Our Terms and Conditions

Terms of delivery and payment, valid from May 1, 2015

1. Scope of Application

1.1 The following terms and conditions of delivery and payment shall apply to all deliveries and services. Any other terms and conditions of purchase of the customer are hereby expressly rejected. Such terms and conditions of purchase shall only apply if we expressly confirm them in writing.

1.2 These General Terms and Conditions (GTC) shall apply to all contracts concluded between us, GVB GmbH -Solutions in Glass, Nordstern-Park 2 52134 Herzogenrath, and our customers via our online store. Customers can be both consumers and entrepreneurs.

2. Conclusion of Contract

Our offers are not binding, but are to be understood as an invitation to the customer to make us a contract offer. The contract is concluded by the customer’s order and our acceptance. If this acceptance deviates from the order, it shall be deemed to be a new non-binding offer.

3. Prices and Terms of Payment

3.1 We charge the prices valid on the day of delivery, in EURO (EUR), unless otherwise stated, plus the applicable statutory value added tax. The prices are ex works Herzogenrath. If we increase our prices between the conclusion of the contract and the delivery of the goods, the customer shall be entitled to withdraw from the contract within 14 days of notification of the price increase, unless the price increase is based exclusively on an increase in freight rates. The right of withdrawal does not apply to long-term supply contracts (continuing obligation). Our invoices are due for payment immediately and without deduction, unless special conditions have been agreed.

3.2 If the payment deadlines are exceeded, all statutory consequences of default shall apply without special reminder. In particular, we reserve the right to charge interest at the respective interest rate of our principal bank if this exceeds the statutory interest rate of 8% above the prime rate. In addition, the total balance shall be due for payment immediately, irrespective of any payment terms.


3.3 In the case of custom-made products, we reserve the right to charge a reasonable surcharge and to deviate from the agreed delivery quantity; excess quantities must be accepted. A permissible deviation of +/-10% in relation to the order quantity shall be deemed agreed for cut-to-size items.

3.4 We charge a processing fee of € 20.00 for orders under € 100 net.

4. Delivery Dates / Force Majeure

4.1 We endeavor to adhere to the stated delivery times. However, these are non-binding due to the risks and characteristics of glass processing, unless expressly agreed otherwise. Our contractual obligations are subject to our own correct and timely delivery by our suppliers.


4.2 All events and circumstances beyond our control, such as natural disasters, war, labor disputes, shortages of raw materials and energy, traffic and operational disruptions, fire and explosion damage, acts of God, release us from our contractual obligations for the duration of the disruption and a reasonable start-up period to the extent of their effects. In such cases, we are also not obliged to procure the goods from third parties. Sentences 1 and 2 shall also apply insofar as the events and circumstances make the execution of the affected business sustainably uneconomical for us or insofar as they exist at our suppliers. If these events last longer than 3 months, both the customer and we shall be entitled to withdraw from the contract with regard to the delivery quantity affected by the disruption, to the exclusion of claims for damages.

5. Place of Performance and Transfer of Risk

5.1 The place of performance for the delivery is the registered office of our respective supplying plant. The place of performance for payment shall be our registered office.

5.2 In the case of shipment, the risk shall pass to the customer as soon as we have handed over the goods to the carrier selected by us.

6. Packaging Material

Unless otherwise agreed, we will only take back packaging material if we are obliged to do so in accordance with the Packaging Ordinance.

7. Warranty for Material Defects and Notification of Defects

7.1 Should complaints arise despite the utmost care, obvious defects must be reported immediately, but at the latest within 14 days of receipt of the goods, hidden defects must be reported immediately after their discovery, otherwise the goods shall be deemed approved. The notification of the defect must be made in writing and precisely describe the nature and extent of the defect.

7.2 Claims for material defects shall become time-barred 12 months after delivery of the goods supplied by us to our customer. The above provisions shall not apply if the law prescribes longer periods in accordance with § 438 para. 1 no. 2 BGB (buildings and items for buildings), § 479 para. 1 BGB (right of recourse) and § 634a para. 1 BGB (building defects). Our consent must be obtained prior to any return of the goods.

7.3 If, despite all the care we have taken, the delivered goods have a defect that already existed at the time of the transfer of risk, we shall, at our discretion, either repair the goods or deliver replacement goods, subject to timely notification of defects. We must always be given the opportunity for subsequent performance within a reasonable period of time. We expressly reserve the right to make two attempts at subsequent performance.


7.4 If the subsequent performance fails, the customer may – without prejudice to any claims for damages – withdraw from the contract or reduce the remuneration. The customer may not demand compensation for futile expenses.

7.5 Claims for defects shall not exist in the case of only insignificant deviation from the agreed quality, only insignificant impairment of usability, natural wear and tear or damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating materials, defective construction work, unsuitable building ground or due to special external influences which are not provided for in the contract. If improper repair work or modifications are carried out by the customer or third parties, there shall also be no claims for defects for these and the resulting consequences.


7.6 Claims of the customer for the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs, are excluded insofar as the expenses increase because the goods delivered by us have subsequently been taken to a place other than the customer’s branch office, unless the transfer corresponds to their intended use.


7.7 The customer’s right of recourse shall only exist to the extent that the customer has not made any agreements with his customer that go beyond the statutory mandatory claims for defects. Furthermore, clause 7.6 applies accordingly to the scope of the purchaser’s right of recourse against the supplier.


7.8 Further claims or claims other than those regulated in clause 7 by the purchaser and our vicarious agents due to a material defect are excluded.

7.9 For other claims for damages and claims for reimbursement of expenses of the customer, the provisions of clause 9 shall apply.

7.10 In the event of liability due to intent or fraudulent concealment of a defect or in the event of the assumption of a guarantee for the quality of the goods at the time of the transfer of risk within the meaning of § 443 BGB (declaration by the seller that the object of purchase has a certain quality at the time of the transfer of risk and that the seller intends to assume liability for all consequences of its absence regardless of fault), the rights of the customer shall be governed exclusively by the statutory provisions.

8. Industrial Property Rights and Copyrights; Defects of Title

8.1 Unless otherwise agreed, we are obliged to provide the delivery free of industrial property rights and copyrights of third parties (hereinafter referred to as “property rights”) only in the country of the place of delivery. If a third party raises justified claims against the customer due to the infringement of industrial property rights by deliveries made by the supplier and used in accordance with the contract, we shall be liable to the customer within the period specified in clause 7.1 as follows:

a. We shall, at our discretion and at our expense, either obtain a right of use for the deliveries concerned, modify them so that the industrial property right is not infringed, or replace them. If this is not possible for us under reasonable conditions, the customer shall be entitled to the statutory rights of withdrawal and reduction. The customer may not demand compensation for futile expenses.

b. The provisions of clause 9 shall apply to any claims for damages.

c. Our aforementioned obligations shall only apply if the customer notifies us immediately in writing of the claims asserted by the third party, does not acknowledge an infringement and leaves all defensive measures and settlement negotiations to us. If the customer ceases to use the delivery in order to minimize damages or for other important reasons, he is obliged to point out to the third party that the cessation of use does not constitute an acknowledgement of an infringement of property rights.

8.2 Claims of the customer are excluded insofar as he is responsible for the infringement of property rights.

8.3 Claims of the customer are also excluded if the infringement of property rights is caused by special specifications of the customer, by an application not foreseeable by us or by the fact that the delivery is modified by the customer or used together with goods not supplied by us.

8.4 In the event of infringements of property rights, the provisions of clauses 7.3 and 7.7 shall apply accordingly to the claims of the customer regulated in no. 8.1 a).

8.5 In the event of other defects of title, the provisions of clause 7 shall apply accordingly.


8.6 Further claims or claims other than those regulated in this clause 8 of the customer against us and our vicarious agents due to a defect of title are excluded.

8.7 In the event of fraudulent concealment of a defect or in the event of the assumption of a guarantee of a quality of the goods at the time of the transfer of risk within the meaning of § 443 BGB (declaration by the seller that the object of purchase has a certain quality at the time of the transfer of risk and that the seller intends to assume liability for all consequences of its absence regardless of fault), the rights of the customer shall be governed exclusively by the statutory provisions.

9. Other Claims for Damages

9.1 In the event of a pre-contractual, contractual and/or non-contractual breach of duty, including in the event of defective delivery, tortious acts and manufacturer’s liability, we shall only be liable for damages and reimbursement of expenses – subject to further contractual or statutory liability requirements – in the event of intent, gross negligence and in the event of a breach of a material contractual obligation (contractual obligation, the breach of which jeopardizes the achievement of the purpose of the contract) in the event of a slightly negligent breach. However, our liability – except in the case of intent – shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Liability for futile expenses incurred by the customer is excluded.


9.2 In the event of slight negligence, we shall only be liable for damages caused by delay in the amount of up to 5% of the purchase price agreed with us.



9.3 Apart from the breach of essential contractual obligations, liability for slight negligence is excluded. The provision of clause 9.2 shall remain unaffected.

9.4 The exclusions and limitations of liability contained in the provisions of clauses 9.1 to 93 shall not apply in the event of the assumption of a guarantee for the quality of the goods within the meaning of § 443 BGB, in the event of fraudulent concealment of a defect, in the event of damage to life, limb or health and in the event of mandatory liability under the Product Liability Act.

10. Binding Nature of Drawings, Illustrations, Dimensions and Weights / Technical Advice

10.1 Drawings, illustrations, dimensions and weights are only approximate unless they have been expressly designated as binding. The customer shall be responsible for ensuring that the design drawings submitted by him do not infringe the property rights of third parties; he shall indemnify us in the event of recourse claims.

10.2 Insofar as we provide consulting services, this shall be done to the best of our knowledge. All details and information on the suitability and application of the goods supplied are non-binding and do not release the customer from the obligation to carry out his own tests and trials.

11. Product Quality, Sample Pieces, Guarantees

11.1. The quality of the goods shall only be the quality expressly agreed in the contract or described in our product descriptions, specifications and labeling. Public statements, promotions or advertising statements on our part do not constitute quality specifications or a use assumed under the contract.

11.2. Properties of samples are only binding if they have been expressly agreed as the quality of the goods.

11.3. Quality and durability specifications and other information are only guarantees if they have been expressly agreed and designated as such.

12 Documents

Documents provided by us may not be made accessible to third parties or reproduced or used for any purpose other than the agreed purpose.

13. Reservation of Title

13.1 The goods shall remain our property until full payment of all our claims, including those arising in the future. The customer shall be entitled to process and sell the goods subject to the following provisions: If the goods are further processed or transformed by the customer, we shall be deemed to be the manufacturer within the meaning of Section 950 BGB and shall acquire ownership of the intermediate or end products. The processor is only the custodian. If the reserved goods are combined or processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other items.

13.2 The goods may only be sold in the ordinary and proper course of business and only if claims from resales have not previously been assigned to third parties. The claims to which the customer is entitled from the resale shall be deemed assigned to us upon conclusion of the purchase contract with us, even to the extent that our goods are combined or processed with other items. In this case, the assigned claims shall serve as security for us only to the amount of the value of the reserved goods sold in each case. We shall not collect the assigned claims as long as the customer meets his payment obligations. However, the customer is obliged to inform us of the third-party debtors on request and to notify them of the assignment. He is entitled to collect the claims himself as long as he is not instructed to do so by us. He must transfer the amounts collected by him to us immediately insofar as our claims are due.

13.3 Pledging or transfer by way of security of the reserved goods or the assigned claims is not permitted. The customer must inform us immediately of any access by third parties to the goods supplied subject to retention of title or to the assigned claims. We undertake to release the assigned claims at our discretion insofar as they exceed our claims to be secured by more than 20% and they originate from fully paid deliveries.

13.4 In the event of breaches of duty by the customer, in particular in the event of default in payment, we shall be entitled to withdraw from the contract and to take back the goods; the customer shall be obliged to surrender them. The taking back or assertion of the retention of title does not require a withdrawal on our part; these actions or a seizure of the reserved goods by us do not constitute a withdrawal from the contract, unless we have expressly declared this.

13.5 If, in the case of sales abroad, the retention of title agreed in this clause 10 is not permissible with the same effect as under German law, the goods shall remain our property until payment of all our claims arising from the contractual relationship resulting from the sale of the goods. If this retention of title is also not permissible with the same effect as under German law, but it is permitted to reserve other rights to the goods, we shall be authorized to exercise all such rights. The customer is obliged to cooperate in measures which we wish to take to protect our right of ownership or, in its place, another right to the goods.

14. Applicable Law and Place of Jurisdiction

14.1 The substantive law of the Federal Republic of Germany shall apply to all legal relationships established by the purchase contract, excluding its reference rules of private international law and the rules of the UN Convention on Contracts for the International Sale of Goods (“UN-CISG”).

14.2 The place of jurisdiction for both parties, including in matters relating to bills of exchange, shall be our registered office. If we act as plaintiff, we shall also be entitled to bring an action at the customer’s registered office.

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