Terms and conditions
§ 1 Application
All deliveries and services are carried out exclusively on the basis of the following terms and conditions. Contrary to the terms and conditions of the purchaser or buyer deviating from or following the following terms and conditions of business, the contractor will not be accepted, even if the contractor had given his written consent in individual cases. If parts of the services are a service, the following terms and conditions also apply to the extent permitted by law. The following terms and conditions with the customer, also without special reference in later business.
§ 2 Order
The order shall be deemed to have been accepted if confirmed by us in writing. Provided we are offered offers, a contract comes into existence only through our written and legally signed order confirmation. Until the written confirmation of order, our offers are free. If the buyer's order confirmation deviates from our offer, we are expressly obliged to state this. In this case, a contract comes into existence only through our written confirmation.
§ 3 Delivery
The delivery period begins with the dispatch of the order confirmation, but not before the provision of documents, approvals, releases released by the customer, as well as before receipt of an agreed down payment. The delivery period shall be complied with if the consignment is notified before the expiry of the delivery or the delivery item has left the factory. Delivery is made from the factory or at the point of delivery by mail or by post, free of charge for the account and risk of the buyer. The shipping and packaging costs will be borne by the buyer in the absence of any other agreement. If the goods are dispatched by us, they travel at the risk of the buyer. When the goods are picked up by the buyer, the risk is transferred to the buyer by delivery. In the case of contract processing contracts, the goods required for the refinement shall be delivered free-of-charge. The returned goods are not returned free of charge. We are not obliged to examine the suitability of the goods sent to us for processing. Liability for damages and losses resulting from the nature of the goods is excluded. In the case of contract processing contracts, the risk of the loss and deterioration of the substance to be processed is borne by the purchaser. If the beetle is notified in writing or by telephone of the beetle in the case of contract processing orders, the goods shall be collected within 10 days, otherwise the warehousing will be at its expense and risk. Any items (samples, drawings, etc.) delivered by us remain our property, must be treated with care and confidential, must not be left to third parties and must be returned to us unsolicited after failure of the contractual negotiations or final termination of the contract.
§ 4 acceptance and transfer of risks
The customer is obliged to accept the delivery item. The purchaser shall be obliged to accept the delivery item within the same deadline, unless it is temporarily prevented from accepting without fault. Orders on demand must be accepted within 6 weeks of the intended call date, unless otherwise agreed. There must be a reasonable deadline between the delivery schedule and the desired shipment.
§ 5 Terms of payment
Our prices are without any deduction. In addition, the VAT, in each case the statutory amount. The granting of discounts must be in writing; It is lapsed if the buyer is in arrears with the payments due. Price changes are permissible if more than four months are between the conclusion of the contract and the agreed delivery date. If, subsequently to the completion of the delivery, wages, material costs or market entry prices are increased, we are entitled to increase the price appropriately according to the cost increases. The purchaser is entitled to rescind the contract only if the price increase not only negligibly exceeds the increase in the general cost of living expenses between order and delivery. If the purchaser is a merchant, a legal entity under public law or a public special fund, price changes pursuant to the abovementioned regulation are permissible if there is more than 6 weeks between the conclusion of the contract and the agreed delivery date.
3. Invoices shall be issued on the day of dispatch or acceptance of the goods; In the case of early delivery, the agreed delivery date shall be deemed an exhibition date. In principle, the terms of payment stated in the order confirmation or at the invoice date apply. Bills of exchange or checks are only accepted for payment. If several bills of exchange or checks are accepted by us, we are entitled, even if only one, to demand immediate payment of our entire claim. Discounting and collection costs shall be borne by the Purchaser. We shall be entitled to demand up to 70% of the agreed purchase price, as well as up to 40% of the agreed purchase price, as advance payment, after conclusion of the contract for goods supplied with the company of the buyer or other brands or signs desired by the buyer. The payment date is the day on which the payment is received by us. If the fulfillment of the payment claim is jeopardized by a deterioration in the purchaser's financial circumstances which has occurred or became known after conclusion of the contract, we may demand advance payment and immediate payment of all outstanding invoices, including invoices not yet delivered. These rights shall also apply to us if the buyer does not make payment despite a delaying reminder. In the case of call orders, the purchase price is due in the absence of a different agreement if the foreseen retrieval date is exceeded by 4 weeks. As compensation for damages, we may always charge 10% of the invoice amount, unless the purchaser proves that a damage or an impairment has not occurred at all. We reserve the right to assert a demonstrable higher loss. Interest on arrears can be claimed at 4% above the Bundesbank discount rate, but at least 7%.
§ 6 Reservation of title
The goods delivered by us remain our property until the purchase price has been paid in full and any other claims against the buyer - in particular from previous deliveries and services - have been repaid. The buyer is entitled to resell, process and process our goods within the scope of proper management. In the case of the resale of our goods, the purchaser now irrevocably assigns to us the claim arising from the sale against his customer together with ancillary rights in the amount of our claim from the delivery of the goods to us. If the buyer processes our goods or if he connects them with another item, he hereby irrevocably agrees with us that we shall be subject to the value (= selling price) of the goods delivered by us on the new item resulting from the processing or combination Goods. The transfer of ownership is replaced by custody for us. In the case of the sale by us of the new goods resulting from the processing of our goods or by connection with them, the purchaser now irrevocably transfers the part of the purchase price claim corresponding to our co-ownership share. Insofar as we ourselves and the collection of the assigned claim not reserved ourselves, the buyer is entitled to collect these for us trustee. He has to keep the incoming payments separately and forward them to us immediately until our claim is balanced. If the payment of the third party is made by transfer to the financial institution of the buyer, the latter shall now irrevocably assign to us the claim due to us against his financial institution. In the case of access by third parties to the goods in our property or co-ownership or the claim to which we are entitled in particular in case of seizures, the buyer must immediately notify the third party or the enforcement officers of our property (co-ownership) or our owner, In addition, he shall immediately inform us of the access and provide us with the documents necessary for an intervention. If the buyer pays his payments, he must immediately forward us a list of the goods still in our ownership or co-ownership, as well as of the claims assigned to us, including invoice documents. If the buyer does not meet his obligations to us in a non-punctual manner or if he does not act on the goods subject to the retention of title, we can demand the goods to the satisfaction of the customer without prejudice to the fulfillment of the contract Reasonable period has passed without success. If the buyer has fulfilled the contract, we return the items. The buyer is obligated to the goods in our property or co-ownershipStanding goods adequately against fire, water and theft. He hereby hereby irrevocably assigns to us the claims to which he is entitled in the event of the occurrence of a claim against his insurance insofar as they relate to our property or co-ownership.
§ 7 Warranty and Liability
Complaints due to deficient or incomplete performance must be reported to the Contractor in writing at the latest one week after receipt. Otherwise, supplies and services shall be deemed to have been repaid. For the goods delivered by the Contractor, the Contractor shall only accept the statutory warranty as long as and only to the extent that the supplier's warranty provisions are very different, the Contractor shall notify the Contractor of the goods in question on request. In any event, claims against the Contractor may be asserted only on the basis of a free substitute delivery or subsequent improvement after his choice. Claims for damages of any kind, claims for consequential damages, processing costs, expenses or uses are excluded, as well as claims from negligence in the conclusion of the contract and positive breach of contract. If the buyer has already processed or processed our goods, he can no longer raise any complaints. If the goods were supplied with the company of the buyer or with other brands or signs desired by the purchaser, the buyer can only raise a complaint only to the extent that the acceptance of the goods is unreasonable for him because of considerable quality deficiencies. Warranty claims are limited to a right to rectification. A second rework is permitted. If defects can not be remedied by subsequent improvements, the purchaser may demand a reduction of the remuneration or, after an election, a cancellation of the contract. The same shall apply if the Contractor fails to comply with his obligation to remedy the defect for reasons for which he is responsible. Only insignificant deviations in quality, material thickness, color etc. do not entitle the customer to complain. In particular, we reserve the right to supply more or less deliveries as well as tolerances of +/- 10%. Our technical advice is not binding. It does not release the client from checking the products submitted by us for their suitability, including the intended further processing and the intended purpose.
§ 8 Cancellation
In addition to the statutory right of rescission of the Contractor, the Contractor shall also have such a right, even in cases of force majeure, For example in the case of industrial action. Claims for damages by the customer in this context are excluded. A right of rescission is also granted to the Contractor if the Purchaser has made incorrect information about his person or on the facts of his creditworthiness, or ceases his payments or has been asked for bankruptcy or conciliation proceedings over his assets.
§ 9 Assignment Powers
The Purchaser may assign claims from the contract only with the consent of the Contractor.
§ 10 Final provisions
Verbal declarations or commitments by the Contractor's employees are only binding if they have been confirmed in writing by the Contractor. Supplementary agreements, additional or deviating agreements require the written form to become an integral part of the contract. This requirement of written form is subject to change only by written agreement. In the event that individual provisions of these terms and conditions are or become invalid, the effectiveness of the remaining terms and conditions shall remain unaffected. The parties to the contract are obliged to replace the invalid provision with a regulation that is as close as possible to it in economic terms. The contractual relationship is subject exclusively to German law for both parties. The place of fulfillment for deliveries, services and payments is the place of business of the contractor. If the purchaser is not a full buyer, the statutory court of jurisdiction shall apply; otherwise, this is the place of business of the contractor for all legal disputes