---
title: Terms
excerpt: Delivery and Payment Terms of KLZ Vertriebs GmbH.
featuredImage: null
locale: en
---

*Status November 2024*

## 1. General

These delivery and payment terms (DPT) of KLZ Vertriebs GmbH apply exclusively; contrary or deviating conditions of the customer are not recognized by us, unless we have expressly agreed in writing to their validity. Our DPT also apply if we execute the delivery to the customer without reservation in knowledge of contrary or deviating conditions of the order. Our DPT only apply to entrepreneurs within the meaning of § 310 (1) BGB as well as legal persons of public law or public-law special assets.

Side agreements, reservations, changes, supplements, etc. require our written confirmation for their validity.

References to the applicability of legal provisions have only clarifying significance. Even without such clarification, the legal provisions therefore apply, insofar as they are not directly amended or expressly excluded in these DPT.

## 2. Offers

Unless expressly designated as binding, our offers are non-binding; the customer's order is to be qualified as an offer according to § 145 BGB.

## 3. Prices

All prices stated by us are understood plus the respective statutory value-added tax, before metal surcharge, freight-free within the Federal Republic of Germany (mainland), however without unloading. The sales prices, insofar as they are declared as hollow prices, contain no metal values whatsoever. These are additionally calculated separately.

## 4. Metal quotation

Basis for copper billing is the quotation "LME Copper official price cash offer", average of the delivery month plus the then current copper premium named by us.

Basis for aluminum billing is the quotation "LME Aluminium official price cash offer", average of the delivery month plus the then current aluminum premium named by us. USD are converted to EUR on the basis of the EUR/USD LME-FX-Rate (MTLE). The corresponding quotations can be taken from the website [www.westmetall.com](https://www.westmetall.com). The premium surcharges can vary strongly and KLZ reserves the right to adjust these in due time, regardless of the offer submission.

## 5. Metal number

The metal number indicated by us is a purely commercial calculation figure for the metal content, which goes into the calculation of the total price of a cable. Thereby we comply with your wish to enable comparability in your system on hollow price basis. The metal number does not indicate the weight of the conductor metal actually contained in the cable. It is a purely calculatory calculation factor, however, which does not allow any direct conclusions on the copper or aluminum quantities used in the cable. We expressly point out that only the full price should be used for comparison purposes. Insofar as you wish to use other metal numbers as a basis, we are happy to recalculate the offer in its components. However, the full price remains the same amount in any change.

## 6. Order change / Order cancellation

After order confirmation, changes to confirmed orders are only accepted after examination and separate express consent by us. We reserve the right in all order changes to charge the additional effort caused by the change, such as processing costs or disposal costs in the bill.

## 7. Retention of title

We retain title to the goods delivered by us – hereinafter: reserved goods – until full settlement of all our claims from the business relationship with the orderer. The retention of title also remains in effect if individual claims are included in a running account (current account reservation).

## 8. Payment terms | Offsetting | Right of retention

Our invoices are payable 14 days after invoice date without any deduction. In case of non-compliance with the agreed payment terms, we are entitled to calculate interest at a rate of 7 percentage points above the base interest rate; the right to assert further damages, in particular proven higher interest, remains unaffected by this.

## 9. Delivery reservation | Partial deliveries

All delivery promises on our part are subject, unless otherwise expressly agreed in writing, to the reservation of correct and timely delivery by our producers. We reserve the right to partial deliveries at any time. In addition, we reserve the right to industry-standard over- or underdeliveries up to 10% of the ordered quantity.

## 10. Delivery periods and dates

The delivery period is individually agreed or stated by us upon acceptance of the order. If we cannot meet binding delivery periods for reasons for which we are not responsible (non-availability of the service), we will inform the customer of this immediately and at the same time communicate the expected new delivery period. If the service is also not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part. An already rendered consideration of the customer will be refunded immediately. Non-availability of the service exists, for example, in case of non-timely self-supply by our supplier, if we have concluded a congruent covering transaction, in case of other disruptions in the supply chain due to force majeure or if we are not obliged to procure in individual cases.

The occurrence of our delivery delay is determined according to the legal provisions. In any case, however, a dunning by the buyer is required.

The legal rights remain otherwise unaffected.

Fixed transactions require the express written designation as such. Otherwise, the orderer is always obliged to set us a reasonable grace period in writing if promised dates and/or periods are not met. If the grace period is also not met, the orderer is entitled to withdraw from the contract.

In case of force majeure and/or other unforeseeable extraordinary and/or unavoidable circumstances, even if they occur at our supplier, a promised delivery period is extended until the remediation of the aforementioned event. If this point in time is not foreseeable, both the orderer and we are entitled to withdraw from the concluded contract. In this case, both sides' claims for damages are excluded. We undertake, upon becoming aware of the aforementioned circumstances, to inform the orderer hereof immediately to notify.

If compliance with a date depends on the orderer providing certain information and/or plans, release declarations or similar, the delivery period only begins to run from the point in time at which the complete information of the orderer is available to us in writing. If the delivery is postponed beyond the contractually foreseen point in time at the request of the orderer, we can, starting with a period of at least 10 working days after notification of readiness for shipment, charge the orderer a storage fee of 2% of the invoice amount for each month started, however maximum 10% in total.

## 11. Call-off orders

If a call-off order is issued to us and no separate written agreements are made about the call-off dates, the orderer is obliged to inform us of the individual call-off dates in such a way that between receipt of the call-off notification with us and delivery at least 14 working days and the last delivery at the latest 90 days after our order confirmation lie.

## 12. Dimension and weight specifications

All information about diameter, weight, technical design, manufacture and scope of the goods to be delivered by us are subject to the reservation of deviation within the commercially usual permissible tolerances. Darüber hinaus behalten wir uns Änderungen, die einer technischen Verbesserung dienen, jederzeit vor. Color deviations and/or deviations in the external characteristics of the goods to be delivered by us, which however leave their quality and technical effectiveness unaffected, do not give rise to any claims for defects by the orderer.

## 13. Transfer of risk and burden

Delivery is made DAP free destination Germany, where the place of performance for delivery and any subsequent performance is also located.

If the ordered goods are made ready for shipment by us and/or the dispatch and/or the call-off is delayed for reasons for which the orderer is responsible, we are entitled to demand compensation for the damage resulting therefrom including additional expenses. For this, we calculate a flat-rate compensation of 2% of the invoice amount for each month started, however maximum 10% in total, starting with the delivery period or – lacking a delivery period – with the notification of readiness for shipment of the goods.

Proof of higher damage and our legal claims (in particular compensation for additional expenses, reasonable compensation, termination) remain unaffected; the flat-rate is however to be credited against further monetary claims. The orderer is permitted to prove that no damage or only a substantially lower damage than the aforementioned flat-rate has arisen for us. Returns to us, which have not been confirmed by us in writing beforehand, are at the sole risk of the orderer.

## 14. Liability for defects

We are only liable for compliance with objective requirements for the goods if and insofar as no quality agreement has been concluded between the orderer and us. The subjective requirements to be met take precedence over the objective requirements to be met. In case of doubt, the agreed requirements for the goods result from the data sheet provided by us. Individual, not always unavoidable marginal deviations may be remedied by repairs, such as sleeve cuffs.

Any claims for defects by the orderer presuppose that the orderer checks the goods sent to him immediately, i.e. usually immediately upon delivery (still in the presence of the carrier) for their proper condition and notifies us of visible defects to be recorded immediately after receipt of the goods and hidden defects immediately after their discovery in writing. Insofar as a timely, not only insignificant defect of the purchase item exists, we are entitled at our choice to remedy the defect or to make an replacement delivery (subsequent performance).

We do not assume any installation or removal costs within the scope of subsequent performance, if and insofar as the defectiveness of the goods was known to the orderer at the time of installation or grossly negligent unknown remained.

If we are not willing or able to remedy the defect/make a replacement delivery or if this is delayed beyond reasonable periods for reasons for which we are responsible, or if it fails in any other way, the orderer is entitled at his choice to withdraw from the contract or to demand a corresponding reduction of the purchase price.

Further claims of the orderer, regardless of the legal basis, are excluded or limited according to the detailed provisions in the following item 15.

The limitation periods for claims for defects are 24 months from delivery of the goods.

If there are different opinions regarding cable damage in the event of a defect notification, only the expertise of the VDE Institute itself applies in case of doubt. We do not accept other, even accredited test laboratories. We expressly point out that when laying the cable in the trench or in pipes, or in buildings, a constant visual inspection must be carried out by the cable layer to check for any noticeable features. A later complaint that suggests negligent behavior is thus restricted.

## 15. Damages | Total liability

We are liable without limitation only for intent and gross negligence as well as for damage resulting from a violation of life, body or health, which is based on at least negligent breach of duty on our part or on the part of our legal representatives or vicarious agents; we are also liable without limitation in the case of guarantees and assurances assumed or given by us, insofar as a defect covered by them triggers our liability, as well as in the case of liability under the Product Liability Act or other risk liability provisions. In the case of other culpable violation of essential contractual obligations ("cardinal obligations"), our remaining liability is limited to the contract-typical foreseeable damage. Consequential damages as well as lost profits are fundamentally excluded.

## 16. Cable drums

Our cables are delivered on stable solid wood drums. Upon request, we will mediate partners who will pick up these drums for a fee.

## 17. Other

Only the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is at our choice Stuttgart, the place of performance for the delivery obligation or the court responsible for the seat of the orderer, provided the orderer is a merchant, a legal person under public law or a public-law special asset or has no general place of jurisdiction in Germany.

With the publication of these DPT on the Internet, all previously used conditions of ours become void.

[Download as PDF](/AGB-KLZ-1-2026.pdf)
