General terms and conditions

General terms and conditions of Berky GmbH

(Status 01.01.2021)

§ 1 General

These terms and conditions apply exclusively; Terms and conditions of the buyer that are contrary to or deviate from these conditions are not recognized by the seller unless he has expressly consented to their inclusion in the contractual relationship in writing.
“Seller” in the sense of these general terms and conditions is Berky GmbH.

§ 2 Offer

(1) Our offer is non-binding, unless otherwise stated in the order confirmation.
(2) The seller reserves all property rights and copyrights to all images, drawings, samples, plans, calculations, cost estimates and other documents (hereinafter referred to as “documents”). Any transfer of the documents to third parties is prohibited unless the seller’s written consent for this transfer has been obtained in advance.

§ 3 Price – Payment

(1) All prices are net prices and do not include any costs for packaging, loading and shipping. The statutory value added tax will be charged additionally at the respective statutory rate at the expense of the buyer.
(2) The delivery / collection of the object of purchase takes place EX Works, unless otherwise expressly agreed in writing between the parties. The address is: Wacholderweg 27, 49733 Haren (Ems), Germany
(3) If the delivery is to take place more than 4 months after the conclusion of the contract, the seller is entitled to pass on any price increases by his suppliers or any increases in wage and salary costs to the buyer in the same amount.
(4) Unless otherwise expressly agreed between the parties, the purchase price plus any ancillary costs (e.g. transport, packaging, loading) is due for payment immediately after invoicing and is to be paid cashless to an account to be specified by the seller.
(5) The buyer is only entitled to set-off and retention rights insofar as his claim has been legally established or the seller has expressly agreed to this.

§ 4 Delivery Time – Delivery Delays

(1) The delivery dates agreed between the parties are generally non-binding, unless the parties have expressly agreed otherwise. Any delays that are not the responsibility of the seller and prevent compliance with the delivery date lead to a reasonable extension of the delivery date without the buyer being able to assert any claims against the seller. The same applies to the breach of any obligations to cooperate by the buyer. In these cases, the right of withdrawal of the buyer is excluded.
(2) As soon as the seller becomes aware of circumstances which jeopardize compliance with the delivery date, the seller will inform the buyer about this immediately.
(3) The delivery is deemed to have been met if a) the object of purchase was offered for collection; b) the object of purchase has been handed over to the carrier or c) if an acceptance has to take place, the acceptance has been offered.
(4) If the buyer is in default with the acceptance or, if such has been agreed, with the collection of the object of purchase, the seller is entitled to impose a contractual penalty of 0.2% for each completed calendar day of the delay, up to a maximum of 5% of the to demand the net purchase price of the object of purchase. The contractual penalty applies in addition to the other claims to which the seller is entitled from the delay against the buyer; the assertion of further damage remains expressly unaffected.

§ 5 Transfer of Risk – Acceptance

(1) The risk is transferred to the buyer when the item is made available for collection by the seller on the agreed delivery date at the seller’s plant; If the object of purchase is to be dispatched, the risk is transferred to the buyer when the object of purchase is handed over to the carrier / forwarding agent. Minor defects in the object of purchase do not entitle the buyer to refuse acceptance.
(2) If the shipment is delayed or not carried out due to circumstances for which the buyer is responsible, the risk is transferred to the buyer on the day of readiness for shipment. Partial deliveries are permitted if these are reasonable for the buyer.

§ 6 Retention of Title

(1) The seller retains ownership of the purchase item until all payments from the purchase contract have been received. Insofar as the parties are in a plurality of contractual relationships, the parties hereby agree to a current account retention of title instead of the retention of title in sentence 1, so that the seller remains the owner of the object of purchase until all claims of the seller against the buyer from the contractual relationship have been met.
(2) In the event of a breach of contract by