Information according to the Telemedia Act (TMG)
4 DISC GMBH
Bönninghauser Str. 5
Friedrich Mertin, Hermann Dreesbeimdieke
+49 231 986 923 22
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General Terms and Conditions 4 Disc GmbH
Based on the Terms and Conditions of the Agricultural Machinery and Agricultural Tractor Association in the VDMA e.V. for Commercial Business Transactions (October 1978 edition).
1 | Offer
Our offers are subject to confirmation. The documents belonging to our offer, such as illustrations, drawings, weights and dimensions, are only approximate unless they are expressly designated as binding. We reserve the right of ownership and copyright to cost estimates, drawings and other documents; they may not be made accessible to third parties.
2 | Scope of delivery
Our written order confirmation shall be decisive for the scope of delivery and the agreement of delivery dates. In the event of an offer by us with a time commitment and acceptance in due time, the offer shall be decisive, unless an order confirmation has been issued in due time. Assurances of properties, ancillary agreements and amendments require our written confirmation. We reserve the right to make changes to the design and form of the delivery item, insofar as the delivery item is not fundamentally changed and the changes are unreasonable for the customer. If the customer refuses to accept the delivered goods and if it is therefore necessary – either due to the customer’s refusal or due to an agreement between the parties – to store the goods again with us, we shall be entitled to charge a restocking fee of 15% of the value of the goods per item to be stored as a lump sum for the restocking. This shall also apply if excess goods ordered are taken back by us by agreement. We expressly reserve the right to claim higher storage fees, if they have been incurred.
3 | Price and payment
Unless otherwise agreed, the prices are ex works excluding packaging. Value added tax at the respective statutory rate shall be added to the prices. The invoices are issued in €. Invoices shall be made out at the daily prices valid at the time of delivery. 2.
In the absence of a special agreement, payment shall be made within 14 days of the invoice date without deduction. Payments shall be made with discharging effect only to us or to persons authorised by us in writing. Partial payments are only possible after prior written agreement. Payment orders, cheques and bills of exchange shall only be accepted on account of payment and all collection and discount charges shall be charged. 3.
3. retention of payments or offsetting on account of any counterclaims of the buyer disputed by us shall not be admissible. If the buyer defaults on payments, we may withdraw from the contract after setting a sufficient grace period and demand reasonable damages for non-performance. Payments shall in each case be credited against the oldest claim, but primarily against costs and interest. After expiry of the due date, we shall be entitled to charge interest in the amount of the respective bill discount rate of the Deutsche Bundesbank plus 5 % per annum. Spare parts are generally only delivered against cash on delivery.
4 Delivery period
The delivery period shall commence with the dispatch of the order confirmation, but not before the provision of the documents, approvals, releases to be procured by the customer and before receipt of any agreed down payment. 2.
The delivery period shall be deemed to have been complied with if the delivery item has left the factory or notification of readiness for dispatch has been given by the time the delivery period expires. 3.
The delivery period shall be extended appropriately in the event of measures within the scope of industrial disputes, in particular strikes and lock-outs, as well as in the event of the occurrence of unforeseen obstacles which are beyond our control, as well as such obstacles which demonstrably have a considerable influence on the completion or delivery of the delivery item.
influence. This shall also apply if the circumstances occur at subcontractors. We shall not be responsible for the aforementioned circumstances even if they arise during an already existing delay. In important cases, we shall inform the customer of the beginning and end of such obstacles as soon as possible. 4.
We shall endeavour to meet the stated delivery date, but the delivery date shall not be binding. If the delivery date is exceeded by more than six weeks, the buyer shall be entitled to set us a grace period of at least four weeks and, if he has at the same time declared his withdrawal as a precaution, to withdraw from the contract if the grace period expires without result (see 10.2). Otherwise, compensation for damages due to non-performance or delay is excluded in any case. 5.
If dispatch is delayed at the request of the customer, the customer shall be charged for the costs incurred for storage, starting one month after notification of readiness for dispatch.
costs incurred by the storage. However, we shall be entitled to dispose of the delivery item otherwise and to supply the customer within a reasonably extended period of time after setting a reasonable period of time and after this period has expired without results. 6.
Compliance with the delivery period shall be subject to the fulfilment of the contractual obligations of the customer.
5 | Transfer of risk and acceptance
Shipment shall be at the risk of the customer, even if fob, cif or free delivery has been agreed. In the absence of specific instructions for the mode of dispatch, this shall be chosen at our best discretion without assuming any responsibility. We shall also carry out instructions regarding dispatch, orders to forwarding agents and other auxiliary persons without assuming any liability. If dispatch is delayed at the request of or through the fault of the customer or for reasons for which we are not responsible, the risk shall pass to the customer from the day on which the goods are ready for dispatch. Each partial delivery shall be deemed to be a completed transaction.
6 | Reservations of right to change
1. in the event of unforeseen events within the meaning of these terms and conditions, insofar as they significantly change the economic significance or the content of the performance or have a significant effect on our business and in the event that it subsequently becomes apparent that performance is impossible, the contract shall be adjusted accordingly. If this is not economically justifiable, we shall be entitled to withdraw from the contract in whole or in part. In this case, we shall inform the customer immediately after having realised the consequences of the event. 2.
(2) If, after conclusion of the contract but before delivery, we become aware of specific circumstances in the financial circumstances of the customer as a result of which our claims no longer appear to be sufficiently secured on the basis of a reasonable commercial assessment, we may demand advance payment or the provision of security and, if this demand is not complied with within a reasonable period of time, withdraw from the contract or claim damages for non-performance.
7 | Retention of title
(1) We retain title to the delivery item until all our claims against the purchaser arising from the business relationship, including future claims arising from contracts concluded at the same time or later, have been settled. This shall also apply if individual or all claims are included in a current account and the balance has been struck and accepted. In the event of conduct by the customer in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the delivery item after issuing a reminder and the customer shall be obliged to surrender it. The taking back as well as the seizure of the object by us shall only constitute a withdrawal from the contract if we expressly declare this in writing, unless the law on instalments applies. In the event of seizure or other interventions by third parties, the customer must notify us immediately and provide all necessary information. 2.
The customer is entitled to resell the delivery item in the ordinary course of business. However, he hereby assigns to us all claims, including all ancillary rights, accruing to him from the resale against the purchaser or against third parties, irrespective of whether the goods subject to retention of title are resold without or after processing. The customer is authorised to collect these claims even after the assignment. This shall not affect our right to collect the claims ourselves, but we undertake not to collect the claims as long as the customer duly meets his payment obligations. We may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors of the assignment. If the delivery item is resold together with other goods which do not belong to us, the customer’s claim against the purchaser shall be deemed to have been assigned in the amount of the delivery price agreed between us and the customer.
8 | Liability and defects of the delivery
We shall be liable for defects in the delivery to the exclusion of further claims as follows:
1. All those parts shall be repaired or replaced free of charge at our reasonable discretion which prove to be unusable or significantly impaired in their usability as a result of a circumstance occurring prior to the transfer of risk – in particular due to faulty design, poor materials or defective workmanship. We must be notified immediately in writing of the discovery of such defects. Replaced parts shall become our property. Our liability ends with the expiry of the warranty period of 6 months after delivery of the subject matter of the contract.