Conditions of Use

§1

General
1.1 The following conditions are valid for all our offers, sales, deliveries and services and become the content of the contract. They shall not apply if our contractual partner is a private individual and is not a professional or commercial person. They also apply to all future business relations, even if they are not expressly agreed again.
1.2 Deviating or supplementing general terms and conditions of business of the buyer are hereby expressly contradicted. They shall not apply even if the Purchaser has based them on his order or other explanation.

§2

Offers and orders
2.1 Our offers are subject to change without notice with a binding period of 30 days, unless they are described as binding in writing. An effective contract is therefore only concluded by our order confirmation or the delivery of the goods. If we request a counter-notification by the purchaser, the contract only comes into being with this.
2.2 Dimensions, weights, illustrations, drawings as well as other documents, which belong to our non-binding offers remain our property and are only approximate. Only in the case of explicit written confirmation by us can they become a binding contract. §3 Doubtful solvency

§3

Doubtful solvency
3.1 If, after conclusion of the contract, we become aware of circumstances which give rise to doubts as to the purchaser's ability to pay, we may make additional deliveries dependent on the prepayment of the goods by the buyer. We may set a reasonable deadline for the advance payment of the goods and withdraw from the contract if the advance payment is not received by us in due time; The buyer can afford security through bank guarantee instead of prepayment. If we have already delivered the goods, the purchase price is due immediately without deduction regardless of the agreed payment periods.
3.2 Doubtfulness of the buyer's ability to pay is due, inter alia, if an application for opening insolvency proceedings has been filed against his assets or if he does not make payments to us or third parties on time.

§4

Prices
4.1 Our prices are net, ex works, unless otherwise agreed with the buyer. The costs for packaging, freight, insurance, export and import charges, fees, duties and certification are not included in the price and shall be borne by the customer.
4.2 The statutory value-added tax is not included in our prices and is stated separately in the invoice on the day of invoicing.
4.3 If there are more than 4 months between the date of conclusion of the contract and the date of delivery without this being due to a delivery delay which we are responsible for, and if our valid price list has changed during this time, Of the delivery. We will provide the buyer with a correspondingly amended order confirmation before the delivery. In this case, the buyer may withdraw from his order with regard to the goods for which the price has been increased. He must declare the withdrawal in writing at the latest on the second working day after receipt of the amended order confirmation.

§5

Delivery time
5.1 All of the above delivery dates are non-binding and shall be deemed to be approximate only as far as they are not expressly designated as binding by us. In the case of non-binding delivery dates, delivery shall be deemed to be in good time within 7 days after the indicated delivery time.
5.2 If we are unable to meet an explicitly agreed deadline or if we are in default for other reasons, the purchaser shall grant us a reasonable period of grace commencing with expiration of §5.1. After expiry of this period of grace, the purchaser is entitled to withdraw from the contract.
5.3 If the performance becomes temporarily or completely impossible for us due to force majeure or from other extraordinary and indebted circumstances, the agreed delivery time shall be extended by the duration of the performance impediment. The same applies to a statutory or by the buyer set deadline for the provision of services, in particular for post-delivery delays.
5.4 Prior to expiry of the delivery period or period of performance extended pursuant to paragraph 3, the buyer shall neither be entitled to rescission nor to compensation. If the performance impediment lasts longer than 4 weeks, both the purchaser and us are entitled to withdraw from the contract, insofar as the contract has not yet been carried out. If the purchaser is entitled to withdraw from the contract by contract or by law (eg due to an interest), this right shall remain unaffected.
5.5 In the event of any delay in delivery, as long as it is not based on intent or gross negligence, damages claims of all kinds are excluded.

§6

Shipping
6.1 The shipping is carried out at the buyer's expense. The risk is transferred to the consignment, even if carriage-free delivery is agreed and / or the dispatch is carried out with our own vehicles. We are not obliged to provide transport insurance.
6.2 Unless expressly agreed otherwise in writing, we are entitled to partial deliveries to a reasonable extent, which are calculated individually.

§7

Payment
7.1 Our invoices are to be paid within 14 days from date of invoice without deduction.
7.2 The purchaser shall also be in default without a reminder if he does not pay the purchase price within 14 days after the due date and receipt of the invoice or an equivalent payment order.
7.3 If the buyer is in arrears with a payment, all of his payment obligations arising from the business relationship with us - including those for which bills of exchange have been given - are immediately due. In this case, we are entitled to demand interest from the relevant date on a statutory basis. The proof of a higher damage by the seller remains reserved.
7.4 Bills of exchange shall only be accepted on the basis of a prior agreement and in case of discounting, without the payment of a discount. Payments in the check / exchange procedure are also accepted for the sake of performance only. The purchase price claim expires only after the bills have been completely redeemed. Exchange and discount charges are charged separately and must be paid immediately without deduction.
7.5 The Purchaser shall only be entitled to set-off, even if claims of defect or counterclaims are asserted, if the counterclaims have been legally established, recognized by the seller or are not disputed. The buyer is only entitled to exercise a right of retention if his counterclaim is based on the same purchase contract.

§8

Warranty / Liability
8.1 The buyer has to examine the received goods for completeness, transport damage, obvious defects, condition and their characteristics. Obvious deficiencies shall be notified to the buyer in writing within 2 weeks after delivery of the contract object.
8.2 We are not obliged to make a warranty if the purchaser has not made a manifest defect in writing in due time. If a deficiency in the goods is attributable to us and has been notified in writing by the buyer in due time, we are obligated to supplement the performance, to the exclusion of the rights of the buyer from the contract or to reduce the purchase price To refuse the supplementary performance. The purchaser shall grant us a reasonable period for subsequent performance for each individual defect.
8.3 The supplementary performance can be made after the choice of the buyer by removing the defect or delivery of a new product. We are entitled to refuse the type of supplementary performance selected by the buyer if it is only associated with disproportionate costs. During the supplementary performance the reduction of the purchase price or the rescission of the contract by the buyer are excluded. A reworking has failed with the second vain attempt. If the supplementary performance has failed or if the seller has refused the supplementary performance as a whole, the buyer may, at his discretion, demand a reduction of the purchase price (reduction) or declare the rescission of the contract.
8.4 Claims for damages to the following conditions due to the defect can only be asserted by the buyer if the supplementary performance has failed or the supplementary performance is refused by us. The right of the purchaser to assert further claims for damages under the following conditions shall remain unaffected.
8.5 We shall be liable for intentional or grossly negligent breach of duty as well as for damages resulting from a violation of life, body or health in accordance with statutory provisions. Furthermore, we are only liable if the breach of the contractual obligation is of material significance for the achievement of the purpose of the contract and only to a limited extent to the amount of typically foreseeable damage.
8.6 The limitation of liability pursuant to Paragraph 5 shall apply mutatis mutandis to claims for damages other than contractual claims, in particular claims for tort, with the exception of the claims under the Product Liability Act. It also applies to our employees, employees, employees, agents and vicarious agents.
8.7 Insofar as we have given a quality and / or durability warranty with regard to the goods or parts thereof, we are also liable under this guarantee. We shall only be liable for damages which are based on the absence of the guaranteed condition or durability, but do not occur directly on the goods, if the Risk of such damage is evident from the nature and durability guarantee.
8.8 We shall also be liable for damages caused by simple negligence, insofar as this negligence affects the violation of such contractual obligations, whose compliance is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we are liable only to the extent that the damages are typically connected with the contract and foreseeable. In the case of simple negligent violations of non-contractual subsidiary obligations, we shall not be liable. The liability limitations contained in §7 also apply, as far as the liability for the legal representatives, senior employees and other vicarious agents of the seller is affected.
8.9 A further liability is excluded without consideration for the legal nature of the claim asserted. Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of his employees, employees, employees, representatives and vicarious agents.

§9

Reservation of title
9.1 We retain ownership of the goods (conditional goods) until receipt of all payments from the purchase contract. The delivered goods shall only be transferred to the purchaser if the latter has fulfilled all his liabilities arising from the business relationship, including additional claims, claims for damages and redemption of checks and bills of exchange. In the case of the check-exchange procedure, the retention of title in all its forms listed here does not expire with the check payment, but only with the redemption of the bill of exchange.
9.2 The purchaser shall inform us immediately in writing of all accesses by third parties, in particular of enforcement measures and other impairments of his property. The buyer has to compensate us for all damages and costs caused by a breach of this obligation and the necessary measures to protect against third party access.
9.3 If the purchaser fails to comply with his payment obligation despite a reminder, we can demand the surrender of the reserved goods still in his possession without prior setting of a time limit. The buyer is responsible for all applicable freight costs. In the attachment of the reservation condition by us always a withdrawal from the contract. We are entitled to use the reserved goods for their exploitation. The proceeds from the sale are offset against our outstanding receivables.

§10

Place of Performance
  The place of performance for payments is Breitenworbis, for our deliveries of goods the place of dispatch.

§11

Data processing
  The purchaser agrees that we will process the data obtained in connection with the business relationship in accordance with the Federal Data Protection Act for the performance of our own business purposes, in particular store or transmit it to a credit protection organization insofar as this is within the scope of the purpose of the contract Of our legitimate interests is required and there is no reason to believe that the buyer's legitimate interest in the exclusion of the processing, in particular the transmission, of these data is predominant.

§12

Severability clause
  Amendments or additions to the contract or these general terms and conditions require the written form to be effective. Should a regulation of these General Terms and Conditions of Delivery and Payment be or become impracticable or impracticable, this shall not affect the validity of the General Conditions of Delivery and Payment.

§13

Jurisdiction and applicable law
13.1 The contractual relationship between the buyer and us is governed solely by the law of the Federal Republic of Germany, even if the buyer has his place of residence or business abroad. The application of the uniform law on the international purchase of movable property as well as the law on the conclusion of international purchase agreements on movable property is excluded.
13.2 The buyer is not entitled to assign claims from the purchase contract without the seller's consent.
13.3 If the purchaser is a merchant, a legal person of public law or a public special fund, the court of jurisdiction for both parties - including for bills of exchange and checks - is District Court Heilstadt. However, we are also entitled to sue the buyer at his general court of jurisdiction.

 

Last update: 04.01.2012

Shopping Cart Shopping Cart (0)