General terms and conditions

General Terms and Conditions (GTC)
of Römer Fördertechnik GmbH – hereinafter referred to as RFT

Römer Fördertechnik GmbH
General terms and conditions

Please note the differing terms and conditions for companies and consumers

Our general terms and conditions shall become binding upon despatch of your order. We specifically reject any variant terms and conditions of purchase imposed by the customer.

Our terms and conditions of sale apply exclusively to commercial customers.

 1. Contract partners

RÖMER Fördertechnik GmbH
Nielandstr. 53
58300 Wetter/Ruhr

2. Prices and terms and conditions for payment
Unless specified elsewhere in the product description or current price list, prices shall be in EURO, ex works, not including postage and packaging.
Postage costs are listed separately in the price list. VAT as required by law is not included in the prices; the net price is listed in each case. VAT will be indicated separately on the invoice on the day of invoicing.
We reserve the right to change our prices if our calculation base alters due to changes in materials prices or as a result of tariff agreements. We will provide proof of any such costs alterations to customers upon request.

3. Reservation of title, guarantee, offsetting
The goods shall remain the property of RÖMER Fördertechnik GmbH until final payment has been completed.
A guarantee of twelve months for new products and of six months for used products is offered to companies. For replacement parts we offer only a parts guarantee. Inappropriate use of replacement parts shall not make us liable to provide a guarantee. The customer shall be entitled to offsetting if his counterclaims have been acknowledged by us or declared legally binding by a court.

4. Delivery period
Delivery by the agreed date is dependent on the customer’s fulfillment of his obligations. Specially required technical data must be received by us in a timely manner and before production begins. The customer shall be liable for any delays in delivery arising from delayed provision of data. We reserve the right to make a claim on the grounds of non-performance of the contract.

5. Liability
Our liability for claims for damages arising from contractual, quasi-contractual reasons, actions in tort or any other legal grounds is excluded except in the case of loss of life, limb or health, where such damages arise from deliberate or grossly negligent behaviour on the part of RÖMER Fördertechnik GmbH or its staff or where a breach of an obligation essential to fulfillment of the intent of the contract is concerned. Mandatory claims for liability in law, such as the product liabiltiy law (Produkthaftungsgesetz), shall in addition remain unaffected by this.
No liability is accepted for incorrect use or installation on the part of the client.

6. Applicable law and place of jurisdiction
German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For companies, the registered address of the seller is agreed as the place of jurisdiction.

7. Image rights
RÖMER Fördertechnik GmbH and/or its partners reserve all image rights. Use without express permission is not permitted.

8. Data protection clause
Customer data is collected by us only in the course of performance of the contract and in compliance with legal requirements, in particular the German Telemedia Act (Telemediengesetz, TMG) and Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG). Customer’s personal and usage data are only collected where this is necessary for the performance of the terms of the contract.
We shall not use customer data for advertising, marketing or market research purposes without the customer’s permission.

9. Severability clause
If any individual provisions of these general terms and conditions prove unenforceable, this shall not effect the validity of the other provisions.

Created and checked by Rechtsanwälte Straeter & Kollegen, Attorneys at Law, Münster