Our General Terms of Delivery shall apply in each case in accordance with the latest version, which you can download here (German version):
General Terms of Delivery of Weltron Elektronik GmbH for deliveries of goods to entrepreneurs:
The mutual declarations of both parties are decisive for the scope of the deliveries. These must preferably be made in writing. General terms and conditions of the buyer shall only apply if we have expressly confirmed them. Drawings, offers or samples are exclusively intended for the buyer and may not be passed on to third parties without our consent. This also applies in particular to samples and documents of special types which are made available to us by our suppliers for the purpose of sampling and obtaining approvals. Unless otherwise agreed, partial deliveries are also permissible. For the execution of the order, our General Terms and Conditions shall apply exclusively. The mere sending of the GTC's and the acceptance of the order does not imply any acknowledgement of the buyer's GTC's. In case of doubt, the statutory provisions at the time of order acceptance shall apply.
The prices are ex works excluding packaging plus value added tax at the statutory rate applicable at the time. Unless otherwise agreed, the invoice amount is due immediately upon receipt without deduction. The buyer can only offset claims against us if these are undisputed and legally binding.
The delivered goods remain our property until complete fulfilment. During the existence of the reservation of title, the customer is prohibited from pledging or assigning the goods as security. A resale is only permitted if the goods have already been installed and thus become part of a whole. In the event of resale or further processing, the purchaser hereby assigns to us as security all claims arising from the resale up to the amount of the invoice amount with the authority to collect the claim on a pro rata basis. In the event of seizure, confiscation or other dispositions by the buyer, the buyer must refer to our reservation of title and inform us immediately.
The dates stated in our offers and order confirmations are based on the information provided by our suppliers or on empirical values. We generally do not confirm fixed dates. Liability is excluded for delays in delivery for which we are not responsible. The calendar week stated in our offers and order confirmations corresponds to the expected delivery date at the time of the offer or order entry. Additional costs for possible replacement purchases will not be accepted. The purchaser may only withdraw from the contract within the framework of the statutory provisions insofar as we are responsible for the delay in delivery. A change in the burden of proof to the disadvantage of the purchaser is not associated with the above provisions.
In the event of a delay in delivery, the purchaser is obliged to declare after notification of the new delivery date whether he accepts the delivery with the new deadline or withdraws from the contract. We are entitled to withdraw from the contract if the buyer postpones the agreed acceptance period by more than 90 days into the future or is more than 60 days in arrears with current payments.
The risk is transferred to the buyer, even in the case of carriage paid delivery, when the goods have been handed over to the carrier (forwarding agent, parcel service, post office or courier driver) against confirmation of receipt.
The purchaser may not refuse to accept deliveries due to minor defects (e.g. missing or incorrect labelling, damage to the packaging). Upon receipt of the goods by the buyer, they must be checked for completeness, conformity with the order data and defects.
The buyer is fully responsible for the information given in the order and the selection of the ordered components. The obligation to check the received goods according to § 377 HGB is incumbent on the buyer. Furthermore, we are only liable for material defects for which we are responsible according to the statutory provisions. Possible claims for defects become time-barred in any case 12 months after delivery. In the event of a material defect, we must be given the opportunity to make a replacement delivery within a reasonable period of time. If the supplementary performance fails, the buyer may - without prejudice to any claims for damages - withdraw from the contract or demand a reduction of the agreed remuneration.
In the case of general information on the ordered product, such as size, tolerance, capacity, grid dimension, we will select a corresponding component from our product range depending on availability, unless the order specifies a manufacturer commitment. If the buyer does not expressly object after receipt of the order confirmation or an offer, the delivery will be made according to this selected component. Application, use and processing of the purchased goods is the sole responsibility of the buyer. Any verbal or written application-related advice given by us shall only be deemed to be non-binding information and shall not release the purchaser from the obligation to test the products for their suitability for the intended purposes and processes.
Insofar as delivery is impossible, the buyer is entitled to claim damages, provided that we are responsible for the impossibility. However, a possible claim for damages on the part of the purchaser is limited to a maximum of the value of those parts whose delivery was not possible even after a reasonable grace period had been set. This limitation shall not apply in the event of gross negligence.
This does not imply a reversal of the burden of proof to the disadvantage of the purchaser. The right of the buyer to withdraw from the contract remains unaffected.
Other claims for damages and reimbursement of expenses by the buyer, regardless of the legal basis, are excluded. This does not apply if the legal provisions do not allow an exclusion of liability for the reason or the amount. The claim for damages for the breach of other contractual obligations is in any case limited to the foreseeable damage typical for the contract and determined by the content of these contractual obligations. A change in the burden of proof to the disadvantage of the purchaser is not associated with the above provisions.
Tel.: +49 (0) 9852 81720-0
Fax: +49 (0) 9852 81720-67