I. Preliminary remarks
Individual contractually agreed provisions within the contractual relationship take precedence over the General Terms and Conditions. Should individual provisions be ineffective, the remaining provisions remain valid. These conditions of purchase apply to all business transactions with us, even if they are not mentioned in later contracts. General terms and conditions of the buyer are only agreed to the extent that they have been brought to our attention in good time and insofar as they do not conflict with the individual contract and the following provisions and we have confirmed them in writing.
II. Order
All orders, which are given to us by the buyer, require the acceptance by written order confirmation, unless it is a cash transaction. Deviations of the ordered or delivered articles from the order are expressly reserved in the context of technical progress.
III. delivery
The delivery times and dates quoted by us are non-binding, unless they have been expressly confirmed in writing by us as a “binding delivery date”.
IV. Liability for defects
The buyer is obligated to inspect the delivered goods immediately after delivery and to notify us in writing of any existing defects (at the latest until the next working day following the delivery). Defects that were reported late, ie contrary to the above obligation, are not considered by us and are excluded from the warranty. The return of the goods to us in the event of a defect can only be made with our prior consent. Returns that are made without our prior consent will not be accepted. In this case, the buyer bears the cost of the return. In the case of a legitimate complaint, the buyer has the right to demand subsequent performance from us. The right to vote, whether new delivery of the thing or removal of defects takes place, We will do this at our own discretion. In addition, we have the right, in the event of failure of a subsequent performance attempt, to carry out another subsequent performance, again at our own discretion. Only if the repeated supplementary performance fails, the buyer has the right to withdraw from the contract or to reduce the purchase price. The purchaser may demand compensation or reimbursement of expenses in vain only in cases of grossly negligent or intentional violation of the duty to deliver goods free of defects. He has to prove the damage to the ground and the amount. The warranty period for new and used goods is one year from delivery. In any case, the buyer must prove that the defect already existed on delivery. In the case of incomplete deliveries or wrong deliveries or if we violate any other obligation (secondary duty) in a manner for which we are responsible, the Buyer must set us in writing a reasonable deadline for the delivery of the goods owed or for the elimination of the breach of duty. We deliver more than just insignificant shortfalls as far as we can reasonably expect. Otherwise, we will issue a credit.
V. Liability for breach of duty by the supplier in other respects
Without prejudice to the provisions on warranty and other special provisions made in these provisions, the following applies in cases of breach of duty on our part:
The buyer has to grant us a reasonable period of supplementary performance for the elimination of the breach of duty, which may not be less than three weeks. Only after unsuccessful expiration of the supplementary performance period, the buyer can withdraw from the contract and / or demand damages. Damages, even if not delivered on time, the buyer can assert only in cases of gross negligence or willful breach of duty by us. Compensation instead of the performance and the delay damage are limited to the negative interest, compensation for non or not as owed performance is limited to the amount of the purchase price. Compensation instead of performance in case of exclusion of the obligation to pay is excluded. Is the buyer for circumstances that would entitle him to resign,
VI. Exclusion of procurement risk and guarantee
We do not assume any procurement risk with ordered and not immediately available articles. The assumption of any kind of guarantees is excluded, unless this is an express written agreement with the buyer.
VII. Prices
The price is calculated from the supplier’s location in EURO plus applicable VAT.
VIII. Invoice / Payment
All deliveries are to be paid net cash. A cash discount deduction requires prior written agreement. If the term of payment is exceeded, default interest in the amount of 8% above the respective base interest rate of the Deutsche Bundesbank shall be payable on the invoice amount.
IX. Retention of title
Any goods delivered by us shall remain our property until the full payment of the purchase price and until full settlement of all claims resulting from the business relationship (extended retention of title). If the goods are processed or processed by the buyer, the retention of title extends to the entire new thing. Any form of disposal by the buyer of the goods subject to retention of title is only permitted in the regular course of business of the buyer. Under no circumstances, the goods may in the
General business transactions to third parties. In the case of the sale of the goods in regular business, the paid purchase price takes the place of the goods. The buyer hereby assigns to us all claims arising from any sale. The buyer is authorized to collect these claims as long as
when he meets his payment obligations to us. In view of the extended reservation of title (advance assignment of the respective purchase price claim), an assignment to third parties, in particular to a bank, is in breach of contract and therefore inadmissible. We are entitled at any time to examine the sales documents of the buyer and to inform the buyer of the assignment. If the buyer’s claim from the resale has been included in a current account, the buyer hereby assigns his claim from the current account to his customer. The assignment is made in the amount that we had charged the buyer for the resold reserved goods. In the case of seizure of the goods at the buyer, we are to be informed immediately by sending a copy of the foreclosure record and an affidavit that the goods seized are the goods subject to retention of title delivered by us. If the value of the securities in accordance with the preceding paragraphs of this clause exceeds the amount of the claims secured by them by more than 20% for the foreseeable future, the purchaser is entitled to demand the release of securities from us insofar as the excess has been exceeded. The assertion of our rights under the retention of title does not release the buyer from his contractual obligations. The value of the goods in the that the seized goods are the goods subject to retention of title delivered by us. If the value of the securities in accordance with the preceding paragraphs of this clause exceeds the amount of the claims secured by them by more than 20% for the foreseeable future, the purchaser is entitled to demand the release of securities from us insofar as the excess has been exceeded. The assertion of our rights under the retention of title does not release the buyer from his contractual obligations. The value of the goods in the that the seized goods are the goods subject to retention of title delivered by us. If the value of the securities in accordance with the preceding paragraphs of this clause exceeds the amount of the claims secured by them by more than 20% for the foreseeable future, the purchaser is entitled to demand the release of securities from us insofar as the excess has been exceeded. The assertion of our rights under the retention of title does not release the buyer from his contractual obligations. The value of the goods in the to demand the release of collateral from us insofar as the excess is present. The assertion of our rights under the retention of title does not release the buyer from his contractual obligations. The value of the goods in the to demand the release of collateral from us insofar as the excess is present. The assertion of our rights under the retention of title does not release the buyer from his contractual obligations. The value of the goods in the
The time of redemption will only count towards the existing receivable. In a claim of the retention of title by us is only then a resignation, if we have previously expressly stated in writing.
X. Place of Performance and Jurisdiction
The place of fulfillment is the location of the supplier. The place of jurisdiction is determined by the legal regulations. If the buyer is a merchant, the place of jurisdiction is the seat of our company. For all legal relations between the buyer and us the law of the Federal Republic of Germany applies.