General Terms and Conditions

1. general information

1.1 Our General Terms and Conditions of Delivery apply to all contracts. deliveries and other services including consultancy services and information.
1.2 They shall also apply to all future contracts with the customer and to future deliveries and other services to be rendered to the customer.

2.0 Offer, conclusion of contract

2.1 Our offers are non-binding.
2.2 Orders placed with us, amendments and additions to the contract and ancillary agreements must be made in writing. However, the contract is also concluded if we fulfil the written or verbal order.
2.3 All declarations made by our employees and agreements made with them require our written confirmation. This also applies in particular to the specification of quality or durability guarantees.
2.4 Drawings, technical specifications and other performance data are only binding if this is expressly agreed in writing. We reserve the right to make reasonable design changes at any time.

3. pricing, prices

3.1 All prices are quoted in EURO ex works excluding packaging, loading, freight and assembly plus the applicable VAT.
3.2 We charge the prices applicable on the day of delivery or performance.

4. payment

4.1 Only authorised representatives of our company with written collection authorisation are entitled to collect money.
4.2 Agreed payment deadlines shall only be deemed to have been met if the amount to be paid is available to us on the due date.
4.3 If the customer is in default of payment, we shall be entitled to charge interest on arrears at the statutory rate. We reserve the right to claim further damages.
4.4 Complaints do not entitle the customer to exceed the payment deadlines. Offsetting against unrecognised or not legally established counterclaims of the customer is excluded.
4.5 Notwithstanding any provisions of the customer to the contrary, we shall be entitled to set off payments first against any outstanding liabilities from previously concluded contracts, whereby any costs and interest incurred shall be set off first and then against the principal claim.

5. partial deliveries, excess and short deliveries

5.1 We are authorised to make reasonable partial deliveries, which we can invoice immediately. Any quantity discount agreements remain unaffected.
5.2 In the case of customised products, excess or short deliveries of up to 10% are permissible and will be taken into account in the invoice.

6. transfer of risk

6.1 The risk shall pass to the customer as soon as the goods have left our factory or warehouse.
6.2 If dispatch is delayed for reasons for which the customer is responsible, the risk shall pass to the customer upon receipt of the notification of readiness for dispatch.

7. delivery period

7.1 Delivery periods shall be extended appropriately in the event of unforeseeable obstacles that are beyond our control, such as strikes, lockouts, operational disruptions. Delays in the delivery of primary materials, irrespective of whether these obstacles occur at our premises or those of our suppliers. We shall not be responsible for such circumstances even if we are already in default.

8. reservation of title

8.1 The items delivered by us shall remain our property until all our current claims against the customer, as well as future claims, insofar as they are related to the delivered items, have been fulfilled.
8.2 The customer is entitled to resell the delivery items (goods subject to retention of title) owned by us in the ordinary course of business. However, he hereby assigns to us all claims arising from this sale, irrespective of whether the reserved goods are resold before or after processing or whether or not they are combined with real estate or movable property. If the reserved goods 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 his customers shall be deemed assigned to us in the amount of the delivery prices agreed between the customer and us for the reserved goods.
8.3 The customer is authorised to collect these claims even after the assignment to us. Our authorisation to collect the claim ourselves remains unaffected by this, but we undertake not to do so as long as the customer duly fulfils his payment obligations. If the customer makes use of the authorisation to collect, we shall be entitled to the collected proceeds in the amount of the delivery price agreed between the customer and us for the reserved goods.
8.4 We undertake to release the securities to which we are entitled on request to the extent that their value exceeds the value of the securities to be secured. receivables, insofar as these have not yet been settled, by more than 20%.
8.5 If we accept bills of exchange as a means of payment, our retention of title shall continue to exist until it is established that we can no longer be held liable under this bill of exchange.

9 Complaints

9.1 Obvious defects must be notified in writing and in detail within 8 days of receipt of the goods. This also applies to incorrect deliveries and excess or short deliveries. Other defects must be reported immediately. Violations of the obligation to give notice of defects shall result in the loss of the customer’s claims for defects.
9.2 In the event of a complaint, the customer must send the goods to our address without prior intervention.

10. liability for defects

10.1 In the event of justified complaints, we shall, at our discretion, repair or replace the goods. If the repair or replacement delivery fails or if a reasonable grace period set for us for subsequent fulfilment expires unused, the customer shall be entitled to reduce the remuneration or withdraw from the contract.
10.2 After the expiry of 12 months from the transfer of risk, all claims for defects are excluded.
10.3 The statutory provisions on the sale of consumer goods remain unaffected.

11. compensation for damages

11.1 We shall be liable in accordance with the statutory provisions for damages based on a guarantee declared by us.
11.2 We shall also be liable for damages resulting from injury to life, limb or health, unless we are not responsible for the breach of duty, and for damages resulting from a breach of duty. We shall not be liable for any breach of duty by us, unless we have committed the breach of duty neither wilfully nor through gross negligence. Our liability under the Product Liability Act remains unaffected insofar as it is mandatory.
11.3 Otherwise, we shall not be liable for damages for defects or other breaches of duty. Exceptions to this are damages that are attributable to a culpable breach of material contractual obligations; in this case, our liability is limited to the damage that we foresaw as a possible consequence of the breach of obligation when the contract was concluded or should have foreseen, taking into account the circumstances that we knew or should have known.
11.4 Our liability for defects or other breaches of duty in accordance with paragraph 11.3 above is additionally limited in the case of damage to property to the sum insured under the liability insurance policy maintained by us, a confirmation of which can be provided by the insurer at the request of the customer. In the case of financial losses, our liability in accordance with paragraph 11.3 above shall be limited to the loss of profit from the use of the specific delivery.
11.5 A breach of duty by our legal representatives or our vicarious agents shall be deemed equivalent to a breach of duty by us. 11.6 Any existing statutory rights of cancellation shall not be restricted by the above provisions.

12 Place of fulfilment, place of jurisdiction, applicable law

12.1 The place of fulfilment for our delivery is the registered office of our company in 49479 Ibbenbueren.
12.2 The place of jurisdiction is Steinfurt. However, we shall also be entitled to take legal action against the customer at the place of his registered office.
12.3 Differences of opinion arising from this contract and related agreements and legal acts shall be judged exclusively in accordance with German law. With reference to the Federal Data Protection Act, we would like to point out that the data collected in connection with the business relationship will be stored.

Cube Energy GmbH
Burgundenstr. 27
49479 Ibbenbueren