General Terms and Conditions (GTC) for Business Customers of Lehm-Laden GmbH & Co. KG (This translation is provided for information only; only the German version is legally binding.)
1. Scope
These General Terms and Conditions apply to all deliveries and services provided by Lehm-Laden GmbH & Co. KG to entrepreneurs within the meaning of § 14 BGB (German Civil Code). Deviating terms and conditions of the customer shall apply only if we have acknowledged them in writing.
2. Conclusion of the contract
A contract is concluded by our order confirmation or by delivery of the goods. Offers are subject to change and non-binding. In the case of offers created via Odoo, the contract is concluded when the customer accepts the offer using the confirmation function provided in Odoo.
3. Prices and terms of payment
All prices are net prices, plus statutory value added tax, shipping costs and, where applicable, packaging. Payment is made by advance payment, via external payment providers (e.g. PayPal) or, by agreement, on account (invoice). The terms and conditions of the respective payment service providers apply. When PayPal is used, its terms of use additionally apply ( https://www.paypal.com/de/webapps/mpp/ua/legalhub-full ).
Contractual notices and documents (e.g. order confirmations, invoices) may also be sent to the customer electronically (by e-mail or via the customer account).
4. Delivery
Deliveries outside Germany are possible on request. Any additional delivery costs, customs duties, taxes or import levies shall be borne by the customer. Delivery time and import regulations depend on the country of destination. Delivery is made subject to retention of title.
Delivery to islands is possible on request. The delivery costs incurred will be quoted individually.
If the goods are exported by the customer themselves, a subsequent refund of the German value added tax may be made, provided that the statutory requirements are met. A flat-rate processing fee will be charged for the processing and examination of this export certificate.
Collection after closing time shall only take place by prior written arrangement. The risk passes upon the goods being made available. The seller shall not be liable for damage caused by weather conditions or a lack of unloading facilities.
In the case of drop shipments (direct shipment from the manufacturer to the customer), the risk passes upon handover of the goods to the carrier, even if the shipment is made at the seller's expense.
We reserve the right to add one or more Euro pallets (exchange pallets) to an order, provided that the nature or packaging of the goods requires this for transport-related reasons. The number and type of pallets used will be documented on the delivery note.
The assessment of whether the place of delivery is accessible by lorry is the responsibility of the respective forwarding agent. Should access not be possible or reasonable from the forwarding agent's point of view (e.g. due to unpaved roads, lack of turning space or traffic restrictions), no delivery will take place. Any additional costs (e.g. for an unsuccessful delivery attempt, reloading, return transport or interim storage) shall be borne by the customer.
The decision regarding the accessibility of the construction site for vehicles and the possibility of unloading there is made exclusively by the forwarding company carrying out the delivery. If, in its view, safe and damage-free delivery is not possible, no delivery will be carried out. The resulting costs (e.g. for empty runs, waiting times, return transport or interim storage) shall be borne by the customer.
5. Retention of title
The goods delivered shall remain the property of Lehm-Laden GmbH & Co. KG until payment has been made in full. In the event of resale, the customer assigns its claim to us. Pledging or transfer by way of security is not permitted.
Loading aids (e.g. pallets) shall be returned to the seller by the customer at the customer's own expense. There is no obligation to exchange them upon delivery. The carrier is not obliged to carry out an exchange. If no exchange takes place, there shall be no entitlement to their being taken back or to reimbursement of costs.
6. Returns and taking back of goods
Goods may only be taken back if they are undamaged stock goods in their original packaging and only with our express consent. In this case, we shall charge a return fee amounting to 20 % of the value of the goods. Dry lime products in bags are, as a matter of principle, excluded from being taken back.
7. Warranty
The warranty period is one year from delivery. The customer shall inspect the goods without undue delay and give written notice of any defects within 2 working days. For defective goods, we shall, at our discretion, provide a replacement or carry out rectification.
8. Liability
Contractual penalties, conventional penalties and claims for lump-sum damages which are not based on an express, individual agreement are excluded.
We shall be liable in cases of intent and gross negligence. In cases of simple negligence, we shall be liable only for breach of material contractual obligations and only for the foreseeable damage typical of the contract. No liability is accepted for indirect damage, loss of profit or damage caused by improper use.
Statutory liability for injury to life, body or health and under the Produkthaftungsgesetz (German Product Liability Act) shall remain unaffected.
In the event of justified doubts as to the customer's solvency, we reserve the right to withhold orders that have already been confirmed or to withdraw from the contract.
9. Advice and technical information
Any advice we provide is non-binding and serves for general information purposes. Only the manufacturers' current data sheets and processing instructions are binding.
Individual prices, graduated prices and special conditions are confidential and may not be disclosed to third parties.
10. Final provisions
These General Terms and Conditions shall also apply to all future transactions with the customer, even if they are not expressly agreed again.
German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Dannenberg/Elbe. Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.
Last updated: April 2025