These General Terms and Conditions (GTC) apply to all deliveries and services of WiBa GmbH to its business customers. Deviating or conflicting conditions will only be recognized if WiBa GmbH has expressly agreed to them in writing. These GTC also apply if WiBa GmbH executes the delivery or service unconditionally, knowing the customer’s conflicting conditions.
2. Conclusion of Contract
2.1. Offers from WiBa GmbH are non-binding and subject to change, unless otherwise expressly agreed.
2.2. A contract is only concluded through a written order confirmation or by the execution of the order by WiBa GmbH.
2.3. Changes or additions to the contract require written confirmation by WiBa GmbH.
3. Prices and Payment Terms
3.1. All prices are ex-works, plus the applicable statutory VAT, unless otherwise agreed.
3.2. Price changes are reserved, especially if cost reductions or cost increases occur between the conclusion of the contract and delivery. Additional costs, such as bank transfer fees, import duties, taxes, and customs, may arise and must be borne by the customer. Any such additional costs are always to be paid by the buyer.
3.3. As a rule, advance payment is required, unless another payment method has been expressly and in writing confirmed by WiBa GmbH.
3.4. In case of late payment, WiBa GmbH will charge default interest at 8 percentage points above the base rate according to § 247 BGB.
3.5. WiBa GmbH reserves the right to claim further damages caused by the delay.
4.1. Delivery dates or deadlines that are not expressly agreed as binding are non-binding.
4.2. WiBa GmbH is entitled to make partial deliveries.
4.3. The risk passes to the customer as soon as the goods leave the factory or warehouse of WiBa GmbH, even if the delivery is made freight-free.
4.4. If dispatch is delayed due to circumstances for which the customer is responsible, the risk transfers to the customer upon notification of readiness for dispatch.
4.5. Delivery Address: Delivery is made to the address provided by the customer within the specified delivery area, unless otherwise agreed.
4.6. Failed Delivery: If delivery fails due to reasons attributable to the customer, the customer bears the resulting costs.
4.7. Transfer of Risk for Businesses: For business customers, the risk passes to the customer upon handover to the carrier.
4.8. Self-Collection: If WiBa GmbH offers self-collection, the customer can pick up the goods at the agreed location during business hours. No shipping costs will be charged.
4.9. Non-availability: Should WiBa GmbH not be supplied despite prior agreements, it reserves the right to withdraw from the contract. The customer will be informed immediately, and any payments already made will be refunded.
5.1. WiBa GmbH retains ownership of the delivered goods until full payment of all claims from the business relationship has been made.
5.2. The customer is entitled to resell the goods under retention of title in the ordinary course of business.
5.3. The customer hereby assigns all claims from the resale to WiBa GmbH.
5.4. The customer is authorized to collect these claims as long as they meet their payment obligations to WiBa GmbH.
6. Warranty and Liability
6.1. Complaints about defects must be reported in writing immediately, but no later than 10 days after receipt of the goods.
6.2. In the case of justified complaints, WiBa GmbH will either rectify the defects or deliver replacement goods at its discretion.
6.3. Further claims, especially claims for damages, are excluded unless they are based on intent or gross negligence.
6.4. Liability for slightly negligent breaches of duty is limited to the contract-typical, foreseeable damage.
7.1. The place of performance for all obligations arising from the contractual relationship is the registered office of WiBa GmbH in Hannover.
7.2. The place of jurisdiction for all disputes arising from this contract is Hannover, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law.
7.3. However, WiBa GmbH is also entitled to sue the customer at their general place of jurisdiction.
8.1. WiBa GmbH processes personal data of the customer for contract execution and customer relationship management in accordance with the applicable data protection regulations.
8.2. Data will only be passed on to third parties if this is necessary for the execution of the contract or if the customer has expressly consented.
9.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
9.2. The contract language is German or English
10.1. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.
10.2. The contracting parties will replace the invalid provision with a legally permissible provision that comes closest to the economic purpose of the invalid provision.
Hannover, October 2024