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I. Conclusion of contracts

We exclusively deliver our products on the basis of the following delivery conditions. All of our quotes are subject to change. A contract is only concluded upon written confirmation or delivery from us.
All contracts are concluded specifically and exclusively for the stated delivery dates, quantities and types of products. Prices indicated are non-binding and may be subject to change at short notice i.e. in the event of a change in the underlying costs prevailing at the time of conclusion of the contract, prices may be increased accordingly.
Deviation from the terms specified in the issued order require mutual consent. Verbal agreements only become valid upon our written confirmation.
Any purchasing conditions on part of the buyer are to be considered invalid if they contradict our delivery conditions. Such conditions only become binding upon our explicit, written consent.

II. Prices, delivery volumes and partial deliveries

Unless explicitly agreed otherwise, prices are calculated on the basis of weight.
Complaints about excess deliveries or underdeliveries of up to five per cent of the volume specified in the supply contract cannot be accepted for technical reasons.
Follow-up orders are considered new orders. New prices must be arranged for them.
For products that are wound onto coils for technical reasons, the coils are taken into account for the price calculation.
We are entitled to ship orders as partial deliveries. In this case, the actually delivered quantities are subtracted from the overall volume specified in the contract.
Unless specified otherwise in the contract, the buyer must retrieve partial deliveries at least 2 weeks before the desired delivery date.
If the buyer does not retrieve the goods in a timely fashion, we are entitled to specify a suitable period of grace and/or store the goods at the buyer’s expense and risk. If the buyer does not comply with this period of grace, we are entitled to either offer the not yet retrieved part of the overall order for sale at our reasonable discretion, in consideration of the interests of the buyer and upon notification, or withdraw from the contract, or request compensation for non-fulfilment.

III. Dispatch and transfer of risk

Goods are always dispatched at the expense and risk of the recipient, even when we agree in writing to cover the shipping costs.
The risk of deterioration or loss of the goods is transferred to the buyer as soon as the goods are handed over to the shipper.
Insurance of the goods against damage during transportation is only provided upon written request and at the buyer’s expense.

IV. Payment terms

An invoice is created on the day of delivery or provision of the goods.
Unless agreed otherwise, the invoice must be settled in full within 30 days of the date of creation.
In case of a default in payment, we are entitled to withhold deliveries and withdraw from the contract following a reasonable deadline.
If bills of exchange are accepted as payment, payment will only be considered complete after the bills have been redeemed. All exchange costs shall be borne by the buyer. The term of the bills of exchange must not exceed 3 months.
If we become aware of a considerable deterioration of the buyer’s financial situation upon conclusion of a contract – regardless of when this deterioration actually occurred –, we are entitled to demand advance payment and securities and withhold delivery until our demands are met. The same applies if the buyer falls behind on other duties, regardless of the legal cause. If the buyer refuses to comply with these demands, we are entitled to withdraw from the contract and demand compensation for non-fulfilment.

V. Performance of deliveries

The delivery period shall be deemed to have been complied with if delivery is made within the calendar week specified, provided that no precise date of delivery has been agreed upon in writing.
The delivery period shall be deemed to have been complied with if the goods to be delivered have left our facilities or, in case of collection, have been made available for collection before the expiry of this period.
If unforeseen obstacles occur that cannot be prevented by us in spite of reasonable care given the circumstances of the event, the delivery period shall be suitably extended.
If the delivery period is extended for the aforementioned reasons, the buyer is not entitled to claims on this basis. If the aforementioned circumstances occur on the buyer’s side, the same legal consequences also apply to the buyer’s duties. In such a case, the buyer must immediately inform us about the circumstances in question.

VI. Retention of property

The delivered goods remain in our possession until all obligations of the business relationship are fulfilled and, in particular, until all bill liability for all current business transactions has expired.
Processing and transformation of our goods shall always be carried out by us as the supplier, but without any liability on our part. If the goods delivered by us are inseparably connected or mixed with goods that are the property of other suppliers or the buyer, we will acquire co-ownership of the new item in proportion with the invoiced sum.
Unless our contract partner is behind on payment, they are entitled to process and distribute the reserved goods in the ordinary course of business. Pledging or assigning of goods is not permissible. Any claims against third parties resulting from the resale of the reserved goods are – in case of resale after processing or mixing, in part – transferred from the buyer to us with immediate effect for security purposes.
The right to processing and resale applies until our explicit revocation, and it is automatically revoked as soon as insolvency proceedings pertaining to the assets of the buyer are initiated.
The seizing or redemption of goods due to the retention of title does not entail withdrawal from the contract. The buyer shall bear all costs for the redemption and recovery of the subject matter of the contract.
The buyer is obliged to insure the goods sufficiently against fire, theft, water and other damage.

VII. Defects in the delivered goods

The buyer may only process the delivered goods after determining by way of testing the quality and suitability of the goods for their intended purpose, using the samples provided by us.
We do not offer a quality agreement or any guarantee for the suitability of the goods for any specific purpose, unless an explicit deviating agreement is made in writing.
Any complaint must be submitted immediately after receipt of the respective delivery, and complaints are only taken into consideration if they are submitted immediately in case of obvious defects or within 10 working days in case of all other defects in writing and with a detailed explanation of the defect in question. The legal obligations of the buyer remain unaffected by this in accordance with Sections 377, 378 of the German Commercial Code (HGB).
Slight commercially accepted or technically unavoidable deviations from the agreed specified terms of quality must not be the subject of complaints.
If the goods delivered by us are defective, we are entitled to choose the type of rectification (replacement, repair) in consideration of the type of defect and the justified interests of the buyer.
If efforts to repair the defect fail, the buyer shall be entitled to withdraw from the contract or demand a reduction in price, provided that the defect in question is considerable.
Goods for which a complaint has been made may only be returned to us upon our written consent. If we fail to respond to a complaint raised under the threat of return within 10 days of submission, however, the buyer shall be entitled to return the goods in question; this does not automatically entail that the buyer’s complaint has been accepted.
Any claims of the buyer that are based on defects in our goods shall come under the statute of limitation after one year after the transfer of risk in accordance with Clause IV of the present Terms and Conditions, unless the law stipulates longer deadlines, especially on account of potential recourse claims on part of the buyer in accordance with Sections 478, 479 of the German Civil Code (BGB).
Claims for damages are governed by Clause VIII.

VIII. Limitation of liability

We shall only be liable for the breach of contractual and extra-contractual obligations – also on part of our vicarious agents – in cases of gross negligence at the least, limited to the foreseeable typical contractual damages at the time the contract was concluded.
These limitations do not apply to culpable violations of essential contractual duties (cardinal duties), provided that the attainment of the contract purpose was jeopardised or a risk to life, limb and health was caused.
Liability according to the German Product Liability Law (ProdHaftG) also remains unaffected by these provisions.

IX. Data protection

Within the scope of the business relationship, we are entitled to store data in our IT system and process them to the extent required to complete the business relationship. Read more.

X. Place of contractual fulfilment and court of jurisdiction

The place of contractual fulfilment for delivery and payment is our factory in Nettetal.
Depending on the sum in dispute, the court of jurisdiction is the Nettetal county court or the Krefeld regional court. We are, however, entitled to pursue legal proceedings against the buyer at their general court of jurisdiction.
The law of the Federal Republic of Germany shall apply. If the buyer’s headquarters are located abroad and the goods are delivered abroad, the United Nations Convention on Contracts for the International Sale of Goods (CISG) dated 11/04/1980 will apply first – supplemented by German law.

XI. Other

For deliveries to other EU member state, the buyer is obliged to disclose their VAT ID to us prior to delivery. If the buyer fails to adhere to this rule, they are obliged to reimburse us for the legally specified amount of value-added tax payable by us in addition to the agreed-upon purchase price.
If any terms of these general sales and delivery conditions are or become invalid, the remaining terms will remain unaffected.

valid as of 23/12/2008

The Wedo wick-configurator

To ensure the best possible burning results, the wick must be well adapted to the candle system in question. Our wick-configurator allows you to easily define key candle parameters – it then automatically lists a number of suitable wicks for testing.

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Westdeutsche Dochtfabrik GmbH & Co. KG
Ravensstr. 46, 41334 Nettetal
Mailbox 25 46, 41312 Nettetal

Tel.: +49 2157 1206 - 0

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