Go to homepage
Zum Shop

GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY

I. GENERAL – SCOPE OF APPLICATION

  1. The following terms and conditions (AGB) apply to the sale and delivery of new goods by PAUL WOLFF GmbH.
  2. Our terms and conditions apply to all customers. If the customer is a consumer, the provisions of these terms and conditions marked by underlining do not apply to him. A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.
  3. Deviating, conflicting, or supplementary general terms and conditions of the customer shall not become part of the contract, even if we are aware of them, unless their validity is expressly agreed.

II. OFFER AND CONTRACT CONCLUSION

  1. If we make an offer to a customer, it is valid for a period of 14 days from the date of the offer, unless the offer contains a different validity period. In addition, our offers can be revoked by us at any time.
  2. The presentation and promotion of our products as well as information on the construction of the same on our website, in the online shop, in sales brochures or in any other way do not constitute an offer to conclude a purchase contract, but an invitation to the customer to submit an offer. The customer's offer is made either by following the steps explained in the input menu of the website and finally clicking the "order with obligation to pay" button or by sending an offer from the customer to us.
  3. Construction and other proposals, designs, drawings, and tools supplied by us remain our property and may not be made accessible to third parties, even in part, without our consent, as well as other documents that we have provided.
  4. The customer's order is a binding offer. We are entitled to accept the contract offer contained in the order within two weeks after receipt by us. Acceptance is communicated to the customer by us through written order confirmation; in the case of orders via our website, acceptance is communicated to the customer by email.
  5. If the goods are ordered by the customer electronically, we will confirm receipt of the order immediately. However, the confirmation of receipt does not constitute a binding acceptance of the order. However, the confirmation of receipt can be combined by us with the declaration of acceptance.
  6. The customer's right, if applicable, to revoke the contract remains unaffected by the above provisions.

III. PRICE AND PAYMENT (RENUMERATION)

  1. The prices offered or displayed on our website are binding and are subject to any applicable delivery charges. All prices quoted are exclusive of any applicable value-added tax..
  2. We are entitled to make the delivery of the goods dependent on an advance payment of up to 50% of the total order amount. If the customer does not make the advance payment even after setting a reasonable deadline, we are entitled to withdraw from the contract and claim damages. The damages amount to 20% of the net purchase price without prejudice to the possibility of proving and asserting a higher actual damage. The customer reserves the right to prove lower damages.
  3. The customer undertakes to pay the price within thirty days of receiving the goods, unless otherwise agreed. After this period has expired, the customer is in default of payment; the customer then owes default interest and possibly a lump sum for damages according to the legal regulations (§ 288 BGB). We reserve the right to prove and claim higher damages for default.
  4. The right to set-off is only available if the counterclaims are undisputed, legally established, or acknowledged by us. A right of retention can only be exercised under the same conditions and additionally only if the counterclaim is based on the same contractual relationship.

IV. DELIVERY CONDITIONS AND DEADLINES

  1. Unless otherwise agreed, EXW (INCOTERMS 2020) shall be agreed as the delivery terms. The place of delivery is Mönchengladbach, unless otherwise agreed.
  2. If no delivery deadlines are agreed, we are obliged to deliver the goods within 60 days after the conclusion of the contract.
  3. The dates and deadlines specified by us are not fixed dates unless otherwise expressly agreed.
  4. We are not responsible for delivery delays due to force majeure (e.g., traffic disruptions including those in international trade, especially imports, operational disruptions, strikes, lockouts, or official orders not attributable to us, even if they occur at upstream suppliers). They entitle us to postpone the delivery for the duration of the hindrance or to withdraw from the contract in whole or in part due to the unfulfilled part if the hindrance lasts for more than two months.
  5. Compliance with the delivery deadline is subject to the correct and timely self-delivery by our suppliers. This only applies if the non-delivery is not our responsibility, especially when a congruent covering transaction has been concluded with our supplier. The customer will be promptly informed of the unavailability of the service. The consideration will be refunded immediately.
  6. Unless a different delivery date has been agreed, the customer must accept the ordered goods within 90 days after the conclusion of the purchase contract. If the customer is in default of acceptance or violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred by us, including any additional expenses. In this case, the risk of loss and price, especially the risk of accidental loss or deterioration of the goods, passes to the customer. Further contractual or legal claims remain reserved.
  7. If the customer does not accept the ordered goods by the end of the delivery period, we are entitled to invoice the customer for storage and financing costs from the second week after the end of the delivery period. These are calculated as a lump sum based on the agreed net purchase price for the goods not accepted and amount to 1% of the remuneration for each commenced week, but no more than 5% of the respective remuneration. The storage and financing costs correspond to the liquidity and space requirements for our goods, which regularly arise due to later payment and longer storage.

V. DELIVERY

Helpful tips for delivery and installation can be found here.

If we agree with the customer to carry out an installation, we will unload and install the goods at the agreed installation location with the customer. However, the installation service does not include any groundwork or the creation of leveling layers.

V.1 GENERAL REQUIREMENTS FOR DELIVERY AND INSTALLATION

  1. The truck or motor vehicle used for the delivery and installation of our systems can reach a permissible total weight of 40 tons with a trailer. Unsecured access roads such as sidewalks or pavements cannot be used; installation at the desired installation location may not be possible in these cases. The customer must inform us immediately of any concerns in this regard.
  2. The delivery and installation of our systems require sufficient parking space so that the truck does not obstruct traffic during unloading. The truck with crane requires a space of 12 m in length and up to 6 m in width to maneuver and extend the crane supports. At their own expense, the customer must ensure that the required space at the delivery location or installation location is available at the time of the agreed delivery. Unless otherwise agreed, the customer must set up a no-parking zone for the delivery date to ensure unimpeded delivery or installation.
  3. For a delivery to a storage location, a standing area must be ensured that supports the side walls, in particular. Euro pallets (EPAL) for a 2- or 3-door cabinet are insufficient.
  4. The customer is supported by our order center in the planning of delivery or installation. This can be reached during our business hours by phone at +49 2161 930 500 and by email at auftragszentrum@paul-wolff.com.
  5. To ensure a smooth delivery or installation process, the customer must provide the following information when placing an order:
    • the contact details of the person responsible for accepting goods and, if necessary, installation: full name, telephone number, or email address
    • the exact delivery address with house number
  6. If the customer wishes delivery or installation at a third party's location (especially in the case of so-called drop shipments), by naming the person responsible for goods acceptance, the customer authorizes this person on behalf of the customer to coordinate the place and time of delivery with us and to accept the delivery. This authorization can be revoked at any time. § 170 BGB remains unaffected.

V.2 SELECTION AND ACCESSIBILITY OF THE INSTALLATION SITE

  1. The installation site for the systems sold by us is determined by the customer. The customer must take into account the weight and dimensions of the systems stated in the offer. If the customer is unsure whether our systems can be installed at the planned installation site, he must coordinate this with us before submitting his declaration of intent to conclude the contract.
  2. The installation site must be accessible by a truck with crane on paved access roads and with sufficient clearance height. The installation site should be accessible on all sides, i.e., without fences and walls obstructing access. A clearance height of 6 m is required to maneuver the crane.
  3. Our systems can be unloaded and installed on the ground in the loading area of the crane, i.e., within a radius of 10 m to 12 m from the crane's pivot point, on the installation surface determined and prepared by the client.

V.3 PREPARATION AND DIMENSIONING OF THE INSTALLATION SURFACE

  1. The installation surface for the respective system must be prepared by the customer at their own cost and risk. In doing so, the customer must take into account the dimensions and weight specifications stated in our order confirmation.
  2. The customer must ensure that the installation area is completed before the agreed delivery date. In planning, the customer must also take into account any curing times.
  3. The installation area must be level and even and may have a maximum slope of 0.5%. It must be at least the size of the footprint of the system specified in our order confirmation. The area must consist of a full-surface and load-bearing base in the form of a concrete foundation, paving, or similar. Installation on curbstones, fill material (gravel, sand), or point foundations is not permitted.
  4. Furthermore, it must be ensured that the system has a clearance of 10 mm to other objects on all sides. This distance also applies to other PAUL WOLFF® systems. In order to enable the containers or trash cans to be removed easily, further space requirements must be met:
    • Container boxes (models 800 and 1100):
      To ensure that the system can be operated comfortably by one person, it must be ensured that there is enough space. If the doors of the system can be opened to the stop (180°), a distance of 1.8 m is required to the front. If the doors can only be opened halfway (90°), a distance of 2.6 m is required to the front.
    • Trash can cabinets (models 121, 122, 123 and 241, 242, 243):
      A minimum distance of 1.6 m to the front is required for easy removal of the trash cans.

V.4 OPTIONAL SERVICES

If the installation area chosen by the customer is outside the radius of our crane, we offer the customer installation using a pallet truck under the following conditions:

  1. The transport routes must be paved so that they can be driven on by a pallet truck with steel wheels and hard rubber tires, e.g., with asphalt, slabs, or paving without large joints. Paths with stairs, levels, gutters, or grids cannot be driven on.
  2. The access routes may have a maximum slope of 2% and must have a width of the product to be transported + 20 cm. Transport through corridors and passages must be requested separately.
  3. The provision of an assistant, provided by the client, must be ensured free of charge.

V.5 CHARGEABLE ADDITIONAL EXPENSES

a. LONGER INSTALLATION TIMES

To avoid unnecessary costs, we endeavor to minimize the installation times for our systems to the necessary minimum. In our calculation, we assume a maximum installation time per system of 30 minutes. If the installation times per system are extended due to circumstances attributable to the customer, we will charge our corresponding waiting times or additional expenses for the period exceeding 30 minutes per system at a rate of €38/15 minutes (gross).

b. EXTENDED INSTALLATION TIMES

If our systems cannot be installed at the agreed installation date for a reason not attributable to us (without damaging the systems or the installation site), we will, in consultation with the customer, either unload the systems at the site (and the customer will take over the installation at their own expense) or store the systems in one of our warehouses for installation at a later delivery date. If the systems could not be installed due to a reason attributable to the customer, the storage will be at the customer's expense. We will charge for storage at a rate of €90 (gross) per commenced day and system; the subsequent removal from storage will be charged at €150 (gross) per system.

VI. PASSING OF RISK AND INSURANCE

  1. The risk of accidental loss and deterioration of the goods passes to the customer upon delivery, in the case of a sales contract involving shipment, upon delivery of the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment.
  2. The choice of shipping method is at our discretion; if we contractually undertake the transport to the customer, we are entitled to determine the shipping company or transport company, unless we carry out the transport ourselves. We do not assume any obligation for the cheapest shipment. Insurance of the goods is only carried out at the customer's request and expense.
  3. To the extent that we have taken out transport insurance and the customer has fully complied with his payment obligations towards us with regard to the transport-insured goods, we assign our claims against the insurer to the customer to the extent permitted by law, unless the assignment is not permitted under the insurance contract or the provisions of the insurer or the Insurance Contract Act and other statutory provisions.

VII. RETENTION OF TITLE

  1. The goods remain our property until full payment of all claims against the customer arising from the current business relationship.. If the customer is a consumer (within the meaning of Section I. Para. 2), we reserve the right to ownership of the goods until full payment of the price.
  2. The customer is obliged to handle the goods with care.
  3. The customer may resell our goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice value which arise from the resale to a third party. We accept the assignment. After the assignment, the entrepreneur is still authorized to collect the claim. We reserve the right to collect the claim ourselves if the entrepreneur fails to meet his payment obligations and falls into arrears.
  4. The customer is obliged to notify us immediately of any third-party access to the reserved goods, for example in the event of seizure, as well as any damage or destruction of the goods.
  5. In the event of the customer's default in payment or breach of a duty pursuant to paragraph 5, we are entitled to withdraw from the contract and demand the return of the goods.

VIII. WARRANTY

  1. The goods delivered by us are free from defects if, at the time of the transfer of risk, they meet the subjective requirements (§ 434 (2) BGB) and the installation requirements (§ 434 (4) BGB). However, compliance with the objective requirements of § 434 (3) is not a prerequisite for the absence of defects in the goods, provided that the customer and we have made an agreement on the subjective requirements of the goods. The foregoing provision in sentence 2 does not apply in cases of so-called supplier recourse (§ 478 BGB) if the goods consist of a thing with digital elements within the meaning of § 327a (3) BGB.
  2. Our products are manufactured using natural additives and may therefore be subject to certain variations, such as efflorescence, color variations, burrs, pores, voids, or surface cracks. Deviations, changes, or tolerances within the scope of DIN standards represent only an insignificant deviation from the agreed quality and therefore do not constitute defects. In particular, slight color deviations of the delivered goods from illustrations in brochures or any product samples provided to the customer before conclusion of the contract do not constitute a defect.
  3. The customer must inspect the delivered goods immediately after delivery in accordance with the provisions of § 377 HGB. Obvious defects must be reported immediately. The date of receipt of this complaint by us is decisive. Defects that cannot be discovered even with the most careful examination within this period must be reported immediately upon discovery. If not reported in a timely manner, the customer is excluded from asserting warranty claims, unless the respective defect was fraudulently concealed by us. The burden of proof for all claim prerequisites, in particular for the defect itself, for the time of detection of the defect, and for the timeliness of the notice of defects, lies with the customer.
  4. Remedial action is at our discretion and may be done through repair or replacement delivery.
  5. If the customer asserts a defect that does not exist, we are entitled to reimbursement of the internal and external expenses incurred. This expenditure amounts to at least EUR 50.00, unless the customer can demonstrate lower expenses.
  6. If the customer is a consumer (cf. Clause I, paragraph 2), he initially has the choice whether the subsequent performance should be by repair or replacement delivery. However, in this case, we are entitled to refuse the type of subsequent performance chosen if it is only possible with disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the consumer.
  7. If subsequent performance fails, the customer can generally demand a reduction in price (reduction) or rescission of the contract (withdrawal) at his discretion. However, in the case of only minor deviations from the contract, especially in the case of only minor defects, the customer is not entitled to withdraw.
  8. We do not provide any warranty on our products; therefore, the customer is entitled to warranty claims only in accordance with these terms and conditions.
  9. There are no warranty claims for natural wear and tear or damage resulting from faulty or negligent handling, unsuitable operating materials, defective construction work, unsuitable subsoil, or due to special influences that are not assumed under the contract. If improper modifications or repair work is carried out by the customer or third parties, there are also no warranty claims for these and the resulting consequences.
  10. All warranty claims against us expire one year after delivery, unless we have granted (longer) statutory limitation periods in individual cases. The foregoing sentence 1 does not apply to reimbursement claims (§ 445a BGB) and other warranty claims of the customer pursuant to § 437 BGB in the case of so-called supplier recourse (§ 478 BGB), where § 445b (2) BGB applies.

IX. RIGHT OF WITHDRAWAL

  1. The customer, who is a consumer, has the right to withdraw from a distance contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which the customer or a third party designated by the customer, who is not the carrier, has taken possession of the goods.
  2. To exercise the right of withdrawal, the customer must inform us of his decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). The customer may use the attached model withdrawal form, which is not mandatory.
  3. To meet the withdrawal deadline, it is sufficient for the customer to send the notification of exercising the right of withdrawal before the withdrawal period has expired.

CONSEQUENCES OF WITHDRAWAL

  1. If the customer withdraws from this contract, we shall reimburse to him all payments received from the customer, including delivery costs (except for the additional costs resulting from the customer's choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about the customer's decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as the customer used for the initial transaction unless expressly agreed otherwise; in any event, the customer will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or the customer has supplied evidence of having sent back the goods, whichever is the earliest.
  2. The customer shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which he informs us of his withdrawal from this contract. The deadline is met if the customer sends back the goods before the period of fourteen days has expired. The customer bears the direct costs of returning the goods.
  3. The customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
  4. The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive.
  5. The provider informs about the model withdrawal form according to the legal regulations as follows:

MODEL WITHDRAWAL FORM

  1. (If you want to withdraw from the contract, please fill out this form and send it back.)
  2. — To [insert the name, address, and, if applicable, fax number and email address of the entrepreneur by the entrepreneur]:
  3. — I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/ for the provision of the following service (*)
  4. — Ordered on (*)/received on (*)
  5. — Name of consumer(s)
  6. — Address of consumer(s)
  7. — Signature of consumer(s) (only if this form is notified on paper)
  8. — Date
  9. (*) Delete as appropriate

X. LIABILITY LIMITATIONS

  1. The customer can only claim damages in cases of grossly negligent or intentional breaches of duty by us or one of our vicarious agents.
  2. In cases of simple negligence, the customer can claim damages only in cases of injury to life, body, health, or a material contractual obligation. A claim for damages by the buyer due to a breach of a material contractual obligation is limited in amount to the typical damage foreseeable under the contract, unless intent or gross negligence is present.
  3. A material contractual obligation within the meaning of paragraph 2 is an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and can rely.
  4. Liability under the Product Liability Act remains unaffected by the above limitations of liability and exclusions of liability.

XI. MISCELLANEOUS

  1. The purchase contract between us and the customer is subject exclusively to the law of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
  2. We do not participate in consumer dispute resolution proceedings under the Consumer Dispute Resolution Act (VSBG).
  3. The exclusive place of jurisdiction for all disputes arising from and in connection with the contract is Mönchengladbach.
  4. All ancillary agreements to, supplements to, and amendments to a contract concluded with us including these GTC require written form to be effective; this does not apply to individual agreements concluded orally with the customer.
  5. If individual provisions of the contract with the customer including these GTC are or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.

PAUL WOLFF GmbH
Monschauer Straße 22
41068 Mönchengladbach
Local Court of Mönchengladbach
HRB 6610