ConCab kabel gmbh :: ihr Partner für Kabel und Leitungen

I. General terms
1. The following conditions shall apply to all our quotations and contracts, to current and future transactions. They shall be recognized by the buyer at latest with the receipt of the goods or services and need not be agreed upon expressively.
2. Any diverging agreements, such as amendments, collateral agreements and supplements as well as diverging general terms and conditions or purchasing conditions of our customers are herwith expressively and definitely opossed.
3. Deviations from our terms and conditions shall not become effective unless we have confirmed them in writing and are only effective for the particular project.
II. Prices and shipping costs
1. Our offers and price lists are not binding, they are without obligation and subject to our written order confirmation.
2. Our prices are on principle to be understood in EUR, plus VAT as stipulated by law at the time of shipment, as well as freight and packing costs for the individual order concerned. They only include the mentioned services, any special services shall be invoiced additionally. Shipments outside Germany are not subject to VAT.
3. For a net order value of up to EUR 160,-- an additonal min. quantity surcharge of EUR 15,-- is being invoiced.
4. Prices stipulated by us correspond to the present cost situation. They include a copper basis of EUR 150,-- per 100kg copper, excluded are the underground cables with hollow prices (copper basis 0) as well as telephone cables with a copper basis of EUR 100,-- per 100 kg copper. Decisive for the determination of the sales price is the value of the corresponding DEL notice at the date of our order confirmation. If the notation of the day differs from the copper basis, the list price for 1000 m cable shall increase by the amount resulting from the multiplication of the copper weight with the difference from the metal notation. The metal calculation for cables with other conductor materials/metals (e.g. nickle, silver, aluminium) shall be analog to the copper price determination in our offers respectively order confirmations. They are valid on conditions of an unhindered execution of the order and unchanged cost of wages and materials. If the costs should have increased by the time of shipment, we shall be entitled to recalculate the prices at the date of shipment. If the increase of the prices agreed upon exceed the general cost of living, the customer shall have the right to withdraw from the contract. If the customer is not a merchant as defined by the Commercial Code, we shall only be entitled to alter the quoted and confirmed prices if shipment is made later than 4 months after conclusion of the contract.
III. Costs for shipping and packing
1. Goods with a value of EUR 300,-- or more per shipment will be shipped within Germany to the station of destination carriage paid. However, no freight charges will be reimbursed nor will any collecting compensation be paid in case of collection by the customer. An express shipment of any other special shipping mode required by the customer shall in any case be at his expense.
2. The packing is always invoiced additionally. For large stable containers of wood, metal and other materials we reimburse 3/4 of the packing cost if they are returned undamaged and carriage paid.
3. If cables are supplied on drums from Kabeltrommel GmbH, Cologne (KTG), the drum rent as well as the deposit value will be invoiced according to the KTG contract conditions. As soon as the KTG drums are free, KTG has to be informed accordingly. The corresponding KTG conditions shall be accepted by the customer to whom they will be sent upon request. If the cable is supplied on ConCab drums resp. on-returnable drum, no drum rent will normally be charged. It is only the supplier`s choice to decide whether returnable or non-returnable drums are used for shipment. In case of returnable pakkings/drums, the customer shall be responsible for the orrect handling and return, which shall be at his own risk and expense.
IV. Execution and quantity
1. Material, colour, weight, dimensions, technical design or similar characteristics may be subject to alterations provided that the subject delivered remains as a whole acceptable to the customer.
2. All quantities, dimensions and technical information shall in other respects be subject to the commerical tolerances, quantity increases or reductions up to 10% are admissible.
V. Delivery times, self-supply reservation and shipment
1. Our delivery times are to be understood as being approximate.
2. Our delivery times are to be understood ex works or ex stock. They are in any case subject to the fulfilment of the contractual obligations by the customer. Any subsequent amendment or supplement requested by the customer shall postpone the delivery time accordingly.
3. Our delivery commitment shall be subject to self-supply. Even though delivery times are contractually agreed upon, we shall not be responsible for any delays in shipment or servicing caused by force majeure and/or events complicating the delivery or making it impossible, such as unforseeable difficulties occurred in procuring material, shortage of raw material, official actions, strike, lockout, etc., even if they occur to our suppliers or their subsuppliers. They entitle us to postpone the shipment by the duration of the impediments plus a reasonable start-up time or to withdraw from the contract in case of impediments which turn out to be of longer duration.
4. A declaration supplied by our supplier or a subsupplier shall be a sufficient proof that we are prevented from supplying or servicing.
5. Partial shipments shall be possible. Each partial shipment is considered an independent transaction and does not affect the unfulfilled part of the contract. We are at any time entitled to partial shipments or services.
VI. Place of performance, shipment and passing of the risk
1. Place of performance is for both parties the seat of our company.
2. Loading and shipment shall be made to the best of our discretion and always at the customer`s risk. The risk passes on as soon as we have shown the readiness for dispatch, at the latest with the beginning of the loading onto the means of transport. The same shall apply if shipment is made free of charge.
3. In case of transport damages, it is up to the customer to immediately arrange with the authority in charge for an ascertainment of the facts as otherwise possible claims against the transporting or insurance company get lost.
VII. Failure to take on delivery
1. In case of the customer`s default in taking delivery, we are, after unsuccessful expiration of an adequate period, entitled to either refrain from the contract or to claim   indemnification because of non-fulfilment to an amount of 20% of the order value (unless   the customer evidences that the damage involved is considerably lower or that there is   no damage at all). The assertion of an effectively higher claim remains reserved.
VIII. Terms of payment
1. Our invoices are payable either within 10 days with 2% discount or within 30 days from   date of invoice net. Discount shall only be granted if all previous payment obligations   have been met. In special cases we reserve the right to ask for advance or immediate   payment.  
2. We are entitled to charge from the due date on default interests at a rate of 4% above the   discount rate as stipulated by the Deutsche Bundesbank. The assertion of additional   compensations for additional damages caused by the default shall not be affected.  
3. If an order is executed in several shipments, we shall be entitled to invoice the individual shipments separately. In case of delay in payment, we shall have the right   to discontinue the supply until payment is made.  
4. We accept eligible bills only upon expressive agreement and for the sake of payment. Any   costs and expenses involved shall be paid for by the customer. Bills and cheques are only   credited after clean receipt of the net value and only to the amount of the same.  
5. All our claims shall regardless of any terms of payment, deferment or the life of any bills   or papers received, become due immediately if any circumstances (e.g. protest of bills,   payments in arrears) which may in our opinion affect the credit-worthiness of the   customer come to our knowledge. We can in this case demand an immediate advance payment   and adequate securities for any outstanding supplies and services or withdraw from the contract.  
6. If a customer discontinues his payment, becomes bankrupt or aims at the institution   of composition proceedings, any discounts, allowances or other price reductions granted   on outstanding claims shall be regarded as not being granted.   7. As far as the order belongs to the operation of a commercial business of the customer, the   same shall not be authorized to enforce a lien.   8. The setting off of a disputed claims that have not been recognized by declaratory   judgment is excluded.
IX. Reservation of the right ownership
1. All goods supplied to the customer shall remain our property until full payment of all our   claims, even if the purchase price of specifically denominated claims has been settled.  
2. We are the owner of the reserved goods, the customer is the custodian. The customer   is as custodian above all obliged to secure and care for the goods properly, making sure   that no property or person can be exposed to danger. Any possible risks have to be   covered adequately by insurances.  
3. The handling and use of the reserved goods is done for us as manufacturers in the   meaning of § 950 BGB (German Civil Code), however, without engaging us. The used   goods are condisered to be reserved goods.  
4. If the reserved goods are handled, mixed or connected with reserved goods of other   suppliers, the customer assigns his ownership or co-ownership to CC.
5. The customer shall until revoked be allowed to resell the goods supplied by us and the   articles resulting from their processing in proper business dealings.  
6. The customer assigns us as security all claims resulting from the resale to the amount of   our full purchase price claim until the full redemption of all our claims. As far as the   goods have been handled, mixed or mingled, the assignment shall be made in proportion   of the reservation of ownership to the value of all goods. If the customer has sold the   claim within a real factoring, he shall asign us the claim taking its place against the   factor. The reservation of ownership shall also remain in force if some of our claims are   included in a current invoice, the balance is struck and accepted. The reservation of   ownership is due to us not only for the accepted and abstract final balance, but also for   the causal balance. The customer shall assign us the claims on the balance in the   meanining of § 355 HGB (Commerical Code) in the amount of the claims being due to   us. If the value of the securities given to us exceeds out total claims by more than 10%,   we shall release securities of our choice upon customer`s request.  
7. The customer shall be entitled to collect assigned claims as long as he meets his   financial obligations with us in accordance with the contract and his property is not   subject to forfeiture. He shall in any case no longer be entitled to collection if we   withdraw the authorization or disclose the assignment. The customer shall not be entitled   to dispose otherwise of the reserved goods (e.g. pledging, assignment as security for   a debt). The customer shall upon our request be obliged to inform us about all assigned   claims, above all to supply us a list showing the debtors with name, address, amount   of the claims, date and number of the invoices as well as any existing global assignments.  
8. The customer`s right to own reserved goods expires if he gets into arrears concerning his   obligations toward us or if circumstances occur which justify according to article VIII,   item 5, an immediate maturity acceleration of our claims. The customer shall upon   request return the reserved goods at his expense. As indirect owners of the reserved goods   we have also the right to enter the customer`s premises and to take the reserved goods as   security, which cannot automatically be considered a withdrawal from the contract. We   are entitled to claim and utilize assets of the customer which are subject to our direct   influence as security.
X.Warranty
1. We only supply goods that meet the current state of technical development. As far as   standards (DIN) or other regulation (VDE) are available, we supply goods that have been   manufactured according to these regulations.  
2. The goods supplied by us have to be checked for defects immediately upon receipt at the   place of destination, also if samples had been sent. The shipment and/or service is   considered accepted if we are not given written notice of abvious defects or defects   detected during the inspection within a preclusive period of eight days after arravial of the   goods at the place of destination, but in any case before connection, installation or   processing. The notice shall in any case show the delivery note and invoice number.  
3. Our warranty is limited to rectifications of defects respectively replacements of our   choice. The customer has to give us time and occasion in an adequate way.   If rectifications of defects or replacements turn out to be obviously unsuccessful or if we   reject the remedy of a defect because of disproportionately high expenses, the customer   shall have the right of claiming either a compensation or withdrawing from the contract.  
4. Warranty claims are subject to a limitation period of six months after passing of the risk,   in case of acceptance after the acceptance. A rectification of defects or replacement does   neither suspend nor interrupt the limitation period of warranty claims.  
5. We shall not be responsible for damages being due to improper handling and storing, faulty   installation or natural wear. Repair works or other interventions carried out by the   customer or third parties without our consent shall exclude any warranty.   6. Replaced parts shall be our property.
XI. Liability
1. Claims for indemnification are, with exception of the restrictions mentioned under the   following item, excluded regardsless of their legal grounds, provided they are not subject   to a grossly negligent or willful violation of our contractual obligations.  
2. In case of our delay or failure to supply, for which we are responsible, our obligation for   indemnification shall be limited to 10% of the value of the part of supply in question. This   does not affect our liability concerning characteristics guaranteed by us.  
3. We are not liable for indirect or consequential damages.  
4. All claims for indemnification, for whatever legal ground, are subject to a limitation   period of six months after passing of the risk, in case of acceptance after the acceptance.  
5. Any written or verbal suggestions concerning use or models are made to the best of our   knowledge. They are not binding and no responsiblity is taken. They do by no means   release the customer from own tests or inspections.  
XII. Binding force of a contract, palce of jurisdiction  
1. The ineffectiveness of individual contractual regulations does not affect the validity of the   remaining regulations. The customer and the supplier agree to secure as far as   possible the economic success aimed at an ineffective clause in another legally   admissible way.  
2. Jurisdiction for all rights and obligation, also from bills and cheques, is at our choice   Schwäbisch Hall or Heilbronn, as far as customers are merchants who have been entered   as merchants in the commerical register, legal persons under public law or persons who   have no general jurisdiction in Germany. This does also apply to those being liable for the   customer`s obligations. We are in any case entitled to take also legal actions at the   customer`s seat.
XIII. Others
1. Return of goods are only accepted after previous written agreement.   Handling - and freightcharges to the debit of the customer.  
2. For construction - and programalterations all rights reserved by ConCab.  
3. In case of resell by a German customer into a foreign country, the German customer needs   to investigate whether the exported goods confirm to the restrictions under the Foreign   Trade and IndustryLaw of the German Federal Republic. The exporter himself is responsible   for observing the appropriate regulations.   With the date of publishing these conditions of sale, all previous conditions will no longer   be valid. All offers are also based on these conditions of sale.