General Terms and Conditions (GTC)
Rudolf Rost Plywood
As at 01.01.2025
1. scope
1.1. These General Terms and Conditions apply in addition to the customs in the timber trade (Tegernseer customs) for all contracts, deliveries, purchases and sales, other services - including consulting services provided here, insofar as these are not the subject of an independent consulting contract - in business transactions with all business partners (buyers, suppliers, sellers, customers), who are not consumers within the meaning of § 13 BGB.
1.2. Deviating conditions, in particular in the general terms and conditions of our business partners, are hereby contradicted.
1.3. In the context of an ongoing business relationship between merchants, these GTC become part of the contract even if Rudolf Rost Plywood GmbH has not expressly pointed out their inclusion in individual cases. They therefore also apply to future orders / transactions.
2. Offer and conclusion of contract
2.1. The ‘offers’ contained in the catalogues and sales documents of Rudolf Rost Plywood GmbH and on the Internet are always subject to change and should only be understood as an invitation to submit an offer.
2.2. Orders from business partners shall be deemed accepted if they are either confirmed in writing by Rudolf Rost Plywood GmbH or executed immediately after receipt of the order. Then the invoice is considered as an order confirmation.
2.3. Orders from Rudolf Rost Plywood GmbH to business partners must be confirmed by them immediately in writing, stating the required delivery time. If Rudolf Rost Plywood GmbH does not receive written confirmation within one week of the order date, the order shall be deemed not to have been placed.
3. Deliveries by Rudolf Rost Plywood GmbH
3.1. Partial deliveries are permitted.
3.2. An agreed delivery period shall be extended appropriately - even within a delay - for all unforeseeable obstacles that occurred after conclusion of the contract, which Rudolf Rost Plywood GmbH is not responsible for (in particular also operational disruptions, strikes, lockouts or disruptions of traffic routes), insofar as such obstacles can be proven to have a significant influence on the delivery of the sold item. This also applies if these circumstances occur with the suppliers of Rudolf Rost Plywood GmbH and their sub-suppliers.
3.3. Rudolf Rost Plywood GmbH shall immediately inform the business partner of the beginning and end of such obstacles. The latter may require Rudolf Rost Plywood GmbH to explain whether Rudolf Rost Plywood GmbH intends to withdraw or deliver within a reasonable period of time after the obstacle has ceased to exist. If Rudolf Rost Plywood GmbH does not declare itself immediately, the business partner may withdraw. Claims for damages are excluded in this case.
3.4. Rudolf Rost Plywood GmbH is only liable with regard to timely delivery in case of intent and gross negligence.
3.5. In the event of a delay in delivery, the business partner is obliged, at the request of Rudolf Rost Plywood GmbH, to declare in writing within a period of one week whether he still insists on delivery or withdraws from the contract due to the delay and/or demands damages instead of performance. If no written declaration is made in due time, Rudolf Rost Plywood GmbH can either fulfil the contract or withdraw from it.
3.6. The goods are delivered unpacked and not protected against rust. If commercially available, we deliver packaged. In our experience, we take care of packaging, protective and/or transport aids at the expense of the buyer. They will be returned to our warehouse within a reasonable period of time. We do not assume the costs of the buyer for the return transport or own disposal of the packaging.
3.7. Reusable packaging (frames, wooden boxes, lattice boxes, etc.) will be provided on loan for a maximum of 3 months and will only be charged at cost if they are not returned freight-free within the 3 months in perfect condition
4. Deliveries to Rudolf Rost Plywood GmbH
4.1. Unless otherwise stipulated, the business partner shall carry out all deliveries in accordance with the standard quality and labelling provisions of the ordered goods.
4.2. The business partner guarantees that the delivered goods comply with the legal and official provisions applicable to their distribution and use and do not violate the rights of third parties.
4.3. If the delivery by a business partner is not made within the agreed period, Rudolf Rost Plywood GmbH is not obliged to set a grace period, but is directly entitled to refuse further performance of the contract, to withdraw from the contract and / or to demand damages. Rudolf Rost Plywood GmbH can recognise partial deliveries that have already taken place without losing the rights with regard to partial deliveries that have not taken place in due time.
4.4. Delivery is at the expense and risk of the business partner to Rudolf Rost Plywood GmbH or to the (customer) address specified in the order. In the last case, the attached delivery note must be returned by the recipient to Rudolf Rost Plywood GmbH. Insofar as Rudolf Rost Plywood GmbH has not received this acknowledgement of receipt, the goods shall not be deemed to have been delivered or accepted.
5. Protection of competition
5.1. If Rudolf Rost Plywood GmbH discloses to the business partner the recipient of the ordered goods, the business partner acknowledges the absolute customer protection against the recipient in favour of Rudolf Rost Plywood GmbH for these and all future deliveries.% to demand the net selling price of the goods that have been / will be delivered in violation of customer protection. Rudolf Rost Plywood GmbH reserves the right to assert further damages.
6. Passing of risk / acceptance obligation
6.1. With the provision of the goods at the agreed place of delivery by Rudolf Rost Plywood GmbH, the risk, including the risk of accidental loss of the goods, passes to the business partner.
6.2. Rudolf Rost Plywood GmbH is not obliged to accept delivered goods in the event of force majeure, war, cessation of production through no fault of its own, unforeseen events and official measures for which Rudolf Rost Plywood GmbH is not responsible, which have an influence on the production.
7. Prices / Payment / Offsetting / Withdrawal
7.1. All prices are net without statutory value added tax. Discounts are not granted.
7.2. Rudolf Rost Plywood GmbH makes payments by sending clearing checks or by bank transfer.
7.3. Payments by the business partners are due immediately upon receipt of the goods without deduction. In this respect, Rudolf Rost Plywood GmbH is also entitled to draw up corresponding partial invoices in the event of the provision of partial deliveries (compare item 3 a) and to demand immediate payment in accordance with sentence 1.
7.4. Cheques are always accepted for payment, not in lieu of payment. In the event of a cheque protest, Rudolf Rost Plywood GmbH may demand immediate cash payment, one by one, against the return of the cheque.
7.5. Offsetting is only permitted with claims of the business partners recognized, undisputed or legally established by Rudolf Rost Plywood GmbH.
7.6. In the event that the business partner provides Rudolf Rost Plywood GmbH with false information about his creditworthiness or the creditworthiness of the business partner is objectively lacking and thus the payment claims of Rudolf Rost Plywood GmbH are endangered, Rudolf Rost Plywood GmbH reserves the right to withdraw from the contract. The creditworthiness is objectively lacking in particular, not exhaustively enumerated, if foreclosure measures are taken against the business partner, insolvency proceedings are opened or insolvency proceedings are rejected for lack of assets.
7.7. If an item ordered by the customer is not available because Rudolf Rost Plywood GmbH is not supplied by his supplier without his fault despite his contractual obligation, Rudolf Rost Plywood GmbH is entitled to withdraw from the contract. In this case, Rudolf Rost Plywood GmbH will immediately inform the customer that the ordered goods are no longer available and will immediately reimburse any services already provided.
8. Retention of title
8.1. Rudolf Rost Plywood GmbH reserves the ownership of sold goods until full payment of the purchase price.
8.2. If the reserved goods are processed by the business partner into a new movable object, the processing takes place for Rudolf Rost Plywood GmbH, without Rudolf Rost Plywood GmbH being obliged to do so; the new item becomes the property of Rudolf Rost Plywood GmbH.
8.3. Insofar as Rudolf Rost Plywood GmbH does not acquire (co-)ownership in accordance with §§ 947 et seq. of the German Civil Code (BGB), the business partner already now transfers (co-)ownership to Rudolf Rost Plywood GmbH in accordance with the ratio of the value of the reserved goods to the other goods at the time of connection/processing. The business partner shall store the reserved goods (co-)owned by Rudolf Rost Plywood GmbH free of charge.
8.4. The business partner is entitled and authorized to resell, use or install the reserved goods only in the normal course of business and only with the proviso that the claims arising from the resale / use / installation in the amount of the value of the reserved goods with all ancillary rights and rank before the rest are already now assigned by the business partner to Rudolf Rost Plywood GmbH; Rudolf Rost Plywood GmbH accepts the assignment. The value of the goods subject to retention of title shall be deemed to be the invoice amount of Rudolf Rost Plywood GmbH, which, however, remains out of account to the extent that it is contrary to the rights of third parties.
8.5. If the resold reserved goods are co-owned by Rudolf Rost Plywood GmbH, the assignment of the claims shall extend to the amount corresponding to the share value of Rudolf Rost Plywood GmbH in the co-ownership. The business partner is revocably entitled and obliged to collect the assigned claims, unless the business partner does not meet its payment obligations.
8.6. The business partner Rudolf Rost Plywood GmbH must immediately inform about foreclosure measures of third parties in the reserved goods or in the assigned claims by handing over the documents necessary for the objection.
8.7. Upon cessation of payment and/or application for the opening of insolvency proceedings, the right to resell, use or install the reserved goods or the authorisation to collect the assigned claims expires. This does not apply to the rights of the insolvency administrator.
8.8. If the value of the collateral granted exceeds the claims (reduced by advances and instalments if necessary) by more than 20%where appropriate, the securities shall be released on a pro rata basis.
9. Default
9.1. If the business partner is in default of payment, Rudolf Rost Plywood GmbH is entitled to take the goods back after a written reminder to the business partner and to enter the business partner's premises / to have them entered by their representatives and to take the goods away. This return of the goods is not a withdrawal from the contract.
9.2. If the business partner has agreed to collect the goods at the registered office of Rudolf Rost Plywood GmbH, this obligation shall be delayed as soon as the agreed collection date has been exceeded by more than 1 week. For the duration of the delay, the business partner is obliged to pay Rudolf Rost Plywood GmbH a storage fee in the usual local amount. It is calculated per week started and is to be paid monthly retrospectively. Upon collection of the goods, the remaining amount of the storage money is due for payment. Rudolf Rost Plywood GmbH is entitled to return the goods only on a train-to-train basis against full payment compensation.
9.3. Rudolf Rost Sperrholz GmbH is entitled to demand interest in the event of default in payment in the amount of the usual bank interest for the contractual or tolerated overdraft of current accounts, but at least in the amount of statutory default interest.
10. Wood properties
10.1. Wood is a natural product; its natural characteristics, deviations and characteristics must therefore always be taken into account. In particular, the business partner must take the biological, physical and chemical properties into account when purchasing and using the product. The range of natural colour, structure and other differences within a species of wood is one of the characteristics of the natural product wood and does not constitute any grounds for complaint or liability.
11. Defects / warranty / limitation period
11.1. Rudolf Rost Plywood GmbH is not obliged to accept replacement deliveries for defective goods, but is entitled to demand subsequent delivery.
11.2. Claims of Rudolf Rost Plywood GmbH for reduction, damages and other legal rights due to defects are not affected by resale and processing of the goods. This applies regardless of the time at which the defects are detected.
11.3. Risks of suitability and use lie with the buyer. For complaints about defects, reference is made to the applicable Tegernseer customs. In the case of mutual commercial transactions between merchants, Section 377 of the German Commercial Code (HGB) shall remain unaffected.
11.4. If complaints are correct, Rudolf Rost Plywood GmbH is entitled to determine the type of supplementary performance (replacement delivery, repair) taking into account the nature of the defect and the legitimate interests of the business partner.
11.5. If a right of retention is asserted due to defects or other complaints, this may only be done by Rudolf Rost Plywood GmbH and the business partner to an extent appropriate to the defect / complaint. In the event of a dispute, an expert appointed by the CCI / HK at the place of the goods shall decide on the appropriateness of the amount. It should also decide on the distribution of the costs of its intervention at its reasonable discretion. The decisions of the expert shall be final and binding on the Parties.
11.6. The business partner Rudolf Rost Plywood GmbH has to inform immediately about a warranty case that occurs with a consumer.
11.7. Claims for material defects become statute-barred in 12 months. This does not apply if longer periods are prescribed by law, in particular in §§ 438(1)(2) BGB (buildings and objects for buildings), § 479(1) BGB (right of recourse) and § 634a(1)(2) BGB (tree defects).
12. Product liability
12.1. Claims for product and producer liability are governed exclusively by German law. Business partners are obliged to indemnify Rudolf Rost Plywood GmbH from all claims arising from product and producer liability.
13. Limitation of liability
13.1. Claims for damages and reimbursement of expenses of the business partners against Rudolf Rost Plywood GmbH, regardless of the legal reason, are excluded.
13.2. In case of intent and gross negligence, however, Rudolf Rost Plywood GmbH is liable without limitation.
13.3. In the event of negligence, Rudolf Rost Plywood GmbH is only liable for the breach of essential obligations that jeopardize the achievement of the purpose of the contract, or the fulfilment of which makes the proper execution of the contract possible and on whose compliance the business partner may regularly rely. Liability is limited to the foreseeable damage typical of the contract at the time of conclusion of the contract.
13.4. Insofar as the liability of Rudolf Rost Plywood GmbH is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
13.5. The limitations of liability do not apply in the case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of a product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
14. Data storage
14.1. Business partners are hereby informed that Rudolf Rost Plywood GmbH stores and processes the personal data obtained in the course of the business relationship in accordance with the provisions of the Federal Data Protection Act. In addition, the separately available data protection information must be observed.
15. works
15.1. For all construction services, including assembly, the procurement and contract regulations for construction services (VOB, parts B and C) apply in the version valid at the time of conclusion of the contract, insofar as the contract is awarded by a contractual partner active in the construction industry.
16. Other agreements
16.1. Rellingen is agreed as the place of performance for deliveries (including any subsequent or replacement deliveries) and payments.
16.2. Depending on the substantive jurisdiction, the place of jurisdiction is the Amtsgericht Hamburg (Local Court, Hamburg). However, Rudolf Rost Plywood GmbH reserves the right to sue business partners at their registered office.
16.3. Employees of Rudolf Rost Plywood GmbH are not entitled to make verbal agreements. These always require written confirmation in order to be effective.
16.4. German law shall apply exclusively to business relations between the contracting parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
17. Severability clause
17.1. Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining clauses shall not be affected thereby.
17.2. The invalid or unenforceable provision shall be replaced by the effective and enforceable provision whose effects are closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
As at 01.01.2025
