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GSG Tummescheit Logo - Link zur Startseite

General Terms and Conditions

Terms and conditions of sale and delivery of GSG Baubeschläge GmbH Elsterwerda (hereinafter referred to as GSG)

General information

  1. All contracts are valid only in conjunction with the terms and conditions of sale and delivery. Any changes to the contract must be made in writing to be valid. We are bound by our offers for 4 weeks.
  2. GSG delivers orders with a net value of €25 or more. For orders of €500 or more, GSG delivers free of charge to the customer's receiving station within Germany. Additional costs for express delivery and packages exceeding the standard parcel length (120 cm) are borne by the customer. Area freight (house freight) and cartage charges are not covered by GSG. In the case of carriage paid deliveries, GSG reserves the right to choose the shipping method. For deliveries with a net goods value of less than €500, GSG charges not only the shipping costs but also its own packaging costs. For orders with a net goods value of less than €100, GSG charges a processing fee commensurate with the expense involved.
  3. We do not accept returns of delivered goods unless the delivered goods do not correspond to the goods ordered.
  4. At the customer's request, we also deliver to their end customers for a flat fee of €5.11 per shipment.
  5. We reserve the right to make technical changes to our products and changes to our product range. All changes may be made without prior notice.

Delivery times

  1. The respective delivery dates shall be agreed in the contract.
  2. GSG is entitled to make partial deliveries. Excess or short deliveries of the agreed quantities that are customary in the industry are permissible. Events of force majeure (including strikes, lockouts and other circumstances) entitle GSG to postpone delivery for the duration of the hindrance or to withdraw from the contract in whole or in part.

Returnable packaging

  1. The delivered rental packaging must be returned within the return period of 30 days at the buyer's expense. If the return period is exceeded, a contractual penalty of €0.50/day shall be payable. The assertion of claims for damages remains unaffected by the above provision.

Terms of payment

  1. GSG shall charge the prices agreed upon conclusion of the contract. If, after conclusion of the contract, there is a significant change in our costs (e.g. due to our suppliers), we shall be entitled to make an appropriate adjustment to our prices for deliveries made more than 4 months after conclusion of the contract. In such a case, an increase of more than 15% in the price is justified. Unless otherwise confirmed in writing, invoices are payable within 30 days of the invoice date net or within 10 days of the invoice date less a 2% discount, provided that there are no other overdue claims. The prices quoted do not include statutory value added tax. To compensate us for exceeding the payment terms granted to us, default interest of 2% above the respective discount rate of the European Central Bank shall be charged.
  2. If GSG becomes aware of circumstances that reduce the buyer's creditworthiness, GSG shall be entitled to make outstanding deliveries only against advance payment.

Place of performance and jurisdiction

  1. The place of performance for orders is the registered office of GSG if the net value of the goods is less than €500.
  2. The place of performance within the country is the recipient's location if the net value of the goods is €500 or more.
  3. The place of performance internationally is always the registered office of GSG.
  4. The place of jurisdiction shall be the location of GSG's registered office in all cases.

Retention of title

  1. The goods delivered by us remain our property until all our current claims against the customer and future claims, insofar as they relate to the delivered goods, have been fulfilled.
  2. The customer is entitled to resell the goods owned by us (reserved goods) in the ordinary course of business. However, the customer hereby assigns to us all claims arising from this resale, irrespective of whether the reserved goods are resold without or after processing or whether they are connected with real estate or movable property. If the goods subject to retention of title are resold after processing or together with other goods that do not belong to us, or if they are combined with real estate or movable property, the customer's claim against its customers shall be deemed assigned to us in the amount of the delivery price agreed between the customer and us for the goods subject to retention of title.
  3. The customer shall remain authorised to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this, but we undertake not to do so as long as the customer duly meets his payment obligations. If the customer makes use of the collection authority, we shall be entitled to the collected proceeds in the amount of the delivery price agreed between the customer and us for the goods subject to retention of title.
  4. Processing or transformation of the goods subject to retention of title shall be carried out for us as the manufacturer in accordance with Section 950 of the German Civil Code (BGB) without placing us under any obligation.
  5. If the goods owned by us are processed with other items, we shall acquire co-ownership of the new item in proportion to the market value of our goods to the value of the other processed items at the time of processing. The customer shall store the new item for us free of charge with the care customary in the trade.
  6. We undertake to release the securities to which we are entitled upon request insofar as their value exceeds the claims to be secured, insofar as these have not yet been settled, by more than 20%.
  7. If we accept bills of exchange as a means of payment, our retention of title shall remain in force until it is certain that no further claims can be made against us on these bills of exchange. Bills of exchange received by the customer on the basis of the assigned claim are hereby assigned to us and endorsed. The customer shall keep the endorsed bills of exchange in safe custody for us.

Notices of defects

  1. Complaints must be made in writing, enclosing the packing slip, within 14 days of receipt of the goods.
  2. For recognisable and hidden defects or for the absence of warranted characteristics of our products, warranty shall be provided exclusively in such a way that GSG, at its discretion, shall remedy defects by repair or replacement. Further claims are excluded.

Severability clauses

  1. Should individual provisions of these terms and conditions be wholly or partially invalid, the remaining provisions shall remain fully valid.
  2. GSG's terms and conditions of sale and delivery shall also apply if the customer has communicated its own terms and conditions that differ from those of GSG or if these are printed on the customer's documents, in particular order forms. Any counter-confirmations by the customer with deviating terms and conditions are hereby rejected.