Terms of Business
General information
The following delivery terms apply to all contracts, deliveries And other services, including all consultancy services, Which is not the subject of an independent consulting contract And provided they are not provided with the express, written consent Of the seller. they Shall apply both to contracts concluded with customers who: Entrepreneurs in the sense of § 13 BGB or legal persons of the Public law and public funds, As well as for contracts with consumers within the meaning of § 13 BGB. Head Employed farmers working out of their business income Are not consumers in the sense of the law. conditions Of the buyer shall not become a contractual component even if they are The seller does not object to the contract again Delivery / performance without reservation. Of these conditions Other agreements shall be incorporated into the Order confirmation.
Offer and scope of delivery
Offers from the seller are always free. The to the offer Documents, such as illustrations, drawings, weight and Measurements are only approximate, unless expressly stated As binding. The changes are inadequate And from the buyer no longer accept, provided they are over The usual standard. Services and operating costs Are given as average values. On cost estimates, Drawings and other documents, the seller reserves the right to And copyrights, they may not be accessible to third parties The buyer is, insofar as not another delivery period Is bound to the order for a maximum of 6 weeks. The purchase contract is concluded when the seller makes the purchase Acceptance of the purchase of the item of purchase Within this period has confirmed in writing or the delivery executed Is. However, the seller is obliged to make a possible refusal Of the order without delay in writing. All Between the seller and the buyer are in the Contract in writing. This also applies to Ancillary agreements, warranties and subsequent amendments to the contract. Design and shape changes of the delivery item Reserved, insofar as the delivery item has not been significantly modified and The changes are reasonable for the purchaser. Information in the buyer Descriptions of the scope of delivery, appearance, performance, Dimensions, weights, fuel consumption and operating costs Are contract content. They serve as a criterion for determining whether the Purchase item is fault-free.
Price and payment
The prices are valid from the seller's warehouse Or from the factory, ex works Packaging. The prices are plus VAT. Delivery should be more than 3 months after conclusion of the contract , The seller is in the case of price increases by his suppliers Or unexpected increases in wage and salary Transport costs, negotiation of a reassessment Of the price. At the agreed price is the seller Only for the agreed delivery time - but at least 3 months. The buyer is not responsible for the contents of this site Of the buyer, he may demand replaced by the buyer. In the absence of any special agreement, payment shall be made upon delivery or Provision and receipt of the invoice without any deduction within From 12 days free of payment to the seller. The buyer From § 320 of the German Civil Code (BGB) Not touched. Discount commitments apply only in the event that The buyer is not in arrears with the payment of previous deliveries Is located. Seller shall only accept such agreement Discounted and duly taxed bills of exchange at. Credit notes on bills of exchange and checks are subject to change Of the receipt minus the expenses with the value date of the day To which the seller can dispose of the equivalent value. The set-off With any seller disputed or not legally binding Is not statutory. On The buyer can only assert the right of retention as far as it is concerned To claims arising from the purchase contract. If a complaint Buyer shall be entitled to make payments to the Purchaser in an amount equal to To be held back in a reasonable proportion To the defects. Payments may be made to employees Of the seller only if this is a valid collection.
Delivery periods and delay
Delivery dates and deadlines are only binding if: They have been expressly designated by the seller. The delivery period Starts with condition of the contract, but not before The provision of any documents to be procured by the Purchaser, Approvals, releases and prior to receipt of an agreed down payment. Proper and timely self-deliveries are reserved. The delivery period is extended appropriately for measures within the framework Lawful labor disputes, in particular strikes and lockouts As well as in the event of unforeseen obstacles Outside the sphere of influence of the seller or his vicarious agents As far as such obstacles can be demonstrated Of the sold object. Corresponding If the seller is not supplied on time. Of the Seller is entitled to rescind the product if the manufacturer does not Respectively. This does not apply, however, if the non-delivery by the seller (Eg late payment). Compliance with the delivery period Requires the fulfillment of the contractual obligations of the buyer. If the Purchaser due to a delay damages, so is the seller From the statutory provisions. For due to fault Of its subcontractor (Impossibility) deliveries, the seller - except selection- Or breach of negligence. Sentence 1 applies Not if the relationship between seller and buyer after Contract of employment. In any case, To indemnify the purchaser, insofar as the latter assigns to the purchaser Not fully enforce claims against the Supplier Can In addition to the statutory period of § 286 para. 3 BGB and the reminder the buyer also deviate from the deadline According to section III.2. By another calendar which can be determined according to the calendar For the purpose of payment pursuant to § 286 (2) German Civil Code (BGB).
Transfer of hazards and transport
Dispatch route and means of transport are, in the absence of a special agreement of the Choice of seller. The goods will be on demand and at cost Of the buyer. If the buyer is an entrepreneur in the sense of § 13 BGB, legal person of public law or public law In the case of the purchase purchase With the delivery of the goods to the forwarder or freight carrier, At the latest, however, by leaving the warehouse or by direct mail Ex works with the exiting of the work on the buyer. The Shall also apply if partial deliveries are made or the seller still has Other services. If the shipment is delayed as a result Of circumstances, which the buyer is responsible, so the danger goes From the date of the delivery of the transfer to the buyer. However, the seller is obliged, at the request and expense of the buyer To effect the insurance required by the latter. Supplied Objects, even if they have insignificant defects, Without prejudice to the rights of Section VII (Notification of Defects and Liability for defects). Partial deliveries are permissible, so far as is reasonable for the customer.
Retention of title
The seller reserves the right of ownership until payment is complete Of all claims arising from the commercial agreement with the buyer in front. The purchaser shall be obligated to pay the purchase item with care To protect against third party interference, and - if Agreed in writing, grants a prolonged payment objective Or is a financing purchase - immediately Against fire, theft and water damage at the new value And to prove this on request; Otherwise the Seller is entitled to insure it himself at the expense of the buyer. The buyer is obligated to make any compensation claims To the seller. The purchaser is entitled to the purchase item without Does not pledge the seller's agreement nor to secure it Over The buyer is obligated to the seller with attachments Or other interventions of third parties in writing without delay, So that the seller can bring an action according to §771 ZPO. If the third party is not able to provide the seller with the judicial And extrajudicial costs of an action pursuant to § 771 ZPO, The buyer is obliged to compensate the costs. The buyer, Who is not a consumer, is entitled to import the goods in the Continue to sell. However, he joins the seller All receivables to the amount of the final invoice amount (incl VAT) of the seller, which he receives from the resale Against its customers or third parties, namely Regardless of whether the purchase item is made without or by arrangement Has been sold. For the collection of these claims The buyer is authorized even after assignment. The power of the seller, To collect the claims itself remains unaffected, however The seller undertakes not to collect the receivables, As long as the buyer's payment obligations duly As well. Otherwise, the seller may require the buyer The assigned claims and their debtors All the information necessary for the collection, which are related Documents and notify the debtor of the assignment. If a car letter is issued for the object of purchase, Seller during the period of the retention of title the sole Right to possession of the car letter. In case of breach of contract Of the buyer, in particular in the event of a delay in payment, the seller is obliged to: Return of the goods after reminder and declaration of withdrawal And the buyer is obliged to surrender. All costs of the Return and utilization of the object of purchase shall be borne by the buyer. The cost of exploitation is 10% of the proceeds from the sale without proof Including sales tax. They are higher or higher Lower if the seller is higher or the buyer low Costs. The proceeds will be the buyer after deduction of the costs And other related to the purchase contract Demands of the seller.
Notification of defects and liability for defects
The seller is liable for defects as follows: The buyer has the received Goods immediately upon arrival in quantity, condition And assured properties. Obvious defects He must immediately reprove. If the contract is a commercial transaction for both parties, Then § 377 HGB shall apply, with the proviso that recognizable Defects within 13 days by written notice to the seller Complaints. All parts are free of charge, at their discretion Seller's choice or new As a result of a risk prior to the risk transfer Circumstance - especially due to faulty design, poor building materials Or inadequate execution - as useless or in its Not to be impaired. At the A consumer 's right to choose is the purchaser' s right to choose; Because, the seller is determined by the buyer's chosen type of supplementary performance With costs which do not arise with another choice Provided that this is without prejudice to the purchaser. Replaced Parts become the property of the seller. When replacing the whole The seller has purchased the purchased item by way of subsequent performance The buyer is entitled to unlimited rights Benefits. The use compensation Is based on the average rental cost of the property, the In the period of use. The buyer's right, To assert claims for defects is time-barred in all cases From the date of transfer of risk to 12 months, Consumption business in 23 months. In case of used goods become statute-barred The deficiencies of consumers in 12 months from the date of transition. In all other cases, Che only then if this with the seller expressly in writing was agreed. No guarantee is given for damages, Which have arisen for the following reasons: Unsuitable or Improper use, faulty assembly or commissioning By the buyer or third parties, neglected maintenance work, if These are customary and / or recommended by the manufacturer, normal Wear and tear, in particular of wearing parts, faulty or Negligent treatment, unsuitable operating materials, exchange materials, Defective construction work, unsuitable site, chemical, Electronic or electrical influences, provided they are not at fault Of the seller. In case of defect removal The buyer has the seller for the necessary work To set a reasonable deadline. Only in urgent cases of danger Operational safety and defense are disproportionate Major damage, whereby the seller is immediately to communicate, or If the seller is in default with the elimination of the defect The buyer has the right to remedy the defects themselves by third parties And ask the seller to pay for the necessary costs. For spare parts and repairs, the deficiencies Che in 12 months. The time limit for the defect in the delivery item Is increased by the duration of the rework Interruption of use. By way of example, The purchaser or third parties improperly without prior authorization Of the Seller's changes or repair work The liability for the resulting consequences will be lifted. If a repair or improvement is required by the Seller Replacement fails despite several attempts, the purchaser may from the (Rescission) or corresponding reduction of the contract Compensation (reduction). The seller is responsible for the supplementary performance Taking into account the burden on the buyer and the buyer Complexity of the defect is usually two occasions within A reasonable period. For claims for damages, Section VIII.
Limitation of Liability - Compensation
The Seller's liability is governed by statutory provisions. However, this is - irrespective of the legal basis - excluded, in so far as there is a non-material breach of duty, Which was neither intentionally nor grossly negligent. This Shall not apply if damage to life, body or health has occurred Or a liability insurance cover in favor of the seller consists. In this case, the seller enters his Claim against the insurance company to the buyer. The buyer Claims against the seller According to the statutory provisions. Is the buyer Entrepreneurs in the sense of § 13 BGB, legal person of the public Law or public special fund, however, exists An exclusion period of six months, provided the seller In writing a claim of the buyer as unfounded rejected has.
Place of performance and exclusive jurisdiction for delivery and payments As well as for all matters arising between the parties Disputes in the case of consumer transactions is the place of residence of the buyer, Otherwise the head office of the seller. The relations between the Contracting parties are governed exclusively by the law in the Federal Republic Germany with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Partial ineffectiveness In the case of invalidity of individual parts, the remaining provisions remain valid receive. Instead of the ineffective clause is a regulation To the intended purpose of the original Is most closely related to legal and economic criteria.
