Terms and Conditions
§ 1 General
1. All offers are made on the basis of the following delivery terms. These are deemed effective for the duration of the entire business relationship upon placing an order or by accepting the delivery. We do not consider deviating conditions that we do not expressly acknowledge in written form to be binding, even if we do not explicitly contradict them.
§ 2 Prices
1. The calculation of the price for the goods always occurs according to the prices and conditions that are applicable on the day of delivery. In the event of a change in price, the current prices shall be invoiced without prior notification. In the case of errors in our price list, we reserve the right to retroactive billing.
2. Our offers do not oblige us to carry out deliveries.
2. Our offers advertised in the brochure or anywhere else do not oblige us to carry out deliveries. A contract is concluded individually.
3. It is only agreed that the dealer prices, discounts or other preferential conditions granted come into effect if payment occurs according to the agreement. In the event of a delayed payment, in particular in cases of insolvency, all preferential conditions that have been granted are cancelled and the full gross prices must be paid.
4. All prices are subject to change and calculated in Euros, and shall apply ex warehouse in Freirachdorf/Westerwald or ex factory of the manufacturer, excluding packaging.
5. The legal value added tax is not included in the prices; this shall be disclosed separately on the invoice on the day that the invoice is created.
§ 3 Payments
1. Our invoices are to be paid immediately to the net sum and without the reduction of any discounts.
2. Alongside other cases regulated by law, the purchaser shall be considered to be in default of payment, without a reminder from us, if he does not make the payment within 14 days of the date of the invoice. If it is unclear whether or when the invoice was received by the purchaser, it shall be replaced by the receipt of the purchased item. Should the payment be made later than 14 days from the date of the invoice, we shall charge default interest to the amount of the standard bank debit interest of major banks, under reservation of the right to the assertion of further rights.
3. In the event of a delayed payment or suspension of payment by the customer, all of our claims shall be due immediately.
4. All assignments are only considered payment once they have been received by us.
5. For payments made by bill of exchange, the resulting discount and other charges shall be charged separately, as well as a processing fee to the sum of €10.00.
6. The purchaser may only offset against any claims of the merchant if the purchaser's counter claim is not disputed or a legally binding title exists; he may only claim a right of retention insofar as it is based on the claims of the respective purchasing contract.
§ 4 Delivery
1. Delivery dates and deadlines that can be agreed upon, both binding and non-binding, must be registered in written form. Delivery deadlines began upon conclusion of the contract.
2. If the merchant is prevented from delivering the purchased items by the agreed date or within the agreed deadline (delayed delivery), on the grounds of a circumstance for which he or an agent is responsible, he is liable pursuant to the legal provisions. If the merchant or his agent is not responsible for the delayed delivery, the merchant is only liable for the foreseeable, typically occurring damages. If the delayed delivery is only based on an infringement of a non-essential contractual obligation, the purchaser may claim a flat-rate compensation for delay to the sum of a maximum of 5% of the value of the delivery.
3. Force majeure and events which temporarily prevent the merchant, through no fault of his own, from delivering the purchased items by the agreed date or within the agreed deadline shall entitle the merchant to postpone the delivery or service for the duration of the hindrance, plus a reasonable period for the renewed start-up of operations.
4. The purchaser is obliged to accept the purchased items. If the purchaser delays his acceptance, the merchant is entitled to demand the compensation of the resulting damages.
5. Amendments to the construction or structure, deviations in color as well as changes to the manufacturer’s delivery content are reserved insofar as the amendment or deviation is acceptable for the purchaser, taking into account the merchant’s interests. If the merchant or manufacturer uses symbols or numbers for designating the order of the item that has been ordered, no rights can be derived solely from this with regards to the appropriation of the object of purchase or the delivery content.
§ 5 Transfer of Risk
1. The transfer of risk upon dispatch of the item occurs when the item is handed over to person responsible for the transport or when the item has left the merchant’s warehouse for delivery
§ 6 Liability for Material Defects
1. The limitation period for defects is 6 months for newly manufactured items. The sale of used items is done so free of any liability for defects. The seller is not liable for damages caused by delivered items, unless it is a violation of life, body and / or health.
2. The purchaser’s claims to the remedy of a defect are primarily restricted to a claim to subsequent performance, i.e. claims to rectification or replacement delivery. In the event of a failure to rectify the defect or deliver a replacement, the purchaser may demand a reduction or withdraw from the contract. In the event that a rectification fails the legal regulations apply. The prerequisites for exercising the right to withdraw are pursuant to § 323.
3. According to the legal provisions, the merchant is liable insofar as the purchaser claims compensation for damages that are based on the fraudulent intent, willful intent or gross negligence of a representative or agent. If the merchant is not accused of any intentional violation of the contract, the liability is restricted to the foreseeable, typically occurring damages. Moreover, the liability for damages is not covered insofar as the merchant is not liable in particular for damages that have not occurred to the item of delivery, unless the damage in question is an injury to life, limb and/or health.
4. The purchaser must make any claims to the remedy of a defect to the merchant.
5. In the event of a defect that is based on incorrect assembly instructions, the merchant is only obliged to bear the liability for defects if the assembly or construction of the item sold was carried out by a professional. The purchaser must state and prove that it was conducted by a professional.
§ 7 Recourse in case of Sales to Commercial Retailers
1. Should the purchaser sell the purchased items on to a consumer within the scope of his commercial operations and must take this item back as a result of its defectiveness or reduce the sale price, the purchaser is entitled to make a claim of material damages against the merchant without setting a deadline.
2. In addition the purchaser may demand the compensation of expenses which he had to bear with regard to the consumer if the defect claimed by the consumer already existed at the time of the transfer of risk to the purchaser. Expenses include in particular transport, infrastructure, labor and material costs.
3. The purchaser has no right to compensation for damages within the scope of this recourse except the claim for injury to life, body and / or health.
§ 8 Retention of Title
1 The item of purchase remains the property of the merchant until the settlement of the receivable owed to the merchant on the grounds of the purchasing contract.
2. The purchaser is entitled to resell or process the items of delivery in the ordinary course of business; however, he shall already assign to us all claims to the sum of the final invoice amount of the purchase price that is due (including VAT) as a result of the resale to or subsequent processing for his customers or a third party. The above conditions also apply mutatis mutandis in the event that items are combined (especially with regard to assembly) or processed. The purchaser shall retain the right to collect this receivable even after he has assigned the claim to us. The merchant’s authority to collect the receivable himself remains unaffected by this. The merchant may not collect the receivables himself as long as the purchaser meets his payment obligation in accordance with the contract and no application to open insolvency proceedings has been filed. If one of the latter named circumstances arises, the purchaser must, upon request from the merchant, provide all information that is required for the collection of the assigned claims, and submit the relevant documents, as well as inform the affected debtors (third parties) of the assignment.
3. Both parties agree that the seller, when assembling (and / or processing) the delivered kits, is the manufacturer of the resulting work / object of sale. If the reserved goods are processed or combined with other objects or parts, the seller acquires co-ownership of the newly created object in accordance with the ratio of the market value of the reserved goods to the market value of the other processed goods.
4. If the merchant becomes aware of circumstances after the conclusion of the contract which diminish the purchaser’s creditworthiness, the merchant is entitled straight away to demand the immediate cash payment for or, by way of security, the surrender of the delivered items, as well as the prepayment or guarantee of the items to be delivered at the merchant’s discretion. If this obligation is not met, the merchant is entitled to demand compensation for damages on the grounds of non-fulfillment, or to partially or fully withdraw from the purchase contract. In the event that the value of the merchant’s securities exceeds the receivables to be secured by more than 20%, the merchant is obliged to release the securities to which he is entitled to this extent upon request from the purchaser. Claims exceeding the value of 20% are automatically transferred back to the buyer. Nevertheless, a consultation with the seller is made to ensure the existence of the current residual value stock.
5. Should the purchaser’s property be seized, the purchaser must inform the merchant of this immediately by sending a copy of the seizure protocol, and confirm the ownership to the third party and the merchant in written form.
§ 9 Exchange
1. Additional items that were ordered or made by the seller upon the purchaser's extraordinarily request cannot be exchanged.
2. For regular items the following applies:
- In principle, these items cannot be exchanged either;
- In exceptional cases the merchant reserves the right to grant individual exchange requests; the grant must be confirmed by the purchaser in writing.
§ 10 Shipping
1. Shipping is carried out at the expense and risk of the recipient. Items that are damaged during the shipping process must always be reclaimed with the contractor who was commissioned for the transport.
2. We reserve the right to charge for freight costs and packaging on a case by case basis.
§ 11 Place of Jurisdiction - Place of Performance
1. The place of performance is the head office of the merchant in Freirachdorf/Westerwald.
2. The court of jurisdiction is Neuwied county court or the regional court in Koblenz. This also applies for check and bill protests.
3. German law shall apply exclusively.