|
Our Terms and Conditions
§ 1, the following general terms and conditions apply to all of our contracts, supplies and other benefits. Our Terms and Conditions apply exclusively. Contrary person or by our sales conditions differing conditions of the customer we do not recognize, unless we have explicit written approval. Our Terms and conditions apply, even if we were aware of contrary or by our General Terms and Conditions of the buyer deviating delivery to the customer without reservation. All agreements between us and the buyers for execution of this agreement shall be set out in the written form. Our sales conditions apply only to merchants within the meaning of Section 24 AGBG.
§ 2 Our offers are subject to the extent that the confirmation of the order requires otherwise. Contracts and warranties of any kind are binding only when they have been confirmed in writing. Offers valid only be adopted if the delivery is made, or the offer from us within 14 days of confirmation.
§ 3 If in the order confirmation for something different, our prices from the factory or warehouse. Our bills are, if nothing else has been agreed, usually payable on delivery. The delivery is usually made on delivery. We are entitled to payment from the buyer due to its older debts. For this we are also entitled to if the buyer is a discretion repayment provision applies. Credit checks are conditional on the receipt, minus the expenses value of the day on which we have the equivalent value. Payments by interactions are not accepted. Maybe agreed discounts will not be granted if the purchaser with the payment of previous bills in arrears. We reserve the right to make our prices reasonable to change if after the conclusion of the contract cost reductions or cost increases particularly because of collective agreements or material price increases occur. These are the buyers, we provide evidence on demand. The prices are inclusive of VAT. The deduction of discounts require a separate written agreement. If the buyer is in default of payment, we are entitled to interest on late payment in the amount of 4.5% above the base rate of the European Central Bank pa To demand. If we are capable of a higher damage caused by delay, we are entitled to make these claims. The buyer, however, entitled to us to prove that we, as a result of delayed payment no or much less damage. We are entitled to due interest at the rate of 5% per annum To demand. Netting rights are available to the buyer only after his claims judicata, undisputed or acknowledged by us. He is also to exercise a right only to the extent authorized when his counter-claim on the same contractual relationship.
§ 4, the start of the delivery period, the clarification of all technical issues. We devices for reasons we have to represent, in default, the liability for damages in cases of ordinary negligence. If the buyer us after we already are in default, a reasonable time limit with the threat of rejection, he is after the expiry of the grace period allowed by the contract. Claims for damages for non-compliance in the amount of foreseeable damage, the buyer only if the delay to intent or gross negligence. Moreover, damages our commitment to 50% of actual damage. Compliance with our delivery commitment, the timely and proper performance of the obligations of the buyer. If the buyer is in default or is otherwise non-compliant, so we are entitled to our damages, including any additional expenses. In this case, the risk of accidental loss or deterioration of a random thing in the purchase date to the buyer, in the acceptance of these defaults.
§ 5 We reserve the title to the goods until they receive payments from the contract. Processing or reshuffle always done for us, but without any commitment for us. Should our property by association, mixing, or processing it is already agreed that the property of the buyer in the single thing wertanteilmäßig on us over. The buyer keeps our property free of charge. Ware, on the property we deserve, is hereinafter referred to as conditional goods. The purchaser is entitled to the reserved goods in the ordinary course of business transactions to process and sell, as long as he is not in default. A pledge or transferring is inadmissible. The out of the resale, or any other legal ground regarding the reservation product claims arising enters the buyer already in full security to us. In this context, we empower the buyer revocable, which claims to us on his account in his own name. At our request, the buyer and disclose the assignment us with the necessary information and documents. In the case of access of third parties or third parties forthcoming visits to the subject goods, the buyer on our property and notify us forthwith. In contrary behavior of the buyer, especially payment default, we are entitled to the reserved merchandise back or, as appropriate assignment of the issuance of the buyer claims against third parties. The by such a withdrawal of reserved goods resulting transportation and other costs will be borne by the buyer. The re-delivery of goods can be repossessed the buyer only after full compensation of the claim. In such a withdrawal of the reserved goods by us is not a resignation from the contract, unless we have explicitly stated in writing. We commit ourselves to our rightful assets from the property subject to the buyer's request, insofar as the realizable value of our assets to back the claims by more than 20%. The selection of released.
§ 6 by us mentioned dates and deadlines are, unless otherwise expressly agreed in writing, as approximate delivery and service periods. Delivery times of up to 4 weeks without notice shall be deemed to be the market and shall not resign right of the purchaser of the order. We are entitled to partial deliveries and partial services. The warranty rights of the buyer assume that his under § 377, § 378 HGB owed complaint investigations and duties properly discharged. Shipping and performance delays due to force majeure, and because of events that allow us to supply much more difficult or impossible (for example, a strike or lockout), we are not responsible. They entitle us to the delivery or service for the duration of disability, plus a reasonable starting time delay or because of the still unfulfilled part wholly or partly by the contract. If the disability for more than 5 weeks, is the buyer after a reasonable period of authorized by the contract. If we non-compliance with binding deadlines and dates agreed to represent us, or are in default, the purchaser is entitled to a delay compensation in the amount of 3% for each full week of delay, but not more than a total of up to 15% of the invoice value of the delay affected supplies and services. Any further claims, including claims for damages of any kind, are excluded, unless they are on willful or grossly fahrläßiges behavior due.
§ 7 Where in the order confirmation for something different, delivery is from stock agreed. The risk is transferred to the buyer as soon as the consignment has been handed over to a carrier, or for the purpose of sending our camp has left. If the buyer wants it, the delivery of a transport insurance eingedeckt. The cost is borne by the buyer.
§ 8 The warranty period is 6 months. The warranty begins with the date of the danger transition. Will our operating, maintenance or assembly instructions are not followed or changes made to account for any warranty extent that the deficiency here. The contested parts of our choice without charge or rectify the new supply, provided they mainly as a result of the transfer of risk circumstance, especially because of incorrect or defective production are unusable or their usefulness has been greatly affected. Are we to eliminate defects or replacement unwilling or unable or past a reasonable time limits, for reasons we have to defend, or in any other way, the shortcomings elimination or replacement fails, then the buyer after its election entitled Conversion (cancellation of the contract) or reduction (reduction of the purchase price). The warranty claims are excluded if without our explicit consent to the critical pieces of changes or repairs are made. Warranty claims against us are only the direct purchasers, and are not transferable. Where nothing else results, any further claims by the buyer, regardless of what legal grounds. Therefore, we do not liable for any direct or indirect damages, lost profits and other damages assets of the buyer. This does not apply if the damage caused by deliberate or grossly negligent behavior on our part. If we neglect a cardinal duty or obligation that violate our obligation to the foreseeable damage.
§ 9 If our liability is excluded, the same is true for our fulfillment or vicarious agents, if not intentional or grossly negligent actions. The warranty period of 6 months from the transfer of risk is a limitation period, and also applies to claims for compensation for damages, provided no claims of tort claim.
§ 10 shall apply the laws of the Federal Republic of Germany. The applicability of the UN is expressly excluded. The extent permitted by law, the jurisdiction for all of this contractual relationship, directly or indirectly resulting disputes the seat of the seller. The place of performance for all obligations under this contract is the seat of the seller. If any provision in these Terms and Conditions be or become ineffective, then the validity of the other provisions or agreements is not affected.
|