Terms of service
Terms of Service
§ 1 Validity
(1) These conditions of sale apply exclusively. Deviating or conflicting conditions will not be recognized by us unless we have expressly agreed to them in writing.
(2) These conditions of sale also apply to all future transactions between the parties as well as if we carry out the delivery of the goods in the knowledge of different or conflicting conditions.
(3) These general terms and conditions apply only to entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 Abs. 1 BGB..
§ 2 Offer, Acceptance
If the order represents an offer within the meaning of § 145 BGB, we are entitled to accept it within a period of two weeks.
§ 3 Prices, Payment
(1) Our prices are ex works, plus the respective statutory value added tax and exclusively the costs for packaging, unless expressly agreed otherwise.
(2) When purchasing a shipment, the seller bears the transport costs from stock and the costs of any transport insurance desired by the buyer. Any customs duties, fees, taxes and other public levies shall be borne by the buyer.
(3) The purchase price is due for payment within 14 days from invoicing. The shipment takes place after receipt of the invoice amount.
(4) After the due date, default interest of 9% above the respective base rate p.a. will be charged. We reserve the right to assert further damage caused by default.
§ 4 Offsetting, Retention
The buyer is only entitled to offset if his counterclaims are undisputed or have been legally established. The buyer is only entitled to assert rights of retention based on counterclaims from the same contractual relationship.
§ 5 Delivery
(1) A delivery presupposes the timely and proper fulfillment of the buyer's obligations. The exception of the unfulfilled contract remains reserved.
(2) In the event of default of acceptance or other culpable violation of obligations to cooperate on the part of the buyer, we are entitled to compensation for the resulting damage, including any additional expenses. Further claims are reserved. In this case, the risk of accidental loss or accidental deterioration of the goods passes to the buyer at the time of the delay in acceptance or other violation of obligations to cooperate..
§ 6 Transfer of Risk, Dispatch
If the goods are dispatched at the buyer's request, the risk of accidental loss and accidental deterioration of the goods is transferred to the buyer at the time of dispatch.
§ 7 Retention of title
(1) When the goods are dispatched at the request of the buyer, the risk of accidental demise and accidental deterioration of the goods at the time of dispatch passes to the buyer..
(2) The buyer must treat the goods with care, insure them appropriately and, if necessary, maintain them.
(3) If the purchase price has not been paid in full, the buyer must inform us immediately in writing if the goods are encumbered with third-party rights or other third-party interventions.
(4) The buyer is entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, however, he already now assigns to us all claims from such a resale, regardless of whether this takes place before or after any processing of the goods delivered under retention of title. Regardless of our authorization to collect the claim ourselves, the buyer remains authorized to collect the claim even after the assignment. In this context, we undertake not to collect the claim as long as and to the extent that the buyer meets his payment obligations, no application for the opening of insolvency or similar proceedings has been made and there is no suspension of payments.
(5) Insofar as the above-mentioned securities exceed the claims to be secured by more than 10%, we are obliged to release the securities according to our selection at the request of the buyer.
§ 8 Guarantee
(1) A prerequisite for any warranty rights of the buyer is its proper fulfillment of all investigation and complaint obligations owed under § 377 HGB.
(2) Warranty claims can be asserted within 12 months after the transfer of risk.
(3) In the event of defects in the goods, the buyer has the right to subsequent performance in the form of removal of the defect or delivery of a defect-free item. If the subsequent performance fails, the buyer is entitled to reduce the purchase price or to withdraw from the contract.
§ 9 Liability
(1) In the event of willful intent or gross negligence on our part or on the part of our representatives or vicarious agents, we are liable according to the statutory rules; also in the case of culpable breach of essential contractual obligations. Unless there is an intentional breach of contract, our liability for damages is limited to the foreseeable, typically occurring damage.
(2) Liability for culpable injury to life, limb or health as well as liability under the Product Liability Act remain unaffected.
(3) Unless expressly provided otherwise above, our liability is excluded.
§ 10 Applicable law, Place of jurisdiction
(1) This contract is subject to the law of the Federal Republic of Germany (excluding the UN-Sales law).