General Terms and Conditions (GTC)
1. Scope of Application
These General Terms and Conditions (GTC) apply to all present and future business relationships of Gluetex GmbH with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. Any conflicting or deviating terms and conditions of the customer shall not apply unless their validity has been expressly agreed to in writing.
2. Conclusion of Contract
Our offers are non-binding and subject to change. A contract is only concluded with our written order confirmation or by execution of delivery. Drawings, illustrations, dimensions, weights, or other performance data are only binding if expressly agreed upon in writing.
3. Prices and Terms of Payment
Unless otherwise agreed, the prices valid on the day of delivery according to our current price list shall apply. Prices are quoted ex works (EXW Klettgau according to Incoterms® 2020) plus statutory VAT, packaging, shipping, and insurance costs. Payments are due without deduction within 30 days from the invoice date. In case of default, we will charge default interest of nine percentage points above the respective base interest rate (Section 288 (2) BGB). The right to prove higher default damages remains reserved.
4. Delivery and Delivery Time
Delivery dates and deadlines are only binding if expressly agreed as binding. Delivery delays due to force majeure and unforeseeable, unavoidable events that significantly hinder or render our performance impossible shall release us from the obligation to deliver for the duration and extent of their effects. Partial deliveries are permissible if reasonable for the customer.
5. Transfer of Risk
The risk of accidental loss or deterioration of the goods shall pass to the customer upon handover to the forwarding agent, carrier, or other person designated to carry out the shipment. In the event of default in acceptance, the risk shall pass to the customer upon notification of readiness for shipment.
6. Default of Payment and Set-off
In the event of payment default, we reserve the right to declare all outstanding claims immediately due and to make further deliveries dependent on advance payments. The customer may only offset with undisputed or legally established claims. The customer shall only be entitled to exercise a right of retention if it is based on the same contractual relationship.
7. Retention of Title
We retain title to the delivered goods until full payment of all claims arising from the ongoing business relationship. Pledging or transfer by way of security of the goods subject to retention of title is not permitted. The customer is entitled to resell the goods in the ordinary course of business. The customer hereby assigns to us all claims arising from the resale. We hereby accept this assignment.
8. Warranty
The statutory provisions on liability for defects shall apply with the following conditions:
The customer must inspect the goods immediately upon receipt and notify us in writing of any obvious defects within five working days. Hidden defects must be reported in writing immediately upon discovery, at the latest within three months after the transfer of risk. In the event of a justified notice of defect, we shall, at our discretion, provide subsequent improvement or replacement delivery. Further claims are excluded to the extent permitted by law.
9. Liability
We shall be liable for damages — regardless of the legal grounds — only in cases of intent and gross negligence. In cases of simple negligence, we shall only be liable for damages resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), but limited to the foreseeable, typical contractual damage. Liability under the Product Liability Act remains unaffected.
10. Confidentiality
The contracting parties undertake to keep all confidential information obtained within the scope of the business relationship confidential for an unlimited period and not to disclose it to third parties. This does not apply to information that is publicly known or generally accessible.
11. Data Protection
We process personal data exclusively in accordance with the applicable data protection regulations, in particular the GDPR and the Federal Data Protection Act (BDSG). Information on data processing can be found in our privacy policy, available at: www.gluetex.de
12. Final Provisions
Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a provision shall apply that comes closest to the economic intent of the invalid provision.
The place of performance and jurisdiction for all disputes arising from this contract, provided the customer is a merchant, a legal entity under public law, or a special fund under public law, shall be Freiburg im Breisgau. The law of the Federal Republic of Germany applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Status: May 2025