General terms and conditions
- The general terms and conditions are part of all offers and contracts for the delivery of goods by the seller.
- Purchase conditions of the customer that are not expressly recognized are not binding for the seller, even if they are not expressly contradicted.
2. Offers, delivery times
- General offers are non-binding, subject to prior sale. The seller’s prices are net without VAT.
- Offers become legally binding through written commitments.
- Delivery times are subject to correct and timely self-delivery.
- Samples and specimens are considered approximate examples of quality, dimensions and color, the properties of which are not guaranteed.
3. Delivery, delay and possibility
- Deliveries are made from the seller’s warehouse at the risk of the buyer.
- In the event of a delay in delivery, the buyer must set a grace period of 30 days, after which he is entitled to withdraw from the contract.
- Partial deliveries are permitted.
- In the event of a delay in delivery due to force majeure or other events for which the seller is not responsible, the seller can postpone delivery for the duration of the corresponding hindrance.
- There is no obligation to take back goods delivered free of defects.
- The seller’s invoices are payable upon receipt without deduction, regardless of the delivery status of the goods. In the event of non-payment within the payment period, the buyer is in default without a reminder.
- According to § 14 of the German Civil Code, there is no right of objection for business founders, freelancers and the self-employed.
- The buyer waives the assertion of a right of retention from previous or other transactions of the current business relationship.
- The offsetting of counterclaims is only permissible insofar as these are undisputed or have been legally established. In the event of payment difficulties for which the buyer is responsible, in particular in the event of default in payment, the seller is entitled to make further deliveries only against advance payment
- If installment payments are granted, the remaining amount is due immediately if the buyer is culpably in arrears with an installment or is in arrears for more than one week.
5. Notification of defects, warranty and liability
- The obligations of §§ 377 and 378 HGB apply with the proviso that the buyer who is a merchant within the meaning of the HGB, all recognizable defects and the buyer who is not a merchant, all obvious defects, missing quantities or incorrect deliveries within six working days after delivery. Transport damage or shortages must be reported in writing immediately after the goods have been handed over.
- In the case of a timely, justified notification of defects of defective goods, the seller has the choice of remedying the defect or delivering a defect-free item. If the supplementary performance fails or is not provided within a reasonable period of time or is refused or if it is unreasonable for the seller due to disproportionately high costs, the buyer can demand cancellation of the contract or reduction of the remuneration (reduction).
- The seller is liable for damage resulting from injury to life, limb, health or essential contractual obligations that he, his legal representative or vicarious agent have culpably caused. The seller is further liable for damage caused intentionally or through gross negligence by himself, his legal representative or vicarious agent. The seller is not liable for damage caused by simple negligence by himself, his legal representative or vicarious agent. This applies regardless of the legal nature of the asserted claim, in particular due to delay, other breach of duty or tort.
- In the case of the delivery of new items, the buyer’s claims for material defects become time-barred one year after delivery of the purchased item. Claims for defects for the delivery of used items are excluded.
6. Retention of title
- The delivered goods remain the property of the seller until the purchase price and all claims from the entire business relationship have been paid in full. If the buyer is in default of payment, he is obliged to return the reserved goods after a reminder.
- If reserved goods are sold by the buyer, the buyer hereby assigns the claims arising from the resale in the amount of the value of the reserved goods with all ancillary rights to the seller who accepts this. The value of the goods subject to retention of title is the seller’s invoice amount plus a security surcharge of 10%, which is not included if third-party rights conflict with it.
- If the requirements for a place of jurisdiction agreement according to Section 38 of the Code of Civil Procedure are met, ie if the buyer is a merchant, the place of jurisdiction for all claims of the contracting parties, including actions on bills of exchange and checks, is the court responsible for the seller’s registered office.
8. Data protection clause
- The buyer is hereby informed that personal data will be stored for the purposes of the business relationship entered into and – to the extent permitted by law – used or transmitted.
9. Final provision
- Should one of the above provisions be ineffective – for whatever legal reason – this shall not affect the effectiveness and binding nature of the remaining provisions. cover.