Terms and Conditions
DEKOZELL® General Terms and Conditions
§ 1 – General, scope of application
I. All offers, deliveries and other services of DEKOZELL GmbH + Co KG are subject exclusively to these General Terms and Conditions. Any terms and conditions of the customer that deviate from or are not contained in our terms and conditions shall not be recognized unless DEKOZELL GmbH + Co. KG has expressly agreed to their validity in writing. Counter-confirmations by the customer with reference to his terms and conditions of business or purchase are hereby rejected.
II. The rental contract conditions regulated in §3 apply to the rental services provided by us.
§ 2 – Technical application notes, warranty
I. Our technical application advice given verbally, in writing and through material tests corresponds to the current state of our knowledge and is intended to provide information about our products and their possible applications. However, it does not release the user or processor from the obligation to carry out their own professional testing of the substrates to be encountered on site for their load-bearing capacity (e.g. cross-cut) and applicability of the product. In particular, care must be taken to ensure that the substrate coating is professional and can ultimately only be decided on site, that it prevents the penetration of substrate efflorescence during and after the drying time and provides a sufficient adhesive base for the DEKOZELL material to be applied.
II. The coating structure proposed by us for substrate pre-treatment corresponds to our many years of experience and has proven itself many times over. Nevertheless, our instructions and recommendations in no way release customers and applicators from the obligation to satisfy themselves with due care of the suitability of our products and our instructions for substrate pre-treatment for the respective application.
III. Should a justified claim for damages nevertheless arise, this shall be limited to the value of the goods delivered and actually processed by us for all damages that are not based on intent or gross negligence. Otherwise, our liability is excluded in all respects, whether on a contractual or legal basis, or due to the breach of obligations of any kind, unless we can be proven to be at fault in the case of injury to life, limb and health, or gross negligence or intent in all other cases.
IV. In the case of delivery of third-party products, our liability shall be limited to the procurement of our existing claims against the subcontractor.
§ 3 – Rental contract conditions
I. The rental of tools or equipment is subject to a fee. For this purpose, the number of rental days shall be estimated in advance on an accommodating basis. After return and actual receipt of the rental goods to DEKOZELL GmbH + Co KG, the rental days will be recalculated if necessary. The date of actual receipt of the returnable items by DEKOZELL GmbH + CO. KG rental fees and subsequent invoicing shall be incurred irrespective of whether the rental item was actually used.
II. The loaned items may only be used for processing DEKOZELL interior spray plaster, in careful compliance with our processing and operating instructions. Any use of the articles, e.g. for the application of primers or other building materials, will result in damage and is therefore prohibited. Infringements will result in claims for damages.
III. The rented items must be returned to the lessor in a clean condition. Upon return, the listed rental items will be inspected. Any necessary cleaning and repairs will be charged at cost. Rental items not returned will be charged.
IV. The sender shall be liable for any loss or damage to the rented items during return transportation. This also applies if parcel service contracts of DEKOZELL GmbH + Co KG are used for the return of the rental items. It is therefore in the sender’s own interest to ensure that deliveries to parcel services are carefully receipted and that these receipts are kept. Only in this way can the parcel service be held liable for damages, e.g. in the event of parcel loss.
§4 – Offers, confirmations, returns of goods
I. Contracts, orders and purchase agreements shall only be binding on us if they have been confirmed by us in writing or are fulfilled by deliveries.
II. Returns of goods shall only be accepted by DEKOZELL GmbH + Co KG after prior agreement. In the case of returned goods, the proportionate outward and return freight, packaging costs and a handling fee of at least 15% of the net value of the goods will be deducted from the credit note. The buyer naturally reserves the right to provide evidence of lower damages. Goods that have been in the buyer’s possession during the winter months are generally excluded from exchange due to their sensitivity to frost.
§5 – Prices, terms of payment
I. The quantities delivered shall be decisive for invoicing. Subsequent reductions in the order quantity and reductions in the agreed call-offs may result in an increase in the agreed prices due to additional costs, especially in the case of any special conditions negotiated.
II. all invoices are due for payment immediately upon receipt of the goods, without prejudice to any warranty rights that may arise. A note on the invoice stating “payable by” (date) does not affect the immediate due date and only defines a period until the expiry of which payment can be made without changing the terms.
III. Giro transfer shall be deemed agreed as the method of payment. We shall only accept cash, bills of exchange or checks as payment if expressly agreed. Discounts and other charges or fees shall be borne by the customer.
§6 – Securities
I. Retention of title
The delivered goods shall remain our property until the purchase price has been paid in full.II. Storage
II. Storage
The buyer is obliged to store the goods in a safe, dry and frost-free place until the purchase price has been paid in full. In the event of non-compliance, we reserve the right to claim damages.
III. Duty to provide information
The buyer is obliged to provide us with all information and documents to safeguard our right of ownership. In particular, the buyer shall, upon request, provide us with the names and addresses as well as delivery locations of the recipients of the goods delivered by him.
§7 – Shipping, delivery period, transfer of risk
I. Unless otherwise stated in the offer, we deliver the goods free of shipping costs within Germany. The information on the delivery period is non-binding and is only approximate. In the event of a delay in delivery, the customer can only make a claim against us if gross negligence or intent on our part can be proven. Additional costs due to express deliveries requested by the buyer shall be borne by the buyer.
II. in principle, there is no claim for compensation against us for transport and frost damage that goes beyond the promises of the commissioned parcel service provider or forwarding agent.
§8 – Data storage
I. We work with electronic data processing. All data that is given to us by the customer in connection with the business relationship or that is collected by us about or in connection with the customer is stored for our business purposes and used in particular to maintain the customer relationship.
II. We undertake to treat all data confidentially and, in particular, not to pass it on to third parties.
§9 – Place of jurisdiction
I. If the buyer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the Wismar Local Court or the Schwerin Regional Court, depending on the amount in dispute. DEKOZELL GmbH + Co KG is also entitled to sue the buyer at any other justified place of jurisdiction.
II. The law of the Federal Republic of Germany shall apply exclusively to all contractual and non-contractual relationships, to the exclusion of the Uniform Law on the International Sale of Goods.
DEKOZELL GmbH + Co KG, Gr. Hohe Str. 7, D-23966 Hanseatic City of Wismar
Status 01/2019