Terms & Conditions
General Terms and Conditions (GTC) of GRID Production GmbH
1. Scope
These terms and conditions apply to all deliveries and services provided by GRID Production GmbH to commercial customers. Unless expressly agreed otherwise in writing, the following terms and conditions apply exclusively to all offers, orders, and services. Conflicting or deviating terms and conditions of the customer shall not be recognized, even if they are not expressly contradicted in individual cases. Our GTC remain valid even if the business relationship is interrupted. Changes or additions to these terms and conditions require our written consent. In accordance with §§ 26 and 34 BDSG (Federal Data Protection Act), we point out that personal data is stored and processed electronically within the framework of the statutory provisions. It will not be passed on to third parties.
2. Offers and prices
2.1 Our offers are generally non-binding. Prices quoted in catalogs, brochures, or on our website are for guidance only and are subject to change without notice. With the publication of new price lists or catalogs, previous prices lose their validity. The price stated in the order confirmation is always decisive. A contract is only concluded upon our written confirmation, a down payment, or the execution of the order. Customers within the EU are required to provide their VAT identification number, otherwise German VAT will be charged. For deliveries outside the EU, our prices are always exclusive of any customs duties and other associated costs, unless expressly agreed otherwise.
2.2 Prices in written offers remain valid for a period of four weeks.
2.3 Technical specifications such as dimensions, weights, drawings, or illustrations are only binding if they have been expressly confirmed in writing. Information from advertising materials, catalogs, or our website does not constitute warranted characteristics within the meaning of warranty law. Printing errors and mistakes are reserved.
3. Prices
All prices are ex works production site. Calculation is based on the respective order value. Self-collection is possible, but requires prior appointment. Delivery is always unassembled from the warehouse in Hamburg. If there are general price changes between the conclusion of the contract and delivery, the price valid on the day of the order applies.
4. Samples
A sample collection of fabrics and covers can be requested for viewing for a deposit fee. The deposit will be refunded in full upon return of the samples in perfect condition and carriage paid. The fabric and stain colors shown in catalogs or on the website are for guidance only, as color variations may occur due to printing or screen display. Customers can request original samples directly from us at any time. The customer bears the transport risk in all cases.
5. Delivery
5.1 Deliveries are generally made against prepayment, bank guarantee, or cash on delivery. First-time orders are only executed against prepayment. The establishment of an invoice account is possible upon request, but requires full credit insurance eligibility or a corresponding bank guarantee. We supply public institutions and authorities on account, provided that a written order has been placed. In such cases, the payment terms are agreed individually in writing. For orders with a net goods value of more than EUR 2,500, full financial security is required from the customer. This also applies to commission goods, i.e., products that are not in stock and are procured specifically for the customer. The delivery period begins upon receipt of the security deposit by GRID Production GmbH.
5.2 If compensable damage occurs through our fault, for example through negligent delay, liability is limited to a maximum of 10% of the gross order value, unless liability is fundamentally excluded.
5.3 In the event of delivery delays or failures on the part of our suppliers that are beyond our control, we reserve the right to refuse performance. In such cases, there shall be no obligation to procure a replacement or pay damages.
5.4 If GRID Production GmbH is in default of delivery, the customer may set a reasonable grace period, which must be communicated in writing by registered mail. Further claims for damages are excluded.
5.5 Force majeure, strikes, or comparable unforeseeable events release us from compliance with agreed delivery deadlines and obligations.
5.6 The standard delivery time is between 6 and 12 weeks, unless a binding fixed date has been confirmed in writing.
6. Production
6.1 For custom-made products, made-to-measure products, special finishes, or individual upholstery work, a deposit of at least 40% of the total amount is required when placing the order. The agreed delivery time only begins once the deposit has been received by GRID Production GmbH.
6.2 Upholstered furniture is covered with imitation leather as standard. Other cover fabrics are available at an additional cost. Minor deviations in color or dimensions do not constitute grounds for complaint. In the case of materials provided or expressly requested by the customer, even if these were procured by us on behalf of the customer, the customer bears the sole risk with regard to suitability, quality, and processing properties.
6.3 Technical or design improvements to our products or items from our sales program do not require separate notification to the customer, provided that they do not represent significant deviations from the originally ordered product or the dimensions specified in the order confirmation. Such changes do not entitle the customer to make a complaint.
7. Services provided by the buyer
The processing of cover fabrics provided by the customer is at the risk of the client. GRID Production GmbH accepts no liability for cutting, material properties, fit, quality, or any losses. Unless specific processing instructions are provided, processing will be carried out at our discretion. The customer shall bear the shipping costs for the delivery of the material to the manufacturer. In the case of reference samples supplied by the customer, color deviations in the end product may occur; the risk for this lies with the client. The terms buyer, purchaser, and customer are synonymous with the term “client” in all correspondence.
8. Transfer of risk and transport of goods
8.1 The risk is transferred to the customer when the goods leave our production site, regardless of who organizes the transport. Shipping is carried out on behalf of and at the expense of the customer by a shipping company commissioned by us. The customer is obliged to check the goods immediately upon delivery for completeness and visible damage. Subsequent complaints about obvious defects are excluded. Hidden defects must be reported within three working days and only if the note “accepted with reservation” was documented upon acceptance of the goods.
8.2 Transport insurance will only be taken out at the express written request of the customer and at their expense.
8.3 The customer must ensure that delivery by a semi-trailer truck weighing up to 50 tons is possible. Any additional costs incurred due to reloading due to insufficient access options shall be borne by the customer. Sufficient parking space for vehicles up to 17 meters in length must also be provided. If the customer fails to comply with a notified delivery window, they shall bear the costs of a return trip. These costs must be paid in advance.
9. Retention of title
All delivered goods remain the property of GRID Production GmbH until all claims arising from the business relationship have been paid in full. This also applies to future claims. The customer hereby assigns to us all claims arising from any resale of the goods subject to retention of title. The goods may not be removed from the customer's business premises without our written consent. In the event of seizure by third parties, the customer is obliged to inform us immediately. In this context, the customer also assigns any claims against its customers to us and must disclose these to us. Costs incurred as a result of our intervention shall be borne by the customer. Until full payment has been made, the customer is obliged to insure the goods at its own expense against fire, water, theft, and other damage and to provide us with appropriate proof upon request.
10. Warranty
Assurances regarding the properties of products or services are only binding if they have been expressly confirmed in writing. Complaints regarding defects, quantity deviations, or incorrect deliveries must be made immediately upon receipt of the goods. Minor deviations in color, dimensions, or design do not constitute grounds for complaint. Breakage damage must be reported in writing within 14 days of discovery, accompanied by meaningful photographic evidence. Where reasonable, defects must be documented by means of photographs (e.g., digital images) and sent to GRID Production GmbH together with the notification of defects, preferably by email. In the event of a justified complaint, the seller has the right to rectify the defect. In the event of rectification, claims for withdrawal or reduction are excluded. Replacement or rectified goods will be taken from current production or stock; custom-made products will not be newly produced for this purpose. Claims for damages are excluded to the extent permitted by law. Returns require our prior consent. There is no warranty for garden and patio furniture or custom-made products according to customer specifications.
11. Assembly
11.1 Delivery is always unassembled, unless otherwise agreed and confirmed in writing. Assembly can be ordered at an additional cost.
11.2 If delivery “free to place of use” or “free to construction site” has been agreed, the customer is obliged to provide suitable equipment and personnel for unloading. Accessibility in accordance with Section 8 must be ensured.
11.3 Repair services outside the warranty obligation will be charged according to the actual time spent.
11.4 The customer must ensure that our fitters and carriers can work unhindered and on schedule. Delays, waiting times, or additional journeys will be invoiced separately.
11.5 Surcharges shall apply in accordance with the applicable hourly rates for overtime, Sunday work, or unforeseen difficulties requested or caused by the customer. However, GRID Production GmbH is not obliged to perform such work.
12. Notification of defects
Even in the case of deliveries to non-merchants, defects must be reported in writing and in detail immediately after receipt and, if applicable, after assembly. Hidden defects must be reported immediately after their discovery, but no later than within the statutory period. The customer is obliged to carefully inspect the goods within three days of delivery. Exchanges are generally excluded. Subsequent changes or complaints can only be considered if production has not yet begun.
13. Cancellation
If an order that has already been confirmed is canceled, a cancellation fee of 25% of the order value will be charged. The date of the order confirmation is decisive. GRID Production GmbH reserves the right to reduce this fee in individual cases. Cancellation is only possible as long as production has not yet begun or the goods have not yet been shipped. If the goods are already in production or delivery, the customer is obliged to accept them.
14. Payment
14.1 Payments must be made directly to GRID Production GmbH in accordance with the terms and conditions stated in the order confirmation or invoice. Representatives or fitters are only authorized to accept payments with written power of attorney or a collection order.
14.2 Bills of exchange are generally not accepted.
14.3 Offsetting or retention is only permissible if the counterclaim is undisputed or has been legally established.
15. Default of payment
In the event of default of payment, we are entitled to charge default interest at the standard bank rate after issuing a reminder and setting a deadline of one week. Any further claims for damages remain unaffected. If no payment is made even after the deadline has expired or if insolvency proceedings are opened against the customer's assets, we shall be entitled to the following rights:
a) Withdrawal from the contract and reclamation of the goods or compensation for damages due to non-performance,
b) Return of goods not yet accepted and utilization in accordance with the statutory provisions,
c) Advance payment or security deposit for outstanding deliveries,
d) Realization of securities already provided,
e) Withdrawal from all contracts not yet fulfilled after setting a new deadline,
f) Assertion of further damages caused by default. For goods already delivered, a lump-sum compensation of 30% of the purchase price shall be charged, unless higher damages are proven.
16. Creditworthiness
If, after conclusion of the contract, we become aware of information which, in our opinion, could significantly impair the customer's creditworthiness, we reserve the right to demand immediate payment of all outstanding claims, including those for which a deferral of payment had previously been granted. In such cases, we are entitled to take the measures specified in section 15 in the event of default in payment.
17. Supplier's expenses
If an order cannot be executed for reasons for which the supplier is not responsible, even though GRID Production GmbH was prepared to perform, all expenses incurred up to that point shall be reimbursed by the customer. This applies in particular to withdrawal from the contract for the reasons specified in section 15. In the event of withdrawal by the customer, a lump-sum compensation of 30% of the order amount shall be paid, without prejudice to proof of higher damages. The same applies if the customer is in default of acceptance and we therefore withdraw from the contract.
18. Return of goods
In principle, there is no right to return ordered goods. Should GRID Production GmbH agree to take back goods in individual cases, the customer agrees that persons commissioned by us may enter their business premises to take possession of the goods. If damaged or worn goods are returned, we reserve the right to make an appropriate deduction for the reduction in value. Returns are excluded if the goods were delivered free of defects. Special and custom-made products according to customer specifications are generally excluded from return.
19. Place of performance and jurisdiction
The place of performance for all services is Hamburg (postal code 22145). The place of jurisdiction is Hamburg, commercial register entry HRB 193484.
20. Validity of the General Terms and Conditions and other contractual conditions
German law applies exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980, is excluded. Should individual provisions of these General Terms and Conditions or the underlying contract be wholly or partially invalid, they shall be replaced by a provision that comes closest to the economic purpose of the invalid provision and is permissible under German law. The validity of the remaining provisions of the contract shall remain unaffected.