General Terms and Conditions of ck sales Vertriebsgesellschaft mbH
1. Application and validity
1.1 The following terms and conditions of ck sales Vertriebsgesellschaft mbH apply to all sales contracts and other contracts concluded between ck sales Vertriebsgesellschaft mbH and the contractual partner (hereinafter referred to as the customer). The following terms and conditions apply only to natural persons and legal entities or partnerships with legal capacity with whom a business relationship is entered into and who are acting in the exercise of a commercial or independent professional activity.
1.2 Conflicting, deviating or supplementary general terms and conditions of our customers are not binding, even if ck sales Vertriebsgesellschaft mbH does not expressly object to them.
1.3 The assessment and execution of contracts with foreign customers is governed by German law. International sales law (UN sales law) or other interstate law is excluded as far as legally permissible. The contractual language is German.
2.1 Our offers are subject to change.
2.2 Subsequent changes shall be indicated in an offer supplement or the order confirmation.
3. Conclusion of contract and scope of delivery
3.1 The contract shall be concluded upon receipt of the order confirmation.
3.2 The order confirmation will be issued by ck sales Vertriebsgesellschaft mbH as soon as the content of the contract has been agreed between the contracting parties in all necessary details.
3.3 All changes to the contract must be made in writing.
3.4 A separate offer will be made for any necessary changes to the delivery item, which will be invoiced on a time and material basis.
4 Prices and terms of payment
4.1 The prices stated in the order confirmation are binding.
4.2 Payments are due immediately irrespective of invoicing or receipt of invoice. The customer shall be in default if he does not make payment within 14 days after delivery or invoicing. Notwithstanding the foregoing, the customer shall be in default by means of a reminder. Interest on arrears shall be 5 percentage points above the base rate. If we are able to prove a higher damage caused by default, we are entitled to claim this.
5. Delivery and transfer of risk
5.1 The agreed delivery begins with the date of the order confirmation.
6. Place of jurisdiction, place of performance
6.1 Place of performance is Schönebeck.
6.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for any disputes arising from this contract shall be our place of business. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is not known at the time the action is filed.
7 Severability clause
7.1 Should any provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The offending clause will be replaced by a clause that comes closest to the intended provision.
ck sales Vertriebsgesellschaft mbH (Stand: Januar 2021)