§1 Scope - subject matter of the contract
1. Our terms and conditions apply to the delivery of movable items in accordance with the contract concluded between us and the customer.
2. Our terms and conditions apply exclusively; We do not recognize the customer's conflicting or deviating terms and conditions, unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we carry out the delivery without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our terms and conditions.
3. Our terms and conditions apply to both consumers and companies, unless a differentiation is made in the respective clause.
§2 offer - conclusion of contract - offer documents
1. The customer's order represents a binding offer that we can accept within two weeks by sending an order confirmation or by delivering the goods. Offers made by us beforehand are non-binding.
2. We reserve property rights and copyrights to illustrations, drawings, calculations and other documents. This also applies to written documents that are designated as "confidential". Before passing them on to third parties, the customer requires our express written consent.
§3 prices and terms of payment
1. The purchase price offered is binding.
2. If the customer is a Company, we only indicate the net price. The statutory sales tax is therefore not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.
3. If the customer is a consumer, price changes are permitted if there are more than four months between the conclusion of the contract and the agreed delivery date. If the wages or material costs change thereafter up to delivery, we are entitled to change the price appropriately in accordance with the cost increases or reductions. The customer is only entitled to withdraw from the contract if a price increase not only insignificantly exceeds the increase in the general cost of living between the order and delivery.
4. If the customer is a Company, the agreed price applies. If the price has increased at the time the service is provided due to a change in the market price or an increase in the fees charged by third parties involved in the provision of the service, the higher price applies. If this is 30% or more above the agreed price, the customer has the right to withdraw from the contract. This right must be asserted immediately after notification of the increased price.
5. The total remuneration is to be paid within ten days of receipt of the goods and without any discount, unless otherwise agreed. The legal rules regarding the consequences of default in payment apply.
6. The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. If the customer is a company, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§4 performance time - transfer of risk
1. If we have specified delivery deadlines and made them the basis for placing the order, such deadlines are extended in the event of strikes and cases of force majeure for the duration of the delay. The same applies if the customer does not fulfill any obligations to cooperate.
2. If the customer is a Company, delivery “ex works” is agreed - unless otherwise stated in the order confirmation.
3. However, if we have agreed on a different destination instead of delivery ex works (“CIP”), then the provisions of Section 438 of the German Commercial Code (HGB) apply. There the following is regulated in particular: If a loss or damage to the goods is externally recognizable and the recipient or the sender does not notify the carrier of loss or damage at the latest upon delivery of the goods, it is assumed that the goods have been delivered complete and undamaged. The notification must clearly identify the loss or damage. This presumption also applies if the loss or damage was not externally recognizable and was not reported within seven days of delivery. A notification of damage must be made in writing after delivery. In order to recognize possible damage in this case,
§5 liability for defects
1. If the customer is a consumer, we are liable in the event of a defect in accordance with the statutory provisions, insofar as the following does not result in any restrictions. The consumer must notify us in writing of obvious defects within two weeks of the occurrence of the defect. If the notification is not made within the aforementioned period, the warranty rights expire. This does not apply if we have fraudulently concealed the defect or have given a guarantee for the quality of the item.
2. If the customer is a Company, we reserve the right to choose the type of supplementary performance in the event of a defect.
3. If the customer is a consumer, the limitation period for claims for defects is two years for the delivery of new items and one year for the delivery of used items. The period begins with the transfer of risk. This does not apply if there are claims for damages due to defects. Section 6 applies to claims for damages due to a defect.
4. If the customer is a company, the warranty period is always one year. The limitation period in the event of a delivery recourse according to §§ 478, 479 BGB remains unaffected. This does not apply if there are claims for damages due to defects. Section 6 applies to claims for damages due to a defect.
5. The customer does not receive any guarantees in the legal sense from us.
§6 liability for damage
1. Our liability for contractual breaches of duty as well as for tort is limited to intent and gross negligence. This does not apply to injury to life, limb and health of the customer, claims due to the violation of cardinal obligations and compensation for damage caused by delay (§ 286 BGB). In this respect we are liable for every degree of fault.
2. The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by our vicarious agents.
3. Insofar as liability for damage that is not based on injury to life, body or health of the customer for slight negligence is not excluded, such claims expire within one year starting with the occurrence of the claim or in the case of claims for damages due to a defect Handover of the thing.
4. As far as the liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, workers, employees, representatives and vicarious agents.
§7 retention of title
1. In contracts with consumers, we reserve ownership of the object of purchase until the purchase price has been paid in full.
2. If the customer is a company, we reserve ownership of the goods until all claims against the customer have been met, even if the specific goods have already been paid for.
3. The customer must inform us immediately of any third party enforcement measures against the goods subject to retention of title, handing over the documents necessary for an intervention; this also applies to impairments of any other kind. Regardless of this, the customer must inform the third party in advance of the existing rights to the goods. If the customer is a company, he has to bear our costs of an intervention if the third party is not able to reimburse them.
4. If the customer is a company, in the event of the resale / rental of the goods subject to retention of title, he assigns to us as security the claims against his customers arising from the aforementioned transactions until all of our claims have been met. If the reserved goods are processed, remodeled or combined with another item, we acquire direct ownership of the item produced. These are deemed to be reserved goods.
5. If the value of the security exceeds our claims against the customer by more than 20%, we shall, at the request of the customer and at our discretion, release the security to which we are entitled to the appropriate extent.
§8 Limitation of own claims
1. Deviating from § 195 BGB, our payment claims become statute-barred after five years. With regard to the start of the limitation period, Section 199 of the German Civil Code (BGB) applies.
§9 Form of declarations
1. Legally relevant declarations and notifications that the customer has to make to us or a third party must be made in writing.
§10 Place of performance - choice of law - place of jurisdiction
1. Unless otherwise stated in the contract, the place of performance and payment is our place of business.
2. The law of the Federal Republic of Germany applies to this contract; the validity of the UN sales law is excluded.
3. The exclusive place of jurisdiction for contracts with business people, legal entities under public law or special funds under public law is the court responsible for our place of business.