General Terms and Conditions
Part 1 GENERAL SCOPE
1) These terms and conditions apply to all current and future business relations.
2) Consumers according to these terms and conditions are natural persons with whom a business relationship is entered into without this being classified as a commercial or professional activity. Companies according to these terms and conditions are natural persons, legal persons or partnerships with whom a business relationship is entered into relating to a commercial or professional activity. Customers according to these terms and conditions are both consumers and companies.
3) Differing, conflicting or supplementary general terms and conditions of the customer shall not, even if known, become part of the contract unless their validity is expressly agreed in writing.
Part 2 CONCLUSION OF CONTRACT
1) Our offers are without engagement. The right to make reasonable technical changes and changes in form, colour or weight is reserved.
2) When ordering the goods, the customer makes a binding declaration that they wish to purchase the goods. We are entitled to accept the contractual offer contained in the order within 2 weeks of receipt. The acceptance can either be made in writing or by the delivery of the goods to the customer.
3) If the customer places an order by electronic means, we will confirm the receipt of the order without delay. The confirmation of receipt does not represent a binding acceptance of the order. The confirmation of receipt can be connected with the acceptance of order.
4) The conclusion of contract is made on the condition that our suppliers supply us with the correct goods by the agreed delivery date. This only applies in the case that we are not responsible for the failure to deliver, especially after having concluded a congruent covering transaction with our supplier. The customer will be informed of the non-availability of the goods without delay. Any payment will be refunded without delay.
Part 3 RESERVATION OF OWNERSHIP
1) In contracts with consumers we reserve ownership of the goods until full payment of the purchase price has been made. In contracts with companies we reserve ownership of the goods until the full settlement of all claims relating to an existing business relationship.
2) The customer undertakes to look after the goods carefully. In as far as service and inspection work is necessary, the customer is to carry this out regularly at their own expense. The goods whose ownership is reserved are to be sufficiently insured against fire, burglary, theft and water damage. Insurance claims amounting to the value of the goods are already now relinquished in our favour.
3) The customer undertakes to inform us without delay of any access to the goods by third parties, for example in the case of distraint, and of any damage to, or destruction of, the goods. A change of ownership of the goods and any change of address is also to be reported by the customer.
4) We are entitled to cancel the contract and demand the return of the goods if the customer does not abide by the provisions of the contract, especially concerning delay in payment or the violation of a responsibility in regard to Part 3 of these regulations.
5) The business customer is entitled to resell the goods in the proper course of business. It already relinquishes to us all claims on third parties arising in respect of the company’s resale of the goods to the extent of the invoice amount. We accept this relinquishment. Following the relinquishment, the business customer is authorized to collect the claim itself. We reserve the right to collect the claim ourselves if the business customer does not properly meet its financial obligations and a delay in payment arises.
6) Processing and reprocessing the goods by the business customer takes place at all times in our name and on our account. If the processing involves objects which we do not own, we acquire joint ownership of the new good concomitant with the value of the good supplied by us to the newly processed good. This also applies when the good is mixed with other objects which we do not own.
Part 4 PAYMENT
1) The purchase price offered is binding. The statutory value added tax is included in the purchase price. The customer can pay the purchase price on delivery, by invoice or by credit card. Prices are to be understood ex works, not including packing which is charged extra.
2) The customer undertakes to pay the purchase price within 30 days of receipt of goods. After this deadline has expired the customer is in arrears. During the delay in payment, the consumer is to pay interest on the purchase price amounting to 5% above the base rate. Business customers are to pay interest on the purchase price amounting to 8% above the base rate. We reserve the right, in the case of business customers, to provide evidence of higher damages due to a delay in payment and to claim a higher rate of compensation.
3) The customer only has the right to offset this payment if its counter claim is legally established or recognized by us. The customer can only exercise its right of retention if its counter claim is based on the same contractual basis.
Part 5 TRANSFER OF RISK
1) The risk of accidental loss and accidental deterioration of the goods is transferred to the purchaser when, in the case of sale by dispatch, the goods are transferred to the forwarding agent, the carrier or any other person or organization charged with the delivery.
2) The transfer takes place irrespective of whether the purchaser is in default of acceptance.
Part 6 GUARANTEE
1) If the customer is a business customer, we reserve the right to choose whether to repair the goods or dispatch a substitute delivery.
2) If the customer is a consumer, it has, at first, the right to choose between a repair of the goods or a substitute delivery. However, we are entitled to deny the subsequent performance chosen, if this is only possible at unreasonable cost and the other type of subsequent performance is possible without significant disadvantage for the consumer.
3) If the subsequent performance fails, the customer is fundamentally entitled to demand either a lowering of the price (reduction) or the cancellation of the contract (withdrawal). However, in the case of a minor non-conformity with the contract, especially in the case of minor faults, the customer is not entitled to cancel the contract.
4) Business customers are to report apparent faults to us in writing within a deadline of two weeks from receipt of goods, otherwise the guarantee claim is excluded. The timely dispatch of the complaint is sufficient for adherence to the deadline. The business customer bears full responsibility for any claim pre-requisites, especially relating to the fault itself, for the point in time of the determination of the fault and for the timeliness of the complaint.
5) Consumers are to report apparent faults to us in writing within a deadline of one month from receipt of goods. The date of receipt by us of this report is relevant for adherence to the deadline. If the consumer fails to make such a report, the right to guarantee expires two months after its determination of the fault. This does not apply in cases of fraud by the vendor. The burden of proof concerning the point in time of the determination of the fault lies with the consumer.
6) If the customer chooses to cancel the contract due to a legal or material fault after failed subsequent performance, it is not also entitled to make a claim for damages due to the fault.
7) If the customer chooses to receive compensation after failed subsequent performance the goods remain in the possession of the customer, if the customer finds this reasonable. The amount of compensation is restricted to the difference between the purchase price and the value of the faulty good. This does not apply if we are responsible for a fraudulent non-conformity with the contract.
8) In the case of business customers, the guarantee period consists of one year from the delivery of the goods. In the case of consumers, the guarantee period consists of two years from the delivery of the goods. In the case of used goods, the guarantee period consists of one year from the delivery of the goods.
9) If the purchaser is a business customer, the agreed quality of the goods is, in principle, restricted exclusively to the product description of the manufacturer. However, public announcements, claims or advertising made by the manufacturer do not represent contractual information concerning the quality of the goods.
10) If the customer has received faulty installation instructions, we are simply required to supply corrected installation instructions and only in the case that the faulty instructions prevent the proper installation.
11) The customer does not receive a guarantee from us in a legal sense. Manufacturers’ guarantees remain unaffected by this.
Part 7 LIMITATIONS OF LIABILITY
1) Should minor cases of negligence occur, our liability is restricted to the predictable, contractually typical immediate average damages according to the type of good. This also applies to minor cases of negligence by our legal representatives or agents. In the case of business customers, we do not accept liability for insignificant cases of contractual negligence.
2) The above-mentioned limitations of liability do not apply to customer claims resulting from product liability. The limitations of liability do not apply in the case of bodily or health damages or the death of the customer for which we can be held responsible.
3) Claims for damages by the customer due to a fault lapse one year after the delivery of the goods. This does not apply in cases of alleged fraud.
Part 8 FINAL PROVISIONS
1) The law of the Federal Republic of Germany applies. The UN Convention for the Sale of Goods does not apply.
2) If the customer is a business customer, a legal person under public law or responsible for special assets under public law, the place of jurisdiction for all disputes arising from this contract is our registered office. This also applies if the customer does not have a general place of jurisdiction in Germany, or if its place of residence or normal place of residence at the time of the institution of legal proceedings is not known.
3) Should individual regulations contained in the contract with the customer including these general terms and conditions be, or become, either wholly or partially invalid, the validity of the remaining regulations is not affected. The wholly or partially invalid regulation is to be replaced by a regulation whose economic success is as close as possible to the invalid regulation.