GTC

General Terms and Conditions (GTC) of Wonsak Kohlensäure Service GmbH

Provisions applicable to all types of delivery and service

1.1 Scope of application

1.1.1 Deliveries and services by Wonsak shall be provided exclusively in accordance with the following General Terms and Conditions (GTC), unless otherwise agreed in individual contracts.

1.1.2. The customer’s General Terms and Conditions shall only apply insofar as Wonsak has expressly agreed to them in writing.

1.1.3 This document, together with all other documents agreed between Wonsak and the Client, constitutes the entire and only agreement between the parties in relation to the supply of goods and/or services by Wonsak to the Client. This version of the GTC replaces all previous versions that have been made known to the Client by Wonsak.

1.2 Prices / Price changes

Offers by Wonsak shall be subject to change. The scope of Wonsak’s delivery and performance obligations shall be determined solely by Wonsak’s written order confirmation. Unless otherwise agreed in individual contracts, all prices and conditions shall be based on the Wonsak price list valid at the time of delivery, excluding VAT and other statutory taxes and duties.

1.3 Terms of payment

1.3.1 Payments must be made by the due date shown on the invoice, unless it is a cash sale. Counterclaims from the same contractual relationship are excluded from the set-off prohibition. The exclusion of set-off does not apply to consumers.

1.3.2 The customer’s right to determine which claims are satisfied by payments made by the customer shall be waived in favor of the statutory redemption provision of Section 366 (2) BGB.

1.4 Delivery

1.4.1 Shipment shall be at the customer’s risk. Transport and other insurance shall only be taken out on request and shall be borne by the customer. The risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, at the latest when the goods leave the registered office of Wonsak. This shall apply irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs. In the event that the customer collects the goods himself, he shall not have any claims arising from any relationship of courtesy, insofar as Wonsak assists in loading the goods

1.4.2 Delivery dates shall only be binding if they have been expressly confirmed by us in writing. Information on the delivery period is to be understood as estimated delivery times.

1.4.3 Wonsak shall be entitled to make partial deliveries. Wonsak shall also be entitled to have its delivery obligation fulfilled by another company. The customer shall only bear the shipping costs that would have been incurred in the event of the complete delivery of the ordered goods.

1.4.4 Wonsak shall not be liable for defects in delivery unless Wonsak has been notified thereof in writing by the Client within 5 working days of receipt of the delivery. This exclusion of liability shall not apply if the Client can prove that it was not possible or reasonable to notify Wonsak within this period and Wonsak was notified by the Client in such a case as soon as possible under the circumstances, in any case within 5 working days after the Client became aware of the incident or could reasonably be expected to have become aware of the claim.

1.4.5 If Wonsak has been notified of deficiencies, losses, damages or other discrepancies in the deliveries in accordance with clause 1.4.4, Wonsak may, at its own discretion, remedy the deficiencies, losses, damages or discrepancies by making subsequent deliveries free of charge or by reimbursing the costs or by granting a corresponding discount on the price of the delivery.1.4.6 If delivery cannot be made in full due to any act or omission by the Client, such deliveries shall be deemed to have been delivered and Wonsak shall be entitled to charge for the cost of any aborted deliveries or part deliveries and storage of the goods pending delivery.

1.4.7 If the buyer does not accept the goods on time, the waiting time caused by the non-acceptance will be charged at €50 for each 30 minutes or part thereof, unless otherwise contractually agreed. In the event of non-acceptance of the goods due to circumstances for which the customer is responsible, the goods shall be deemed to have been delivered. Wonsak shall be entitled to charge the costs of the aborted (partial) delivery as well as the costs of storing the goods until final delivery. The compensation shall be higher or lower if the seller proves higher damages or the buyer proves lower damages.1.4.8 For the delivery of liquid carbon dioxide and propane, the quantity stated refers to kg. For all other gases, the quantity “m³” refers to a gas condition of 15° Celsius and 1 bar. For the delivery of dry ice, the weight ex production plant is decisive and binding. Possible losses due to transportation and / or cutting are to be borne by the customer. A specific size of individual dry ice blocks or slices cannot be guaranteed.

1.5 Warranty/complaints

1.5.1 Unless otherwise agreed, Wonsak shall deliver goods of merchantable quality. Unless the customer is a consumer, claims for defects shall become time-barred 12 months after the transfer of risk. In the case of customers who are consumers, claims for defects shall become time-barred after 24 months. The period begins with the delivery of the goods. If delivered gases in a defect-free condition exhibit a regular stability of a period shorter than the limitation period for warranty claims, Wonsak shall only provide a warranty for the period of regular stability.
1.5.2 The content of the agreed specification of the goods or any expressly agreed intended use shall not constitute any guarantees, assurances or warranties. The risk of suitability and use shall be borne exclusively by the buyer.

1.5.3 The customer’s right of recourse against Wonsak pursuant to § 478 BGB shall only exist within the scope of the statutory warranty for defects.

1.5.4 The assertion of claims for damages by the customer as a result of defects in the delivery and service is subject to the restrictions of the following clause 1.6.

1.5.6 If there is a defect, Wonsak GmbH may remedy it at its discretion by repair or replacement. The customer shall not be entitled to a reduction in price as long as the obligation to remedy the defect is fulfilled. Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transportation costs, shall be excluded if the expenses increase because the delivery item has subsequently been moved to a location other than the place of delivery. Replacement deliveries shall only be made concurrently with the return of the original delivery.

Claims for damages

1.6.1 Wonsak’s liability – irrespective of the legal grounds – shall be limited to damage caused by Wonsak or its vicarious agents intentionally, through gross negligence or through slight negligence through breach of duties essential for the fulfillment of the purpose of the contract.

1.6.2 In cases of slight negligence – except in cases of injury to life, limb or health – liability shall be limited to foreseeable damage typical of the contract, provided that material contractual obligations have been breached. Liability for indirect and unforeseeable damage, loss of production and use, loss of profit is excluded in cases of slight negligence.

1.6.3 Any further liability as specified in clauses 1.6.1 and 1.6.2 is excluded. However, the above limitations / exclusions of liability shall not apply to strict liability prescribed by law (e.g. Product Liability Act)

1.6.4 The aforementioned limitations/exclusions of liability shall also apply to the personal liability of Wonsak’s employees and vicarious agents.

1.6.5 Claims for damages under the Product Liability Act, due to the absence of a guarantee of quality and due to injury to life, limb or health or due to other mandatory statutory provisions remain unaffected.

1.6.6 The above provision does not imply a change in the burden of proof to the detriment of Wonsak.

1.7 Force majeure

1.7.1 All events of force majeure and other events for which Wonsak is not responsible, in particular war, civil unrest, natural disasters, pandemics, acts of government, strikes, lockouts, disruptions in the supply of energy and raw materials, exceptional traffic and road conditions, damage to machinery that is not due to improper maintenance, late or non-delivery by upstream suppliers and other operational disruptions for which Wonsak is not responsible shall release Wonsak from its contractual obligations for the duration and to the extent of their effects.

1.7.2 This shall also apply if the aforementioned circumstances occur with subcontractors.

1.8 Retention of title

1.8.1 The delivered goods shall remain the property of Wonsak until full payment of all claims arising from the business relationship, irrespective of the legal grounds. If the customer acts in breach of contract, in particular in the event of default in payment, Wonsak shall be entitled to set a reasonable deadline and to take back the purchased item after the unsuccessful expiry of this deadline. The taking back of the purchased item by Wonsak shall not constitute a withdrawal from the contract, unless the customer is a consumer.

The customer shall be entitled to process and sell the reserved goods delivered by Wonsak in the ordinary course of business as long as he is not in default. Pledges or transfers by way of security are not permitted. The customer hereby assigns to Wonsak in full any claims against third parties arising from the resale or any other legal grounds with regard to the goods subject to retention of title by way of security. This assignment is hereby accepted. The customer is revocably authorized to collect the assigned claims for Wonsak in its own name.

1.9 Regulations / safety regulations / technical advice and training

1.9.1 When supplying gases, the customer shall comply with the regulations applicable to the handling of gases, in particular the provisions on occupational health and safety and accident prevention, the regulations under pharmaceutical and food law, including the corresponding implementing provisions, as well as the generally recognized rules of technology.

1.9.2 In cases in which Wonsak comes to the conclusion that the delivery of goods and services to the Client is unsafe due to non-compliance with safety and technical standards, Wonsak may suspend its own contractual obligations to deliver goods and services until the safety problem has been remedied by the Client. In the event of non-compliance with these standards, Wonsak reserves the right to suspend the contractually owed performance until they have been implemented.

1.10 Batch traceability

If the customer does not consume the gases himself, he undertakes to document the use of the gases with the complete batch number for each cylinder (container) for gases that are subject to a statutory obligation for batch traceability (e.g. medical gases or food gases), to keep the proof of use with the complete batch number for each cylinder (container) and to hand it over to Wonsak immediately on request.

1.11 Prohibition of assignment / legal succession

1.11.1 The customer is not entitled to transfer rights or claims arising from the contractual relationship to third parties or to assign them to third parties.

1.11.2 The rights and obligations arising from the contractual relationship shall pass to the respective legal successors of the contracting parties. The Client shall be obliged to notify Wonsak immediately and without being requested to do so of any change, in particular of its legal form or company name.

1.12 Invalidity Should a provision of this contract or a provision subsequently incorporated into it be or become invalid or void in whole or in part, or should a loophole be found in this contract, this shall not affect the validity of the remaining provisions.

1.13 Data protection

1.13.1 Data protection legislation contains obligations that users of personal data must fulfill and sets out the principles for the use of this data. Personal data means any information relating to a living individual who can be identified from the data.

1.13.2 The personal data specified in the contract, in particular name, address, telephone number, bank details, which are necessary and required solely for the purpose of implementing the resulting contractual relationship, are collected on the basis of statutory authorizations. The data will not be passed on, in particular not for advertising purposes.
The consent of the data subject is required for any further use of personal data and the collection of additional information.

1.13.3 Wonsak shall also make the personal data available to government authorities, bodies governed by public law or third parties if Wonsak is convinced in good faith that this is required by law or in the interests of public safety and order. In addition, Wonsak shall make the personal data available to third parties if Wonsak has been authorized to do so by the Client.

1.14 Place of jurisdiction / Applicable law

The place of jurisdiction is Hamburg, provided that the customer is a registered trader, a legal entity under public law or a special fund under public law.

2 Special regulations for the provision of containers, pressurized gas cylinders and pallets

2.1 Rent payment

Containers, pressurized gas cylinders/bundles, dewar containers, pallets and other transportable containers used for the storage and shipment of our products are hereinafter referred to as mobile containers.

2.1.1 Mobile containers provided by Wonsak to the Customer are exclusively rented and not sold. The mobile containers shall only be provided to the customer for the removal of the gas filling or dry ice supplied by Wonsak. Any other use is strictly prohibited, in particular for safety reasons. Any transfer to third parties or refilling by a supplier other than Wonsak shall be prohibited, subject to the application of clause

2.1.2 is not permitted. The customer’s signature on the delivery receipt shall simultaneously serve as a sign of the conclusion of the rental contract for the mobile containers.

2.1.2 If gas, dry ice or mobile containers are delivered to a third party at the instigation of the customer, the customer shall be responsible for compliance with the regulation under

2.1.1 and shall indemnify Wonsak against any liability claims, with the exception of mandatory strict liability.

2.1.3 The Customer must return the mobile containers provided on a rental basis to Wonsak immediately after emptying at its own expense and risk. In the case of mobile containers that the customer has in his possession for longer than 3 months, an additional long-term rental fee shall be charged.

2.1.4 Returns shall be made against receipt. The customer can only provide proof of return by submitting a written receipt. Returned mobile containers shall only be credited to the customer who purchased the mobile containers. This also applies to returns by third parties.

2.1.5 The customer must check the accuracy of the stocks of mobile containers shown on the rental invoice / container account statement. Objections must be raised with Wonsak within 14 days of receipt of the invoice/account statement, otherwise the stocks shown shall be deemed to have been accepted by the customer. The invoice/account statement shall have the effect of a balance confirmation.

2.1.6 The customer has no right of retention to the mobile containers.

2.1.7 The following net rental rates apply:

Compressed gas cylinders 0.30 €/ day
Dry ice containers 4.00 €/ day
Dewar vessels 3.50 €/ day
Tank 5.00 €/ day
Pallets 3.00 €/ day

2.2 Loss / damage / liability / soiling

2.2.1 The customer shall be liable for loss of or damage to the containers, pressurized gas cylinders and pallets provided to him that goes beyond normal wear and tear during proper use. In the event of loss, destruction or irreparable damage to the containers, pallets and pressurized gas cylinders or damage, Wonsak shall be entitled to demand compensation from the customer.

2.2.2 If mobile containers become contaminated due to improper use or storage, we will charge cleaning costs amounting to 10% of the replacement purchase price.

2.2.3 The customer shall be liable for all costs incurred as a result of damage to the mobile containers. The maximum amount of the costs is limited to the replacement costs of the mobile containers.

2.2.4 Containers equipped with residual pressure valves must be returned with residual pressure. In the event of non-compliance, Wonsak may charge a safety fee as compensation for the costs required to ensure that the container can be safely refilled. Residual gas in the returned containers will not be refunded to the customer. The customer shall be liable for all damage and costs caused by the removal of or damage to the container labeling.

2.2.5 In principle, the following prices apply to the replacement of containers and pallets:Wonsak cylinder for all gases except acetylene

up to 10 liters capacity € 250.00 per bottle
up to 20 liters capacity € 300.00 per bottle
up to 50 liters capacity € 350.00 per bottle

Double prices apply for acetylene
Wonsak pallet €8000.00 per pallet
Wonsak dry ice container €2000.00 per box

Wonsak tank 5000,00 € per tank

Wonsak Dewar jar 1200,00 € per jar

Wonsak compressed gas cylinder bundles € 7000.00 per bundle
The prices are valid from June 1, 2020 and are subject to VAT. Subject to change without notice.
The price for the replacement of containers not listed here is based on the current replacement value.

2.3 Security deposits

Wonsak shall be entitled, at its own discretion, to demand a non-interest-bearing security deposit for the mobile containers provided to the customer in accordance with the applicable rates, if such a security deposit – in particular for new customers – was agreed upon conclusion of the contract. The security deposit shall be repaid, upon presentation of the deposit payment receipt, after the mobile containers have been returned to Wonsak, less the charges described above under clause 2.2.

2.4 Security

If containers, pressurized gas cylinders and pallets appear to be defective, they must not be used. Wonsak must be informed immediately of the nature of the defect and the defective containers, pressurized gas cylinders and pallets must be returned to Wonsak immediately.

2.5 Customer container

2.5.1 Compressed gas cylinders received by Wonsak from the Customer shall be filled in accordance with the Customer’s order. Insofar as Wonsak is obliged under statutory regulations to have TÜV inspections or other tests carried out on customer containers or to make modifications, the customer shall be obliged to pay Wonsak for the services rendered even without a corresponding order.

2.5.2 The filling order shall come into effect when the customer signs the empties delivery bill. Wonsak shall be entitled to invoice its services after the filling order has been fulfilled.

Status: 2023