General Terms & Conditions

November 2015

1. General
Our General Terms and Conditions apply to all present and future business transactions between us and the buyer, even if we do not disagree to deviating purchasing conditions or confirmations to the contrary which we hereby expressly reject. They are deemed to be accepted when the order is placed, but no later than when the goods are accepted by the buyer or his agents. Any variations to these terms require our written confirmation for each individual contract.We store personal data for the reasons of contractual or pre-contractual relationships.
The buyer shall not be entitled to any usage rights for industrial copyrights belonging to Kiesel through a purchase agreement or purchase agreements Copyrighted material can only be used with written approval from Kiesel, provided that exhaustion has not occurred. The direct or indirect use of copyrighted material (e.g., product photography), which has been downloaded or photographed from our website or edited using technical equipment, is prohibited.

2. Prices and Offers
Our offers are non-binding in terms of price, quantity, delivery periods and availability and are therefore not offers in the legal sense. The contract is concluded upon the acceptance of the order by the customer. Acceptance can also be implicitly concluded, in particular by executing the order. Any refusal of the order on our part will be sent in writing by post immediately but at the latest within 5 working days after receipt of the order.Our stated prices are always strictly net, i.e. without VAT.Unless otherwise agreed in writing, our sales prices are those applicable on the date of delivery.

3. Delivery and Shipping
Unless otherwise agreed, shipping is at the expense and risk of the buyer. If carriage paid prices are agreed, the buyer shall bear the costs for express freight and express delivery. Force majeure events, such as strikes, lockouts, shortages of raw materials and energy and the like, release us from our delivery obligation for the duration of such disturbances. Such events shall also entitle us to withdraw from the contract entirely or in part, without the buyer being entitled to compensation.
Risk transfers to the customer upon dispatch of the goods ex works or ex warehouse. Unless otherwise agreed, goods are dispatched at our discretion without guarantee of the cheapest and fastest method.
The agreement of delivery dates and periods do not amount to fixed-date purchases in the legal sense, unless they are expressly stated as such.

4. Containers, Pallets
Containers that are not separately invoiced are non-returnable. A return period of 30 days applies to returnable packaging. Packaging must be returned to us in a perfect and reusable condition. Upon expiry of the deadline they will be charged to the buyer either at replacement cost or rental rates. Such invoices are payable immediately on receipt without deduction. Pallets must be returned in exchange on delivery. If the pallets are not exchanged, we shall be entitled to immediately charge for them on delivery at cost price. If the pallets are subsequently returned a credit note will be issued.

5. Payment Terms
Unless specifically agreed otherwise, 100% payment in advance is required. If payment terms are specifically granted, the buyer shall be in default if he fails to pay until the due date. From this date we shall charge the statutory default interest; we reserve the right to assert a higher claim for damages.
Bills of exchange and cheques are only accepted on a conditional basis. If a payment or bill of exchange or cheque is subject to protest, all of our claims against the buyer shall immediately become due. We are entitled to recall other bills of exchange or cheques in circulation and to demand their immediate payment in cash. The same applies if our customer does not pay immediately in cash a protested third party bill of exchange lodged with us. In the event of the debtor defaulting we shall be entitled to withdraw from uncompleted orders or to demand payment in advance. The same applies if circumstances become known to us after conclusion of contract that cause doubt on the buyer's creditworthiness.The buyer cannot derive any claims from a different performance of the above provisions in individual cases.

6. Rentention of Title
We retain title of ownership of the delivered goods until the payment in full of all our claims arising out of the business relationship, even if the goods have already been sold to a third party. The buyer has the revocable right to sell or process goods subject to retention of title. Claims on the part of the buyer against third parties resulting from the resale or application of the goods shall, from the moment they arise, be deemed as being assigned to us as security for all of our claims arising from this business relationship.The buyer shall not be permitted to pledge the reserved good or transfer its ownership as collateral.