General conditions of sale
These conditions of sale apply exclusively to entrepreneurs, legal entities of the public law or public special assets within the meaning of §310 para. 1 Civil Code (BGB). Recognize conflicting or deviating terms and conditions of the purchaser We only accept if we expressly agree in writing. These Terms of sale also apply to all future business with the Orderer, as far as it concerns legal transactions of a related nature.
§2 offer and contract
If an order is to be regarded as an offer according to §145 BGB, we can do this within two weeks.
§3 Submitted documents
At all in connection with the placing of order the customer left documents, like e.g. Calculations, drawings, etc., we reserve property and copyrights in front. These documents may not be made accessible to third parties Unless we give the orderer our express written Approval. As far as we do not accept the offer of the customer within the period of § 2, these documents are to be returned to us immediately.
§4 prices and payment
Unless otherwise agreed in text form, our prices ex works are exclusive Packaging and shipping and plus VAT in each valid amount. Costs of shipping and packaging will be charged separately.
The deduction of cash discount is only permitted with a written special agreement. Unless otherwise agreed, the purchase price is within 10 days to pay after delivery. Default interest is 9% above the respective base interest rate p.a. and a lump sum of 40 euros calculated. The assertion of a higher damage caused by default remains reserved. Unless a fixed price agreement has been made, reasonable price changes remain due to changes in labor, material and distribution costs for deliveries, 3 months or later after conclusion of the contract, reserved.
§5 Rights of retention
The customer is only authorized to exercise a right of retention insofar as his Counterclaim based on the same contractual relationship.
§6 delivery time
(1) The beginning of the delivery time specified by us sets the timely and proper Fulfill the obligations of the customer. The plea of the Unfulfilled contract reserved.
(2) If the customer is in default of acceptance or culpably violates other Duty to cooperate, so we are entitled to the extent that arises to us Damage, including any additional expenses to be replaced. further Claims are reserved. If the above conditions are met, there is a risk of accidental destruction or accidental destruction Deterioration of the purchased item at the time of the orderer in which this has fallen into acceptance or debtor default.
(3) We are not liable in case of intent or gross negligence Delayed delivery delay for each completed week of delay in the context a lump-sum compensation for default amounting to 3% of the delivery value, maximum not more than 15% of the delivery value.
(4) Further statutory claims and rights of the customer due to a Delays in delivery remain unaffected.
§7 Transfer of risk upon dispatch
If the goods at the request of the purchaser sent to this, so goes with the dispatch to the Orderer, at the latest when leaving the factory / warehouse, the risk of accidental loss or accidental deterioration of the goods on the Orderer over. This applies regardless of whether the shipment of the goods from the place of performance or who bears the freight charges.
§8 Retention of title
(1) We reserve the ownership of the delivered goods until full payment all claims from the delivery contract. This also applies to everyone future deliveries, even if we do not always expressly appointed. We are entitled to take back the purchased item if the customer behaves contrary to the contract.
(2) The buyer is obliged as long as the property is not yet on him has proceeded to treat the purchased goods with care. If maintenance and inspection work has to be carried out, the customer has to carry it out on time at his own expense. As long as the ownership has not been transferred, the buyer has us immediately to notify in writing if the delivered item seized or subjected to other interventions by third parties. As far as the third party unable to pay us the judicial and extrajudicial costs to reimburse a complaint in accordance with §771 ZPO, the buyer is liable for us incurred failure.
(3) The customer is for the resale of the reserved goods in the normal Business dealings. The claims of the customer from the resale The purchaser hereby assigns the reserved goods to us in the amount of agreed final invoice amount (including VAT) from. This assignment applies regardless of whether the purchased item without or after Processing has been resold. The customer remains for collection the claim also authorized after the assignment. Our power, the To collect claim itself remains unaffected. We will however Do not collect the claim as long as the customer has his Payment obligations from the collected proceeds, not in Default of payment is and in particular no application for opening insolvency proceedings or payment suspension is present.
(4) The processing and processing or transformation of the purchased item by the Orderer is always named and on behalf of us. In this case sets the right of expectancy of the purchaser to the purchased item to the reformed Thing away. If the purchased item with others, not belonging to us We will acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other Objects at the time of processing. The same applies to the case of Mixing. If the mixing takes place in such a way that the Is to be regarded as the main object of the customer, shall be deemed agreed that the customer assigns proportional co-ownership to us and so incurred sole ownership or co-ownership for us. to Securing our claims against the customer, the buyer also enters such demands on us, by him the connection of the reserved goods with a property grown against a third party; we take these Assignment already now.
(5) We undertake to provide the securities to which we are entitled on request of the orderer, insofar as their value is to be secured exceeds 20%.
§9 Warranty and notice of defects as well as recourse / manufacturer's recourse
(1) Warranty rights The orderer assumes that he owes his account according to §377 HGB Duly complied with the examination and notification obligations.
(2) Claims for defects become statute - barred twelve months after delivery Goods delivered by us at our customer. For claims for damages in case of intent and gross negligence as well as injury of life, body and health on an intentional or negligent dereliction of duty of the user, the statutory period of limitation applies. As far as the law according to §438 Abs. 1 Nr. 2 BGB (buildings and things for buildings), §479 para. 1 BGB (right of recourse) and §634a para. 1 BGB (Construction defects) longer periods mandatory, these periods apply. Prior to returning the goods our permit is to be requested.
(3) Should, despite all due care, the delivered goods a defect which already existed at the time of the transfer of risk the goods, subject to timely notice of defects of our choice repair or replace. It is always an opportunity for us Subsequent performance within a reasonable period. Recourse remain unaffected by the above regulation without limitation.
(4) If the subsequent fulfillment fails, the customer can - without prejudice to any Claims for damages - withdraw from the contract or compensation reduce.
(5) Claims for defects do not exist in case of insignificant deviation from the agreed condition, with only insignificant impairment of the usability, in case of natural wear or tear as in case of damage after Transfer of risk due to faulty or negligent treatment, excessive Stress, unsuitable equipment, defective construction work, unsuitable Subsoil or due to special external influences arising after the contract is not required. Be by the buyer or third parties improperly repair work or changes made, so There are also no claims for defects for these and the resulting consequences.
(6) claims of the customer because of the required for the purpose of supplementary performance Expenses, in particular transport, travel, labor and material costs, are excluded, as far as the expenses increase because of the Goods delivered to us have been subsequently transferred to a place other than the customer's place of business, unless the shipment complies with its intended use.
(7) Claims for recourse of the customer against us exist only insofar as as the purchaser with his customer no over the legally binding Claims for defects has been made. For the scope The right of recourse of the purchaser against the supplier also applies Paragraph 6 accordingly.
(1) This Agreement and all legal relationships between the parties shall be governed by the law of Federal Republic of Germany excluding the UN Sales Convention (CISG).
(2) Place of performance and exclusive place of jurisdiction and for all disputes this place of business is our place of business, provided that the customer is a merchant within the meaning of the Commercial Code, a legal person of public law or a special fund under public law and as stated in our order confirmation nothing else results.