Общие условия продаж / Общие условия закупок

The following conditions are a translation of the German version of our general terms and conditions . This translation ensues without any liability for the accuracy of the translation. Legally binding is only the German version that is also available on this Website.

GTC | General Terms and Conditions NIRONIT Edelstahl GmbH & Co. KG

I. General, scope of application

1. These General Terms and Conditions of Sale and Delivery apply exclusively to all our contracts, deliveries and services and consultations and other additional services. These Terms and Conditions of Sale and Delivery shall also apply to all future business transactions, even if we do not expressly refer to them - especially in the case of orders placed by telephone. The acceptance of the goods delivered by us or the acceptance of the services rendered by us shall in any case be deemed to be an acknowledgement of these Terms and Conditions of Sale and Delivery. Deviating agreements or supplements are only binding if they are confirmed by us in writing. Any conflicting terms and conditions of purchase of the buyer are not valid, even if they are not expressly contradicted in writing.

2. These General Terms and Conditions of Sale and Delivery shall only apply to companies as defined by § 14 BGB (German Civil Code), legal entities under public law and special funds under public law.

II Offer, conclusion of contract, subject matter of contract

1. Our offers are subject to change without notice. An order only comes into effect with our written order confirmation. Cost estimates and advice are generally non-binding. Oral agreements must be made in writing to be effective. The documents belonging to the offer, such as illustrations, drawings, weight and dimension specifications etc. are only approximately authoritative, unless they are expressly designated by us as binding. The offers with all attachments remain our property. They may not be made available to third parties without our express written consent and must be returned to us on request if a contract is not concluded. The buyer is liable for all damages resulting from the transfer to third parties for which he is responsible.

2. If the quantity to be delivered is stated in the order confirmation as "circa", "kg eff." or a comparable clause or if a deviation in quantity is customary in the trade and reasonable for the buyer, a deviation within a tolerance of 10% is permissible and is deemed to be contractually agreed. In the event of a corresponding deviation, the buyer shall owe compensation for the quantity actually delivered.

3. The subject matter of the contract is exclusively the delivery item with the properties and features as well as the intended use according to the product description attached to the purchase contract or the written order confirmation. Public statements, recommendations or advertising do not represent a contractual description of the quality of the goods. Other or more extensive properties or features or a purpose of use going beyond this are only agreed if we expressly confirm this in writing.

4. Commercial letters of confirmation are transmitted electronically. An order confirmation letter in paper form can be provided upon written request of the buyer.

5. Declarations, assurances, subsidiary agreements and amendments to a contract are only valid if they have been confirmed by us in writing. The written form according to this contract is equivalent to the electronic form.

III. prices

1. Our prices are net ex works or warehouse without discount or other reduction and plus packaging, freight, insurance and value added tax.

2. The buyer shall bear the costs of handing over the delivery item, its acceptance and its dispatch to a place other than the place of performance.

IV. Payment

1. payments are to be made to our payment office within ten working days of the invoice date without deduction. The buyer is only entitled to a right of set-off or a right of retention insofar as his due counterclaims are undisputed or have been legally established.

2. The acceptance of cheques and duly taxed bills of exchange requires a separate agreement and takes place exclusively on account of payment. Only the encashment is considered as payment.

3. Any agreed cash discount or other discount always refers only to the invoice value excluding packaging, freight and insurance and assumes full settlement of all due liabilities of the buyer at the time of the discount.

4. If, after the conclusion of the contract, it becomes apparent, in particular through a refusal to provide cover by our trade credit insurer, that our claim to the consideration from this or other contracts with the buyer is endangered by his lack of ability to pay, we shall be entitled to the rights arising from the plea of uncertainty in accordance with § 321 BGB. We shall then also be entitled to make all non statute-barred claims from the current business relationship with the buyer due and payable and to issue an advance invoice in the amount of the full order value.

5. If the payment dates are exceeded, we shall charge interest on arrears at the statutory rate as well as the lump sum in accordance with § 288 Para. 5 BGB. We reserve the right to assert further damages caused by delay.

6. The invoice is sent to the buyer by electronic means. A paper invoice can be provided upon written request of the buyer.

V. Delivery time

1. delivery times are valid from the day of the order confirmation, but only under the condition of the timely fulfilment of all obligations of the buyer, e.g. provision of the documents, approvals, letters of credit and guarantees to be procured by the buyer or the payment of down payments.

2. The time of dispatch ex works or ex warehouse is decisive for compliance with delivery times. The delivery time shall be deemed to have been met upon notification of readiness for dispatch, even if the delivery item is not dispatched on time, provided that we are not responsible for this.

3. Events of force majeure entitle us to postpone delivery for the duration of the hindrance and a reasonable start-up time. This also applies if such events occur during an existing delay. Sovereign measures, strikes and lock-outs and other operational disturbances for which we are not responsible and which make the delivery considerably more difficult or impossible are equivalent to force majeure. We must notify the buyer immediately of the occurrence of such an obstacle. If the above-mentioned event lasts longer than three months or if the execution of the contract becomes unreasonable for one of the parties to the contract due to the above-mentioned events, this party may withdraw from the contract.

VI. shipping

1. Unless otherwise agreed, we deliver unpacked. If the buyer demands the packaging of the delivery item, we will do so according to our experience and with our own usual care at the buyer's expense. The same applies to dispatch. If the buyer has given special instructions for the type of packaging or dispatch, we are not obliged to check their suitability.

2. The delivery item will only be insured against transport damage at the request and expense of the buyer.

3. If the seller, at the request of the buyer, sends the delivery item to a place other than the place of performance, the risk shall pass to the buyer as soon as the seller has delivered the delivery item to the forwarding agent, carrier or other person designated to carry out the shipment. If dispatch is delayed due to circumstances for which the buyer is responsible, the risk shall pass to the buyer as soon as the seller has notified the buyer that the goods are ready for dispatch.

VII Retention of title

1. All delivered goods remain our property (reserved goods) until all our claims have been settled by the buyer, in particular the respective balance claims to which we are entitled within the framework of the business relationship with current account (balance reservation) and the claims which are unilaterally established by an insolvency administrator by way of choice of performance. This also applies to future or conditional claims and also if payments are made for specially marked claims. The reservation of balance shall finally expire upon settlement of all claims still open at the time of payment and covered by this reservation of balance.

2. Any processing or treatment of the goods subject to retention of title shall be carried out for us as the manufacturer within the meaning of § 950 BGB (German Civil Code) without any obligation on our part. If the buyer processes, combines or mixes the goods subject to retention of title with other goods not belonging to us, we shall be entitled to co-ownership of the new object in the ratio of the invoice value of the goods subject to retention of title at the time of delivery to the value of the other goods used at the time of processing. If the goods subject to retention of title are combined or mixed with other items and if another item is to be regarded as the main item within the meaning of § 947 BGB, it is hereby agreed that a co-ownership share in the ratio of the invoice value of the goods subject to retention of title to the value of the other items used shall pass to us and that the buyer shall co-keep the item for us free of charge. Our co-ownership rights shall be deemed to be reserved goods within the meaning of paragraph 1. In case of doubt, the value of the other goods used shall be deemed to be their invoice value.

3. The buyer may only sell our property in the normal course of business at his normal business conditions, provided that the claims from the resale are transferred to us according to paragraph 5. The buyer is not entitled to dispose of the reserved goods in any other way.

4. The buyer must inform us immediately of any seizure or other interference by third parties. The buyer shall bear all costs incurred to remove the attachment or to return the reserved goods, unless they are reimbursed by third parties.

5. The claims from the resale of the reserved goods, together with all securities which the buyer acquires for the claims, are already now assigned to us. They serve as security to the same extent as the reserved goods themselves. Assignment to third parties is not permitted. If the reserved goods are sold by the buyer together with other goods not belonging to us, the claim from the resale is assigned to us in the ratio of the invoice value of the reserved goods to the value of the other goods sold. In the case of the sale of goods in which we have co-ownership shares in accordance with paragraph 2, a share corresponding to our co-ownership share is assigned to us. If the reserved goods are used by the buyer to fulfil a contract for work and services, the claim arising from the contract for work and services is assigned to us in advance to the same extent.

6. The buyer is entitled to collect claims from the resale. The customer must keep the collected amounts separately and transfer them to us immediately. This authorisation to collect shall expire in the event of our revocation, but at the latest in the event of default in payment, dishonour of a bill of exchange or an application for the opening of insolvency proceedings. We shall only make use of our right of revocation if, after conclusion of the contract, it becomes apparent that our claim to the consideration from this or other contracts with the buyer is jeopardised by the buyer's lack of ability to pay. At our request, the buyer is obliged to inform his customers immediately of the assignment to us and to provide the documents and information necessary for collection.

7. With the revocation of the collection authorisation, the authorisation of the buyer to resell as well as to process the goods subject to retention of title and to combine and mix them with other goods ends at the same time. Insofar as the reserved goods are still with the buyer, the buyer must provide us with access to the goods.

8. If the realisable value of the securities existing for us exceeds the nominal value of our claims, including ancillary claims, by a total of more than 10%, we must release securities of our choice at the request of the buyer.

9.The buyer must keep the reserved goods in safe custody for us. On request, we must be given the opportunity to take stock of the goods subject to retention of title at the location of the respective storage and to adequately mark them.

VIII. Warranty

1. The rights of the buyer in the event of a defect in the delivery item are based on the following, in addition to the relevant statutory provisions.

2. In any case, we must be notified in writing of a defect in the delivery item before the warranty period expires.

3. In the event of a justified and timely notification of defects, we shall, at our discretion, provide subsequent performance by repair or subsequent delivery. Otherwise, §§ 439 et seq. BGB apply in addition.

4. If the buyer receives defective assembly instructions, we are only obliged to deliver assembly instructions free of defects and this only if the defect in the assembly instructions prevents proper assembly.

5. Claims due to defects in a newly manufactured delivery item shall become statute-barred within one year of delivery. Claims due to the defect of a used delivery item are excluded.

6. The liability provisions of the following Section IX. shall remain unaffected by all provisions of this Section VIII.

IX. Liability

Unless otherwise provided for in these Terms and Conditions of Sale and Delivery, we shall only be liable for damages in the event of intent and gross negligence as well as culpable breach of material contractual obligations. Otherwise, liability for simple negligence is excluded. Essential are all contractual obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. In the event of culpable breach of material contractual obligations, we shall be liable - except in cases of intent or gross negligence - only for foreseeable damage typical of the contract. The above limitations of liability do not apply in the event of injury to life, body or health. Claims under the Product Liability Act shall remain unaffected. The above limitations of liability also apply in the event of fault on the part of our legal representatives or vicarious agents.

X. Data protection

1. In the following we inform you about the collection of your personal data when concluding business or contracts. With regard to the personal data of our business partners, we comply with the data protection regulations, in particular the Basic Data Protection Regulation (DSGVO).

2. your personal data will be collected, stored, processed and used by us if and as long as this is necessary for the implementation of pre-contractual measures or the fulfilment of the contract. Any further collection, storage, processing and use of personal data is only carried out if required or permitted by law or if you have given us your express consent.

3. For the implementation of pre-contractual measures and fulfilment of this contract, the collection, processing and use of your company name, contact person, address, contact data and bank account details, among other things, is required on the basis of Art. 6 para. 1 letter b) DSGVO (hereinafter "personal data").

4. We are entitled - within the scope of what is legally permissible - to transfer this personal data to third companies if and insofar as this is necessary for the implementation of pre-contractual measures and for the fulfilment of this agreement (such as mail order companies, invoicing) on the basis of Art. 6 Para. 1 letter b) DSGVO or for the fulfilment of a legal obligation in accordance with Art. 6 Para. 1 letter c) DSGVO.

5.You have the right, subject to the legal requirements, to demand information from us at any time about the stored personal data concerning you. You also have the right, under the legal requirements, to demand the correction, blocking, restriction of processing and/or deletion or transmission of your data to a third party. If you have given us permission to use your personal data, you can revoke this permission at any time with effect for the future. You also have the right to complain to a supervisory authority.

6. your personal data will be deleted by us at the latest at the end of the statutory retention period (§ 147 (3) of the German Fiscal Code), i.e. after 10 years, starting with the conclusion of the contract.

7. Further information on the handling of personal data and the rights you are entitled to can be found in our data protection information nironit.de/datenschutz.html.

8. For information, correction, deletion and blocking and to exercise the right of withdrawal or right of objection, please contact us as the responsible body: NIRONIT Edelstahl GmbH & Co KG, Am Oheberg 8, 21224 Rosengarten, e-mail to datenschutz(at)nironit.de

Reference to product recommendations at conclusion of contract; right of objection at any time

If you purchase goods or services from us, we take the liberty, within the framework of legal requirements, of sending you information e-mails and product recommendations for our own similar goods and services, unless you have objected to this. The personal data that we process for sending the information e-mails will not be passed on to third parties. The data will be used exclusively for sending the information e-mails. The legal basis for this is Art 6 para. 1 lit f DSGVO in conjunction with § 7 para. 3 UWG. You can object to receiving the information e-mails with our product recommendations by e-mail at any time and unsubscribe from the newsletter using the separate link directly at the end of each information e-mail. Furthermore, you have the possibility to unsubscribe or revoke the further receipt of the information e-mails by e-mail to datenschutz(at)nironit.de. In doing so, you will not incur any costs other than the transmission costs according to the basic tariffs.

XII. Export, value added tax

1. The purchaser owes NIRONIT the statutory value added tax. The utilisation of the tax exemption of a delivery within the meaning of the VAT Act is linked to the existence of the legal requirements. If the conditions cannot be fulfilled due to circumstances for which the Purchaser is responsible, NIRONIT is entitled to charge VAT at the statutory rate in addition to the agreed purchase price.

2. The obligations of the purchaser towards NIRONIT include the transmission of the proof of proof required for export deliveries and intra-Community deliveries in the case of transport or dispatch by the purchaser (e.g. confirmation of receipt in the case of intra-Community deliveries) as well as the notification of a proper VAT identification number of the purchaser required in the case of intra-Community deliveries.

XIII Final provisions

1. The place of performance for deliveries is the supplying factory in the case of deliveries ex works and the warehouse in the case of deliveries ex warehouse. The place of performance for services other than delivery, in particular payment, to be rendered under this contract is our registered office.

2. If the buyer is a merchant, the place of jurisdiction for all disputes arising from the contractual relationship is our registered office. We are also entitled to sue at the buyer's place of business.

3. The contract shall be governed exclusively by German law. The validity of the UN Sales Convention is excluded.

4. Should any provision of these General Terms and Conditions of Sale and Delivery be or become invalid, this shall not affect the validity of the remaining provisions.

 

Our Terms and Conditions of Sale and Delivery as PDF!

 

NIRONIT
Edelstahlhandel GmbH & Co. KG
Status: January 2020

 

 

General Terms and Conditions of Purchase of NIRONIT Edelstahl GmbH & Co. KG

I. General provisions, scope of application

1. These General Terms and Conditions of Purchase apply exclusively to all orders and contracts that the company Nironit Edelstahl GmbH & Co KG - hereinafter referred to as NIRONIT - enters into, unless expressly agreed otherwise. These conditions also apply to all future business transactions, even if NIRONIT does not expressly refer to them. Deviating conditions of the contractor (supplier, seller - hereinafter only referred to as contractor) are hereby expressly contradicted. The unconditional acceptance of order confirmations or deliveries does not constitute recognition of such conditions. Deviating agreements or supplements are only binding if they are confirmed by us in writing.

2. These General Terms and Conditions of Purchase shall only apply to companies within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law.

3. With the first delivery under these terms and conditions of purchase, the contractor recognises their exclusive validity for all further orders.

II. Offer, conclusion of contract, confidentiality

1. Orders and contracts are only binding if they are made in writing or have been confirmed in writing. Orders, delivery schedules as well as their changes and additions can - after prior written agreement - also be made by means of remote data transmission or machine-readable, whereby a confirmation at least in electronic form is necessary for them to be binding. The above in sentences 1 and 2 also applies to verbal collateral agreements and amendments to the contract. The offer of NIRONIT to conclude a contract can only be accepted within a period of 14 days, unless otherwise agreed.

2. Remuneration for visits or for the preparation of offers, projects etc. will not be granted.

3. The conclusion of the contract must be treated confidentially. The Contractor may only refer to business relations with NIRONIT in advertising materials after written consent.

4. The contractor undertakes to treat all commercial or technical details which are not obvious and which become known to him through the business relationship as business secrets. Subcontractors are to be obligated accordingly.

III. Shipping

1. The Contractor must comply with the shipping instructions of NIRONIT and of the forwarder or carrier. The order and article numbers of NIRONIT are stated in all shipping documents, letters and invoices.

2. The costs of transport including packaging, insurance and all other ancillary costs shall be borne by the contractor, unless expressly agreed otherwise.

IV. Prices and terms of payment

1. Agreed prices are maximum prices; price reductions in the period between the order and payment of the invoice benefit NIRONIT

2. invoices must be issued immediately after dispatch of the goods, stating the order and article number. The value added tax is to be shown separately.

3. Payment is subject to proper delivery as well as correctness of price and calculation. A determination of a defect subject to warranty entitles NIRONIT to withhold payment until the warranty obligation has been fulfilled.

4. payment shall be made in the usual commercial manner, either within 14 calendar days with a 3% discount or after 30 calendar days net, calculated after delivery/service and receipt of invoice.

V. Value Added Tax

1. NIRONIT does not owe any turnover tax, which is shown separately on the invoice to NIRONIT, unless it is a legally owed turnover tax (within the meaning of the VAT Act/the turnover tax regulations).

2. If it only becomes apparent to NIRONIT at a later point in time that a separately shown turnover tax was not legally owed (e.g. due to an incorrect or unjustified tax statement), the Supplier undertakes to compensate NIRONIT for the resulting tax damage, including any additional tax payments.

VI. Delivery periods, delivery dates

1. The delivery periods or dates stated in orders are binding and are understood to be those of arrival at the place of performance.

2. Should it not be possible to meet a deadline, NIRONIT must be informed immediately in writing, stating the reason and the expected duration of the delay.

3. NIRONIT is entitled to refuse acceptance of goods that are not delivered on the delivery date specified in the order and to return them at the expense and risk of the Supplier or to store them with third parties.

4. The Supplier is obliged to compensate NIRONIT for all direct and indirect damages caused by delay.

5. The Contractor can only refer to the absence of necessary documents to be supplied by NIRONIT if the Contractor has sent a written reminder and has not provided these within a reasonable period of time.

6. Force majeure shall release the contracting parties from their obligations to perform for the duration of the disturbance and to the extent of its effect. This also applies if such events occur during an existing delay. Sovereign measures, strikes and lock-outs and other operational disruptions for which we are not responsible and which make performance significantly more difficult or impossible shall be deemed equivalent to force majeure. The contractual partners are obliged to provide the necessary information immediately within the scope of what is reasonable and to adapt their obligations to the changed circumstances in good faith. NIRONIT is completely or partially released from the obligation to accept the ordered delivery/service and is insofar entitled to withdraw from the contract, if the delivery/service is no longer usable by NIRONIT - under consideration of economic aspects - due to the delay caused by force majeure or due to strikes or lock-outs. NIRONIT and the contractor are entitled to withdraw from the contract if the event lasts longer than three months.

7. In case of early delivery, NIRONIT reserves the right to return the goods at the expense of the Supplier. If the goods are not returned in the case of premature delivery, they are stored at NIRONIT until the delivery date at the expense and risk of the Supplier. In case of early delivery, NIRONIT reserves the right to make payment only on the agreed due date.

8. NIRONIT accepts partial deliveries only after express agreement. In the case of agreed partial deliveries, the remaining quantity must be listed.

9. In the event that NIRONIT is unable to fulfil its obligations to its own customers/buyers or cannot fulfil them on time due to delays in delivery - regardless of the type and origin - the Supplier, insofar as it is responsible for the delay, shall indemnify NIRONIT against any claims for damages, reductions and all other legal disadvantages, in particular for the case of loss of profit or damage caused by loss of production.

VII. Warranty

1. The contractor guarantees that the goods comply with the specifications submitted, the relevant standards, the regulations and guidelines of authorities, trade associations and professional organisations and the state of the art. If the Contractor has reservations about this desired type of execution, he must inform NIRONIT immediately in writing.

2. If the purchase is a commercial transaction for NIRONIT and the contractor, NIRONIT shall notify the contractor of defects in the goods immediately after their discovery, at the latest within five working days. This applies to both obvious and hidden defects. In the event of a complaint, the Contractor can be charged the costs of the inspection.

3. The values determined during the incoming goods inspection are binding for dimensions, weights and quantities of a delivery.

4. In the event of an agreed contractual penalty for delayed delivery, the claim to a contractual penalty shall remain valid even if it is not expressly asserted upon receipt of the delivery. Further claims shall likewise remain in force without any special reservation upon acceptance.

5. The warranty obligation of the contractor is based on the statutory provisions, unless otherwise stated below.

6. The warranty period shall be at least 24 months from delivery at the place of performance. If the statutory warranty period is longer, this shall apply.

7. In the case of a defective delivery, the Supplier shall, at the discretion of NIRONIT, provide subsequent performance in the form of repair or replacement. In urgent cases, NIRONIT is also entitled - after consultation with the Contractor - to carry out the rectification of the defects itself at the expense of the Contractor or to have it carried out by a third party or to procure a replacement elsewhere. The same applies if the Supplier is in default with the fulfilment of his warranty obligations. If, in accordance with the statistical inspection procedure specified in the order, it is determined that the maximum permissible proportion of defects has been exceeded, NIRONIT is entitled to make claims for defects in respect of the entire delivery or to inspect the entire delivery at the expense of the Contractor after prior consultation with the Contractor.

8. The contractor shall be liable for replacement deliveries and repair work to the same extent as for the original delivery item, i.e. also for transport, travel and labour costs, without limitation. The warranty period for replacement deliveries begins at the earliest on the day of the arrival of the replacement delivery.

9. Within the scope of its obligation to pay damages, the Contractor shall indemnify NIRONIT on first request from all claims of third parties, which are raised due to defects, violation of industrial property rights of third parties or product damage of its delivery due to its share of the cause.

10. The contractor is obliged to reimburse reasonable costs for a product recall due to product liability law. NIRONIT will inform the Contractor as soon as possible beforehand for comment. The Supplier guarantees the existence of an appropriate product liability insurance.

VIII. Reservation of title

1. NIRONIT does not accept a reservation of title by the contractor in any form whatsoever. This is hereby expressly contradicted.

IX. Liability

1. Unless otherwise provided for in these Terms and Conditions of Purchase, NIRONIT shall only be liable for damages in case of intent or gross negligence as well as in case of culpable violation of essential contractual obligations; otherwise, liability for simple negligence is excluded. Essential are all contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely. In the event of culpable breach of essential contractual obligations, NIRONIT is liable - except in cases of intent or gross negligence - only for foreseeable damage typical for the contract.

2. The above limitations of liability do not apply in the event of injury to life, body or health. Claims under the Product Liability Act shall remain unaffected.

3. The above limitations of liability also apply in the event of fault on the part of the legal representatives or vicarious agents of NIRONIT.

X. Set-off and assignment

1. The contractor is only entitled to offset against undisputed or legally established claims. NIRONIT is entitled to offset all claims against the Contractor without any restriction.

2. The assignment of claims against NIRONIT is only effective with the written consent of NIRONIT.

XI. Information and documents provided

1. Drawings, drafts, samples, manufacturing instructions, internal company data, tools, equipment etc. which we have provided to the contractor for the purpose of submitting an offer or executing an order remain our property. They may not be used for other purposes, duplicated or made available to third parties and must be stored with the care of a prudent businessman. After completion of the order, they must be returned to NIRONIT without request.

XII. Property rights of third parties

1. The contractor guarantees that the rights of third parties do not conflict with the intended use of the purchased goods, in particular that the property rights of third parties are not infringed. If claims are nevertheless made against NIRONIT due to a possible infringement of third party rights, such as copyrights, patent rights and other industrial property rights, the Contractor shall indemnify NIRONIT against this and against any performance in connection therewith. NIRONIT is entitled, at the expense of the Contractor, to obtain permission for the use of the goods and services concerned from the entitled party.

XIII. Data protection

1. In the following we inform you about the collection of your personal data when concluding business or contracts. With regard to the personal data of our business partners, we comply with the data protection regulations, in particular the Basic Data Protection Regulation (DSGVO).

2. Your personal data will be collected, stored, processed and used by us if and as long as this is necessary for the implementation of pre-contractual measures or the fulfilment of the contract. Any further collection, storage, processing and use of personal data is only carried out if required or permitted by law or if you have given us your express consent.

3. For the implementation of pre-contractual measures and fulfilment of this contract, the collection, processing and use of your company name, contact person, address, contact data and bank account details, among other things, is required on the basis of Art. 6 para. 1 letter b) DSGVO (hereinafter "personal data").

4. We are entitled - within the scope of what is legally permissible - to transfer this personal data to third companies if and insofar as this is necessary for the implementation of pre-contractual measures and for the fulfilment of this agreement (such as mail order companies, invoicing) on the basis of Art. 6 Para. 1 letter b) DSGVO or for the fulfilment of a legal obligation in accordance with Art. 6 Para. 1 letter c) DSGVO.

5. You have the right, subject to the legal requirements, to demand information from us at any time about the stored personal data concerning you. You also have the right, under the legal requirements, to demand the correction, blocking, restriction of processing and/or deletion or transmission of your data to a third party. If you have given us permission to use your personal data, you can revoke this permission at any time with effect for the future. You also have the right to complain to a supervisory authority.

6. your personal data will be deleted by us at the latest at the end of the statutory retention period (§ 147 (3) of the German Fiscal Code), i.e. after 10 years, starting with the conclusion of the contract.

7. Further information on the handling of personal data and the rights you are entitled to can be found in our data protection information (LINK).

8. For information, correction, deletion and blocking and to exercise the right of withdrawal or right of objection, please contact us as the responsible body: NIRONIT Edelstahl GmbH & Co KG, Am Oheberg 8, 21224 Rosengarten, Germany, email to datenschutz@NIRONIT.de

XIV. Final provisions

1. Should individual provisions of these General Terms and Conditions of Purchase be or become void, the remaining provisions shall remain effective.

2. Unless expressly agreed otherwise, the place of performance for the delivery obligation is the shipping address or place of use requested by us; for all other obligations of both parties, the place of performance is 28199 Bremen.

3. If the contractor suspends payments or if insolvency proceedings are applied for over his assets or judicial or extrajudicial composition proceedings are applied for, we are entitled to withdraw from the contract.

4. The contract language is German. Insofar as the contractual partners use another language in addition, the German wording shall have priority.

5. If the contractor is a merchant, the place of jurisdiction for all disputes arising from the contractual relationship is the registered office of NIRONIT. NIRONIT is also entitled to sue at the registered office of the contractor.

6. The contract shall be governed exclusively by German law. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.

 

Our Terms and Conditions of Purchase as PDF!

NIRONIT
Edelstahlhandel GmbH & Co. KG
Revision January 2020