These General Terms and Conditions apply to all present and future contracts, deliveries and other services.
Deviating conditions of the buyer, which are not expressly recognized by us, have no validity, even if these are not expressly contradicted. The listed terms and conditions are considered accepted by the buyer, if he does not contradict in writing at the latest before receipt of the delivery or invoice.
Financial statements and agreements
Our offers are subject to change without notice, unless they are specified as binding or fixed. A purchase contract is only concluded through our written order confirmation. Agreements, in particular verbal collateral agreements and assurances shall only become binding upon our written confirmation.
A minimum order value of net EUR 300.00 shall apply! For orders under EUR 300.00 net, we charge a mini-order surcharge of EUR 35.00.
Samples shall be delivered against cash invoice unless a free trial delivery has been expressly agreed.
Call orders shall be expressly marked as such. They must be called up by the buyer within a period of 6 months calculated from the date of issue of the order confirmation. After expiry of this period, any remaining quantities not yet called will be invoiced to the purchaser.
The type and scope of our deliveries are based on the written information in the order and order confirmation, unless the purchaser objects to the contents in writing at the latest on the 6th day after the date of the order confirmation.
Technical specifications and plans
The documents contained in our printed matter, such as measurements and weights, illustrations and descriptions are only approximate. They are descriptions and characteristics and no assured characteristics.
An obligation to the notification about occurred changes does not exist. For illustrations, drawings, sketches and other documents, we reserve ownership rights and copyrights; they may not be made accessible to others without our approval and must be returned immediately upon request.
The buyer assumes full liability for the documents to be supplied by him, such as drawings, gauges, samples or the like. Verbal information about dimensions and the like require written confirmation.
Retention of title and right of ownership
The delivered goods shall remain our property until complete payment of all claims, including claims arising in the future, in the event of bills of exchange or cheques being presented for redemption. The inclusion of claims in a current account and the recognition of a balance shall not affect the retention of title.
The Buyer shall be entitled to dispose of the delivered goods within the framework of proper business management, in particular to process and/or sell them This entitlement expires if the buyer defaults on his payment obligations to the seller. Extraordinary dispositions such as pledges or transfers by way of security are only permissible with our consent. The purchaser must inform us immediately of any access by third parties to the goods subject to retention of title.
By processing the goods subject to retention of title, the purchaser does not acquire ownership of the new item in accordance with § 950 BGB (German Civil Code). If the reserved goods are processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the invoice value of our delivery to the other processed objects.
Payment terms
Our invoices are payable after 10 days with 2% discount or within 30 days net from invoice date, unless otherwise agreed, which must be expressly confirmed by us in writing.
Invoices are to be paid free of postage and charges.
Discount will only be granted if all overdue payment obligations from earlier deliveries have been fulfilled and the invoice amount is available to us in cash or credited to our account punctually by the aforementioned due dates. The entry of a bill of exchange cannot therefore lead to the granting of a cash discount. In the case of cashless payment, in particular in the case of cheques, the point in time at which the amount is credited shall always be decisive. The risk of receipt of payment is borne by the buyer.
Invoices with a value of EUR 25,– and less are always payable net immediately.
All claims against the buyer are due immediately if he defaults on a claim or if circumstances become known to us which, according to our dutiful commercial discretion, are suitable to reduce the creditworthiness of the buyer. We are also entitled to make outstanding deliveries only against advance payments or cash payments.
We are also entitled to make our delivery dependent on prior payment as well as to revoke credit commitments and credit granting at any time and to demand security for the existing claims.
If the payment date is exceeded, we are entitled to charge default interest of 5% above the base interest rate for legal transactions involving a consumer (according to §288 BGB (1)) and for legal transactions with merchants (according to §288 BGB (2)) from the due date. interest on arrears in the amount of 9% above the base rate. However, at least the debit interest normally charged to the seller by his house bank. The basic interest rate is set by the European Central Bank!
Delivery times and dates
The delivery times stated in the order confirmation are not binding unless a binding delivery period has been expressly agreed in writing. If the non-binding delivery period is exceeded by more than four weeks, the customer is entitled to set us a grace period of at least four weeks for performance; after expiry of the grace period, the customer is entitled to withdraw from the contract and/or claim damages for non-performance at his discretion. The right to damages due to non-fulfilment exists only insofar as we are responsible for the delay in delivery due to intent or gross negligence. In the event of circumstances beyond our control which lead to a delay in performance (strike, lockout, riot, considerable disruption of operations as well as force majeure), the delivery period shall be extended by the duration of the delay in performance for which we are not responsible. The delivery is always subject to self-delivery; if delivery cannot take place within the agreed delivery period due to circumstances for which we are not responsible, we will inform the customer of the delay in good time. In this case, the customer is not entitled to withdraw from the contract. If the buyer is in arrears with the acceptance of the goods ready for dispatch for more than 10 working days from the invoice date, we are entitled to effect and invoice dispatch after setting a grace period of 10 working days.
Warranty claims
The warranty claims expire 1 year after the complete delivery. The buyer is obliged to carefully inspect the delivered goods immediately after receipt and to give written notice of visible defects within 8 days after receipt of the goods at the latest. If the delivered goods are rightly objected to, the seller is obliged to repair or replace them at his discretion. Non-recognisable defects must be notified in writing within 8 days of discovery, but at the latest within 6 months of delivery. If the goods lack a warranted quality at the time of delivery, the buyer is entitled to cancel the purchase contract or to a reduction; the right to compensation for non-performance is excluded, unless the lack of the warranted quality is due to intent or gross negligence. If the delivered goods are rightfully complained about, the seller is obliged, at his discretion, to repair or replace the goods. The return of the object complained of requires prior agreement. If the repair or replacement is not carried out within a reasonable period or if the newly delivered goods are also defective, the buyer has the right to demand a reduction in the purchase price or cancellation of the contract. We are not liable for damage resulting from improper use or application of the delivered goods.
Prices and delivery conditions
Our prices are calculated in EUR and apply ex works, excluding packaging, plus the applicable value added tax and any special taxes or public charges to be paid for the delivery. Deviating conditions require our written confirmation. If there is a period of more than 6 months between the date of the order confirmation and the delivery, the list price at the time of delivery shall apply in deviation from the agreed price. The prices shall apply to the service and scope of delivery listed in our order confirmation. Dispatch and packaging costs as well as possible costs for transport and insurance shall be charged by us at cost price. The boxes and crates used as packaging shall be credited to 2/3 of the invoiced value in perfect condition upon return of the goods carriage paid. Carton packaging will not be taken back.
Disposal and transfer of risk
With the handing over of the goods to the forwarding agent or carrier, at the latest, however, upon leaving the delivery plant, the risk regarding the subject matter of the contract passes to the buyer. This also applies to freight-free delivery. Transport means and routes are at our discretion in the absence of special instructions, excluding any liability. The place of performance for both parts is Hückeswagen. However, we can also sue the buyer at his place of jurisdiction.
partial ineffectiveness
In the event of the invalidity of individual terms of contract, delivery and payment, the remaining provisions shall remain fully effective. Ineffective provisions shall be replaced by such effective terms that are still to be jointly agreed upon, which come as close as possible to their economic purpose in a legally permissible manner. In all other respects, the provisions of the German Civil Code (BGB) and the German Commercial Code (HGB) shall apply. Here the previously valid general terms and conditions lose their validity.
Friedrich August Picard GmbH & Co. KG
42499 Hückeswagen
January 2023
According to § 26 Abs. 1BDSG we would like to point out that we store data of our business partners within the framework of normal business transactions.