Steinbach & Vollmann GmbH | Terms and Conditions

General Terms and Conditions

Acceptance of the terms of delivery and payment: The following terms and conditions apply to entrepreneurs, legal entities under public law and special funds under public law. They apply exclusively to all deliveries and services based on all current and future contracts. Any deviating terms and conditions of the customer that we do not expressly acknowledge in writing are not binding for us, even if we do not expressly object to them or if we carry out deliveries and services without reservation in the knowledge of the customer's deviating terms and conditions
Offer and conclusion of contract: Our offers are always subject to change. Orders only become binding once we have confirmed them in writing. This also applies to orders accepted by our representatives. Additions, changes or verbal side agreements require our written confirmation to be valid
Call-off orders: Unless otherwise agreed, call-off orders must be accepted within six months of the first delivery. If the customer fails to call off the order within the specified period despite a reminder and the setting of a grace period, we shall be entitled to invoice the entire order without prior delivery and without the goods having to be completely finished, but which must be completed upon full payment by the customer. Under the above conditions, we shall also be entitled to refrain from completing the goods in whole or in part and, insofar as we do not execute the order thereafter, to claim compensation for lost profits of up to 10% of the agreed price. We reserve the right to claim higher damages. However, the customer is entitled to prove to us that we have incurred no or significantly lower damages. If the ordered goods are not called off despite a reminder and the setting of a grace period, the customer shall bear the storage costs incurred
Tools: We undertake to store tools for one year after the last delivery. If the customer informs us before the expiry of this period that orders will be placed within a further year, the storage period shall be extended by a further year. After this period and in the absence of repeat orders, we shall be free to dispose of the tools. For orders that are cancelled during the development stage or start-up period, we reserve the right to charge for the costs incurred. In this case, the costs incurred for the initial tool set will be invoiced before the samples are released, and the costs incurred for the entire series of tools, special equipment and gauges will be invoiced after the samples have been released. The tools invoiced shall be available to the customer for inspection for four weeks and shall be scrapped after this period has expired. Completed stage plans and design drawings of the tools are not available for inspection by the customer in order to protect the processes used
Prices:
 Unless otherwise agreed in individual cases, our prices valid at the time of conclusion of the contract shall apply, ex works Heiligenhaus, excluding packaging and statutory value added tax.
Small orders with a net order value of less than EUR 250.00 are subject to a processing fee of EUR 39.00 (minimum quantity surcharge). The usual discounts do not apply.
For custom-made products, the price is calculated on the basis of the determined production costs.
Our prices are based on the purchase price of the raw materials required to manufacture the purchased item
Delivery time and delay:
 The delivery period shall be agreed individually or specified by us upon acceptance of the order.
If we are unable to meet binding delivery deadlines for reasons beyond our control (non-availability of the service), we shall inform the customer immediately and at the same time notify them of the expected new delivery deadline. If the service is also unavailable within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall immediately reimburse any consideration already paid by the customer. In particular, the non-availability of the service in this sense shall include the non-timely delivery by our supplier, if we have concluded a congruent covering transaction, neither we nor our supplier are at fault, or we are not obliged to procure the service in individual cases.
The occurrence of our delay in delivery shall be determined in accordance with the statutory provisions. In any case, however, a reminder by the customer is required. If we are in default of delivery, the customer may demand lump-sum compensation for the damage caused by the delay. The lump sum for damages shall amount to 0.5% of the net price (delivery value) for each completed calendar week of delay, but in total no more than 5% of the delivery value of the goods delivered late. We reserve the right to prove that the customer has not incurred any damage or only significantly less damage than the above lump sum.
The rights of the customer pursuant to § 10 of these General Terms and Conditions and our statutory rights, in particular in the event of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of performance and/or subsequent performance), remain unaffected.
Partial deliveries are permissible
Shipping and transfer of risk:
We ship the goods by track, post or forwarding agent at our discretion.
If the customer requests that the goods be shipped to them or to another location, the risk of accidental loss or accidental deterioration of the goods shall pass to them as soon as the goods leave our factory. If dispatch is delayed for reasons for which the customer is responsible, the risk shall pass on the day on which the goods are ready for dispatch.
The shipping costs are calculated according to the scope (weight/size) of the goods ordered and are to be borne by the customer
Packaging:
 We select the packaging at our discretion and charge for it at cost price.
We will take back transport packaging without the customer being entitled to a credit note if they return it to our headquarters in Heiligenhaus at their own expense
Claims for material defects:
Unless otherwise specified below, the statutory provisions shall apply to the rights of the customer in the event of material defects and defects of title (including incorrect and short delivery as well as improper assembly or defective assembly instructions). In all cases, the special statutory provisions for final delivery of unprocessed goods to a consumer shall remain unaffected, even if the consumer has processed them (supplier recourse pursuant to Sections 478 of the German Civil Code (BGB)). Claims arising from supplier recourse are excluded if the defective goods have been further processed by the customer or another entrepreneur, e.g. by installation in another product.
Quantity deviations of 5% downwards and upwards are permissible in our deliveries.
Our liability for defects is based primarily on the agreement made regarding the quality of the goods.
If the quality has not been agreed, the statutory provisions shall apply to determine whether a defect exists or not (Section 434 (1) sentences 2 and 3 of the German Civil Code (BGB)). However, we accept no liability for public statements made by the manufacturer or other third parties (e.g. advertising statements) which the customer has not indicated to us as being decisive for their purchase.
The customer's claims for defects presuppose that they have fulfilled their statutory obligations to inspect and give notice of defects (§§ 377, 381 HGB). In the case of goods intended for installation or further processing, an inspection must be carried out in any case immediately prior to processing. If a defect becomes apparent upon delivery, during inspection or at any later point in time, we must be notified of this in writing without delay. In any case, obvious defects must be reported in writing within 8 working days of delivery and defects that are not apparent during inspection within the same period of time after discovery. If the customer fails to carry out the proper inspection and/or notification of defects, our liability for the defect that was not reported or not reported in time or properly is excluded in accordance with the statutory provisions.
If the delivered item is defective, we may first choose whether to remedy the defect (repair) or deliver a defect-free item (replacement). Our right to refuse subsequent performance under the statutory conditions remains unaffected.
We are entitled to make the subsequent performance owed dependent on the customer paying the purchase price due. However, the customer is entitled to retain a portion of the purchase price commensurate with the defect. The customer must give us the time and opportunity necessary for the subsequent performance owed, in particular to hand over the rejected goods for inspection. In the event of a replacement delivery, the customer must return the defective item to us in accordance with the statutory provisions. Subsequent performance does not include the removal of the defective item or its reinstallation if we were not originally obliged to install it.
The expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs as well as any removal and installation costs, shall be borne or reimbursed by us in accordance with the statutory provisions if a defect actually exists. Otherwise, we may demand reimbursement from the customer for the costs incurred as a result of the unjustified request to remedy the defect (in particular testing and transport costs), unless the defect was not apparent to the customer.
In urgent cases, e.g. if operational safety is at risk or to prevent disproportionate damage, the customer shall be entitled to remedy the defect itself and to demand reimbursement from us for the objectively necessary expenses incurred in doing so. We shall be notified of such self-remedy immediately, if possible in advance. The right to remedy the defect ourselves does not apply if we would be entitled to refuse subsequent performance in accordance with the statutory provisions.
If the subsequent performance has failed or if a reasonable period for subsequent performance set by the customer has expired without result or is dispensable in accordance with the statutory provisions, the customer may withdraw from the purchase contract or reduce the purchase price. However, there is no right of withdrawal in the case of an insignificant defect.
Claims by the customer for damages or reimbursement of futile expenses shall also only exist in the case of defects in accordance with § 10 and are otherwise excluded
Other liability:
 Unless otherwise specified in these GTC, including the following provisions, we shall be liable for any breach of contractual and non-contractual obligations in accordance with the statutory provisions.
We shall be liable for damages – regardless of the legal basis – within the frame of fault-based liability in cases of intent and gross negligence. In cases of simple negligence, we shall only be liable, subject to statutory limitations of liability (e.g. diligence in our own affairs; insignificant breach of duty),
a) for damages resulting from injury to life, limb or health,
b) for damage resulting from the breach of an essential contractual obligation (an obligation whose fulfilment is essential for the proper execution of the contract and on whose fulfilment the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.
The limitations of liability resulting from paragraph 2 shall also apply to breaches of duty by or for the benefit of persons for whose fault we are responsible in accordance with statutory provisions. They shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods and for claims of the customer under the Product Liability Act.
The customer may only withdraw from the contract due to a breach of duty that does not constitute a defect if we are responsible for the breach of duty. The customer's right to terminate the contract at will (in particular in accordance with Sections 650 and 648 of the German Civil Code (BGB)) is excluded. In all other respects, the statutory requirements and legal consequences shall apply.
Notwithstanding Section 438 (1) No. 3 of the German Civil Code (BGB), the general limitation period for claims arising from material defects and defects of title is one year from delivery
Payment:
Our invoices, including those for partial deliveries, are payable free of postage and charges within 30 days of the invoice date. In the case of cashless payment, the date of credit shall be decisive. The risk of the payment method shall be borne by the customer.
Agreements on special terms of payment shall only be binding after our written confirmation. Such terms shall only be granted if all due payment obligations from previous deliveries have been fulfilled and the invoice amount has been paid on time on the aforementioned due date.
The customer shall be in default upon expiry of the above payment period. The amount owed shall bear interest at the applicable statutory default interest rate during the period of default. We reserve the right to assert further claims for damages caused by default. Our claim to commercial interest on arrears (§ 353 HGB) against merchants remains unaffected.
The customer shall only be entitled to set-off or retention rights to the extent that his claim has been legally established or is undisputed. In the event of defects in the delivery, the customer's counterclaims shall remain unaffected
Retention of title:
 We retain title to all goods delivered until all claims arising from the business relationship with the customer have been settled.
The customer is entitled to sell these goods in the ordinary course of business, provided that he fulfils his obligations arising from the business relationship with us in a timely manner. However, he may neither pledge the goods subject to retention of title nor assign them as security. In the event of resale, the customer hereby assigns to us all claims arising from such resale, regardless of whether this takes place before or after any processing of the goods delivered under retention of title. Notwithstanding our authority to collect the claim ourselves, the customer remains authorised to collect the claim even after the assignment. In this context, we undertake not to collect the claim as long as and to the extent that the customer meets its payment obligations, no application for the opening of insolvency or similar proceedings has been made and no suspension of payments has occurred.
Any processing or treatment of the goods subject to retention of title shall always be carried out by the customer on our behalf. If the goods subject to retention of title are processed or inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed or mixed items at the time of processing or mixing.
If our goods are combined with other movable items to form an item in terms of content or are inseparably mixed and the other item is to be regarded as the main item, the customer shall transfer to us proportional co-ownership in proportion to the value of the main item. The customer shall hold the property or co-ownership in safekeeping for us. The same shall apply to the item created by processing or combination or mixing as to the goods subject to retention of title.
The customer shall inform us immediately of any enforcement measures by third parties against the goods subject to retention of title, against the claims assigned to us or against other securities, handing over the documents necessary for intervention. This shall also apply to impairments of any other kind.
If the value of the existing securities exceeds the secured claims by more than 10% in total, we shall be obliged, upon request, to release securities of our choice to this extent
Place of performance, place of jurisdiction, applicable law:
The place of performance is our registered office. The place of jurisdiction for disputes with customers who are registered traders, legal entities under public law or special funds under public law is also our registered office. However, we reserve the right to bring legal action at the place of business or residence of the customer.
The law of the Federal Republic of Germany applies exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

As of 06/2024