AGB - Conditions

 

4. Terms of payment

 

4.1

The customer is only entitled to offset against undisputed or legally binding claims and warranty claims. Otherwise, payments must be made 5 days atfer delivery without deduction within 30 days from the invoice date, unless otherwise in writing or in writing. expressly agreed upon via the GM digital platform. the present General Terms and Conditions shall be the place of performance for the payment of the registered office of GM. Bills of exchange and cheques as means of payment as well as discounts as deductions are only accepted by GM if expressly approved in the invoice. Payment instructions, bills of exchange and cheques are not accepted in place of performance, but only on account of performance. In the case of payment by means of money orders, bills of exchange and cheques, payment shall only be effected upon the value of the bank credit note. Bank charges are to be borne by the customer and GM accepts no liability for timely submission.

 

4.2

In the event of late payment, interest on arrears amounting to 700 basis points above the 3-month EURIBOR rate of the invoiced currency shall be taken into account by anno. GM is also entitled to compensation for all costs incurred in connection with reminders, debt collection, inquiries and investigations as well as legal advice.

 

4.3
If there are outstanding accounts receivable from deliveries in respect of which ownership of the delivered goods has passed, incoming payments must first be offset against these accounts receivable and only after their complete coverage against accounts receivable, for the retention of title still exists. Partial payments by the customer must first be offset against accrued costs and other ancillary fees (e.g., default interest, dunning charges), only then against outstanding accounts receivable from deliveries. Other payment instructions of the customer are invalid.

4.4
GM shall be deemed to have incurred a material deterioration in the Customer’s financial position after the date of the order confirmation or, in the event of the cancellation or reduction in the amount of the credit insurance for the respective Customer, notwithstanding any deferment or acceptance of bills of exchange or checks before production, the full or partial payment of the purchase price or. require the Customer to provide additional collateral at GM’s discretion. If the customer does not comply with this claim, GM is entitled to withdraw from the respective individual contract, but also from standing orders, by setting a reasonable grace period.

4.5
To the extent permitted by law, GM shall be entitled to terminate this contract prematurely for good cause with simultaneous demand for correction of all outstanding payment claims, if the customer or a third party applies for the opening of insolvency proceedings on the customer’s assets or if the customer is generally no longer able to meet his payment obligations or the customer is over indebted according to his balance sheet.