General Terms and Conditions of Business

General Terms and Conditions of Business of
RHOBA-Chemie GmbH

The following terms and conditions apply to all present and future sales, unless other agreements have been expressly made in writing.

Orders or commissions

We shall only issue order confirmations upon special request. Otherwise, the execution of the order shall be deemed to be an order confirmation.

Deliveries
We reserve the right to agree the delivery time for each individual order. The stated delivery times are approximate and non-binding. Claims for damages due to delayed delivery are excluded.

Delivery dates are only legally binding if they have been expressly confirmed by us in writing in advance. Delivery periods and delivery dates shall be deemed to have been complied with if the delivery has left our works or readiness for dispatch has been declared by the expiry of the period. Partial deliveries are permissible in any case; they are deemed to be an independent transaction. All information on size, quantity and weight are to be regarded as approximate; deviations within the scope of what is customary in the trade are permissible. The listed quotations shall apply to our deliveries. If, after conclusion of the contract, justified doubts arise as to the creditworthiness of the buyer, RHOBA-Chemie is entitled to withdraw from the contract, unless we are provided with perfect securities or cash payment is made before execution. After the goods have left our works, the risk of dispatch is transferred to the buyer in all cases, even in the case of carriage paid dispatch. Damage and losses occurring during transport shall be borne by the buyer.

In order to secure claims for compensation in the case of postal, railway, truck or car transport, damage must be certified in writing on the shipping documents by the recipient before acceptance of the consignment by the postal service, railway or transport company. Agreements such as: "free domicile", or "free receiving station" do not mean that the transfer of risk and the transfer of the time of delivery shall only take place upon delivery. If, for reasons for which we are not responsible, less than the ordered goods are accepted, we are entitled to an appropriate price increase. The same shall also apply if delivery is to be made in certain partial deliveries. We shall not be liable for the forwarding agent or for any persons outside our company whose services we make use of in the course of our business, unless we have grossly negligently disregarded the care required in the course of business when selecting and supervising them. All costs associated with the shipment of the goods shall be borne by the buyer.

Prices quoted free of freight charges apply on condition that transport routes are unobstructed.
Additional costs incurred e.g. due to high water, ice etc. shall be borne by the buyer. In the case of delivery abroad, the buyer shall bear all costs and duties associated with the border crossing.

If, after the price has been agreed, freight charges, duties or other shipping costs are changed or newly introduced, we shall be entitled to add corresponding additional charges to the price.
In case of non-acceptance of the ordered goods, we are entitled to claim an amount of at least 15% on the value of these goods for expenses and costs already incurred as well as lost profit.

Orders placed in the Internet shop from outside the EU are usually subject to customs and import duties. These fees are generally to be borne by the customer. Customs is also entitled to open packages for customs inspection. RHOBA-Chemie has no influence on this. If you would like more information on customs clearance and import of goods, please contact your local customs office.

Force majeure
Events of force majeure entitle us either to demand a corresponding extension of the delivery period or to cancel the delivery contract in whole or in part. This shall not give rise to a claim for compensation on the part of the buyer.
Events of force majeure entitle us to postpone the delivery for the duration of the hindrance and a reasonable period of time or to withdraw from the contract because of the part not yet fulfilled.

Strikes, lock-outs and other circumstances which make delivery considerably more difficult or even impossible for us are equivalent to force majeure. This shall apply in particular in the event of the discontinuation of self-supply.

In the event of general shortage of goods or shortage of goods caused by force majeure, we shall be entitled to reduce delivery. In this case, the buyer can demand a declaration from us as to whether we can withdraw from the contract or deliver within a reasonable period of time. If we do not make a declaration, the buyer is entitled to withdraw from the contract. Any advance payments already made by the customer or buyer will be refunded.

Complaints

The suitability of the products for a specific purpose is not guaranteed without our express written confirmation. Any advice or recommendation by us or by our employees shall not constitute a contractual legal relationship, nor shall it constitute any ancillary obligation under the purchase contract. We shall not be liable from such activity, except in the case of gross negligence. Agreements with our employees shall only be valid if they have been expressly confirmed by us in writing. It is the responsibility of the buyer and the user to thoroughly test our products for their suitability for their specific purpose beforehand.

Complaints about the goods can only be made immediately and only as long as a part of the goods is unmixed and still in the original containers. In the event of complaints, a sample of the goods must be sent to us immediately, stating the exact place of delivery, the date of delivery, the delivery note number and the batch number.

In the event of a justified notice of defects, we shall take back the goods and replace them with faultless goods. Instead, we are also entitled to compensate for the reduced value. All other claims, including claims for damages, on whatever legal grounds, are excluded unless gross negligence is proven. Notices of defects or any claims for damages shall become statute-barred at the latest one month after written rejection of the claims by us.

In the case of justified and timely complaints and notices of defects within 8 days of receipt of the goods at the latest, a replacement delivery will be made free of charge against return of the defective goods. Further claims are excluded. Warranty within the customary scope of trade. The right to rescission and reduction is excluded.

Payments

The quotations are in Euro ex our works Bielefeld, plus VAT, including packaging, if no other written agreement has been concluded beforehand. If the postage or freight charges have been paid in advance by the client or buyer, we shall deliver carriage paid within Germany.
The delivered goods remain our property until all payment obligations have been fulfilled. The buyer may not sell, pledge, rent or lend the goods or otherwise dispose of them without our knowledge or commit himself to such a disposal until full payment has been made. He shall be liable for the loss of and all damage to the goods even if he is not at fault.

If the goods are seized, confiscated or otherwise claimed from the buyer by a third party before full payment has been made, the buyer must notify us immediately, send a copy of the seizure report without delay and bear or reimburse any costs arising from this. Despite the retention of title, the buyer shall bear the risk of loss and deterioration of the goods.

Payments shall generally be made in advance unless otherwise agreed in writing in advance. After receipt of payment to the account specified by us, we shall immediately deliver the ordered goods to the delivery address specified by the client or buyer.
All delivered goods remain our property until complete fulfilment of all our claims, irrespective of the legal grounds.

Place of performance and jurisdiction
The place of performance for deliveries and payments is the registered office of our company. The place of jurisdiction for both contractual partners is in any case the registered office of our company.

This also applies to all who are liable for the buyer's obligation. This place of jurisdiction shall also apply in the event that claims are asserted in dunning proceedings and if the buyer moves his place of residence or habitual abode outside the Federal Republic of Germany after conclusion of the contract or if his place of residence or habitual abode is unknown at the time the action is brought.

Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.