The general terms and conditions of sale apply to all sales by BIBUS METALS GmbH ("Bibus") to the customer.
These general terms and conditions of sale apply to all sales by BIBUS METALS GmbH ("Bibus") to the customer. Deviating conditions of the customers do not apply unless they are expressly and in writing accepted by Bibus. They also apply to all future transactions with the buyer, especially for call-off orders and framework agreements.
Our prices and surcharges are generally non-binding. Our offers are only valid for immediate decision and are subject to factory acceptance. If the market conditions underlying the pricing change (increases due to alloy surcharges, customs, freight or official price increases, currency or monetary measures such as revaluation of exchange rates, etc.), Bibus is entitled to adjust prices and conditions to the changed circumstances. For goods from stock or factory warehouse, they are non-binding. Sales and all other legal transactions in which our representatives or employees are involved are only binding for Bibus if Bibus confirms them in writing. Customer orders from the manufacturer are only binding for Bibus after their written confirmation of acceptance by Bibus.
After the deadlines set in the offers of Bibus have expired, customer specifications regarding the individual goods can no longer be made. Bibus also accepts specifications only on the condition that they are also accepted by the manufacturing plant from which Bibus obtains the goods.
Invoices from Bibus are to be paid in the invoice currency within 30 days of the invoice date, unless otherwise contractually agreed. Thereafter, a default interest of at least 6% per annum is owed, unless a higher default interest is agreed. The delivery date is considered the day of handover of the goods to the departure station or the carrier, regardless of the arrival of the goods at the buyer. We reserve the right to provide payment experiences to an information portal. In the event of default in payment, reminder and collection fees will be charged. In addition, Bibus is entitled to adjust the payment terms in the event of changed market conditions or negative payment experiences with a customer (e.g., by adjusting payment deadlines, default interest, etc.). The delivered goods remain the property of Bibus until they are fully paid for.
Delivery dates set by the customer or mentioned by Bibus are not fixed dates. The delivery dates are extended if obstacles arise that are beyond the control of Bibus. The customer can only make claims against Bibus for late or non-delivery if he proves intent or gross negligence on the part of Bibus. If the customer wishes inspection or acceptance certificates, he must notify this at the latest when placing his order. The costs for the certificates and inspections are borne by the customer. The information on weight and volume of the delivery determined in the manufacturing plants or in the warehouse is decisive for the invoicing of Bibus. The tolerance values applicable in the manufacturing plants also apply to the delivery of Bibus. If a call-off delivery is agreed, the customer must call off the contractually agreed quantity of goods in full by the end of the 12-month contractual relationship at the latest, unless another call-off period has been agreed. If the customer fails to call off within this period, Bibus can either (i) waive the delivery of the not yet called-off contract volume and claim damages (positive contractual interest), (ii) declare withdrawal from the contract and claim damages (negative contractual interest), or (iii) continue to demand acceptance of the not yet called-off contract volume by the customer and claim compensation for the delay. The customer owes default interest of at least 6% per annum on the not yet called-off contract volume, unless a higher default interest is agreed. The customer also bears the risk of accidental loss or accidental deterioration of the goods.
The transport of the goods is entirely at the customer's expense, excluding any liability of Bibus for transport, freight, and packaging. Benefit and risk pass to the customer with the departure of the goods from the manufacturing plant or warehouse. This risk transfer regulation also applies if Bibus exceptionally assumes part or all of the transport costs. Otherwise, the rules of the latest version of INCOTERMS apply.
The buyer is obliged to carefully inspect the delivered goods immediately upon arrival for completeness and correctness and to notify deviations immediately in writing. The customer must check the condition of the goods deliveries within ten days of their receipt. Complaints about goods deliveries by the customer must be communicated to Bibus in writing and in detail in terms of quantity and type within ten days of receipt of the goods or (in the case of a hidden defect) since its discovery. All claims for material defects expire twelve months after receipt of the goods, unless we are liable for longer under mandatory legal regulations. The buyer must give Bibus the opportunity to inspect the complained goods in the condition of delivery. If the buyer does not fulfill these obligations or if the complaint is late, the delivery is considered approved. In the case of a justified complaint, Bibus has the choice to either take back the unprocessed defective goods and deliver a replacement or compensate the reduced value by payment. Further claims against Bibus for damages, lost profits, default interest, and penalties are excluded.
Extraordinary events that significantly complicate or make the contractual execution unreasonable for Bibus (such as generally issued or specifically ordered official restrictions, raw material shortages, operational failures, strikes, war, pandemics, epidemics) and were not foreseeable at the time of contract conclusion entitle Bibus, at our discretion, to either postpone the delivery deadlines mentioned by us or to refrain from delivery in whole or in part, without the buyer being entitled to any compensation or other claims against Bibus.
The protection and lawful collection, processing, and use of your personal data is an important concern for us and is based on legal regulations. Further information on data protection is available upon request.
The place of performance for all mutual obligations is the location of our respective acting branch, unless otherwise specified in these general terms and conditions of sale. The exclusive place of jurisdiction for all disputes is Essen. German law applies to these general terms and conditions of sale and all legal transactions between Bibus and the buyer, excluding the United Nations Convention on Contracts for the International Sale of Goods.
Should individual provisions of these general terms and conditions of sale be or become invalid, the validity of the remaining provisions or agreements remains unaffected.
Version 06/2020