§ 1 Prices
Prices are ex works, exclusive packaging. It is valid at the order list price. If delivery is more than 4 months after conclusion of the contract , valid on the delivery list price shall prevail. With more than 5 % increase in the buyer is entitled to withdraw.
§ 2 Delivery
hipping and delivery take place at the expense and risk of the purchaser . The risk is the object of the goods for shipment to the buyer. When ordering unforeseeable circumstances , such as lack of raw materials and supplies or disabilities caused by force majeure (war, riots , strikes, etc. ), entitle the seller that they allow the delivery of the ordered goods will be impossible to withdraw from the contract by written notice to the purchaser . For a limited time no fault of the seller obstacle to delivery , the seller is entitled to exceed the agreed delivery date to the period of the hindrance.
§ 3 Payment
Invoices are payable within 14 days less 2 % discount or within 30 days without deduction . Ersatzteilllieferungen and repairs are immediately payable net . Bills and checks are accepted cost and expenses paid only by special arrangement and for the seller. The acceptance takes place of performance.
§ 4 Defects
Liable for material defects the seller as follows:
a) All parts or services are reasonable discretion, repaired at Seller's option, be repaired, replaced or provided again that exhibit a defect within the limitation period , provided that the cause existed at the time of transfer of risk.
b) All warranty claims are limited to 12 months. The period begins with the transfer of risk pursuant to § 10 below The foregoing provision shall not apply if the law § 438 paragraph 1 No. 2 BGB (buildings and objects that are used according to their intended use for a building ) , in § 479 BGB ( recourse) and § 634 a ) BGB ( building defects) prescribes longer periods.
c) The Buyer is obliged to notify defects to the Seller immediately in writing.
d) In the event of notice of defects the Buyer's payments may be withheld only in an amount that is proportionate to the occurred defect . The Purchaser may withhold payments only if he has made a complaint in writing , the justification can be no doubt . Was a complaint is unjustified , the seller to demand compensation from the buyer the expenses incurred.
e) are initially to grant the Seller the opportunity to rectify within a reasonable period.
f) If subsequent performance fails , the purchaser may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration. For expenses incurred in vain the buyer can demand nothing
g) Claims for defects shall not insignificant deviations from the agreed quality, of only minor impairment of usefulness, of natural wear and tear or damage arising after the transfer of risk from faulty or negligent handling , excessive strain , unsuitable equipment , defective or improper materials or by special external influences , which is not assumed under the contract .Be made by the purchaser or third parties to improper modifications or repair work , so for these and the resulting enststehenden also follow any claims for defects.
h) Claims of the purchaser's because of the need at the time of subsequent performance, in particular transport, travel, labor and material costs are excluded to the extent that expenses are increased because the item is delivered subsequently transported to a place other than the premises of the seller is , unless the transfer is in accordance with its intended use.
i) recourse by the buyer against the seller only exist insofar as the buyer has met with its customers exceeding the statutory warranty claims beyond vereinabrungen . Also apply the provision in above lit for the scope of the right of recourse against the seller.
j) The regulation applies in the rest below in § 7 ( other claims for damages ) claims for damages . Further or other than those regulated in this § 4 claims of the buyer against the seller or its agents due to a defect are excluded.k) The foregoing provisions in this § 4 shall enstprechend , if the contract is not a tradition, but any other service (especially repair power) of the seller.
§ 5 Retention of title
The delivered goods remain the property of the seller until full payment of the agreed purchase price and adjustment of all of the business relationship seller / buyer herrührender including future claims, including all incidental claims and until payment of checks and drafts of performance adopted pursuant to § 3. If the value of all security interests , which the seller , should exceed the amount of all gesichertern claims by more than 20 %, the seller will release the buyer's request a corresponding part of the security interest . The buyer is entitled , under the proper business resell or further process the reserved goods.The variety of existing receivables from the resale the Buyer at the applicable invoice value of the reserved goods from the time of order in advance to the seller. The seller is authorized to collect the debt . the buyer is not entitled to pledge and transfer of ownership of the goods in any form. When processing of the reserved goods, the seller is co-owner of the new goods in the ratio of their value. The assertion of the Eigentsumsvorbehalts as well as the seizure of the goods delivered by the seller do not constitute withdrawal from the contract. The seller is obliged , if the value of existing securities outstanding receivables by more than 20% at the request of the seller so far to explain the release .The buyer is obliged to immediately inform the seller any use of the subject goods.
§ 6 check- / change clause
In connection with the payment of the purchase price due by the buyer, a liability of the seller, it will invalidate the Eigentsumsvorbehalt as well as the underlying claim from delivery until redemption by the purchaser as drawee.
§ 7 Other damage claims
a) Claims for damages by the purchaser , regardless of the legal reason , including infringement of duties arising in connection with the contract or tort are excluded.
b) This does not apply if liability is mandatory, eg under the Product Liability Act, in cases of intent, gross negligence, injury of life, body or health, guarantee for the assurance of the presence of a deficiency or breach of essential contractual obligations. The damages for breach of essential Vertragsgpflichten is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence or based on liability for injury of life, body or health or for the assurance of the presence of a defect. A change in the burden of proof to the detriment of the buyer is not connected with the above provisions.
§ 8 Right of withdrawal
The seller is without prejudice to the statutory right to rescind the right to withdraw from the contract if
- Breach of the buyer of its obligations with respect to the subject goods - Or bankruptcy Applications are made through the Customer's assets , or , enforcement measures by third parties , the purchase price of the endanger seller.
§ 9 invalidity of a clause / Conflicting provisions
Should any of the provisions contained in the Conditions of Use be or become invalid, the validity of the remaining provisions shall not be affected. These general terms and apply to all claims, including future contractual relationships of the seller. other conditions of the contract, even if the seller does not expressly contradict them.
§ 10 Transfer of Risk
The risk is Pover to the Purchaser , even if free delivery is vereinabrt:
a) In case of delivery without installation or assembly , if the operational consignment has been brought or collected . Packaging is done with utmost care. Shipping is by discretion of the supplier. Transport - At the request and expense of the purchaser by the supplier shipment against breakage and fire damage insurance.
b) In case of delivery with installation or assembly in connection with the acquisition on their own farms; as far as a trial run has been agreed, after a fault -free trial run . Provided here is that the trial operation and the acquisition in their own company connects immediately to the operating installation or assembly. If the Purchaser refuses the offer of a trial run, or acceptance into operation, then goes after the expiration of 14 days after this offering, the risk for the period of delay to the purchaser.
c) If the dispatch, delivery or the start or performance of assembly or erection at the request of the customer or due to reasons for which he is delayed , the risk for the period of delay to the customer goes over ; however, the supplier is obliged to the request and expense of the purchaser wanted him insurance.
§ 11 Place of Performance / Jurisdiction
a) The sole place of jurisdiction is if the buyer is a merchant, with all of the contractual relationship , directly or indirectly arising eden disputes the location of the seller . However, the seller is also entitled to sue the buyer's seat.
b) The place of performance is Amberg / Oberpfalz . The contractual conditions by German substantive law , to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).