General Terms and Conditions of Business

Bongard & Lind Noise Protection GmbH & Co. KG

1. Offers

The Supplier's offers shall be made in writing and shall be non-binding. Unless otherwise notified, the supplier shall, however, be bound by the offer for the first two months following its submission. The supplier reserves the right to prior sale for goods ex warehouse.

2. Scope of delivery

The scope of delivery shall be determined by the Supplier's written order confirmation.

Deviating agreements are only binding if they are confirmed in writing by the supplier.

The documents provided (e.g. illustrations, drawings, weights and dimensions) are only approximately binding; the supplier reserves the right to deviations which are due to the nature of the design and manufacture and which do not impair usability.

3. delivery time

The delivery period begins after clarification of all details of the delivery. The delivery time stated in the order confirmation assumes that the manufacturing process is uninterrupted. In the event of unforeseen events (e.g. force majeure, operational disruptions, strikes, lockouts, official orders, delays in the delivery of essential raw materials or materials), the delivery time shall be extended appropriately without any obligation on the part of the supplier to pay compensation. If, as a result of such events, it becomes impossible for the supplier to provide the service assumed, he may withdraw from the contract in whole or in part without any obligation to pay compensation.

4. Packaging

Unless otherwise agreed in the order confirmation, packaging costs shall be charged at cost price.
Customary packaging that can be reused by the supplier will be taken back in usable condition within one month and credited at two thirds of the invoiced value if returned carriage paid and free of charge. These types of packaging are listed separately in the invoices.

5. Transfer of risk

The risk shall pass to the Purchaser upon dispatch of the delivery parts from the manufacturing plant, even if the Supplier has assumed the transportation costs or disbursed them for the Purchaser. If dispatch is delayed due to circumstances for which the purchaser is responsible, the risk shall pass to the purchaser on the day on which the goods are ready for dispatch.

Transport insurance for finished parts from our workshops is always taken out by the supplier. Claims for compensation for transport damage can only be made if the recipient immediately provides a certificate from the relevant transport company regarding the damage ascertained (statement of facts).

6. Prices

Unless otherwise agreed, prices are quoted ex works excluding packaging, unloading and installation.

Any changes in the material prices, tariffs, taxes and duties on which the offer is based occurring between order confirmation and delivery shall entitle the contracting parties to adjust the prices accordingly.

7. Terms of payment

In the absence of any special agreement, payment shall be due in cash without deduction no later than 30 days after dispatch and invoice date.
Counterclaims not recognized in writing by the Supplier shall not entitle the Purchaser to offset or withhold due payments.

In the event of late payment, the Supplier shall be entitled to charge the usual bank interest on the overdue amounts. The supplier may withdraw from the contract in whole or in part without any obligation to pay compensation if the purchaser's ability to pay becomes doubtful.

8. Retention of title

All goods delivered by us shall remain our property until full payment of all claims, irrespective of the legal basis - in the case of payment by check or bill of exchange until they have been honored - even if the purchase price for specially designated deliveries has been paid.

Likewise, the goods shall remain our property until full payment of our future claims arising from a business relationship with the buyer and until settlement of any credit balance resulting for us from a possible current account relationship.

It is agreed that the delivered goods may be installed or sold by the purchaser. In this case, the assignment of the purchaser's claim against his customer to the supplier is hereby agreed up to the amount of the supplier's invoice in respect of the goods delivered and installed or disposed of for the benefit of a third party. In the event of a prohibition of assignment between the purchaser and a third party, the permission to dispose of the delivered goods in favor of a third party shall not apply.

9. Acceptance of installations

The inspection of the systems installed by the supplier's employees must be carried out by the customer without delay and confirmed to the supplier in writing. The same shall apply at the Supplier's request for self-contained partial services and for those parts of a service which are not subject to subsequent inspection due to further work.
The Supplier's performance shall be deemed to have been accepted without reservation if the Customer has put the equipment into use or does not make a written complaint within 18 working days of handover or does not carry out the planned inspection.

10. Liability for material defects and warranted characteristics

a) The supplier shall be liable for defects in the delivery by repairing or replacing, at his discretion and free of charge, those parts which, within 6 months (for day and night operation within 3 months) after the transfer of risk - in the case of installations after acceptance - demonstrably become unusable or defective to an extent that significantly impairs usability as a result of a circumstance occurring before the transfer of risk (faulty design, poor building material, defective workmanship). The parts replaced by new delivery shall become the property of the supplier.

b) The supplier shall not be liable for damage resulting from natural wear and tear, incorrect or improper handling, excessive strain and chemical, thermal and mechanical influences to which the material used is not resistant according to the information and knowledge available at the time of conclusion of the contract. Furthermore, no liability is accepted for parts supplied which are subject to premature wear and tear due to their material properties or the way in which they are used.

c) In the case of delivery of third-party products, the conditions agreed between the supplier and its subcontractors shall apply with regard to liability for defects. These conditions will be made available to the customer on request.

d) The Supplier shall not be liable for losses and expenses incurred indirectly by the Purchaser due to defects in the delivery item (e.g. damage to other equipment, loss of material, loss of production).

e) Warranty claims on the part of the customer shall expire after 6 months.

11. Copyright

The offer and all calculations, drafts, drawings, etc. prepared by the supplier are the intellectual property of the supplier and may not be reproduced or made available to third parties or companies for inspection without the written consent of the supplier, even if an order is placed. The documents may not be used for the reproduction of identical or similar systems, for tenders or blankets.

If the order is not placed, all documents must be returned to the supplier on request.

12. Place of jurisdiction

German law shall apply to all disputes and Montabaur shall be the agreed place of jurisdiction.