Our general terms and conditions apply to any and all contracts concluded with us. Agreements deviating from these terms shall not be recognised. In particular, silence on the part of Lewens regarding contrary terms and conditions shall not be deemed to constitute acceptance thereof.
Any unauthorised use of images, photos, films and drawings, or of other presentations, data or documents provided by us is prohibited. This prohibition also extends to any modification, dissemination to third parties or publication.
2. Offers and conclusion of contract
Our offers are subject to change.
Orders shall only be accepted when placed in text form. Orders are only deemed to have been accepted by us when confirmed in writing. We reserve the right to make modifications within the framework of technical interests unless these result in substantial changes in the operation or safety of the product. If the order confirmation includes deviations from the order, these are deemed to have been accepted by the purchaser if the latter gives approval for the order. Likewise, deviations in the order confirmation are deemed to have been accepted unless the purchaser submits a written objection within 24 hours of receipt. If the order is changed after approval was previously given or after 24 hours have elapsed since receipt of the order confirmation, we retain the right to charge a flat-rate amendment fee.
If changes are made by the purchaser, we shall be entitled to adjust or extend the delivery time if required in line with the updated version of the order.
The list prices valid at the time of concluding the contract shall apply. We reserve the right to make price changes if delivery takes place later than 1 month following conclusion of the contract. All prices are plus the statutory VAT applicable in each case, any dispatch and packaging costs arising and any customs duties that may arise.
We reserve the right, following timely notification of the purchaser and prior to delivery of the goods, to raise the price of the goods as necessary due to general price trends that are beyond our control (such as currency regulations, new currency exchange rates, changes in customs duties and changes in wage or material costs).
In the case of first orders placed by new customers, we request payment in advance. In parallel with this, the customer’s credit rating and future payment arrangements shall be checked when the first order is received.
Our invoices shall be payable by full settlement within 30 days of the invoice date. This applies irrespective of the invoice value, even if the payment term of 30 days arising from a previous delivery is exceeded. Cheques shall only be considered as payment once redeemed.
After the invoice falls due, we shall charge interest on arrears at the legally permissible percentage above the base interest rate set annually by the German Federal Bank. In the event of default of payment, we also reserve the right to commission a collection agency to collect the debt, or to assert the right to release of the goods. The purchaser shall consent to grant us access in this case to recover the goods.
We shall adjust payment arrangements at our discretion and in case of legitimate interest if a risk exists that the purchaser lacks the ability to pay, among other things in the event of a delay in payment or if information to that effect is received from a credit agency.
5. Exclusion of set-off
The purchaser may not offset any counterclaims against our claim unless such counterclaims are indisputable or legally established.
Delivery is made at the cost and risk of the purchaser, generally carriage forward ex works in Ludwigslust, in accordance with the applicable delivery terms of the Incoterm code EXW of the current International Commercial Terms.
Arrangements deviating from this are shown on the applicable price lists in each case. Partial deliveries shall be permissible insofar as they are reasonable and can be invoiced accordingly.
The estimated delivery week indicated on the order confirmation does not constitute a fixed delivery date; it only designates the period in which delivery may be expected under normal implementation of the contractual relationship. Force majeure, official actions and operational disruptions of any kind and difficulties in material procurement shall entitle us to extend the delivery and acceptance period as appropriate, or to withdraw in full or in part from the purchase contract. We shall inform the purchaser promptly of such situations. This applies insofar as the reasons for the delayed delivery are not attributable to intent or gross negligence.
Pallet cages and frames are the property of the company. These should be emptied by the purchaser immediately following receipt of the goods. We will collect these from the place of delivery no later than 28 days following delivery. On expiry of this term we reserve the right to charge for these in full.
7. Default of acceptance
The purchaser shall be in default of acceptance if the goods are not accepted at the time of delivery at the delivery destination due to reasons for which the purchaser is responsible. The risk of accidental loss or accidental deterioration of the purchased item shall likewise pass to the purchaser at the moment of default.
For redelivery and the associated additional costs incurred, the delivery costs including any other additional expense shall be invoiced in full.
8. Title retention
We retain the title to our goods until all claims arising from our deliveries have been paid. In the event of a delay in payment, we shall be entitled to recover the goods without withdrawing from the contract by way of security.
We consent to resale of our goods in the ordinary course of business, provided that no delay in payment by the purchaser arises. This shall also apply to processing or working of our goods. The retention of title also extends to the new products arising due to processing or working; in this case we shall be deemed to be the manufacturer and the purchaser shall be deemed to be the custodian. Acquisition of the property by the purchaser under §950 of the German Civil Code (BGB) is excluded. The purchaser shall have no claims against us arising out of the processing or working and custody. In the event of combination or mixing with other objects, the purchaser shall now assign their rights of ownership or co-ownership of the mixed stock or new object to us and shall keep this for us with the diligence of a prudent merchant.
The purchaser shall now assign to us claims arising against third parties from the resale of the processing or working and of the combination or mixing, regardless of their legal basis, by way of security. The purchaser is prohibited from agreeing to prohibitions of assignment or other assignment or attachment in respect of the assigned claims. If the sum of the accounts receivable assigned to us exceeds our claims by 20%, we shall undertake to release the surplus amount according to our choice at first request.
9. Complaints and warranty
Custom-made products can neither be exchanged nor taken back.
Complaints may only be submitted in writing within eight days of receipt of the goods. The assertion of defect rights is conditional upon the purchaser properly fulfilling the duties of inspection and of notification of defects pursuant to §377 of the German Commercial Code (HGB).
Warranty claims by the purchaser are limited to the right to rectification or replacement delivery according to our choice. In the event of rectification or replacement delivery, the costs shall be discussed and agreed with us in advance by the purchaser. We shall inform the purchaser of a reasonable time frame within which we shall carry out rectification or replacement delivery. Our liability for compensation under §§ 463, 480 Para. 2 and § 635 BGB remains unaffected.
Attention is drawn here to the currently applicable guidelines of LSS Lewens Sonnenschutz-Systeme GmbH & Co. KG.
Defects arising due to non-professional installation, including non-professional electrical installation, improper use, normal wear and tear or due to modification of the goods by the purchaser shall not be recognised. Claims to subsequent performance or replacement delivery shall cease to apply when the statutory period of limitations comes into effect.
10. Returned goods
Goods may only be returned by prior agreement with us. We shall not accept any returns that have not been agreed.
The method of dispatch should be agreed with us prior to return. Shipping and dispatch costs and any other costs arising shall be charged according to statutory provisions.
Credit notes for returned goods shall be issued following receipt and inspection of the goods and after deduction of a processing flat fee. If goods to be returned are not dispatched within 10 days of the return being agreed, the invoice issued for this delivery shall be payable without deduction.
The legal venue for all disputes arising out of the contractual relationship shall be Ludwigslust. German law shall apply. The right to bring an action against the contractual partner at their general place of jurisdiction is expressly reserved.