PIRON Metallbau GmbH
Manager Mister Sascha Piron
Tel.: +49 (0) 2821 715 57-0
Fax.: +49 (0) 2821 715 57-17
Tax number: 116/5700/3144
EG-Identnummer: DE 814738265
District court: Kleve
Register number: HRB 8317
Dispite accurate checking of the following, we take no responsibility for contents of external links. For the content of any external links their operator is exclusively responsible.
Terms and conditions
I. General, Offers
1. The following terms of business apply for all current and future business connections. Divergent terms of business will be, even with knowledge, not an integral part of the contract.
2. Our offers are not binding without knowledge intended purpose. Orders are only binding for us, as far as we confirm them or fulfill the transmission of goods, verbal ancillary. Only, when we confirm them in writing.
3. The proper documents regarding an offer, such as images, drawings, weight and stated dimensions are only almost authoritative, insofar as they are not explicitly designated as binding. In quotations, drawings and other documents we reserve the owner and copyright; they cannot be made available to third parties.
4. In case of default of deadlines caused by acts of god (war, riot, strike or lockouts, primary material unavailability and so on.) An adequate extended time limit will be specified by us.
II. Supply, delivery time
1. For the range of the supply our written confirmation of the order is authoritative. Supplements to an agreement and changes deserve our written confirmation.
2. The delivered quantity of „lose parts“ such as turned work, screws, rounded blanked steel parts, low priced welded pieces etc. can vary between 5% and 10% when more than 100 items are ordered.
3. The commisioned defaulted completion times and delivery times are non-binding for us, unless, we have explicitly confirmed a specific written time of delivery.
4. As long as the customer is in arrears with a liability, we recline our obligation to supply.
III. Costs and conditions of payment
1. Our prices apply ex-works. The legal VAT and costs for possible packaging are not included.
2. At dispatch time of the order confirmation the currently salaries and commodity prices form the basis of our costs. When wages, commodity prices and manufacturing costs increase during the execution of the work or the commissioned works then these will become more expensive due to regulatory arrangements, we are authorised to request an increase prices according to acceptance of order by explanation of these reasons.
3. Labored work is payable immediately after invoice date without deduction and payable net pay office. In other services or products 50% is to be paid before start of work and 50% net after execution.
4. At exceedance of the payment dates according to paragraph 3 the customer is in late payment status. During the delay the debt amount to 8 percentage points over the current base rate. We reserve the right to determine and plea for higher damages for delay.
5. The customer has only a right to offset when his counterclaims are determined legally binding or approved by us. The customer can only exercise a right of retention, when his counterclaim is based on the same contractual relationship.
6. In case of late payment and reasoable doubt of insolvency or creditworthiness of the customer we are – notwithstanding our other rights – entitled, to demand securities or advance payments for outside deliveries and to make and payable all claims of the business relationship.
7. Our prices apply ex-works. Excluding the legal value added tax and costs for possible packaging. When there is a settlement according to hours and no seperate hourly rates have been agreed, the general net hourly rate of 45 Euro/60 Minutes applies.
IV. Shipment, transfer of risk
1. When we ourselves deliver, delivery risk, the sales shipment with delivery of the goods to the forwarder, the carrier or the person or company that is determined to hand the dispatch. At the request of the customer the transmission can be insured against theft-, transport-, fire- and water damage and other risks.
2. The delivery is void, when the customer is in default at acceptance of service.
1. If the goods are defect, we rectify, either by arrection or by replacement according to our discretion.
2. When the supplementary performance according to paragraph 1 fails, the customer can generally demand a reduced payment (diminution) or contract rescission (resignation) according to his choice. With an only slight deviation of conformity occur, particular in case of slight deficiencies, the customer is not entitled to the right of withdrawal of contract.
3. We debit compensation according to the legal provisions in cases of purposeful or gross negligence. Furthermore we only bear liability based on the product liability law, danger of loss of life, or bodily harm or because of culpable violation of essential contractual duties. The claim of damages for the violation of basic contractual duties though is confined to foreseeable typical contract damage. The liability for defects due to the delivered item in legal interests of the customer (e.g. defects or other things) or consequential damage is completely excluded.
VI. Reservation of title
1. The delivered item remains our property until satisfaction of all legitimate claims of the business relationship against the customer that we are entitled to
2. The customer is allowed to process the delivery item or to mix or combine it with other items, till a new work piece (end product) results. In this case we acquire co-ownership of the end product up to the share, that results out of the proportion from the processed, mixed or connected delivery item to the value of the other percentage of processed goods at the time of processing. If the customer acquires sole ownership of the end product, we upon agreement with him, that the customer concedes common ownership in proportion to the value of the processed delivery item on the remaining processed goods at the time of converting.
3. In case of disposition of the delivered item or end product the customer assigns herewith their richt of resale towards their customer with all ancillary rights as a precaution to us. The assignment only applies to the amount that complies with the invoiced price of the delivery item. This assigned share is to satisfy overriding.
4. Until revocation the customer is entitled to collection of their assigned demands, section VI. (retention of liabilities) The customer will refer us the assigned claims rendered payments immediately up to the total of the secured claims. With reason, especially in cases of default, insolvency, opening of an insolvency proceeding, bill protest or justified indications for a financial insolvency of the customer, that we are authorised to revoke the enter delegating of the customer. Furthermore we can externalise the entered delegation and in this case, we can utilize our assigned demands and demand the publication of the assignment for security towards their customer.
5. The customer is obliged to inform us of a third person access immediately, in case of an attachment, as well as possible damage or destruction.
VII. Final provisions
1. The rights of the Federal Republic of Germany apply. The provision UN-purchase right do not apply.
2. When the customer is a merchant, a juristic person of public law or public-legal special asset, the place of jurisdiction for all disputes outside of this contract is our place of business (Kleve). The same applies when the customer has no general place of jurisdiction in Germany or the residence or usual abode is not known at the time of the suit survey.
3. Should individual provisions of the contract with the customer be or become completely or partially invalid within these terms and conditions, the validity of the remaining provisions are not affected.
Kleve, September 2013