General Terms and Conditions (GTC) of WOTAN SOLUTIONS GmbH
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all business relationships between WOTAN SOLUTIONS GmbH, Wunsiedler Str. 22, 95478 Kemnath, Germany (hereinafter referred to as “WOTAN SOLUTIONS”), and its customers. They apply in particular to the sale and delivery of chemical products for the automotive sector (e.g. window cleaners).
1.2 Differing, conflicting or supplementary general terms and conditions of the customer will not become part of the contract, even if they are known, unless WOTAN SOLUTIONS expressly agrees to their validity in writing.
2. Conclusion of contract
2.1 Offers from WOTAN SOLUTIONS are non-binding and subject to change unless they are expressly designated as binding.
2.2 A contract is only concluded upon written order confirmation from WOTAN SOLUTIONS or upon delivery of the goods.
3. Prices and payment terms
3.1 Unless otherwise agreed, the prices quoted are exclusive of the applicable statutory VAT.
3.2 Payment of the purchase price must be made within 14 days of invoicing without deductions. Deductions such as discounts require an express written agreement.
3.3 If the customer defaults on payment, WOTAN SOLUTIONS is entitled to demand default interest at the statutory rate. WOTAN SOLUTIONS reserves the right to claim further damages for default.
4. Delivery and delivery time
4.1 Delivery dates or deadlines that have not been expressly agreed as binding are purely non-binding information.
4.2 Compliance with delivery obligations by WOTAN SOLUTIONS requires the timely and proper fulfillment of the customer’s obligations.
4.3 Delivery and service delays due to force majeure and events that make delivery significantly more difficult or impossible for WOTAN SOLUTIONS (this includes in particular strikes, lockouts, official orders, etc.) are not met by WOTAN SOLUTIONS, even if binding deadlines and dates have been agreed. They entitle WOTAN SOLUTIONS to postpone delivery for the duration of the disruption plus a reasonable start-up time.
5. Transfer of risk
5.1 The risk passes to the customer as soon as the delivery has been handed over to the person carrying out the transport or has left WOTAN SOLUTIONS’ warehouse for dispatch. This also applies if partial deliveries are made.
6. Warranty and liability
6.1 WOTAN SOLUTIONS guarantees that the products delivered are free from manufacturing and material defects. The warranty period is 12 months from the transfer of risk.
6.2 The customer must inspect the goods immediately upon receipt and report any defects immediately. In the case of hidden defects, this applies from the time the defect is discovered.
6.3 In the event of defects, WOTAN SOLUTIONS is entitled to repair or replace the goods at its discretion.
6.4 Further claims by the customer, in particular claims for damages, are excluded unless they are based on intent or gross negligence on the part of WOTAN SOLUTIONS or its vicarious agents.
7. Retention of title
7.1 The goods remain the property of WOTAN SOLUTIONS until the purchase price has been paid in full. The customer is obliged to treat the goods subject to retention of title with care.
8. Final provisions
8.1 The law of the Federal Republic of Germany applies to all legal relationships between WOTAN SOLUTIONS and the customer, excluding the UN Convention on Contracts for the International Sale of Goods.
8.2 The place of jurisdiction for all disputes arising from this contract is the place of business of WOTAN SOLUTIONS, provided the customer is a merchant.
8.3 Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected. Instead of the invalid provision, an effective provision shall apply that comes as close as possible to the economic purpose of the invalid provision.
WOTAN SOLUTIONS GmbH
Wunsiedler Str. 22
95478 Kemnath
Germany
Managing Director: Dominic Küffner