Commercial information

Terms and Conditions of Delivery and Payment

All our business dealings with our customers (“Customers”) are governed by the “ZVEI General Terms and Conditions of Delivery for Products and Services of the Electrical Industry – Green Terms and Conditions of Delivery” in the 2022 version issued by the ZVEI (hereinafter “Green Terms and Conditions of Delivery” – available on our website

www.kaiser-elektro.en), as well as the following supplementary terms and conditions of KAISER GmbH & Co.KG. In the event of unintended contradictions, our supplementary terms and conditions shall take precedence.

Any deviating, conflicting or supplementary General Terms and Conditions of the Purchaser shall only become part of the contract to the extent that we have expressly agreed to their validity. This requirement for consent applies in all cases, for example even if we carry out the delivery to the Purchaser without reservation whilst being aware of the Purchaser’s General Terms and Conditions.

1. Orders, scope of deliveries or services

The purchase order placed by the buyer shall be deemed a binding offer to enter into a contract. Unless otherwise stated in the order, we are entitled to accept this offer within 4 weeks of its receipt by us. Acceptance may be declared either in writing (e.g. by means of an order confirmation) or by delivery of the goods to the buyer.

The scope of deliveries or services shall be determined by the mutual written declarations (Article I No. 1 of the “Green Terms and Conditions of Delivery”). In addition to the “Green Terms and Conditions of Delivery”, the following shall apply: If a contract has been concluded without such mutual declarations being in place, either the written order confirmation from the supplier or service provider (hereinafter: Supplier) shall be decisive; if no such confirmation has been issued, the written order from the Purchaser shall be decisive. Individual agreements made with the buyer in specific cases (including ancillary agreements, additions and amendments) shall take precedence in all cases. Subject to proof to the contrary, a written contract or our written confirmation shall be decisive as to the content of such agreements.

2. Prices, Terms of Payment

In addition to Article II of the “Green Terms of Delivery”, the following applies:

The catalogue prices are recommended retail prices and are exclusive of statutory VAT in euros. The prices of brass products are subject to certain fluctuations based on the current DEL quotation. These prices are based on a DEL quotation of 150 euros for Ms58. Should this rate change by more than 15 euros upwards or downwards, a five per cent surcharge or discount shall be applied per 15 points. The DEL quotation on the date on which we received the order shall form the basis for calculating the surcharges or discounts. Our current product range prices, excluding any possible surcharges or discounts, can be found in our Service section (homepage).

Unless other payment terms have been agreed, the following apply: 10 days with 3% discount, 30 days net, in each case from the invoice date.

3. Value Added Tax

3.1. The customer warrants the accuracy of the details of their address and VAT registration number. If a delivery is treated as taxable due to errors in the address or VAT registration number, the customer shall reimburse us for the tax payable by us.

3.2. In the case of a VAT-exempt intra-Community supply in accordance with Sections 4(1)(b) in conjunction with Section 6a of the German VAT Act (UStG), the customer is obliged, upon request, to provide a confirmation of arrival that complies with the principles of Section 17a of the German VAT Implementation Regulation (UStDV). If the customer fails to fulfil this obligation within 30 days of our request, VAT may be charged retrospectively.

Title to the purchased goods remains reserved until receipt of the confirmation of arrival or until payment of the retrospectively charged VAT. The retention of title pursuant to Article III of the incorporated “Green Terms and Conditions of Delivery” of the ZVEI and Clause 4 of these Supplementary Terms and Conditions remains unaffected.

4. Retention of Title

In addition to Article III of the “Green Terms of Delivery”, the following applies:

If external storage facilities are to be used for goods delivered under retention of title, the Supplier must be notified. The purchaser must ensure, by means of a separate agreement with the warehouse keeper, that no liens arise on the goods owned by the supplier. Upon delivery to the warehouse, the warehouse keeper must be notified in writing that the goods in question are the property of the supplier and are being stored there only on condition that the warehouse keeper does not exercise a lien.

5. Dispatch

Prices apply on an ex-works basis, with delivery of sealed shipping cartons free of packaging costs upon acceptance. Partially used packaging units incur a surcharge of €5 per unit, regardless of the order value. Orders for a single delivery within the Federal Republic of Germany with a net value of €800 or more are delivered free of charge. For small orders with a net order value of less than €100, we charge a processing surcharge of €35 net. At the customer’s request and expense, the shipment shall be insured by the supplier against breakage, transport and fire damage.

6. Returns

Returns of goods may only be made in exceptional cases and only with our prior approval. The customer’s statutory right of withdrawal remains unaffected by this. If we are not notified, returns will not be accepted even by our distribution centres and will be returned at the sender’s expense. Our return conditions can be found in our service section (website).

7. Liability for defects

Our liability for material defects and defects of title is governed by Articles VIII to XII of the ZVEI’s “Green Terms and Conditions of Delivery”.

8. Place of performance, governing law and jurisdiction

8.1. The place of performance for our deliveries and any subsequent performance is Schalksmühle.

8.2. The law of the Federal Republic of Germany applies to these supplementary terms and conditions and the contractual relationship between us and the customer, to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.

8.3.

If the buyer is a merchant within the meaning of the German Commercial Code, a legal person under public law or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be our registered office in Schalksmühle.

The same applies if the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).

However, in all cases we are also entitled to bring an action at the place of performance of the delivery obligation in accordance with these General Terms and Conditions or a prior individual agreement, or at the buyer’s general place of jurisdiction. Overriding statutory provisions, in particular those relating to exclusive jurisdiction, remain unaffected.

General Information

Technical advice provided by us is given to the best of our knowledge and is to be regarded as non-binding guidance. The installer of electrical installation systems remains responsible for the selection of suitable installation boxes, their materials and for their safe and proper installation.

As of 09/2023

Subject to errors and technical changes.

General Terms and Conditions of Purchase (GTCP) KAISER GmbH & Co. KG