Terms and Conditions (T&C)

Scope For all contracts of Salzgitter Kesselservice GmbH (limited liability company) with companies and consumers (contractual partners) in the course of trade in goods and services, including future contracts, the following conditions apply exclusively, unless divergent special conditions are agreed upon. The invalidity of individual conditions does not affect the validity of the remaining conditions. The same applies if individual conditions do not become part of the contract. Changes to these terms and conditions will be communicated to the contractual partner in writing. The contractual partner must send the objection to Salzgitter Kesselservice GmbH within 14 days after notification of the change.
Conclusion of Contract Our offers are non-binding. A contract is concluded with a written or verbal order and subsequent order confirmation. Supplementary agreements and modifications require written confirmation. In the case of order confirmations from Salzgitter Kesselservice GmbH to the contractual partner, the content thereof is binding unless the recipient objects within 2 days.
Price Determination Unless otherwise agreed, Salzgitter Kesselservice GmbH is authorized to determine the price at its reasonable discretion.
Payment Unless otherwise agreed, payment for deliveries and services of Salzgitter Kesselservice GmbH must be made without deduction immediately upon receipt of the invoice. If delivery or service is made on credit, the payment deadline is calculated from the date of delivery or service. Payment by bill of exchange or check is expressly not permitted. Discount charges and collection fees are borne by the buyer and are immediately due. The contractual partner of Salzgitter Kesselservice GmbH can only set off such counterclaims that are not disputed by Salzgitter Kesselservice GmbH or are legally established. The contractual partner of Salzgitter Kesselservice GmbH cannot exercise a right of retention based on a different legal relationship.
Current Account All mutual claims arising from the business relationship may be recorded in a current account, subject to separate agreement, to which the provisions of §§ 355ff. HGB apply. The account statements of Salzgitter Kesselservice GmbH as of December 31 of each year are considered invoices. The balance is deemed acknowledged if the account holder does not raise objections within six weeks of receiving the statement. Legal claims remain unaffected.
Place of Performance/Jurisdiction The business premises of Salzgitter Kesselservice GmbH are the place of performance for both parties if the customer is a merchant, or if it is a legal entity under public law, or a public-law special fund, or if its place of residence is outside the Federal Republic of Germany. The law applicable at the place of performance is decisive for all legal relationships between the customer, who is an entrepreneur, and Salzgitter Kesselservice GmbH, even if the legal dispute is conducted abroad. If the customer is a merchant or if it is a legal entity under public law or a public special fund, Salzgitter Kesselservice GmbH can file suit at the place of performance and can only be sued at this place of jurisdiction. The general place of jurisdiction of the applicant (Salzgitter Kesselservice GmbH) is exclusively responsible for the dunning procedure. Additional regulations apply to deliveries by Salzgitter Kesselservice GmbH under numbers 9 to 14.
Liability Claims for damages by the contractual partner, regardless of the legal basis, especially due to breaches of duties arising from the contractual relationship and from tort, are excluded. This does not apply in cases of mandatory statutory liability, especially in cases of gross negligence in violation of life, body, or health, due to assuming a guarantee, or for the presence of a quality according to the Product Liability Act. A change in the burden of proof to the detriment of the contractual partner is not associated with the above regulations.
Warranty Claims Salzgitter Kesselservice GmbH is liable for warranty claims, except in cases of §§ 438 para. 1 No. 2 and 634a para. 1 No. 2 BGB, for one year. For consumers, this period only applies to used, movable goods. Liability for warranty claims for used goods is excluded for companies. Salzgitter Kesselservice GmbH is only liable to companies for public statements, especially advertising, that it uses for its own purposes or that are expressly included in the contract.
Delivery Salzgitter Kesselservice GmbH is authorized to make partial deliveries. If delivery on call is agreed, the contractual partner must call off within a reasonable period. If delivery is made impossible or excessively difficult due to force majeure, official measures, plant shutdowns, strikes, extreme weather conditions, or similar circumstances – even at suppliers of Salzgitter Kesselservice GmbH – Salzgitter Kesselservice GmbH is released from the obligation to deliver for the duration of the hindrance and its aftermath. Salzgitter Kesselservice GmbH will promptly inform the contractual partner of the occurrence of such events. These events entitle Salzgitter Kesselservice GmbH to withdraw from the contract. In the event of non-delivery or insufficient delivery by upstream suppliers of Salzgitter Kesselservice GmbH, Salzgitter Kesselservice GmbH is released from its delivery obligations in whole or in part. This applies only if Salzgitter Kesselservice GmbH has taken the necessary precautions to procure the goods to be delivered by it. In this case, it undertakes to assign its claims against suppliers to the contractual partner upon request. Transport cost increases, tariff changes, etc. can be added to the purchase price by Salzgitter Kesselservice GmbH if delivery takes place more than 4 months after conclusion of the contract. In the case of shipment to entrepreneurs, the risk passes to the buyer as soon as the goods are handed over to the carrier or loaded onto vehicles; this also applies to free deliveries. Dates and deadlines are non-binding unless expressly agreed otherwise in writing. Insurance is only provided upon request and at the expense of the customer.
Packaging The goods are packaged in a commercially customary manner at the expense of the company. Rental packaging must be emptied promptly by the contractual partner and returned in perfect condition – freight paid by the entrepreneur. If the delivered goods are packaged, the buyer is obliged to immediately inspect the goods for transport damage upon receipt.
Complaints Complaints about obviously defective or obviously deviating quality of the goods or about delivery of obviously different goods than those ordered can only be made by the entrepreneur immediately, but at the latest within 5 working days of receipt of the goods. In the case of consumable goods, complaints of defects entitle the entrepreneur only to a reduction. For goods other than consumable goods, complaints of defects entitle the entrepreneur only to demand rectification; if this cannot be achieved within a reasonable time or is impossible due to the nature of the goods, the entrepreneur has the right to choose between a right to rescind or a right to reduce. The provisions of § 478 BGB remain unaffected. The entrepreneur must immediately check the goods for defects upon receipt, e.g. quantity, quality, and condition, and is obliged to note obvious defects on the receipt. Otherwise, § 377 HGB applies in relation to entrepreneurs. Damage during transport does not entitle Salzgitter Kesselservice GmbH to refuse acceptance.
Default of Performance The purchase price becomes due immediately if the contractual partner definitively refuses to pay the purchase price. The same legal consequence occurs if the contractual partner is in default with an amount exceeding one installment in the case of agreed installment payments and if the overdue amount amounts to at least 10% of the total purchase price. In the event of definitive refusal to pay the purchase price, Salzgitter Kesselservice GmbH can also refuse performance of the purchase contract without setting a deadline and demand reimbursement of all costs, expenses, and compensation for depreciation. In the event of the contractual partner’s default of acceptance, Salzgitter Kesselservice GmbH can store the goods at the expense and risk of the contractual partner at its own premises or those of a third party or dispose of them in an appropriate manner at the expense of the contractual partner without requiring prior notice. Salzgitter Kesselservice GmbH can demand immediate payment of all claims and make deliveries dependent on advance payments or provision of security if a significant deterioration in the financial or income situation of the contractual partner does not oppose this request. If the contractual partner does not comply with the demand in due time, Salzgitter Kesselservice GmbH is entitled to withdraw from the contract; the contractual partner is not entitled to any claims for damages.
Retention of Title Salzgitter Kesselservice GmbH reserves ownership of the goods until all claims against the contractual partner have been fulfilled, even if the specific goods have already been paid for. The contractual partner must immediately inform Salzgitter Kesselservice GmbH, handing over the documents necessary for intervention, of enforcement measures by third parties against the reserved goods; this also applies to impairments of another kind. Regardless, the contractual partner must inform third parties in advance of the rights existing on the goods. Upon prior request of the contractual partner, Salzgitter Kesselservice GmbH can grant approval for the elimination of this duty to notify. The costs of an intervention by Salzgitter Kesselservice GmbH are borne by the contractual partner if the third party is unable to reimburse them. In advance of fulfillment of all claims of Salzgitter Kesselservice GmbH arising from the transactions mentioned with the contractual partner, the contractual partner hereby assigns to Salzgitter Kesselservice GmbH the claims arising against his customers for the resale/rental of the reserved goods. If the reserved goods are processed: If the value of the security exceeds the claims of Salzgitter Kesselservice GmbH against the contractual partner by more than 20%, Salzgitter Kesselservice GmbH must release the security to the corresponding extent. Salzgitter Kesselservice GmbH is entitled to withdraw from the contract if the contractual partner defaults on payment. The contractual partner must insure the goods belonging to Salzgitter Kesselservice GmbH and assign the insurance claims to it. Salzgitter Kesselservice GmbH is also entitled to pay the insurance premiums at the expense of the contractual partner. The contractual partner’s consent to these terms and conditions is given upon acceptance of deliveries or transfer of goods. The selling contractual partner expressly refers to the attached delivery documents as the basis of the resulting purchase contract.
Limitation of Claims Claims of Salzgitter Kesselservice GmbH for payment expire, deviating from § 195 BGB, in two years. Regarding the beginning of the limitation period, § 199 BGB applies. In addition, it is possible to inquire about the currently valid delivery and payment conditions directly at the business premises of Salzgitter Kesselservice GmbH.

General Terms and Conditions of Salzgitter Kesselservice GmbH Seesener Straße 9, 38239 Salzgitter Phone: 05341-836812 Fax: 05341-836813