General Terms and Conditions
CORROSION PROTECTION SOURCING GmbH - General Terms and Conditions
I. General, validity
1. these General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships of CORROSION PROTECTION SOURCING GmbH (hereinafter referred to as "CORROSION PROTECTION SOURCING") with commercial customers. Conflicting or deviating terms and conditions of the commercial customer are not recognized, unless CORROSION PROTECTION SOURCING expressly agrees to their validity in writing.
2. CORROSION PROTECTION SOURCING is entitled to change these terms and conditions at any time after timely notice.
II Quotation; conclusion of contract; terms of payment; default of payment
1. offers from CORROSION PROTECTION SOURCING are subject to change without notice, unless the documents, illustrations and performance specifications belonging to the offer are designated as binding.
2. offers from CORROSION PROTECTION SOURCING are merely requests to the client to submit offers for the conclusion of a contract.
3. after receipt of an offer to conclude a contract, the commercial customer receives a confirmation of receipt from CORROSION PROTECTION SOURCING. This confirmation of receipt only serves to document that the order has been received by CORROSION PROTECTION SOURCING and in no way represents an acceptance of the offer.
4. a contract with CORROSION PROTECTION SOURCING is only concluded by a proper order confirmation in written or text form or by execution of the delivery. The written order confirmation by CORROSION PROTECTION SOURCING determines the content and scope of the contractual performance of CORROSION PROTECTION SOURCING. CORROSION PROTECTION SOURCING reserves the right to make reasonable technical changes.
5. unless expressly agreed otherwise in writing, advance payment shall be deemed agreed. This means that CORROSION PROTECTION SOURCING is only obliged to deliver when the purchase price has been fully credited to CORROSION PROTECTION SOURCING's account.
6. claims are due for payment on the date stated in the invoice. Discounts are not granted.
7. if the invoice amount is not received by CORROSION PROTECTION SOURCING within the specified payment period, default of payment occurs automatically without the need for a separate reminder. Any resulting additional costs and default interest shall be reimbursed as part of the damage caused by default.
III Delivery and delay in delivery
1. deadlines for deliveries/services begin at the earliest with the receipt of a written order confirmation from CORROSION PROTECTION SOURCING and are only binding if they have been expressly agreed. Partial deliveries and partial services are possible, as far as they are reasonable for the commercial client.
2. CORROSION PROTECTION SOURCING is liable in the event of a delay in delivery in accordance with the statutory provisions, subject to the limitation in these GTC (see VII. 6. and 7.), if the contract is a firm deal or the business client is entitled to invoke the discontinuation of his interest in the fulfilment of the contract as a result of the delay in delivery for which CORROSION PROTECTION SOURCING is responsible.
IV. Retention of title
1. the object of purchase remains the property of CORROSION PROTECTION SOURCING until settlement of the claims due under the purchase contract. The retention of title also remains in force for claims of CORROSION PROTECTION SOURCING against the commercial client from the current business relationship until the settlement of claims in connection with the purchase. At the request of the business client, CORROSION PROTECTION SOURCING is obliged to waive the retention of title if the buyer has incontestably fulfilled all claims in connection with the object of purchase and there is adequate security for the remaining claims from the current business relationship.
2. as long as the retention of title exists, the commercial client may neither dispose of the object of purchase nor grant third parties’ contractual use.
V. Transfer of risk; shipping and packaging costs
1. the risk of accidental loss or accidental deterioration of the delivery item shall pass to the commercial customer as soon as the consignment has been handed over to the commissioned carrier or has left the warehouse of CORROSION PROTECTION SOURCING or the manufacturer's works for shipment at the latest.
2. transport damage shall be borne by the commercial customer. They must be determined upon arrival of the shipment and claimed by the commercial customer from the commissioned carrier.
3. shipping costs and costs for special packaging shall be borne by the business customer.
VI Material defects
1. claims of the commercial customer due to material defects shall become statute-barred one year after delivery of the object of purchase to the commercial customer.
2. the business customer must assert claims for rectification of defects immediately after receipt of the goods in text form or in writing to CORROSION PROTECTION SOURCING.
3. in the event of a material defect, the customer may demand rectification or, if such is not sufficient, impossible, or unreasonable, replacement delivery from CORROSION PROTECTION SOURCING. If the rectification or replacement delivery fails or if CORROSION PROTECTION SOURCING culpably allows a reasonable grace period set in writing to expire, the commercial customer may withdraw from the contract, demand a reduction in price or compensation.
4. the sale of used items is subject to the exclusion of any liability for material defects. In the event of fraudulent concealment of defects or the assumption of a guarantee for the quality by CORROSION PROTECTION SOURCING, further claims remain unaffected.
VII Liability
1. CORROSION PROTECTION SOURCING is liable for damages caused intentionally or through gross negligence by it, its organs, executives, or employees. In the event of a breach of contractual obligations, the fulfilment of which is essential for the achievement of the purpose of the contract, the absence of warranted characteristics or personal injury as a result of tort, CORROSION PROTECTION SOURCING is liable in any case of attributable fault.
2. in the event of intent and gross negligence, CORROSION PROTECTION SOURCING shall be liable without limitation in accordance with the statutory provisions.
3. liability is excluded in the case of simple negligence, provided that neither an essential contractual obligation nor life or limb have been injured or a case of delay or impossibility exists.
4. in the event of simple negligence, insofar as a material contractual obligation has been breached or a case of default or impossibility exists, liability for damages that are not based on injury to life or limb shall be limited to the damage typical for the contract and to such damage that was foreseeable. The commercial client reserves the right to prove higher damages.
5. CORROSION PROTECTION SOURCING is not liable for indirect and consequential damages or loss of profit. Claims under the Product Liability Act and from producer liability remain unaffected.
6. Force majeure or operational disruptions occurring at CORROSION PROTECTION SOURCING or its suppliers, which temporarily prevent CORROSION PROTECTION SOURCING from delivering the object of purchase on the agreed date or within the agreed period through no fault of its own, extend the delivery dates and deadlines by the duration of the disruptions caused by these circumstances. If such disruptions lead to a delay in performance of more than four months, the commercial customer may withdraw from the contract. Other rights of withdrawal remain unaffected.
7. if the delay in delivery is not due to an intentional or grossly negligent breach of contract for which CORROSION PROTECTION SOURCING is responsible, the liability of CORROSION PROTECTION SOURCING is limited to the foreseeable, typically occurring damage, but at most up to the amount of the purchase price.
VIII Product information; trademark rights.
1. CORROSION PROTECTION SOURCING assumes no liability for the accuracy and legality of product information or company trademarks provided by the business client.
2. business clients may not violate legal prohibitions or morality or infringe the rights of third parties, in particular personal rights, name rights, trademark rights or copyrights, when using the website "www.cops-corrosionprotection.com".
3. the business client shall indemnify CORROSION PROTECTION SOURCING against losses, damages, and claims of third parties arising from or in connection with violations or infringements of laws and rights by business clients mentioned under VIII. 2.
IX. Use of the website; disclaimer of warranty Accessibility
1. all functions and restrictions made available under the CORROSION PROTECTION SOURCING domain may neither be circumvented nor interfered with. In case of violation, the corresponding user account may be deleted without prior notice.
2. CORROSION PROTECTION SOURCING will not tolerate any violation of applicable law as well as any form of misuse and/or the dissemination of criminal content and will prevent it if it becomes known. CORROSION PROTECTION SOURCING is not obliged and not in a position to comprehensively check the legality of all content provided by commercial clients, but in any case, reserves the right to check and, if necessary, delete it.
3. for technical reasons, CORROSION PROTECTION SOURCING cannot guarantee the accessibility by e-mail or the accessibility of the URL (http:// www.cops-corrosionprotection.com or other of its URLs). CORROSION PROTECTION SOURCING also assumes no liability for the accuracy and completeness of data transmitted via the Internet. Separate warranty or guarantee promises of CORROSION PROTECTION SOURCING remain unaffected.
X. Privacy policy
The data collected in the context of the business relationship and for its processing are stored and processed by CORROSION PROTECTION SOURCING on its own servers or servers of certified service providers. Personal data is only processed to the extent necessary for the execution of contracts. Details on data protection can be found in the privacy policy (https:// www.cops-corrosionprotection.com/en/privacy-policy)
XI. Place of performance, applicable law, partial invalidity
1. place of performance is the registered office of CORROSION PROTECTION SOURCING.
2. the formal and substantive law of the Federal Republic of Germany shall apply to all legal relations between CORROSION PROTECTION SOURCING and the commercial client, excluding the UN Convention on Contracts for the International Sale of Goods.
3. should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
XII. Place of jurisdiction
1. for all present and future claims arising from the business relationship with merchants, the exclusive place of jurisdiction is the registered office of CORROSION PROTECTION SOURCING.
2. the same place of jurisdiction applies if the business customer does not have a general place of jurisdiction in Germany, moves his domicile or usual place of residence out of Germany after conclusion of the contract or his domicile or usual place of residence is not known at the time the action is filed.
Status April 2024
CORROSION PROTECTION SOURCING limited liability company (GmbH)
Lippeltstrasse 1
D-20097 Hamburg
Phone: 0049(0) 40-98768800
E-mail: service@cops-corrosionprotection.com, Website: www.cops-corrosionprotection.com
Managing Directors: Stefan Weber, Seher Kaygusuz
Responsible for content (§ 10 paragraph 3 MDStV): Stefan Weber, Seher Kaygusuz (address see above)
Register number: HRB 177874
Register court:
Amtsgericht Hamburg
VAT ID (according to § 27a UStG): DE357766399