himself. 5. The customer may neither pledge the delivery item nor assign it as security. In the event of seizure, confiscation or other dispositions by third parties, he must inform the supplier immediately.
1. If the customer withdraws from the contract without any particular reason, the supplier will receive 20% of the sales price as compensation. Further claims for damages are unaffected by this.
2. The customer can withdraw from the contract if the supplier is finally unable to perform the entire service before the transfer of risk. The same applies if the supplier is unable to do so.
3. If there is a delay in performance in terms of delivery. of the terms of delivery and if the customer grants the defaulting supplier a reasonable period of grace with the express declaration that he will refuse to accept the service after this period has expired, and if the period of grace is not observed, the customer is entitled to withdraw if he is further delay in delivery will result in considerable damage. However, this must have been determined by a court.
4. If the impossibility occurs during the delay in acceptance or through the fault of the customer, the customer remains obliged to provide consideration.
5. All other, more extensive claims of the customer are excluded, in particular for termination or price reduction as well as compensation for damages of any kind, including those that did not occur on the delivery item itself. This exclusion of liability does not apply in the event of gross negligence on the part of the owner or managerial staff, or in the event of culpable violation of essential contractual obligations. In the event of a culpable breach of essential contractual obligations, the supplier shall only be liable for damage that is typical for the contract and reasonably foreseeable, except in cases of intent and gross negligence on the part of the owner or managerial staff. Furthermore, the exclusion of liability does not apply in cases in which, according to the Product Liability Act, there is a liability for personal injury or property damage to privately used items after defects in the delivery item. It also does not apply in the absence of properties that are expressly guaranteed, if the purpose of the guarantee was to protect the customer against damage that did not occur in the delivery item itself.
For all disputes arising from the contractual relationship, if the customer is a registered trader, a legal entity under public law or a special fund under public law, legal action must be taken at the court responsible for the supplier’s headquarters. The supplier is then also entitled to sue at the customer’s headquarters
The terms and conditions of sale and delivery also apply to customers who have their own terms and conditions of purchase, unless Goress has expressly acknowledged these terms and conditions of purchase in writing.
Should any of the above clauses be or become ineffective, the ineffective conditions should be replaced by such provisions which come as close as possible to the economic purpose of the contract while adequately safeguarding the interests of both parties. For the rest, the contract remains binding in its remaining parts even if individual points are legally ineffective.