GENERAL TERMS AND CONDITIONS
of
Risto Metallverarbeitung GmbH
Zum Schlahn 12 – 14
51709 Marienheide
Germany
📞 Phone: +49 2264 200995-0
🌍 Website: www.risto.de
📧 Email: info@risto.de
1. OFFER
1.1 Offers from the SUPPLIER are non-binding and subject to change unless they are expressly designated as binding and include a specific acceptance deadline. Orders are legally binding offers to conclude a contract. An order is only considered accepted, and the scope of delivery defined, once confirmed in writing by the SUPPLIER. This can also be done via a delivery note or an invoice. The SUPPLIER has 14 days after receiving an order to accept it. In the case of immediate delivery orders, even if placed orally or by telephone, the SUPPLIER’S TERMS are deemed accepted, with the delivery note or invoice serving as confirmation. Side agreements and changes to the agreed delivery scope are only valid if confirmed in writing by the SUPPLIER. Fax or email transmission is sufficient for compliance with the written form requirement.
1.2 Documents related to the SUPPLIER’S offer, including images, drawings, weights, and measurements, are only approximate unless explicitly designated as binding. The SUPPLIER retains unrestricted ownership and copyright for cost estimates, drawings, and other physical or digital information (hereinafter „Information“). These must not be disclosed to third parties, used, duplicated, or modified without written permission from the SUPPLIER. The BUYER may only use the information for contractual purposes and must return it upon request, destroying all copies unless legally required to retain them.
1.3 The written contract, including these SUPPLIER TERMS and the order confirmation, represents the full agreement between the SUPPLIER and the BUYER. Any oral promises or modifications are legally non-binding unless explicitly agreed otherwise in writing.
2. PRICES AND PAYMENT
2.1 Prices are EXW D-51709 Marienheide (Incoterms 2010), excluding packaging and applicable VAT. The SUPPLIER’S current price list applies.
2.2 Payment must be made as follows:
a) Services and spare parts are payable without deductions within 10 days of receiving the invoice. The minimum order value is €100; orders below this amount incur a €10 handling fee. Shipping costs depend on weight. Large or bulky items are subject to additional charges. Payments can be made via advance payment or invoice, with the SUPPLIER reserving the right to exclude certain payment methods.
b) Risto Farmshop Factory orders:
- 40% deposit within 10 days of receiving the order confirmation.
- 50% upon notice of readiness for delivery, payable within 10 days of receiving the invoice.
- 10% within 10 days after delivery or acceptance (whichever comes first).
c) Milk vending machines, product vending machines, and pasteurizers:
- 50% deposit within 10 days of receiving the order confirmation.
- 50% upon notice of readiness for delivery, payable within 10 days of receiving the invoice.
d) If payment deadlines are missed, the BUYER is automatically in default without the need for a reminder.
e) Timely payment is determined by when the SUPPLIER receives the funds.
2.3 The BUYER may only withhold payments or offset claims if their counterclaims are undisputed or legally established.
2.4 If the SUPPLIER learns of a significant deterioration in the BUYER’S financial condition, which could endanger payment obligations, the SUPPLIER may withhold deliveries until payment or security is provided. If this deadline expires, the SUPPLIER may withdraw from the contract.
2.5 If delivery occurs more than four months after contract signing, the SUPPLIER reserves the right to adjust prices due to wage or material cost increases.
2.6 For intra-community deliveries, the BUYER must provide a VAT ID number and all necessary documents to verify tax exemption. If not provided, the SUPPLIER may charge VAT. If the BUYER provides false information, they must indemnify the SUPPLIER from any resulting tax liabilities.
3. DELIVERY TIME, DELAYS, AND OTHER DELIVERY TERMS
3.1 The delivery period begins once the order confirmation is sent but not before receiving all required documents, specifications, permits, approvals, and advance payments.
3.2 Delivery is considered on time if the goods have left the warehouse or the BUYER has been notified of shipping readiness before the deadline.
3.3 Delivery times are approximate unless explicitly confirmed as binding in writing.
3.4 In cases of force majeure or unforeseen events beyond the SUPPLIER’S control (e.g., strikes, supply chain disruptions, pandemics, government restrictions), delivery deadlines are extended accordingly. If delivery becomes impossible, the SUPPLIER may withdraw from the contract.
3.5 If the BUYER is entitled to compensation for delay, it is limited to 0.25% per week, up to a maximum of 2.5% of the undelivered portion’s value.
3.6 If the BUYER fails to accept delivery, the SUPPLIER may charge storage fees of 0.5% of the invoice amount per month.
3.7 If the BUYER does not accept the goods despite a 4-week grace period, the SUPPLIER may withdraw from the contract and claim damages.
4. TRANSFER OF RISK, ACCEPTANCE, AND INSTALLATION WORK
4.1 Risk transfers to the BUYER when the goods leave the warehouse, even if partial deliveries occur.
4.2 If shipping is delayed due to the BUYER, risk transfers on the date of shipping readiness notification.
4.3 Delivered goods must be accepted even if minor defects are present.
4.4 The SUPPLIER is only obligated to perform installation, commissioning, or training if explicitly agreed in writing.
5. RETENTION OF TITLE
5.1 The SUPPLIER retains ownership of all delivered goods until full payment is received.
5.2 If the BUYER resells goods, they assign all claims from the resale to the SUPPLIER as security.
5.3 If the BUYER defaults or becomes insolvent, the SUPPLIER may reclaim goods.
6. WARRANTY AND LIABILITY
6.1 The SUPPLIER warrants goods to be free of defects at the time of transfer. Defects must be reported in writing within 7 working days of discovery.
6.2 In the case of a valid warranty claim, the SUPPLIER will repair or replace the defective goods.
6.3 The SUPPLIER is not liable for:
- Improper use, assembly, or maintenance.
- Normal wear and tear.
- Modifications made by the BUYER.
6.4 Warranty period:
- New machines: 12 months
- Spare parts: 6 months
- Used goods: No warranty for business customers.
7. JURISDICTION AND APPLICABLE LAW
7.1 The contract is subject to German law.
7.2 The place of jurisdiction is Gummersbach or Cologne, Germany.
8. RIGHT OF WITHDRAWAL
Only applicable for distance contracts. If a return is granted, the BUYER bears all return shipping costs.
9. DATA PROTECTION
Personal data is collected, stored, and processed according to German data protection laws. The BUYER may request deletion, correction, or information on stored data.