General standard terms and conditions

General standard terms and conditions

Contents: Revocation instruction

A. General standard terms and conditions for consumers

  1. General (validity, written form, notes on import and export)
  2. Contract closing, advance payments
  3. Dispatch, adaptation, passage of risk
  4. Guarantee
  5. Liability
  6. Conditions of payment
  7. Reservation of ownership
  8. Copyright
  9. Data protection, material
  10. Applicable law
  11. Place of jurisdiction, place of performance
  12. Partial invalidity

B. General standard terms and conditions for non-consumers

  1. General (validity, written form, notes on import and export)
  2. Contract closing, advance payments
  3. Dispatch, adaptation, passage of risk
  4. Guarantee
  5. Liability
  6. Conditions of payment
  7. Reservation of ownership
  8. Copyright
  9. Data protection, material
  10. Applicable law
  11. Place of jurisdiction, place of performance
  12. Partial invalidity

Revocation instruction Right of revocation:

You can revoke your contract declaration within two weeks, without specification of reasons, in text format (e.g. letter, fax, e-mail) or, if the materials will be provided to you before expiration of the notice period, through sending back the materials. The notice period begins following receipt of this instruction in text form, however, not before receipt of the goods by the recipient (in case of recurring delivery of similar-type goods, not before receipt of the first partial delivery), and also not before compliance with our duties to provide information, pursuant to § 312c Sect. 2 BGB, in association with § 1 Sect. 1, 2 and 4 BGB-InfoV, as well as our obligations pursuant to § 312e Sect. 1 Clause 1 BGB, in association with § 3 BGB-InfoV. For compliance with the withdrawal notice period, the punctual dispatch of the revocation or the materials satisfies.

The revocation is to be directed to:
Ernst Brinck & Co. GmbH
Erkrather Str. 106 - 110
D-42781 Haan
Germany
Telefon: +49 (0) 2129-2027
Telefax: +49 (0) 2129-6518
E-Mail: info@brinck.de

Contents

Revocation results:

In case of an effective revocation, the performances received on both sides are to be returned and, where appropriate, any benefits derived (e.g. interest) given over. If you cannot return the received performance completely or in part, or in impaired condition only, you must provide value compensation in this respect as appropriate. With the transfer of materials, this does not apply if the degradation of the object can be attribute exclusively to its testing - as it would have been possible for you, for instance in the shop. For any degradation which has arisen through the use of the object according to specification, you do not have to provide any value compensation.

Objects which are capable of dispatch by package are to be returned at our risk. You have to bear the costs of the return if the supplied goods correspond to the ordered items, and when the price of the object to be sent back does not exceed an amount of 40 Euro, or if you have not yet provided the return service or an instalment as contractually agreed, in case of a higher price of the object at the time of the revocation. Otherwise, the sending back is clear of all charges for you. Objects which are not capable of dispatch by package will be fetched from you.

Obligations to reimbursement of payments must be fulfilled within 30 days. The notice period begins for you with the dispatch of your revocation declaration or the material; for us with its receipt.

End of the revocation instruction

Contents

A. General standard terms and conditions for consumers(You can find the general standard terms and conditions for non-consumers below under letter B.)

  1. General (validity, written form, notes on import and export)
    1. These stipulations apply exclusively in case of utilisation with respect to customers who are consumers as specified by the BGB.
    2. These stipulations definitively regulate the legal relationships between BRINCK and their customers.
    3. Stipulations of the customer which differ from these regulations are not considered. They are herewith contradicted explicitly. No agreements exceeding these regulations exist.
    4. For their effective inclusion, changes and extensions require written confirmation through both parties. Anything different to the written form requirement must be in written form only.
    Contents
  2. Contract closing, advance payments
    1. As a result of the representation of the offered products and services in catalogues or online offer, BRINCK customers require only the delivery of an offer. The specifications of the offered products and services designated by BRINCK in each case are non-binding and do not bind BRINCK until after written confirmation.
    2. The customer is bound to his order (offer), provided that BRINCK holds in stock the products and services, commissioned by him by order, in the required specification and quantity, or can supply them within a reasonable period. Provided that the customer is not provided with a confirmation communication from BRINCK within 14 days following delivery of his offer, and BRINCK has not yet begun with the implementation of the order, the customer is not bound to the offer from BRINCK any longer.
    3. A confirmation from BRINCK concerning the receipt of an order/offer does not represent any declaration of acceptance.
    4. BRINCK submits declarations of intent in each case, subject to reservation of the correct and punctual self-supply through the supplier, unless BRINCK would be responsible for a possibly incorrect delivery or non-delivery. If the implementation of a contract appears to BRINCK to be impossible, BRINCK will inform the customer about this. Any service already provided is then returned, where appropriate.
    5. Price quotations in the online offer from BRINCK are understood including the legal VAT-tax, plus the respective dispatch, packaging and insurance costs. Price quotations do not refer to accessories or decorations possibly represented.
    6. BRINCK may adapt prices to a general cost increase, as necessary, for the performances to be provided by itself according to contract, if more than six weeks are between contract closing and arranged delivery schedule, and if, after that, until completion, wages, costs of materials or market-usual prices increase or if the exchange rates change.
    Contents
  3. Dispatch, adaptation, passage of risk
    1. The customer has to bear any costs resulting from every delivery, in particular dispatch, packaging and insurance costs, in each case.
    2. A delivery schedule is guaranteed as binding only following explicit and written confirmation on the part of BRINCK.
    3. BRINCK selects the transportation company to be instructed with the forwarding.
    4. BRINCK fulfils the delivery commitment with transfer of the goods to the transportation company. Simultaneously, the risk passes to the customer for all damages arising for the goods, as well as cases of accident.
    Contents
  4. Guarantee
    1. BRINCK guarantees that the products and services provided with passage of risk possess the arranged properties, or (insofar as an agreement concerning the properties has not been reached) the products and services are suitable for the utilisation presupposed according to contract, and are also suitable for usual utilisation and indicate properties which are usual, in case of materials of the same type and that the customer can expect, according to the type of materials. No guarantee or warranty exceeding that is provided.
    2. Delay on the part of BRINCK is not considered to occur until after a written reminder from the customer. If the delivery becomes impossible through force majeure, BRINCK is exempted from the delivery commitment. If the impairment lasts longer than six weeks, both parties are entitled to retire from the contract.
    3. In case of the presence of a deficiency which is their responsibility, BRINCK may choose between improvement repair and a replacement delivery of the deficient goods, to be implemented free of charge. If the defect remedy fails twice, the customer can resign from the contract, or he can reduce the price, according to his choice. The customer can make further damage restitution claims. The customer is further entitled to return sub-standard goods against credit memo in the amount of the value of the sub-standard goods.
      Dem Kunden wird ferner angeboten, Ausschussware gegen Gutschrift in Höhe des Werts der Ausschussware zurückzusenden.
    4. BRINCK bears the costs of any improvement repair, in particular route and transport costs, only in the case where the deficient products are still at the initial performance location, or no higher costs arise through another location. BRINCK bears the costs of a replacement delivery. The replacement delivery is basically implemented to the initial performance location, unless a different agreement has been concluded between the parties.
    5. Returns which are sent not free of charge are basically not accepted by BRINCK subject to an explicit written approval. Regardless of this, BRINCK will reimburse the customer for any costs incurred in the case of an entitled return, insofar as this has appeared, from an objective viewpoint, justified with respect to amount at the forwarding time. BRINCK will basically not complain about return dispatch costs at the lowest rate. Any sending back must first be co-ordinated between the parties.
    6. Claims on guarantee are subject to statutory limitation regulations.
    Contents
  5. Liability
    1. BRINCK is liable exclusively for those damages of the customer which can occur supposedly typically and/or foreseeable from the contract, provided that BRINCK, a legal agent or an assistant, has caused these through intent or gross negligence.
    2. BRINCK does not assume any liability for circumstances which lie outside of the actual purpose of contract.
    3. Explicitly excluded from the liability limitations of Items V.1 and 2 are damages from culpable injury to life, limb or health of the customer, as well as the fault-independent liability, in particular according to the product liability law.
    4. BRINCK assumes liability only within the contractual relationship and directly with respect to the customer. No rights of third parties are established based on the contract.
    5. Claims against BRINCK are subject to the legal statutory limitation regulations.
    Contents
  6. Conditions of payment
    1. Unless other agreements have been concluded between the parties, the delivery is implemented against cash in advance (this applies exclusively for new customers). The same applies in case of delivery of samples desired by the customer.
    2. Advance payments of the customer are charged with the final account. With passage of risk, an outstanding amount becomes due for immediate payment and without deduction. At the latest, 30 days after that, the customer is in default of payment. The customer has to indemnify BRINCK for the damage caused by delay at 5 percentage points above the respective base interest rate.
    3. Offset is permissible exclusively in case of counterclaims which are undisputed or determined as legally binding.
    Contents
  7. Reservation of ownership Except for cases of §§ 946 ff. BGB, the following reservation of ownership applies:
    1. Until for the complete payment of the total sum, all goods provided to the customer remain the property of BRINCK. The customer takes over full liability for those goods which are the property of BRINCK.
    2. The customer is entitled to use the products delivered to him. If the customer comes into delay with payment, however, this consumption authority can be revoked on the part of BRINCK and the return of the goods, which are the property of BRINCK, can be demanded.
    3. The customer is revocably authorised to the redemption of these claims. BRINCK will pronounce the revocation and call in the transferred claims only if the customer is in delay with his obligations to pay, if he has ceased his payments or if an application has been made for the opening of insolvency or composition proceedings.
    4. The customer grants BRINCK the right to enter corresponding premises and to transport away reservation goods from there, provided that BRINCK may demand such a handover.
    Contents
  8. Copyright
    1. UCopyrights, design patent rights, trademark rights, and other rights (e.g. conceptions, concepts, drafts etc.) which, as a result of advance performances, are established within the framework of a contractual relationship (including the contract initiation), arise exclusively for BRINCK. No use and/or utilisation rights are granted to the customer, unless another written agreement concerning same has been concluded.
    2. Dependent on the scope of his contribution, the customer can be considered as a co-owner of such rights if need be, and BRINCK herewith irrevocably dispenses with any assertion of usage, utilisation and/or other relevant rights.
    Contents
  9. Data protection, material
    1. BRINCK uses and stores customer data sent to them for the purpose of order processing, and passes this data on to third parties for this objective. BRINCK further reserves the right to use the data for the purpose of its own advertising. The customer can object to the use of the data for advertising purposes at all times.
    2. BRINCK is not obliged to provide the physical and digital material and/or results required for production as soon as three years have elapsed since the last delivery.
    3. Any transmitting of customer-related data to third parties for advertising purposes shall not be implemented.
    Contents
  10. Applicable law The application of the law of the Federal Republic of Germany is arranged exclusively, with exception of the UN Purchase Law (CISG).
  11. Place of jurisdiction, place of performance
    1. Place of jurisdiction for all legal disputes arising from any business relation is Haan. Meanwhile BRINCK also reserves the right to sue the customer at the court with jurisdiction at his place of residence and company headquarters.
    Contents
  12. Partial invalidity
    1. If individual conditions should be ineffective or become so, the legal regulation takes their place. The effectiveness of the remaining conditions remains unchanged.
    Contents

B. General standard terms and conditions for non-consumers

  1. General (validity, written form, notes on import and export)
    1. These stipulations apply exclusively in case of utilisation with respect to customers who are not consumers as specified by the BGB.
    2. These stipulations definitively regulate the legal relationships between BRINCK and its customers. The customer recognises as binding these stipulations in their valid version in each case, also for future business transactions with BRINCK.
    3. Stipulations of the customer differing from these regulations are not applicable. They are herewith explicitly rejected. No agreements exceeding these regulations exist.
    4. Changes and extensions require written confirmation through both parties for their effective inclusion. The written form requirement can be dispensed with only in writing.
    5. Certain products and services can, under some circumstances, be subject to special import/export controls and/or limitations. It is the responsibility of the customer to check corresponding stipulations and to comply with them. Also the obtaining of necessary public-legal approvals, as well as the procurement of the documents necessary for the import / export of certain products, are associated with that, as appropriate.
    6. The customer has to inform BRINCK as early as with ordering if he requires a certificate of origin.
    7. The customer recognises that possibly no product can be exported or resold without the customer ensuring the observation of all legal stipulations beforehand.
    Contents
  2. Contract closing, advance payments
    1. With the representation of the offered products and services in catalogues or the online offer, BRINCK requires customers to make an offer only. The designated specifications of the products and services offered by BRINCK in each case are non-binding, and do not bind BRINCK until after written confirmation.
    2. The customer is bound to his order (offer), provided that BRINCK holds in stock the products and services, commissioned by him by order, in the required specification and quantity, or can supply them within a reasonable period. Provided that the customer is not provided with a confirmation communication from BRINCK within 14 days following delivery of his offer, and BRINCK has not yet begun with the implementation of the order, the customer is not bound to the offer from BRINCK any longer.
    3. A confirmation of BRINCK concerning the receipt of an order/offer does not represent any declaration of acceptance.
    4. BRINCK submits declarations of intent in each case, subject to reservation of the correct and punctual self-supply through the supplier, unless BRINCK would be responsible for a possibly incorrect delivery or non-delivery. If the implementation of a contract appears to BRINCK to be impossible, BRINCK will inform the customer about this. Any already implemented service is then returned, where appropriate.
    5. The customer has to test and approve the advance services, generated at his desire, within 2 weeks following receipt (e.g. models, ingot moulds, die cast forms etc.). After this notice period has expired, approval is considered as given. With receipt of the advance services, the customer is again separately referred to the result of his silence.
      Advance services of the type under discussion, as well as their replacement models and resulting moulds, including accessories, remain the property of BRINCK.
      Such advance services of the type under discussion are also employed exclusively for future deliveries to customers who commissioned these initially, as long as the customer fulfils has obligations to BRINCK. If three years have elapsed since the last delivery, BRINCK is not obliged to further retention.
    6. Advance services on the part of BRINCK, which were provided on customer preference during the contract initiation, can be charged to the customer, considering the time outlay, even if a contract closing between the parties does not come about, unless this is the responsibility of BRINCK.
    7. Price quotations by BRINCK - except for the price quotations in the online offer - are understood plus the legal VAT-tax in the respective amount. The respective dispatch, packaging and insurance costs are charged in addition. Price quotations do not refer to accessories or decorations possibly represented.
    8. BRINCK may adapt prices to a general costs increase as necessary, for the performances to be provided by itself according to contract, if more than six weeks are between contract closing and arranged delivery schedule, and if, after that, until completion, wages, costs of materials or the market-usual prices increase or if the exchange rates change.
    Contents
  3. Dispatch, adaptation, passage of risk
    1. The customer has to bear any costs resulting from every delivery in each case, in particular dispatch, packaging and insurance costs.
    2. A delivery schedule is first guaranteed as binding only following explicit and written confirmation on the part of BRINCK.
    3. BRINCK selects the transportation company to be instructed with the forwarding.
    4. BRINCK fulfils the delivery commitment with transfer of the goods to the transportation company. Simultaneously, the risk passes to the customer for all damages arising for the goods, as well as cases of accident.
    Contents
  4. Guarantee
    1. BRINCK fulfils the contractually-agreed obligations with all reasonable care and in the interests of the customer. The customer recognises that slightly increased or decreased deliveries up to 10% can result for production-technical reasons. In addition, the merely insignificant reduction of the utility of the goods also does not entitle the customer to the assertion of guarantee rights.
    2. BRINCK guarantees that the products and services provided with passage of risk possess the arranged properties, or (insofar as any agreement concerning the properties has not been concluded) the products and services are suitable for the utilisation presupposed according to contract, and are also suitable for usual utilisation and indicate properties which are usual, in case of materials of the same type and that the customer can expect, according to the type of materials. No guarantee or warranty exceeding that is provided.
    3. Delay on the part of BRINCK is not considered to occur until after a written reminder from the customer. If the delivery becomes impossible through force majeure, BRINCK is exempted from the delivery commitment. If the impairment lasts longer than six weeks, both parties are entitled to retire from the contract.
    4. It is the responsibility of the customer, following receipt of the products supplied by BRINCK, to check and to test these immediately with due care. Possible deficiencies are to be notified to BRINCK immediately, at the latest, 7 days after knowledge acquisition. The supplied goods are considered to be approved as deficiency-free after this notice period has expired. The same regulation applies in case of defects which only become identifiable at a later time.
    5. In case of the presence of a deficiency which is their responsibility, BRINCK may choose between improvement repair and a replacement delivery of the deficient goods, to be implemented free of charge. If the defect remedy fails twice, the customer can resign from the contract, or he can reduce the price, according to his choice. The customer can make further damage restitution claims.
      The customer is further entitled to return sub-standard goods against credit memo in the amount of the value of the sub-standard goods.
    6. BRINCK bears the costs of any improvement repair, in particular route and transport costs, only in the case where the deficient products are still at the initial performance location, or no higher costs arise through another location. BRINCK bears the costs of a replacement delivery. The replacement delivery is basically implemented to the initial performance location, subject to a different agreement between the parties.
    7. Returns which are sent not free of charge are basically not accepted by BRINCK - except for in the case of an explicit written approval. Regardless of this, BRINCK will reimburse the customer for any costs incurred in the case of an entitled return, insofar as this has appeared, from an objective viewpoint, justified with respect to amount at the forwarding time. BRINCK will basically not complain about return dispatch costs at the lowest rate. Any sending back must first be co-ordinated between the parties.
    8. Claims on guarantee are subject to statutory limitation regulations following one year.
    Contents
  5. Liability
    1. BRINCK is liable exclusively for those damages of the customer which can occur supposedly typically and/or foreseeable from the contract, provided that BRINCK, a legal agent or an assistant, has caused these through intent or gross negligence.
    2. BRINCK does not assume any liability for circumstances which lie outside of the actual purpose of contract.
    3. Explicitly excluded from the liability limitations of Items V.1 and 2 are damages from culpable injury to life, limb or health of the customer, as well as the fault-independent liability, in particular according to the product liability law.
    4. The customer has to ensure, before contract closing, that the implementation of the customer order does not violate either legal stipulations or rights of third parties. The customer exempts BRINCK from corresponding claims.
    5. BRINCK assumes liability only within the contractual relationship and directly with respect to the customer. No rights of third are established as a result of the contract.
    6. Claims against BRINCK are subject to the legal statutory limitation regulations one year after legal statutory limitation beginning, provided that they are not caused by culpable conduct attributable to BRINCK. Then the legal limitation periods apply.
    Contents
  6. Conditions of payment
    1. Subject to other agreements between the parties, the delivery is implemented against cash in advance (this applies exclusively for new customers). The same applies in case of delivery of samples desired by the customer.
    2. BRINCK is entitled, after provision of delimitable part performances (for example concepts etc.) to demand instalment payments which are calculated according to the content of the part performance with respect to the total order. This applies regardless of Item VI.1., also in the case where the entire invoice amount of the customer by cash in advance is not to be paid.
    3. Advance payments of the customer are charged with the final account. With passage of risk, an outstanding amount becomes due for immediate payment and without deduction. At the latest, 30 days after that, the customer is in default of payment. The customer has to indemnify BRINCK for the damage caused by delay at 8 percentage points above the respective base interest rate. Subject to other agreements, BRINCK grants a 2% cash discount to the customer in case of payment within 8 days following date of invoice, if no due claims remain open.
    4. The customer is not authorised to service rejection based on warranty claims, unless the customer's complaint was recognised by BRINCK in writing.
    5. Offset is permissible exclusively in case of counterclaims which are undisputed or determined as legally binding.
    Contents
  7. Reservation of ownership Except for cases of §§ 946 ff. BGB, the following reservation of ownership applies:
    1. Until the complete payment of the total sum, all goods provided to the customer remain the property of BRINCK. The customer takes over full liability for those goods which are the property of BRINCK.
    2. The customer is entitled to use the products delivered to him, or to sell them in proper business transactions. If the customer comes into delay with payment, however, this consumption and sale authority can be revoked on the part of BRINCK and the return of the goods which are the property of BRINCK can be demanded. The customer is obliged to insure the goods at the replacement value against typical dangers.
    3. The customer shall transfer all claims as security, in their full amount, to BRINCK, that he acquires from the sale of the reservation goods with respect to his consumers or third parties, and claims from insurance benefits based on failure or damage of the reservation goods, or from illicit handling.
    4. The customer is revocably authorised to the redemption of these claims. BRINCK will pronounce the revocation and call in the transferred claims only if the customer is in delay with his obligations to pay, if he has ceased his payments or if an application has been made for the opening of insolvency or composition proceedings.
    5. The customer grants BRINCK the right to enter corresponding premises and to transport away reservation goods from there, provided that BRINCK may demand such a handover.
    Contents
  8. Copyright
    1. Copyrights, design patent rights, trademark rights, and other rights (e.g. conceptions, concepts, drafts etc.) which, as a result of advance performances, are established within the framework of a contractual relationship (including the contract initiation), arise exclusively for BRINCK. No use and/or utilisation rights are granted to the customer, subject to another written agreement concerning same.
    2. Dependent on the scope of his contribution, the customer can be considered as a co-owner of such rights if need be, and BRINCK herewith irrevocably dispenses with any assertion of usage, utilisation and/or other relevant rights.
    Contents
  9. Data protection, material
    1. BRINCK uses and stores customer data sent to them for the purpose of order processing, and passes this data on to third parties for this objective. BRINCK further reserves the right to use the data for the purpose of its own advertising. The customer can object to the use of the data for advertising purposes at all times.
    2. BRINCK is not obliged to provide the physical and digital material and/or results required for production as soon as three years have elapsed since the last delivery.
    3. Any transmitting of customer-related data to third parties for advertising purposes shall not be implemented.
    Contents
  10. Applicable law The application of the law of the Federal Republic of Germany is arranged exclusively, with exception of the UN Purchase Law (CISG). Contents
  11. Place of jurisdiction, place of performance
    1. Place of jurisdiction for all legal disputes arising from any business relation is Haan. Meanwhile BRINCK reserves the right to also sue the customer at the court with jurisdiction at his place of residence and company headquarters.
    2. Place of performance for all rights and obligations resulting from the contract is Haan exclusively.
    Contents
  12. Partial invalidity If individual conditions should be ineffective or become so, the legal regulation takes their place. The effectiveness of the remaining conditions remains unchanged. Contents

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