General conditions of sale
WT Energiesysteme GmbH, Uttmannstr. 15, 01591 Riesa, Germany
As at: November 2017
Section 1 General information
- The General terms of delivery for products and services in the electrical industry” (Hereinafter called (GTC Electrical Industry) shall apply for business relationships between and our customers in connection with our deliveries or performances in accordance with the following terms of General Terms of Delivery (hereinafter called ”GTC WT”). The GTD Electrical Industry and the GTD WT only apply if the ordering party is an entrepreneur as defined by Sections 31 paragraph 1, Section 14 of the German Civil Code (BGB), a legal person under public law or special fund under public law.
- The GTC Electrical Industry and the GTC WT also apply respectively in their version that is valid upon the conclusion for the contract for any future contracts of the same type without them having to be separately referred to.
- The GTC Electrical Industry and the GTD WT apply exclusively. General terms and conditions of business of the ordering party that deviate from these conditions shall only become the subject matter of the content if and to the extent they we have expressly agreed to their validity in writing. This requirement of consent applies in any case, also, for instance, in those cases in which we unreservedly accept the performances of the ordering party in the knowledge of the general terms and conditions of the ordering party.
- Individual agreements reached in an individual case with the ordering party take priority over the GTC Electrical Industry and the GTC WT. A written contract or our written confirmation is the authoritative thing in terms of the content of such agreements.
- References to the validity of statutory provisions are only of clarifying significance. Therefore, even without such clarification, the statutory provisions shall apply, insofar as they are not directly modified or expressly excluded in the GTC Electrical Industry and the GTC WT.
Section 2 Delivery and performance deadline
- The delivery of the appliances is performed at variance from Clause II.1 of the GTC Electrical Industry in accordance with the Incoterms 2010 DAP free to construction site.
- The delivery date shall be determined by the commissioning date specified in the confirmation of order and agreed upon by the parties.
- In the event of a delay of the acceptance of the delivery or performance by more than 4 weeks that is caused by the client, the delivery or performance shall automatically be deemed to have accepted and approved. In this case WT has the right to invoice the delivery or performance.
- In the event of a delay of the postponement of other deadlines in the agreed timetable and/or payment plan by more than 4 weeks that is caused by the client, the deadline in question shall automatically be deemed to have been realised and observed by the contractor. In this case WT has the right to issue corresponding invoices.
Section 3 Prices and terms of payment
- The price stated in the confirmation of order is binding and applies for the entire offer. All the prices are net prices plus the respective statutory rate of turnover tax owed by the ordering party. This is additionally stated and billed in the invoice. Storage fees are not contained in it and shall be invoiced separately.
- The prices are calculated on the basis of an order for the entire offer including the equipment and technical conditions described by us. In the case of partial commissioning or orders of only individual components as well as technical changes, we are entitled to make price adjustments. Any necessary non-contractual services shall be remunerated separately.
- The agreed price shall be invoiced in accordance with the payment plan. Invoice amounts shall be due for payment within 30 calendar days following the receipt of a proper invoice. In the case of a bank transfer the timeliness of the payment and the crediting of the amount to the account of the recipient is the key thing.
- If no payment plan has been agreed upon then the order price shall be due for payment within 30 calendar days following the receipt of a proper invoice. In the case of a bank transfer the timeliness of the payment and the crediting of the amount to the account of the recipient is the key thing.
- In the event of a postponement of a date caused by the client, the payment deadline for the invoice resulting from this date shall be shortened by the duration of the delay.
Section 4 Warranty period and liability
- In addition to the provisions in Clause VIII.2. of the GTC Electrical Industry, the warranty period begins no later than 4 weeks after notification of the readiness for acceptance, if the acceptance is delayed for reasons for which we are not responsible.
- In addition to the conditions in Clause VIII. of the GTC Electrical Industry the ordering party shall exempt us from the claims for damages of third parties upon the first request for which we are not responsible if the cause of this is in its sphere of control and organisation and it is liable itself vis-à-vis third parties.
- The liability for consequential damage of a defect, such as a loss of production or loss of profit is excluded. This does not apply according to Clause XII. of the GTC Electrical Industry to the exceptions stated there, in particular in the cases of intent and gross negligence.
Section 5 Concluding provisions
- The contractual language is German. All the technical documents are handed over in German.
- If one of the provisions of the GTC WT should be ineffective then the effectiveness of the remainder of the contract shall remain unaffected by this.
- Insofar as the contract or the GTC WT contain regulatory loopholes, those legal provisions shall be deemed to have been agreed upon which the contracting parties would have agreed upon according to the economic objectives of this contract and the purpose of the GTC WT if they had recognised the regulatory loophole.