Terms and conditions

§ 1 Scope

All deliveries, services and offers by Falkenhahn AG are made exclusively on the basis of these general terms and conditions. Differing, conflicting or supplementary terms of the customer only become part of the contract if we have expressly agreed to their validity in writing.

§ 2 Offers and conclusion of contract

Our offers are without obligation unless expressly designated as binding. A contract is concluded only upon our written order confirmation or upon delivery. Information on dimensions, weights and qualities constitutes descriptions of the goods, not guarantees, unless expressly designated as such.

§ 3 Prices and payment

Prices are quoted in euros ex works plus statutory VAT at the applicable rate. Invoices are due for payment without deduction within the agreed period. In the event of late payment we are entitled to charge default interest at the statutory rate.

§ 4 Delivery and passing of risk

Delivery dates are binding only where expressly agreed as binding. Risk passes to the customer as soon as the goods have left our plant or have been handed over to the carrier. Partial deliveries are permitted where reasonable for the customer.

§ 5 Properties of the goods

WORLD euro pallets are manufactured to EN 13698-1. Timber is a natural product; variations in colour, grain and knots are not defects. The assured MFH capability (machine handling, conveyor compatibility, high-bay racking) refers to the condition at handover. For used pallets the agreed quality classes under the GS1 classification apply.

§ 6 Duty to inspect and give notice of defects

The customer shall inspect the goods immediately upon delivery and notify any apparent defects in writing without delay, and no later than seven working days after delivery (§ 377 German Commercial Code). Hidden defects must be notified immediately upon discovery.

§ 7 Warranty

In the case of justified notices of defect we will provide subsequent performance at our discretion, either by repair or by replacement delivery. If subsequent performance fails, the customer may reduce the price or withdraw from the contract in accordance with statutory provisions. The limitation period for claims based on defects is twelve months from delivery, unless mandatory statutory provisions require a longer period.

§ 8 Liability

We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health and under the German Product Liability Act. In the case of slightly negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical for the contract. Liability is otherwise excluded.

§ 9 Retention of title

The goods delivered remain our property until all claims arising from the business relationship have been paid in full. The customer is entitled to resell the goods in the ordinary course of business and hereby assigns to us the resulting claims.

§ 10 Pallet exchange

There is no entitlement to pallet exchange. Where an exchange is agreed in an individual case, exchangeability is governed by the agreed quality criteria. We draw separate attention to the VAT consequences of pallet exchange.

§ 11 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance and exclusive place of jurisdiction for all disputes is – as far as legally permissible – the registered office of Falkenhahn AG. Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.