1.1 We conclude contracts only with our GTC, unless otherwise agreed in writing. Deviating terms and conditions of the customer shall not apply even if we do not object to them.
1.2 Our offers are non-binding.
1.3 All agreements, in particular the acceptance of orders placed with us, require our written confirmation to be effective.
2.1 Our order confirmation shall be authoritative. The documents, illustrations, drawings, weights and dimensions belonging to the offer are only approximate values, unless they are expressly designated as binding. Such information, in particular performance data, descriptions of the mode of operation etc. are intended to describe what is to be regarded as our contractual performance. They do not represent a guaranteed property of the goods unless this is expressed in a special way. We reserve ownership rights and copyrights to all documents; they may not be made accessible to third parties without our consent.
2.2 We reserve the right to make changes to the delivery item with regard to construction and design in line with technical developments.
3.1 The customer shall pay interest on due claims at 4% above the German Federal Bank discount rate.
3.2 Offsetting or assertion of a right of retention is only possible if the counterclaims are undisputed or have been recognised by declaratory judgement.
3.3 If the customer is in arrears for more than 2 weeks or if there is a significant deterioration in his financial circumstances, all our claims against the customer shall become due. We may demand advance payment or the provision of security for further deliveries.
4.1 Delivery dates and deadlines are approximate. If a delivery period has been expressly agreed as binding, it shall commence as soon as agreement has been reached in writing on all details of the contract, in particular with regard to the execution of the delivery item. Delivery dates shall be postponed by the period in which this agreement has not yet been reached. If the customer does not provide us with the documents required for execution, e.g. drawings or sample parts for construction or sample material for testing, in good time, or if he does not fulfil his contractual obligations (e.g. payment obligations) on time, delivery periods or dates shall be postponed by at least the period of the delay. The same applies to changes to the delivery item for which the customer is responsible. Obstacles beyond our control (strikes, operational disruptions, delays in deliveries, etc.) shall postpone the delivery periods or dates by the period in which they have an effect.
4.2 If we are in default, the customer may set us a reasonable grace period. If this period expires without result, he may withdraw from the contract. This must be threatened when setting the grace period. Compensation for non-fulfilment cannot be demanded.
4.3 If our performance becomes impossible and we are responsible for this, the customer may withdraw from the contract. Compensation for non-fulfilment cannot be demanded.
5.1 Dispatch shall be ex our works or warehouse at the risk of the customer, even if carriage paid delivery has been agreed or we have assumed responsibility for assembly. We are not obliged to take out transport insurance.
5.2 If dispatch is delayed due to the behaviour of the customer, the risk shall pass to the customer on the day of readiness for dispatch.
6.1 We reserve title to the items or drawings supplied by us (goods subject to retention of title) until all our claims arising from the business relationship with the customer have been satisfied and we have been released from all possible contingent liabilities in favour of the customer. Transfer of ownership of the goods subject to retention of title to third parties is only permitted if it takes place in the ordinary course of the customer's business and the customer retains ownership of the goods subject to retention of title until all its claims arising from the business relationship with the third party have been paid. The customer hereby assigns to us his claims arising from the reserved goods. Until revocation, the customer is authorised to collect the assigned claims.
6.2 If the goods subject to retention of title are combined with other items in such a way that they become an integral part of a new item, we shall become co-owners of the new item. If our ownership is lost, the customer hereby grants us co-ownership of the new item. He shall store the item for us free of charge. In both cases, our co-ownership share shall be determined according to the ratio of the invoice value of the reserved goods to the sales value of the new item. Clause 6.1 shall apply accordingly to the sale of the new item, whereby the part of the claim corresponding to our co-ownership share shall be assigned.
6.3 If the value of the goods subject to retention of title held by the customer plus the value of the claims assigned to us exceeds the sum of the claims to which we are entitled against the customer by more than 20%, we shall release the excess securities at our discretion.
7.1 If our delivery or service is defective, the customer may, at our discretion, demand rectification or replacement. Removal and installation costs incurred in the course of rectification or replacement shall be borne by the customer. If, after an initial request, the customer has set us a further period of grace without result or if the repair or replacement delivery fails, the customer may, at his discretion, demand a reduction in price or cancellation of the contract. Claims for damages are - notwithstanding clause 7.3 - excluded.
7.2 If a defect is due to the defectiveness of a supplier's product which has become part of the delivery item as a self-contained unit, our liability shall be limited to the assignment of the claims to which we are entitled against the supplier.
7.3 If our delivery or service lacks an expressly warranted characteristic, we shall also be liable for damages due to non-fulfilment beyond the scope specified in Clauses 7.1 and 7.2 within the scope of the purpose of the warranty that has become recognisable to us. Our liability exists only to the extent to which the occurrence of such damage had to be expected in the normal course of events.
7.4 We may refuse to repair or replace the goods until the customer has paid us the agreed remuneration, less a portion corresponding to the economic significance of the defect or the warranted quality.
7.5 Our warranty obligation shall expire if the customer does not notify us in writing of a defect or the absence of a warranted characteristic within 5 working days after he has recognised the defect or the absence of the warranted characteristic or could have recognised it by careful inspection.
7.6 The customer shall have no further claims based on defects or the absence of warranted characteristics. In particular, claims for damages due to positive breach of contract which are directly or indirectly attributable to defects or characteristics of the delivery item or to behaviour on our part in connection therewith are excluded.
8.1 If the delivery item is customised to the special requirements of the customer, which we have not yet manufactured in this form for the purpose specified by the customer and the customer is aware of this, the following special provisions shall apply.
8.2 If the failure to meet delivery deadlines or dates is due to unforeseen difficulties of a constructive or other technical nature, we may only be in default after the expiry of a further period of time appropriate to the particular circumstances.
8.3 Irrespective of the agreed performance data, the delivery item is ready for acceptance if it can provide an appropriate service for the customer, taking into account the respective technical difficulties of the material to be processed and the economic benefit. Insofar as the delivery item ready for acceptance falls short of the agreed performance data, the customer may demand a reduction in price insofar as this appears reasonable.
8.4 If the prerequisites for the fulfilment of the contract given at the time of conclusion of the contract or assumed by us as given without gross negligence, in particular due to new technical knowledge or experience on our part, have changed so significantly that this comes close to the economic impossibility of our performance, we may withdraw from the contract. Claims for damages on the part of the customer are excluded.
9.1 We may process data which we have received in connection with the business relationship with the customer, whether from the customer or a third party, in accordance with the Federal Data Protection Act.
Intended use
Our company processes personal data for the purpose of establishing and fulfilling business relationships. All data categories for the fulfilment of pre-contractual and contractual obligations are affected. Personal data is only passed on to third parties if this is necessary to fulfil the business purpose. Personal data will not be passed on to third parties, even in third countries with an unclear level of data protection (usually countries outside the EU) that are not involved in the business purpose, or only if the consent of the data subject has been obtained.
The collection, processing and use of personal data takes place within the framework of what is legally permissible in accordance with Art. 5 and 6 GDPR. If personal data is collected from the data subject, the data subject has the right to transparent information in accordance with Art. 12 ff GDPR and in accordance with Section 32 BDSG. In principle, only such information is processed and used that is necessary for the fulfilment of operational tasks and is directly related to the purpose of processing. The special requirements for the collection, processing and use of special categories of personal data in accordance with Art. 9 GDPR and Section 22 ff BDSG are observed. According to the GDPR, the processing of sensitive data is only permitted subject to the principle of authorisation or if a legal basis is provided.
The rights of data subjects
In accordance with Art. 15 ff GDPR, data subjects have the right to information, correction, deletion, restriction and objection to the processing of their data.
Furthermore, pursuant to Art. 13 para. 2 point c GDPR, data subjects have the right to withdraw their consent to the processing of personal data for the future if the processing is based on Art. 6 para. 1 a or Art. 9 para. 2 a GDPR. This does not affect the lawfulness of the processing carried out on the basis of the consent until revocation.
However, revocation or failure to provide the required data usually means that the purpose for which the data was or should have been collected cannot be fulfilled. The written form is required to exercise these rights. Please contact us by email at info@hightex-dresden.de.
Deletion of personal data
Personal data will be deleted if the purpose for the storage no longer applies and no legal norm (e.g. statutory retention period) prescribes the retention of the data. The provisions of Art. 17 GDPR in conjunction with Section 35 BDSG apply. If deletion is not possible due to legal, contractual or commercial or tax law reasons, the processing of the data can be restricted at the request of the data subject. The written form is required to exercise this right.
The data subject's right to data portability
The company ensures the right to data portability in accordance with Art. 20 GDPR. Every data subject has the right to receive a copy of their personal data in a standard machine-readable file format.
Controller within the meaning of the GDPR and the BDSG
Hightex Verstärkungsstrukturen GmbH, Hamburger Ring 9, 01665 Klipphausen
Data protection officer of the company
Astrid Kloss, can be reached at: info@kloss-consulting.de.
Right of appeal
In accordance with Art. 77 GDPR, every data subject has the right to lodge a complaint with the state supervisory authority. The state data protection officer can be contacted by email at saechsdsb@slt.sachsen.de.
10.1 Insofar as claims for damages are excluded or limited in these GTC, this shall not apply if the damage is due to a grossly negligent or intentional breach of contract by our legal representatives or our executive employees.
10.2 Insofar as the exclusion or limitation of statutory rights and claims of the customer appears to be grossly unreasonable in individual cases in addition to clause 1 with regard to a special fault on our part, the special interests of the customer and the other circumstances, we shall be liable for the damage that had to be expected to occur in the normal course of events, but not more than up to the amount of the delivery value.
10.3 In addition, all rights and claims of the customer not expressly mentioned in these GTC are excluded to the extent permitted by law. In particular, the following are excluded: statutory rights of cancellation or withdrawal, claims for damages due to default, impossibility of positive breach of contract, culpa in contrahendo and tortious acts committed in connection with this contract.
11.1 This contract and its performance shall be governed by German law.
11.2 Should any provision of the contract be or become invalid, the remainder of the contract shall remain valid.
11.3 The place of fulfilment and jurisdiction is our registered office.
