General Terms and Conditions

General Terms and Conditions of Sale, Delivery and Payment of DURAL GmbH

§ 1 Scope of application
The following General Terms and Conditions of Sale and Delivery (GTC) are an integral part of the contract for all our deliveries and services.
apply exclusively. We do not recognize any terms and conditions of the customer that deviate from our terms and conditions of sale, unless
unless we have expressly agreed to their validity in writing. Our terms and conditions of sale shall also apply if we
knowledge of terms and conditions of the customer that conflict with or deviate from our terms and conditions of sale, the delivery to
the customer without reservation. All agreements relating to this contract must be set out in writing; verbal
agreements must be proven by the customer. The GTC are sent out annually and can also be viewed at

§ 2 Prices, discounts, terms of payment
1. the price lists valid on the day of the order shall apply. If not stated separately, all prices are exclusive of
Value added tax.
2. we reserve the right to change the prices specified in the price lists for the year at our reasonable discretion,
in particular if there are cost reductions or cost increases due to changes in the prices of our important products.
raw materials and changes in energy costs.
3. discounts and bonuses are only granted by special agreement.
4. freight and packaging costs included in the price or charged separately shall not be taken into account in the calculation,
i.e. they are neither discounted nor bonused.
5. payments are due within 10 days after delivery with a 2% discount or within 30 days net or after a special discount.
agreement. The statutory provisions shall apply to the consequences of late payment.

§ 3 Delivery/ Shipment/ Freight/ Transfer of risk
1. delivery dates and delivery periods are only binding if they are expressly confirmed as binding.
2. delivery periods are calculated from the order confirmation, but at the earliest from the final clarification of all order details.
3. unforeseen, unavoidable events during production and other obstacles such as force majeure, labor disputes
or other disruptions in our own operations or in the operations of our suppliers as well as delayed deliveries by our suppliers.
Suppliers entitle us to extend the delivery period by the duration of the hindrance. We will inform the customer of the start and end
of such circumstances as soon as possible.
4 In the case of delivery times, we are entitled to make partial deliveries.
5 Our orders are shipped ex works. Freight and cost-free shipments shall only be made after a separate, written
6. shipping is carried out at our best discretion and without guarantee for the cheapest and fastest way. Unless otherwise
agreed, the goods will be shipped uninsured. The transportation risk shall pass to the customer when the goods are handed over to the carrier or
carrier to the customer.
7 We deliver in standard commercial packaging; any special packaging required shall be borne by the customer.

§ 4 Obligation to give notice of defects/warranty
1. the delivered goods must be inspected immediately upon receipt for correctness, completeness and defects in accordance with § 377 HGB.
Complaints must be notified to us in writing without delay, at the latest within seven days. Defects that only
after opening parcels must also be reported within the specified period, but no later than half a month after opening.
The customer must be notified in writing within one year of delivery, but in any case before the goods are processed. The processing of the
goods complained about must be omitted. In the event of a breach of the obligation to give notice of defects and in the event of processing, the delivered goods shall be deemed
accepted and approved. This leads to the loss of any claims for compensation.
Note: Due to the technical process conditions, optical impurities such as drawing marks may occur,
color deviations etc. may occur. These do not give rise to a claim for defects.
2. rejected goods shall be returned to us in the condition in which they were at the time the defect was discovered.
to be kept ready for inspection. The rejected goods must be stored properly by the customer until the complaint has been clarified. A
Violation of the above obligation excludes all claims for compensation against us.
3. if our goods are unusable in whole or in part as a result of defects, we shall, at our discretion, replace the defective goods at our reasonable discretion.
The supplier shall remedy the defects free of charge or deliver defect-free goods.
4. in the event of a defect, the goods may only be returned to us with our consent.
Returns without our consent do not have to be accepted by us. In this case, the buyer shall bear the costs
the return shipment.
5. the warranty period for merchants is twelve months after the transfer of risk to the buyer; for consumers, the warranty period is twelve months after the transfer of risk to the buyer.
statutory warranty periods. In the case of goods that are used for buildings in accordance with their usual purpose
a limitation period of 12 months applies to merchants for defects that usually arise within this period.
time period. Otherwise § 438 BGB remains unaffected.

§ 5 Retention of title
1. we retain title to all goods delivered by us until all claims arising from the contract have been settled.
business relationship with the customer. In the case of a current account, the retained title shall also serve as security for the
Claim on the balance.
2. if the goods subject to retention of title become part of a new item belonging to the customer through connection, it is agreed that
the customer transfers co-ownership of the new item to us and stores it for us free of charge. Our ownership share
shall be determined by the ratio of the value of the reserved goods to the value of the new item.
3. the customer hereby assigns to us all claims arising from the resale of the goods subject to retention of title against his buyer.
are created. If the goods subject to retention of title are resold together with other goods that do not belong to us, the customer shall assign to us
the part of the claim arising from the resale that corresponds to the invoice amount of the reserved goods.
4. the customer remains revocably authorized to collect the claims from the resale. Upon request, the
assignment to its customers and to provide us with all information and documents that we require for the assignment.
assertion of our rights.
5. if the goods subject to retention of title are seized or if our rights are impaired in any other way by third parties, the
customer immediately.

§ 6 Final provisions
1. the mutual obligations are to be fulfilled at the registered office of the seller. Exclusive place of jurisdiction for all disputes
in connection with our deliveries or services or otherwise in connection with the contractual relationship is
2. the contractual relationship is subject to the law of the Federal Republic of Germany with the exception of conflict of laws. The
Applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded; German law shall also apply.
3 Should a provision be or become invalid, this shall not affect the validity of the remaining provisions.