AGB - Conditions
3. Prices
3.1
All prices are as agreed and exclusive value added tax in euros, unless another currency has been agreed with the customer. Payments may only be made in the agreed currency.
3.2
There is agreement between GM and the customer that not all goods that are the subject of the contract are produced by GM in stock. Thus, between the conclusion of the contract and the delivery of the goods, circumstances may occur which significantly increase the production costs and delivery times of the goods to be produced and could not be taken into account in the underlying price calculation at the time of conclusion of the contract.
For individual orders, the comparison period begins on the day of the order and runs until the day of the agreed delivery.
3.3
GM will inform the customer in writing about the desired price increases according to the above provisions in point 3.2 of these terms and conditions. The customer has the right, within 10 calendar days from written information of the respective individual contract or standing order (in both cases only with regard to deliveries not yet received or partial deliveries) if he does not accept the increased net fee according to the above provisions. GM may also unilaterally avert such withdrawal by the customer if GM waives the net fee increase resulting from the above provisions in writing within 10 calendar days from receipt of the termination by the customer.
3.4
Unless otherwise agreed in writing by the GM (in particular in the form of INCOTERMS), the prices stated and confirmed in the non-binding cost estimates are deemed to be customs cleared, including standard packaging, loading, transport costs, based on 30 days net. Any additional costs incurred by the customer shall be carry.
3.5
If a currency other than Euro (or the local currency at GM’s location) has been agreed with the customer and values that currency against the Euro (or the local currency at GM’s location) after conclusion of the contract to the extent of 5 percent or more compared to the time of conclusion of the contract, the net fee increases in accordance with this devaluation. GM may invoice a corresponding (nominal) price increase at the latest with the transmission of the invoice.
3.6
Unless expressly confirmed in the order confirmation or otherwise agreed, subject to the above provisions on price adjustments due to an increase in production costs and/or devaluation, the prices of GM valid at the time of the order confirmation, including the surcharges and discounts stated therein. The prices shown in the cost estimates of GM or on the GM digital platform are not binding for GM and are in any case subject to adjustment by GM in the event of obvious errors.
3.7
Deviations of the invoiced price from that in the order confirmation, if they result from contractual service fees such as storage fees or supply quantity increases/ reductions, are to be accepted by the customer.
3.8
Call orders are bound to the existence of a valid storage agreement, which must be agreed separately between GM and the customer.