{"id":136,"date":"2024-02-15T11:56:09","date_gmt":"2024-02-15T10:56:09","guid":{"rendered":"https:\/\/ruhrzinn.com\/?page_id=136"},"modified":"2024-11-08T15:48:00","modified_gmt":"2024-11-08T14:48:00","slug":"agb","status":"publish","type":"page","link":"https:\/\/ruhrzinn.com\/en\/agb\/","title":{"rendered":"GTC"},"content":{"rendered":"
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General Terms and Conditions <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Status April 2023<\/h4>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Purchase and sale of tin, tin alloys, tin waste, precious metals and waste containing precious metals and other materials B2B of MTM Ruhrzinn GmbH, L\u00fcschershofstra\u00dfe 73, 45356 Essen for transactions with entrepreneurs<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Scope of application, customer information<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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(1) All performances, deliveries, services, offers and purchases of MTM Ruhrzinn GmbH, L\u00fcschershofstra\u00dfe 73, 45356 Essen in dealings with companies shall be based exclusively on these General Terms and Conditions. These are an integral part of all contracts that we conclude with our contractual partners for the services we offer, work performances or the purchase of material. They shall also apply to all future deliveries, services, works, offers and purchases, even if they are not separately agreed again.
(2) These General Terms and Conditions apply exclusively to entrepreneurs within the meaning of \u00a7\u00a7 14, 310 para. 1 BGB.
(3) Terms and conditions of the contractual partner or third parties shall not apply, even if we do not separately object to their validity in individual cases. Even if we refer to a letter that contains or refers to the terms and conditions of the contractual partner or a third party, this shall not constitute agreement with the validity of those terms and conditions.
(4) The contract language is German.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Purchasing, analysing and processing<\/h4>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u00a71 Conclusion of contract<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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(1) You can submit an offer to analyse and, if necessary, process your precious metals, tin waste or e-scrap verbally, by telephone, by e-mail or by fax.
(2) A contract between you and us regarding the analysis and, if applicable, processing of the material shall be concluded upon receipt of the material sent or the handover of the material upon collection.
(3) A contract for the purchase of the material offered by you is only concluded when we make you an offer by sending you an e-mail or fax after examining the material and you accept this. If we make an offer by telephone, you can also accept it immediately.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\u00a72 Prices<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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(1) The purchase price is generally based on the metal prices on the day of fixing unless a different price has been expressly agreed in advance.
(2) The purchase price shall be the price on the settlement date less individually agreed conditions, unless a different price has been expressly agreed in advance. We undertake to make a binding payment of the agreed purchase price if the purity content stated in the offer and the stated quantity of the goods received by us correspond to the actual purity content and quantity of the goods delivered.
(3) A fixation is binding for you. A price that has already been fixed for a purchase unit cannot be fixed again. However, you can fix as many prices as you wish for different purchase units. The prerequisite is that the quantity of material fixed in each case is actually received by us within 5 working days of fixing. If we do not receive the goods within this period, the customer must deliver material to the value of the fixed price or reimburse the excess monetary value. If the material is delivered or collected later, we can make you an offer based on current daily prices.
(4) If you offer the material without fixing and nothing else is agreed in the meantime, the price is automatically fixed on the 30th day after receipt of the goods.
(5) Our offers are subject to change and non-binding, unless they are expressly designated as binding offers.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\u00a73 Delivery, collection and payment<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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(1) The customer shall generally bear the costs and risk of delivery of the reworking material until it is handed over to us or the receiving centre designated by us. If we have agreed with the customer that we will collect the reworking material, the risk shall pass to us upon handover to us or the transport person commissioned by us. The amount of the collection costs depends on the material, weight, packaging and value of the material, as well as any ancillary costs such as taxes, customs duties, etc.
(2) If transport is to be carried out by us as agreed, we shall only take out transport insurance against transport damage and other risks at the express request and expense of the customer.
(3) By agreement, an advance payment in an amount to be agreed for the material can be made to the account specified by you as soon as we receive it.
(4) You are obliged to deliver to us the material for which an advance payment was made in full with regard to the value content, e.g. the tin or precious metal content. If the purchased, delivered material is not complete with regard to the value content and\/or more has been paid out than we have received, we may, at our discretion, demand that you either supply us with the missing quantity of material to the value of the advance payment or repay to us the overpaid amount corresponding to the missing quantity of material. We reserve the right to assert further claims for damages.
(5) If we conclude a purchase agreement with the customer under which we purchase tin or precious metals from the customer, a price agreed with the customer shall take precedence, otherwise our current price for purchases shall apply. This shall also apply if the purchased tin or precious metal is first obtained by recycling.
(6) We may cancel or correct errors in credit notes that are made as a result of a mistake, a clerical error or for other reasons by means of a simple cancellation credit note or credit note correction.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\u00a74 Transfer of ownership, processing, invoicing, further processing<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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(1) The delivered material will be analysed by us. The material delivered by customers is not stored separately. It is sorted or melted down. Ownership of the material is not transferred to us when the metals are melted down.
(2) The weights and contents of the metals are determined during the analysis. We will issue a credit note based on this analysis and the price agreement. The invoice shall become binding if you agree to it or do not object to it in writing within one working day of receipt of the credit note. In individual cases, at the customer's request, we will provide advance written information about the result of the analysis. In this case, the advance information shall be deemed to be an invoice within the meaning of this provision.
(3) If the settlement becomes binding, ownership shall be transferred to us and we shall be authorised to further process the material.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\u00a75 Reversal<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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If no agreement on the sale is reached within 3 weeks after the material has been analysed, the customer has the right to return the material with the proviso that he can only demand the return of material that is equivalent in quantity and quality to the material delivered. The material will be dispatched adequately insured to the address provided by the customer for a handling fee at the customer's expense.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\u00a76 Duty to inform, hazardous and prohibited substances, dangerous goods<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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(1) If material has a hazardous quality (e.g. toxic, corrosive, explosive, radioactive components) and\/or harmful or disruptive components (e.g. chlorine, bromine, mercury, arsenic, selenium, tellurium, etc.), you must inform us of this in writing before concluding the contract.
(2) The delivery of such material may only take place with our prior written consent. The reworking material must be properly packaged in accordance with any instructions issued by us.
(3) The material offered to us must not contain any substances that fall under the substance bans of the RoHS Directive (EC Directive 2011\/65\/EU). You also warrant that the substances contained in the goods and materials and their use(s) have already been registered or that there is no obligation to register under the REACH Regulation (EC Regulation No. 1907\/2006) and that, if necessary, an authorisation under the REACH Regulation has been obtained. In this case, the safety data sheet in accordance with Annex II of the REACH Regulation must be prepared by you and made available to us.
(4) When purchasing material that is to be classified as dangerous goods in accordance with international regulations, you must inform us of this at the latest upon collection.
(5) You shall be liable for all damage that is attributable to a dangerous or harmful nature of the material that has not been notified to us.
(6) By submitting the materials, you confirm that they are your property, free of third-party rights and not the result of criminal offences. Furthermore, you confirm that the materials delivered are conflict-free.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\u00a77 Lien<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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(1) The customer hereby grants us a lien on assets of any kind that come into our possession or our power of disposal within the scope of the business relationship. This includes all items and rights of any kind. This also includes claims of the customer against us.
(2) The right of lien shall not affect the right to melt down, process, analyse and sell delivered material.
(3) The lien secures all existing and future, also conditional or limited, also legal claims of us against the customer in connection with the business relationship.
(4) We shall only retain the assets subject to the GTC lien if we have a justified security interest. We shall be entitled to realise the assets if the customer fails to meet its obligations when due and despite a reminder with a reasonable grace period and a threat of realisation in accordance with Section 1234 (1) BGB.
(5) If the realisable value of the securities to which we are entitled exceeds our claims by more than 15 percent, we shall release securities of our choice at the customer's request.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Sale<\/h4>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u00a78 Conclusion of contract<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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(1) Our offers are subject to change and non-binding, unless they are expressly designated as binding offers.
(2) You can place a binding order by telephone, e-mail or fax.
(3) With the confirmation of receipt sent immediately by e-mail or fax, the acceptance of your offer is also declared at the same time and the purchase contract is thus concluded. In the case of a telephone order, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, you are no longer bound by it.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\u00a79 Prices<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The prices apply to the scope of services and deliveries listed in the order confirmations. Additional or special services shall be invoiced separately. The current daily prices at the time of the order shall always apply, unless otherwise agreed. Prices are quoted in EUR ex warehouse plus packaging, statutory VAT, customs duties for export deliveries as well as fees and other public charges.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\u00a710 Delivery, collection and payment<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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(1) Deliveries are ex warehouse.
(2) Deadlines and dates for deliveries and services promised by us are always only approximate, unless a fixed deadline or a fixed date has been expressly promised or agreed. If despatch has been agreed, delivery periods and delivery dates shall refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport.
(3) We may - without prejudice to its rights arising from default on the part of the contractual partner - demand an extension of delivery and performance deadlines or a postponement of delivery and performance dates by the period in which the contractual partner fails to fulfil its contractual obligations towards us.
(4) We shall not be liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. disruptions of operations of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties in obtaining necessary official permits, official measures or the failure of suppliers to deliver or to deliver correctly or on time) for which we are not responsible. If such circumstances make delivery or performance significantly more difficult or impossible for us and the hindrance is not only of a temporary nature, we shall be entitled to withdraw from the contract. In the event of hindrances of a temporary nature, the delivery or performance periods shall be extended or the delivery or performance dates shall be postponed by the period of the hindrance plus a reasonable start-up period. If the contractual partner cannot reasonably be expected to accept the delivery or service as a result of the delay, he may withdraw from the contract by immediate written declaration to us.
(5) We are entitled to make partial deliveries if<\/p>

  • the partial delivery can be used by the contractual partner within the scope of the contractual purpose,<\/li>
  • the delivery of the remaining ordered goods is ensured and<\/li>
  • the contractual partner does not incur any significant additional work or additional costs as a result (unless we agree to bear these costs).<\/li><\/ul>

    (6) If we are in default with a delivery or service or if a delivery or service becomes impossible for us, for whatever reason, our liability for damages shall be limited in accordance with these GTCs
    (7) The export of certain goods may, for example, be subject to authorisation requirements due to their nature, their intended use or their final destination. In the case of exports, the contractual partner shall be informed of the relevant national and international export regulations, such as the export control regulations of the European Union. The contractual partner shall be responsible for compliance with any import regulations or customs provisions of the importing country.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    \u00a711 Retention of title for the sale of goods by us<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    (1) The retention of title agreed below serves to secure all existing current and future claims against purchasers of our goods arising from the supply relationship between the contracting parties for tin and tin alloys (including balance claims from a current account relationship limited to this supply relationship).
    (2) The goods delivered by us to you shall remain our property until all secured claims have been paid in full. The goods and the goods covered by the retention of title which take their place in accordance with this clause are hereinafter referred to as reserved goods.
    (3) You shall store the reserved goods for us free of charge.
    (4) You are entitled to process and sell the reserved goods in the ordinary course of business until the realisation event occurs. Pledges and transfers by way of security are not permitted.
    (5) If the goods subject to retention of title are processed by you, it is agreed that the processing shall be carried out in the name and for the account of us as the dealer and that we shall directly acquire ownership or - if the processing is carried out from materials of several owners or the value of the processed item is higher than the value of the goods subject to retention of title - co-ownership (fractional ownership) of the newly created item in the ratio of the value of the goods subject to retention of title to the value of the newly created item. In the event that no such acquisition of ownership should occur for us, you hereby transfer your future ownership or - in the above-mentioned ratio - co-ownership of the newly created item to us as security. If the goods subject to retention of title are combined or inseparably mixed with other items to form a uniform item and if one of the other items is to be regarded as the main item, we shall, insofar as the main item belongs to us, transfer to you the co-ownership of the uniform item on a pro rata basis in the ratio specified in sentence 1.
    (6) In the event of the resale of the reserved goods, you hereby assign to us by way of security the resulting claim against the purchaser - in the case of our co-ownership of the reserved goods in proportion to the co-ownership share. The same applies to other claims that take the place of the reserved goods or otherwise arise with regard to the reserved goods, such as insurance claims or claims arising from unauthorised action in the event of loss or destruction. We revocably authorise you to collect the claims assigned to us in your own name. We may only revoke this direct debit authorisation in the event of realisation.
    (7) If third parties seize the reserved goods, in particular by attachment, you shall inform them immediately of our ownership and inform us of this in order to enable us to enforce our ownership rights. If the third party is not in a position to reimburse us for the judicial or extrajudicial costs incurred in this connection, you shall be liable to us for such costs.
    (8) We shall release the goods subject to retention of title and the items or claims taking their place at our discretion upon request, insofar as their value exceeds the amount of the secured claims by more than 15 per cent.
    (9) If we withdraw from the contract in the event of breach of contract by you - in particular default of payment - (realisation event), we shall be entitled to demand the return of the reserved goods.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    \u00a712 Limitation of your warranty claims for the purchase of goods<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    (1) Statutory warranty rights exist for our goods.
    (2) Your warranty claims due to defects in the purchased item shall expire one year after the transfer of risk. Excluded from this provision are claims for damages, claims for defects which we have fraudulently concealed and claims arising from a guarantee which we have assumed for the quality of the item. Also excluded is your right of recourse according to \u00a7 478 BGB. The statutory limitation periods apply to these excluded claims.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    \u00a713 Liability<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    (1) Our liability for damages, irrespective of the legal grounds, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations during contract negotiations and unauthorised action, shall be limited in accordance with this provision, insofar as fault is involved in each case.
    (2) We shall not be liable in the event of simple negligence on the part of our executive bodies, legal representatives, employees or other vicarious agents, insofar as this does not involve a breach of material contractual obligations. Material contractual obligations are the obligation to provide the service in good time, delivery and use of the subject matter of the contract free from material defects as well as obligations to provide advice, protection and care which are intended to enable the contractual partner to use the subject matter of the contract in accordance with the contract or which are intended to protect the life and limb of the customer's personnel or to protect the customer's property from significant damage.
    (3) Insofar as we are liable for damages on the merits, this liability shall be limited to damages which we foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which we should have foreseen if we had exercised due care. Indirect damage and consequential damage resulting from defects in the delivery item shall only be eligible for compensation if such damage is typically to be expected when the contractual item is used as intended.
    (4) In the event of liability for simple negligence, our obligation to pay compensation for property damage and resulting further financial losses shall be limited to an amount of EUR 100,000.00 per claim, even if this involves a breach of material contractual obligations.
    (5) The above exclusions and limitations of liability shall apply to the same extent in favour of our executive bodies, legal representatives, employees and other vicarious agents.
    (6) Insofar as we provide technical information or act in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by us, this is done free of charge and to the exclusion of any liability.
    (7) The limitations of this \u00a7 14 do not apply to liability for intentional behaviour, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    \u00a714 Final provisions<\/h5>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    (1) The exclusive place of jurisdiction for all disputes arising from this contract is our registered office if you are a merchant.
    (2) The relations between us and the contractual partner shall be governed exclusively by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.
    (3) Insofar as the contract or these General Terms and Conditions contain loopholes, those legally effective provisions shall be deemed to have been agreed to fill these loopholes which the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions if they had been aware of the loophole.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

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