GTC

General terms and conditions of business

1. General

a.	These terms and conditions apply to all contracts with companies, including future contracts. Our offer is directed exclusively to tradesmen, public companies as well as public institutions.
b.	We sell exclusively to our general terms and conditions in the current and valid version. You accept these with your order. Our silence on deviating regulations is not considered as recognition or agreement.

2. Conclusion of contract

a.	The display of products, services and prices on our homepage does not constitute a legally binding offer. You make this offer with your order. If you then receive our written order confirmation, this shall be deemed to be a declaration of acceptance and the contract shall be deemed to have been concluded with legal effect.
b.	Verbal offers and orders on your part as well as verbal promises on our part require a written confirmation (order confirmation) to be valid.
c.	Our order confirmation always includes the exclusive validity of these GTC.
d.	It is the customer's responsibility to immediately check our order confirmation for correctness in terms of content, calculation and facts and to notify us of any discrepancies without delay, at the latest within two working days. If the customer fails to object in due time to an order confirmation deviating from the order, the deviating order confirmation shall be deemed approved.
e.	Obvious errors and mistakes in our offers, order confirmations or invoices may be corrected by us. We reject any legal claims arising from erroneous or comprehensibly incorrect information which contradicts our other sales documents.

3. Prices

a.	The prices in our sales documents or on our homepage are net prices, i.e. plus the current and valid value added tax.
b.	Unless otherwise stated in the article description, prices are per piece.
c.	Our prices are subject to change and are valid ex LOCKEEL S.à r.l., Luxembourg without handling charges, packaging, postage and shipping, delivery or assembly. Prices for articles with additional components and accessories such as benches, foot frames, compartment numbering, padlocks, etc. are to be understood unassembled.
d.	Costs for delivery and assembly will be shown separately in the quotation, order confirmation and invoice.
e.	The current prices in our sales documents or on our homepage are always valid. All old prices lose their validity. There is no claim for warranty of prices from previous contract conclusions.

4. Payment methods

a.	In general, payment on account is possible immediately after delivery. In individual cases we reserve the right to demand a deposit or payment in advance. If the contract is concluded with the payment in advance, we dispose of the goods after receipt of payment. Non-payment of the advance payment does not release from the contract obligation and will be enforced by legal action. Unjustified drawn discounts or rebates and unpaid processing and reminder fees we claim.
b.	Payment periods begin to run from the date of the invoice. The invoice is due no later than the last day of the period.
c.	Default occurs on the day following the due date. In the event of default, interest on arrears shall be due.

5. Terms of delivery

Unless otherwise agreed/specified, we deliver free of charge by post or forwarding agent to Luxembourg, France, Belgium, Germany and the Netherlands (only to the mainland). Delivery is free kerbside up to a shipment volume of 3 ldm (loading meter), beyond that free loading edge. On request: delivery to point of use, incl. assembly and to other countries.

b.	Agreed delivery dates are approximate. They can be delayed due to production and process reasons. Unforeseeable obstacles to delivery, especially due to force majeure, operational disruptions, strikes, lockouts, shortages of goods or delays in delivery by a sub-supplier shall entitle us to postpone or cancel our delivery obligation without prejudice. We exclude any liability resulting therefrom.
c.	The agreed, calculable delivery period shall commence on the date of our order confirmation and shall only apply on the condition of timely clarification of all details of the order and timely fulfillment of all obligations of the Buyer listed under 5 f..
d.	The date of dispatch from the warehouse shall be decisive for compliance with delivery dates and deadlines.
e.	Prior to delivery, we shall notify the customer of the delivery of the goods. If the dispatch of the goods or their acceptance is delayed for reasons that lie in the sphere of the purchaser, the purchaser shall be in default of acceptance as of the notification of readiness for dispatch and delivery by LOCKEEL S.à r.l.. If the customer is in default of acceptance or violates other duties to cooperate, we may claim the costs for delivery and return, storage or interim storage as well as the associated administrative expenses (costs of additional expenses). Within the default of acceptance LOCKEEL S.à r.l. shall only be liable for intent or gross negligence.
f.	Any registrations or accreditations at the delivery address necessary for smooth delivery shall be made by the customer. The customer shall nominate a contact person on site, provide us with his telephone contact details and ensure that the nominated person or a representative receives the goods on the agreed delivery date. It is the customer's responsibility to ensure, without separate request, that delivery by truck can take place unhindered. He has to inform us about special constructional features such as bridges, passages or similar. In this case, our delivery obligation ends at the last possible accessible point for the forwarder, taking into account legal or occupational safety regulations. This shall also and especially apply if the agreed place of delivery can only be reached by disregarding the road traffic regulations or if unloading would only be possible with hindrance and/or danger to health and/or life.
g.	In the case of collection, the place of delivery shall be our registered office or the agreed place of business; in the case of delivery, it shall be the delivery address agreed with the customer.
h.	Delivery shall be free loading sill*, unless otherwise agreed.

6. Assembly

a.	The goods are generally delivered without assembly at the customer's premises.
b.	You can get the assembly free place of use* for an extra charge.
c.	The assembly service begins with the acceptance of the goods at the place marked as the place of delivery. The assembly includes the transport of the goods to the place of use as well as the unpacking, completion and installation of the goods.
d.	The customer is obliged to ensure that the routes and assigned aids such as ramps, floor coverings or elevators comply with the requirements for this task as well as the applicable legal and occupational health and safety regulations. It is the customer's responsibility to ensure that the area designated for installation is in a level, leveled condition. If we have to compensate for unevenness for assembly, this will be done - if the goods themselves do not allow for height compensation - by means of shims or wooden blocks. This service will be invoiced separately.
e.	A written order is required for fastening the cabinets to the building structure, which must be confirmed by us in writing. This service will be invoiced separately. The customer must inform us of any pipes or cavities, requirements of monument protection or statics or similar special features. Any claims for damages arising from failure to point out or identify such items will not be recognized. If we are unable to carry out the installation or to carry it out on time due to missed instructions from the customer, unsuitable ground conditions or unsuitable paths and aids, due to obstructions at the construction site or for other reasons that are not within our sphere of responsibility, we shall charge separately for the futile journey and expenses.This shall apply insofar as we are not accused of intent or gross negligence. This exclusion of liability refers to all types of damage. Insofar as we are liable for damages incurred in the area of slight negligence on the basis of mandatory, statutory provisions, our liability for damages is limited to the amount covered by our liability insurance.

7. Transfer of risk

a.	The risk of accidental loss or deterioration of the goods shall pass to the buyer upon handover.
b.	If a sale by delivery to a place other than the place of performance has been agreed, the risk shall pass upon handover to the forwarding agent, the carrier or any other natural or legal person designated to perform the shipment, even if we bear the shipping costs.
c.	If the goods are ready for shipment and the shipment is delayed for reasons for which we are not responsible, the risk shall pass to the Buyer from the time the goods are ready for shipment.
d.	If the goods are to be collected from us by the Buyer, the risk shall pass to the Buyer upon receipt by the Buyer of the notification that the goods are ready for collection.

8. Retention of title

a.	We retain title to delivered goods until final and complete payment.
b.	The claims arising from the resale of the goods subject to retention of title shall be assigned to us here and now together with all securities acquired by the purchaser for the claim. They shall serve as security to the same extent as the reserved goods.
c.	In the event of seizure, filing for insolvency or other interventions by third parties in the goods subject to retention of title or in the claims arising from their sale, the Buyer shall be obliged to point out our ownership. Furthermore, he shall inform us immediately of any impairment of our property by third parties so that we can take the necessary countermeasures. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of such countermeasures, the buyer shall be liable for the expenses incurred by us.

9. Notification of defects, liability for material defects

a.	The goods are in conformity with the contract if they do not deviate or deviate insignificantly from the agreed specification at the time of transfer of risk. Conformity with the contract and freedom from defects of our goods shall be measured exclusively in accordance with the express agreements on the quality and quantity of the goods ordered. Liability for a specific purpose or a specific suitability shall only be assumed to the extent that this has been expressly agreed. Otherwise, the risk of suitability and use shall be borne exclusively by the Buyer.
b.	It is the customer's responsibility to inspect the goods upon receipt for accuracy, quantity and integrity. Note any discrepancies on the delivery bill and have any damage acknowledged by the driver in any case.
c.	Inspection of the goods must be made without delay. Obvious defects, with the exception of those listed under a., must be reported to us in writing (e-mail, fax or mail) within 48 hours of receipt of the goods. After this period we cannot accept any complaints or notices of defects.
d.	We cannot accept complaints about transport damage that is not noted on the delivery bill or the acceptance of goods under reservation. Acceptance of goods under reservation is considered as acceptance without defects.
e.	All statements made in our sales documents, homepage or advertising regarding suitability and application possibilities are made to the best of our knowledge. These statements represent empirical values which are not guaranteed. We do not accept any liability for this.
f.	We are not liable for deterioration, destruction or improper handling of the goods after the transfer of risk. We do not assume any warranty for damage caused or to be caused by third parties, natural wear and tear, improper use or operation, improper and improper handling or natural wear and tear.
g.	In the case of justified notices of defect, we undertake, at our discretion, either to deliver a new product or to remedy the defect free of charge. However, we are not obligated to do so if you yourself have already intervened or made changes to the product that make it more difficult to restore the defect-free item. We do not recognize any further claims. In particular, we do not provide compensation for additional expenses, installation and removal of spare parts, for operational disruptions or the like.

10. Liability

Claims that do not result from the above clauses or from mandatory, legal provisions, in particular claims for damages, are excluded. This applies unless we are charged with intent or gross negligence. This exclusion of liability refers to all types of damage. Insofar as we are liable for damages incurred in the area of slight negligence on the basis of mandatory, statutory provisions, our liability for damages shall be limited to the amount covered by our liability insurance.

11. Legal validity

a.	Should individual clauses of these GTC be or become invalid, this shall not affect the validity of the remaining clauses.

12. Applicable law, place of performance, place of jurisdiction

Luxembourg law is agreed for the contractual relationship between us and our customer. Place of performance for all our obligations arising from the contract is the specified delivery address of the customer. In the case of collection by the customer, the place of performance shall be the registered office of our company or the business premises agreed for collection. The place of jurisdiction is Luxembourg.