Information in accordance with section 5 TM
Angaben gemäß § 5 TMG:
SYSKO GmbH & Co.KG
Am Bergbaumuseum 9
Kommanditgesellschaft – Sitz: Oelsnitz/Erzg., Handelsregister: HRA 8658, Amtsgericht Chemnitz
PhG: Sysko Verwaltungs GmbH – Sitz: Oelsnitz/Erzg.,
Handelsregister: HRB 24259, Amtsgericht Chemnitz
Geschäftsführende Gesellschafter: Klaus Richter, Ralf Hauenstein
Telephone: +49 37298/30635
Fax: +49 37298/30637
VAT indentification number in accorance with section 27 a of the German VAT act
Accountability for content The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents' accuracy, completeness or topicality. According to statutory provisions, we are furthermore responsible for our own content on these web pages. In this context, please note that we are accordingly not obliged to monitor merely the transmitted or saved information of third parties, or investigate circumstances pointing to illegal activity. Our obligations to remove or block the use of information under generally applicable laws remain unaffected by this as per §§ 8 to 10 of the Telemedia Act (TMG). Accountability for links Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective link immediately. Copyright Our web pages and their contents are subject to German copyright law. Unless expressly permitted by law (§ 44a et seq. of the copyright law), every form of utilizing, reproducing or processing works subject to copyright protection on our web pages requires the prior consent of the respective owner of the rights. Individual reproductions of a work are allowed only for private use, so must not serve either directly or indirectly for earnings. Unauthorized utilization of copyrighted works is punishable (§ 106 of the copyright law).
(1) Your personal data, insofar as these are necessary for this contractual relationship (inventory data) in terms of its establishment, organization of content and modifications, are used exclusively for fulfilling the contract. For goods to be delivered, for instance, your name and address must be relayed to the supplier of the goods.
(2) Without your explicit consent or a legal basis, your personal data are not passed on to third parties outside the scope of fulfilling this contract. After completion of the contract, your data are blocked against further use. After expiry of deadlines as per tax-related and commercial regulations, these data are deleted unless you have expressly consented to their further use.
If we provide performances in advance, e.g. in case of payment on invoice, we might have to obtain information about your creditworthiness from the following company: Creditreform
For this, we forward your personal details (e.g. name and address) to this company. Mathematical and statistical techniques are used to assess the risk of payment defaults. We make conclusion of the purchase contract dependent on the results of the credit check.
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According to the Federal Data Protection Act, you have a right to free-of-charge information about your stored data, and possibly entitlement to correction, blocking or deletion of such data. Inquiries can be directed to the following e-mail addresses: ( firstname.lastname@example.org )
General Terms and Conditions of Business
of SYSKO GmbH & Co. KG
1 Scope of validity
1.1 These General Terms and Conditions of Business (in the following: “T&C”) apply to all deliveries to companies and other commercial customers (in the following: “Customers”). The T&C apply also where they are not referenced explicitly.
1.2 Changes and amendments to the T&C and likewise any opposing or deviating terms or contract stipu- lations of the Customer apply only in case of our express and written confirmation.
2 Subject of contracts
2.1 The subject of a contract with the Customer is in each case the delivery of goods ordered in accordance with the properties, dimensions and product description contained in our current catalogue.
2.2 Any deviating special designs and variants require detailed technical verification on the part of the Customer and are documented by way of detailed, order-specific descriptions and/or drawings.
3 Offers and the conclusion of a contract
3.1 Our offers are always conveyed without obligation. A contract is only concluded by way of our written order confirmation.
3.2 Offer conditions are always product- and/or project-specific and may deviate from case to case.
3.3 An order submitted by a Customer lapses if it is not confirmed by us in writing within one week.
4 Duties of the Customer
4.1 The Customer must check the contents of the order confirmation without delay upon receipt and must notify possible requests for amendments in writing. Additional costs incurred due to manufacturing errors resulting from failure to properly check the contents of the order confirmation are to be borne by the Customer.
4.2 The Customer is obliged to inform us in writing without delay of any changes in his business name, place of business, ownership or creditworthiness rating.
5 Delivery terms, delivery date and deadlines
5.1 The scope and form of the deliveries to be performed by us are dependent solely on the specifications contained in our order confirmation.
5.2 Delivery dates are binding only if documented in writing or at least in text form (e-mail). Periods for delivery commence on the date of forwarding of a technically clarified order confirmation to which the Customer has expressed no further objections.
5.3 Delivery dates and deadlines are deemed observed if the goods have left the factory by the specified time or else the readiness for shipment or collection has been notified to the Customer. Later requests for amendment of the order contents may lead to postponement of the delivery date. The extension of the delivery deadline in such cases is dependent on the type and scope of the amendment and does not constitute delayed performance on our part.
5.4 We are entitled to perform partial deliveries insofar as this is reasonable and meaningful for the Customer. In such cases, the deviating realisation of the deliveries will be agreed with the Customer in advance.
5.5 Delivery dates and deadlines are postponed or extended in particular for the duration of any delay whe- re despite our exercising of all due diligence the performance of contractual obligations is temporarily not possible due to instances of force majeure, natural disaster or comparable grounds such as administrative measures, disturbances of operations attributable to external causes or delays in the delivery of essential raw materials, auxiliaries or semi-finished and finished products (reservation of own receipt of supplies).
6 Passage of risk, shipment, packaging
6.1 The performance risk relating to a delivery passes to the Customer as soon as the goods subject of the contract are handed over to the transport agent (parcel courier, forwarder, postal service, direct collector).
6.2 Separate transport insurance must be demanded expressly at the latest when submitting an order. The costs of such insurance are to be borne by the Customer.
6.3 The form of shipment and the type of packaging will be chosen at our discretion unless expressly agreed otherwise. Particular specifications in this respect are to be notified by the Customer as a basis for precise coordina- tion and calculation before submission of the first binding order.
6.4 Transport packaging and all other packaging is not taken back. Proper disposal must be arranged by the Customer at his own expense.
7 Prices, costs
7.1 Our prices are applicable ex works and are furthermore subject to value-added tax at the rate appli- cable on the date of invoicing.
7.2 Prices specified in the order confirmation are always valid for the agreed delivery period or up to the agreed delivery date.
7.3 Parcel shipment (max. length 2 m, max. weight 40 kg) within the borders of Germany is free of charge from a net value of the goods of €200.00; a flat-rate shipment charge is payable for lesser order values. Parcel shipment (max. length 2 m, max. weight 50 kg) outside Germany is free of charge from a net value of the goods of €400.00; shipping costs will be charged as incurred for lesser order values. The costs for shipment by a forwarder are always calculated on an order-specific basis and are to be borne by the Customer, unless agreed otherwise.
8 Terms of payment
8.1 For listed customers, our invoices are due immediately upon receipt and payable with 2% cash discount within eight days of the invoice date or without deductions within thirty days of the invoice date, unless agreed otherwise.
8.2 First orders from new customers are always subject to advance payment.
8.3 If case of any essential deterioration in the Customer‘s financial situation after conclusion of a contract but before delivery, e.g. where the Customer ceases payments or files for insolvency proceedings, we are entitled to demand advance payment and to withhold delivery until receipt of the payment.
8.4 If the Customer falls into default, i.e. an agreed deadline for payment is exceeded, we are entitled to issue a reminder and to charge all costs, fees and interest incurred in connection therewith, but at least € 20, to the Customer.
9 Reservation of title
9.1 The goods remain the property of Sysko until paid in full.
9.2 The Customer is entitled to resell goods subject to our reservation of title in the course of normal business. The Customer herewith and in advance cedes to us all claims against third parties arising in connection with such resale up to the amount of the corresponding invoice value (including any value-added tax, where applicable). Irrespective of this assignment, the Customer remains entitled to collect the due payments.
9.3 Processing and refashioning of our goods by the Customer is deemed to be performed exclusively on our behalf. In case of processing together with other goods which are not our property, we are entitled to co-ownership of the new product in accordance with the ratio between the invoice value of the goods subject to our reservation of title and the purchase price of the other goods processed (at the time of processing).
9.4 Ownership title in our goods and products passes to the Customer only after full settlement of all payment claims. To avoid over-securing, we grant the Customer the right to demand the release of security in excess of 120% cover for the remaining payment claims to be secured.
10 Notification of defects, warranty
10.1 Where the Customer has ordered goods in accordance with a contract concluded as a business trader, he is obliged to check the goods without delay and with all due care and attention upon receipt and to notify any material defects detected in writing without delay. Defects which are not immediately visible are to be notified without delay and in a similar manner as soon as they are determined. If the Customer fails to comply with this obligation, the goods are deemed to have been accepted as free of defects. The late notification of evident damage and defects results in the exclusion of our liability for defects.
10.2 In case of material defects, we may choose at our own discretion whether to perform rectification by way of reworking, the partial replacement of components or a replacement delivery. If rectification is unsuccessful, the Customer may reduce the agreed price or in the case of a significant violation of duties withdraw from the contract.
10.3 In case of interference with or modification of the supplied goods without our prior written consent, whether by the Customer or any third party commissioned by the Customer, all claims to liability for defects are rendered null and void.
10.4 Our duty to rectify defects does not cover normal wear and tear or defects which arise only after deli- very (for which the decisive point in time is the time of shipment from the factory), e.g. defects attributable to external influences or incorrect use. The same applies in case of improper handling or treatment of the products by the Customer.
10.5 If it is revealed that a defect notified by the Customer does not exist or else lies outside our sphere of responsibility, we are entitled to charge any expenses and costs incurred in connection therewith to the Customer.
11.1 We are liable exclusively under the applicable German Product Liability Act (Produkthaftungsgesetz – ProdHaftG).
11.2 Liability for damage attributable to ordinary negligence or for loss of profits, increased labour costs on the part of the Customer, loss of availability for use and/or reduced turnover are excluded.
12 Data privacy
12.1 We undertake to observe all data privacy demands relevant to our performance of the contract and will oblige all employees to likewise comply with all applicable data privacy regulations, in particular § 5 of the Federal Data Protection Act (Bundesdatenschutzgesetz).
12.2 Customer data will only be passed on to third parties with the express written consent of the Customer.
13 Place of fulfilment, applicable law, place of jurisdiction
13.1 The place of fulfilment for all deliveries and services is our place of business.
13.2 Our General Terms and Conditions of Business and contracts concluded on the basis of these terms and conditions are subject to the law of the Federal Republic of Germany, to the exclusion of UN Sales Law.
13.3 If the Customer is a business trader, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of this contract is our place of business. We nevertheless remain entitled to assert our own claims at the Customer‘s place of jurisdiction.
14 Severability clause
If individual stipulations of the T&C are found to be or become wholly or partially ineffective, and likewise if any gap is revealed in the T&C, this shall not affect the effectiveness of all other stipulations.