General Terms and Conditions

1. General information

Our conditions apply to all current and future transactions between our company and the purchaser, even if we do not separately object to any deviating purchasing conditions or confirmations to the contrary, which we hereby expressly reject. They shall be considered accepted when the order is issued, and at the latest when goods are accepted by the purchaser or their agent. Deviations shall require our written confirmation for each individual contract. We store personal data based on pre-contractual or contractual relationships.

The purchaser shall not be entitled to any usage rights for industrial copyrights belonging to Kiesel through a purchase agreement or purchase agreements Copyrighted material can only be used with written approval from Kiesel, provided that exhaustion has not occurred. The direct or indirect use of copyrighted material (e.g., product photography), which has been downloaded or photographed from our website or edited using technical equipment, is not permitted.

2. Dispute resolution

Notice according to Sec. 36 of the Verbraucherstreitbeilegungsgesetz (VSBG Consumer dispute resolution act): We, Kiesel Bauchemie GmbH u. Co. KG, will not take part in any dispute resolution procedure before a consumer board of arbitration in the sense of the VSBG, and we are likewise not obligated to do so.

3. Prices and offers

Our offers are non-binding with respect to price, quantity, delivery time, and delivery possibility, and therefore are not considered offers in any legal sense. The contract shall come into force upon acceptance of the customer's order. Acceptance can also be declared tacitly, in particular by carrying out the order. We will provide prompt notification in writing by mail if an order is denied, at the latest within 5 business days after the order is received.

Our prices are always net prices, and do not include VAT. Our delivery prices valid on the date of delivery apply, unless otherwise agreed in writing.

4. Delivery and shipping

Unless otherwise agreed, shipping shall be at the cost and risk of the purchaser. If carriage paid prices have been agreed, then the purchaser shall bear any additional costs for express delivery. Force majeure, such as strikes, lockouts, raw materials and energy shortages, and similar, shall release us from the delivery obligation into which we have entered for as long as such circumstances last. Such events shall also entitle us to withdraw from the agreement in whole or in part, without the purchaser having any right to claim damages.

Risk shall be transferred to the customer when the delivery is sent ex works, or from the delivery warehouse. Unless otherwise agreed, shipping shall be carried out using the most economical and fast method, without guarantee, at our best discretion.

Agreed delivery deadlines or delivery terms shall not be considered fixed dates in accordance with the law, unless they are expressly designated as such.

5. Containers pallets

Containers that are not separately invoiced shall not be taken back. The return term is 30 days for returnable packaging. They can be shipped free of charge and in good, reusable condition. If this term is exceeded, they will be charged to the purchaser at their acquisition cost, or rental cost. Such invoices shall be due for payment immediately, without deductions. Pallets must be returned in exchange for deliveries. If they are not exchanged, we are entitled to immediately charge the cost price with the completed delivery. If pallets are returned at a later time, they will be credited.

6. Payment conditions

Our invoices shall be payable within 30 days from the date of receipt, unless otherwise agreed. If cash payment is made within 7 days of the invoice date, we will grant a 3% discount, or a 2% discount within 14 days. The purchaser shall be considered in default if they do not complete payment of the invoice within 30 days of the due date and receipt. From this time, we will charge the statutory default interest in any case; we reserve the right to assert higher default damages.

Bills of exchange and checks are accepted only in lieu of fulfilment. If there is any protest against a bill of exchange or check provided by a purchaser for payment, then all of our claims against the purchaser shall be immediately due for payment. We are entitled to recall any other bills of exchange or checks in circulation, and to demand immediate cash payment for them. The same applies if our customer does not immediately make a cash payment for any bill of exchange from a third party that was provided to us, following a protest. If a debtor falls into default, we are entitled to withdraw from any orders that have not yet been carried out, or to demand advance payment. The same applies if we become aware of any circumstances after concluding the contract that would result in doubt regarding the credit worthiness of the purchaser. The purchaser cannot derive any claims from any deviating handling of the above provisions in an individual case.

7. Retention of ownership

The delivered goods shall remain our property until all claims resulting from the business relationship are paid in full, even if they have already been sold to third parties. The purchaser is entitled to sell or process goods which are subject to our retention of ownership, although this entitlement is revocable. The purchaser's claims from the resale or processing against third parties shall be assigned to us at the time they come about in order to secure all of our own claims resulting from the business relationship with the purchaser.

Pledging the reserved goods or using them as a security is prohibited. We must be notified promptly if goods are seized by third parties. If the customer falls into default, we are entitled to withdraw from the contract after setting a grace period, if this is not met, then to take back the goods and request damages.

In such cases, we will credit the customer for our sale price, minus costs to recover the goods, as well as any reduction in value due to damages, modifications, or usage, and minus our lost earnings.

8. Processing

The information we provide on the composition and properties of our products is based on careful assessment. However, it should not be considered a guarantee in the sense of the law.

Due to the very different working conditions that can apply in the construction field, and the different applications for our products, we can provide only general guidelines in our processing instructions. If specialised requirements are established that are not listed in the processing instructions, then our recommendation must always be obtained before processing for the specific case.

The recommendation does not release the purchaser or processor from their own obligation to test our products and ensure they are suitable for the specific purpose, in accordance with our processing instructions. Information and recommendations from our sales representatives and applications engineers are only binding if they are issued in writing, in particular if they deviate from our general purchasing guidelines. Our consumption information is based on our values from experience. No claims against us can be derived from any additional or reduced usage.

9. Defect liability, claims for damages

The purchaser must submit notification of obvious defects in the goods at the latest 14 days after receipt. Upon request, we must be granted the opportunity to inspect the goods. We will only be liable for damages, whether due to the delivery of defective goods, due to some other contractual violation, or due to some other legal grounds (such as under product liability) in cases of intentional action or gross negligence by our statutory representatives, employees, or agents, unless significant contractual obligations are affected. Liability due to culpable injury to life, body, or health shall remain unaffected. Furthermore, we shall be liable for damages to our products or other objects which occur when processing our products only if the processing is carried out properly in compliance with our processing instructions, relevant DIN standards, and the generally accepted principles of the field, general technical and construction practice.

10. Taking, storing and publishing photos

The participant consents that digital images and photos may be taken and stored showing them taking part in the seminar. They also consent that such photos may be published on the homepage or Facebook page of Kiesel Bauchemie GmbH u. Co. KG (event organizer). This consent can be revoked at any time for good cause.

11. Place of jurisdiction and applicable law

For transactions with merchants in the sense of the HGB, the place of jurisdiction for both parties is Esslingen, as well as for suits regarding checks and bills of exchange. However, at our discretion, we can also file suit with the court generally responsible for the customer. The parties agree that the law of the Federal Republic of Germany shall apply exclusively. The applicability of the UN CISG is expressly excluded.