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General terms and conditions of business for liquefied petroleum gas trade business (trade GTCs)

(Valid as of: 2014)

 

1. Scope of validity

These terms and conditions of business apply to all deliveries and services rendered by Tyczka. Other terms and conditions of business shall constitute part of the contract only if they have been confirmed in writing by Tyczka.

2. Quotes and prices

Quotes from Tyczka are non-binding.

Price specifications are generally net plus statutory VAT.

3. Payment, default

Invoices are due immediately without deduction. Periodically recurrent payments (in particular rent payments and instalments) for which Tyczka does not issue an invoice shall be paid by the agreed date and at the latest once the period in question expires. They shall be paid without deduction.

The customer is only entitled to offset amounts due if the customer's counterclaims are undisputed or legally binding.

Tyczka is entitled to levy an arrears fee of EUR 5.00 for each written reminder sent to a customer. The customer is liable for the bank charges incurred due to unauthorized returned direct debits owed by the customer.

If the customer defaults upon payment, Tyczka is entitled to withhold other deliveries and services and to extend agreed delivery dates until the payment default has been rectified. Further rights on the part of Tyczka regarding default by the customer remain unaffected.

Tyczka is entitled to freely choose the form of invoice transmission.

The invoice can be sent by post or electronically by e-mail. Compliance with legal requirements is assured.

SEPA direct debits: The pre-notification period changes to the contractually agreed payment term and is an integral part of our invoice.

4. Retention of title

Tyczka retains title of the delivered goods until they have been paid for in full.

If the customer behaves in a manner that is in breach of contract, and especially in the case of arrears, Tyczka is entitled to take back goods following a notice period and the customer is obliged to return them.

The assertion of retention of title and the seizure of delivery items by Tyczka shall not constitute withdrawal from the contract.

The customer is entitled to sell on the delivered goods during the ordinary course of business. However, the customer relinquishes to Tyczka here and now all receivables to the value of the purchase prices agreed between Tyczka and the customer (including VAT) due to the customer as a result of the resale, regardless of whether the delivered goods are sold on with or without further processing. The customer remains entitled to collect such receivables after relinquishing them. This shall not affect Tyczka's right to collect the receivables. However, Tyczka is not allowed to collect the receivables as long as the customer meets his payment obligations and is not in payment arrears. Nevertheless, if this is the case, Tyczka can demand that the customer disclose the relinquished receivables along with their debtors, provide all information necessary to collect these receivables, hand over the corresponding documentation, and communicate the relinquishment of rights to the debtors (third parties).

The processing or restructuring of the goods by the customer is always carried out for Tyczka. If the delivered goods are processed along with other items that do not belong to Tyczka, Tyczka acquires co-ownership of the new items in accordance with the ratio between the value of the delivered goods and the other processed items at the time of processing.

If the delivered goods are inseparably mixed with other items that do not belong to Tyczka, Tyczka acquires co-ownership of the new items in accordance with the ratio between the value of the delivered goods and the other mixed items. The customer safeguards the co-ownership for Tyczka.

The customer is not allowed to pledge the delivered goods or to assign them as security. In the case of garnishments, sequestration, or other dispositions by a third party, the customer must inform Tyczka without delay and must provide Tyczka with all of the information and documentation required in order to protect the rights of Tyczka. Third parties and - in particular - executory officers must be notified of Tyczka's ownership.

Tyczka is obliged to release the securities to which Tyczka is entitled at the request of the customer if and to the extent that these securities exceed the value of the receivables to be secured - if these are not yet settled - by more than 20%.

5. Delivery

Tyczka is entitled to make partial deliveries. Tyczka is only bound to specific delivery dates if a fixed transaction has been agreed to in writing or in the form of text. Furthermore, specifications made by Tyczka on delivery periods and input temperatures are non-binding.

By placing an order for the delivery of liquefied petroleum gas, the customer promises to observe all applicable safety regulations for the storage, discharging, and use of liquefied petroleum gas and asserts that the delivered liquefied petroleum gas will only be used to supply and operate installations and devices that have been checked in accordance with regulations in the intended period and that have been found to be in order.

The determination of the quantities to be used for the calculation shall take place in the supply factory or delivery warehouse for goods and using suitable measurement devices in the case of deliveries using a road tanker.

If the purchaser has to provide means of transport and transport containers, these must be sent to the agreed filling point at the purchaser's own risk at the right time, freight and expenses paid. Tyczka can send damaged means of transport and transport containers back to the purchaser at the purchaser's own risk and cost and can provide and dispatch Tyczka's own means of transport and transport containers or rented means of transport and transport containers in exchange for an appropriate fee. Tyczka is not liable for the contamination of goods or for other damage resulting from dirty means of transport and containers provided by the purchaser or resulting from other insufficient qualities.

a) Delivery by ship (or barge)
For delivery by ship, the contract conditions agreed on a case-by-case basis shall apply.

b) Delivery in rail tank wagon
The delivery shall take place in tank wagons provided by Tyczka with a capacity of up to 45 t, carriage paid to the transition point from the used railways to the customer. Any delivery charges incurred after the transition point shall be borne by the recipient.

Unless a deviating agreement or separate regulations have been made on a case-by-case basis with regard to rent, EUR 40 per calendar day or part thereof and per tank wagon - regardless of the type and size - shall be due as of the date of handover to the transition point until the tank wagon arrives at the point of receipt specified by Tyczka. In all cases, empty tank wagons must be sent back to the point of receipt specified by Tyczka without delay. Any incurred storage fees and other costs of delayed acceptance and/or return shall be borne by the customer. The customer currently in possession of a tank wagon shall be liable to Tyczka for damages resulting from the loss of or from damage to the tank wagon unless able to prove that the loss/damages were not caused by his actions.

c) Delivery in large-capacity road tank wagon
Deliveries shall take place in large-capacity road tank wagons provided by Tyczka with a customary capacity, carriage paid to the delivery point. Delivery shall take place only if a sufficient number of liquefied petroleum gas storage containers are available at the customer's site and only if suitable access roads and trouble-free unloading facilities are available. The customer must ensure that the access roads and unloading point can be driven on without danger by a tanker with a total weight of around 40 t and a vehicle length of around 15 m.

6. Compliance with legal requirements in drop shipping

In drop shipping, the customer must ensure that the collector takes possession of mineral oil products that are untaxed or are taxed at a reduced rate in the capacity of the customer's agent.

The customer guarantees that he and his consumers comply with all legal and administrative regulations, in particular relating to the dispatch, storage, and usage of untaxed mineral oil products and mineral oil products that are taxed at a reduced rate.

7. Warranty and liability

If there is a defect, Tyczka is entitled to choose between rework and a replacement delivery (supplementary performance).

Claims for obvious defects may only be asserted if the customer reports the obvious defect in writing within 4 days of receipt of the goods. The customer must allow Tyczka the opportunity to verify the complaint. To enable this, the goods must be left in their original state.

Tyczka only accepts liability if Tyczka culpably breaches fundamental contractual obligations. However, claims for compensation for the breach of fundamental contractual obligations is limited to typical foreseeable damages for the contract. In the case of the slightly negligent breach of obligations of this type, Tyczka does not accept liability for financial losses, i.e. losses that do not result from injury to life, limb, or health. This also applies to the slightly negligent breach of obligations on the part of legal representatives and agents. The above limitation of liability does not apply to claims on the part of the customer on the basis of product liability or claims for physical injury, damage to the health, or loss of life of the customer where these damage events are attributable to Tyczka.

All warranty and damage claims on the part of the customer shall expire by limitation one year after the delivery of the goods. This does not apply if Tyczka is guilty of gross negligence or in the case of physical injury, damage to the health, or loss of life of the customer caused by Tyczka.

8. Force majeure

In the case of any circumstances or events that are not caused by Tyczka and that prevent or significantly complicate delivery or the rendering of services on the part of Tyczka, Tyczka shall be relieved of the obligation to perform for the duration of the effects of such circumstances or events. In particular, this applies to force majeure, especially in the case of weather conditions which prevent the transportation of hazardous goods or which mean that the risks involved in transporting such goods are unacceptable as well as in the case of government measures or strikes etc. and, more precisely, if the normal procurement and transport possibilities are no longer available due to state intervention. In such cases, Tyczka is authorized to deliver goods with a corresponding delay including an appropriate lead time.

9. Singular succession

If the customer transfers items or rights that arise from a contract with Tyczka to a third party, the customer is obliged to also transfer all rights and obligations arising from the contract with Tyczka to the third party in question. The customer must inform Tyczka of this transfer, too. Tyczka can consent or object to the transfer of the contract within 60 days of being informed of it.

10. Encroachment by third party, notification of changes

If a third party encroaches upon rights or property of the customer or of Tyczka that form part of a contract with Tyczka, the customer must inform Tyczka of this immediately. In particular, this applies to any compulsory enforcement measures directed towards the customer if these measures might encroach upon the rights or property of Tyczka.

The customer will immediately inform Tyczka in writing of any change to the customer's name, company, or address. The same applies to successions of title and to any change to the legal form of the customer.

11. Miscellaneous, place of jurisdiction

If any stipulation of these terms and conditions is or should become ineffective, this shall not affect the validity of any other stipulation. All changes and additions to this contract must be made in writing in order to be effective.

The place of jurisdiction is Wolfratshausen.

Tyczka stores personal data pertaining to the customer in accordance with the stipulations of the German Federal Data Protection Act. Data will only be passed on to third parties if required in order to ensure proper order processing.

Tyczka reserves the right to check the credit rating of the customer. If the credit check gives rise to doubt about the credit worthiness of the customer, Tyczka shall be entitled to render deliveries only if paid in advance or with agreed collateral.

The legal relationships between the parties are subject to the law of the Federal Republic of Germany.

 

Tyczka Trading & Supply GmbH Co.KG, Blumenstraße 5, 82538 Geretsried, Germany