Terms & Conditions of Sale
§ 1 Scope
For all our products and services on these Conditions of Sale apply. This also applies to subsequent orders, regardless of whether at the individual repeat business again expressly to these conditions by reference. Deviating conditions of the buyer are not part of the contract, unless they are expressly acknowledged by us; this also applies if we do not explicitly contradict otherwise conditions of purchase.
§ 2 Offer and conclusion of contract
Our offers are subject to confirmation, that is, they are merely the invitation for the client is to issue a corresponding order. A contract is only by our acceptance of the order. The assumption is made as soon as we brought the goods with the order confirmation and invoice for shipping based on the order; a declaration of acceptance is required only when written confirmation before dispatch. our bill and the additional protocol details are decisive for the content and performance of the contract.
§ 3 Prices
3.1 The calculation of our deliveries and services is based on our valid on the day derLieferung prices.
3.2 All prices are exclusive packaging factory and excluding applicable VAT and any other government levies. Shipping costs are additional, unless it is agreed otherwise in writing. The packaging is charged at cost price.
§ 4 Payment
4.1 All payments are due within 30 days without discount, net cash. Not bare payments are subject to clearance. Bills of exchange are accepted only after prior written agreement.
4.2 If Purchaser is in default, we are entitled to charge the buyer for the duration of any default standard rate interest at the rate of 5% above the discount rate of the Deutsche Bundesbank.
4.3 In the event of facts, the doubts about the solvency or willingness of the buyer reasons (eg in case of non payment of a check or bill of exchange as well as a request for the opening of bankruptcy or composition proceedings over the assets of the buyer) and the buyer’s payment, we are the right to defer the execution of other services and supplies until full payment in advance or reasonable security. If the buyer fails to take appropriate within a reasonable period, we are entitled to withdraw vondem contract in whole or in part. Further claims remain deprived.
4.4 off and retention to the buyer only if his counterclaims are undisputed or legally.
§ 5 Delivery and transfer of risk
5.1 All deliveries are made at the expense and risk of the buyer, even if the transport costs in individual cases are handled by us. The transportation costs are additional. If delivery is delayed by circumstances for which the purchaser is responsible, then the risk is already with the display of readiness for shipment to the buyer. Meaningful Part deliveries are allowed.
5.2 Shipping of performance information is correct to the best judgment based on the deliverer jeweilien round of orders. The details are to be regarded as approximate, unless additionally carried an explicit binding delivery commitment for a fixed date. For merchants the correct and timely delivery remains.
5.3 Delivery and performance times shall be extended to a reasonable extent if we are prevented from fulfilling our obligations by force majeure or other unforeseeable and extraordinary events that could not be avoided despite reasonable care. As events within the meaning of sentence 1 in particular war, riots, strikes, lockouts, fire, flood, government measures, general delivery bottlenecks and unforeseeable malfunctions even with suppliers apply. If the delivery or performance time significantly exceeded and the financial interest of the buyer on the power therefore be omitted, so the buyer can withdraw in writing after a reasonable grace period and written resignation threat from the contract. Further claims of the buyer are excluded.
5.4 Compliance with delivery and performance date presupposes the fulfillment of contractual obligations and duties to cooperate by the purchaser. If the buyer defaults, the delivery time is interrupted and extended by the period in which the purchaser is in default; further claims remain unaffected.
§ 6 Acceptance deadlines, call orders
If the buyer get the goods or within a specified period to decrease, we are entitled to issue statements after the deadline; However, we are free also to withdraw without warning. Although an order on call is carried out and agreed to a demand period, we are entitled to deliver the goods after the expiry of 6 months of the issue of our order confirmation or the contract. If the goods are ordered with a call order is not completely removed within the agreed period, the call order is invalid. For the quantities already delivered a recalculation can be done, which is based on the list price of each retrieved subset.
§ 7 Packaging
To keep the delivery prices as stable as possible, our delivery prices include no cost dieErfassung and recovery of used packaging. The buyer is therefore recycle used packaging independently and on their own account; Cost burdens and bill cuts are not permitted.
§ 8 Retention of title
8.1 Until full payment of all already past or only in the future from the business relationship with the buyer arising or developing demands remain all goods delivered our property (“reserved goods”). For current accounts, the retained goods as security for the balance requirement.
8.2 The buyer is obliged to ensure their proper and careful treatment of the goods. He is not entitled to pledge the reserved goods, to assign them as security, or burdening third parties with other rights. In case of seizure, third-party access, loss, damage and other circumstances that might affect our rights or the reserved goods, the buyer has to protect our property by force and to notify us immediately by handing over the necessary documents for an intervention.
8.3 The purchaser is entitled until further notice to resell the goods in the ordinary course of business. The purchaser hereby assigns all claims and demands from the resale and processing of the goods conditional payment to us; We accept the assignment. The buyer is authorized until further notice to collect the assigned receivables. We will make use of the rights of withdrawal no use as long as the buyer meets his contractual obligations and no case of point. 8.4 is present. The buyer has the collected amounts kept separately until settlement of the secured claims and immediately surrendered to us as and when our claims are due. On request, the buyer has to give all necessary to collect the assigned claims. We are entitled to disclose the assignment to the debtors of the buyer.
8.4 If the buyer is in default of payment or if facts one who have doubts about its solvency or Zaglungsbereitschaft justified (see. Para. 4.3), we shall be entitled at its discretion to take the reserved goods at any time to us. To this end, we are entitled to the buyer access to the premises during normal business hours. The costs of returning the buyer. The withdrawal of the goods shall only withdraw from the contract if we expressly declare this.
8.5 If the value of our secured claims by more than 20%, we are obliged to the buyer’s request to release securities at our discretion.
8.6 In case of processing, combining, mixing or reduction of the reserved goods with other, not the buyer the goods belonging to, the difference resulting from this co-ownership is us in the new item in proportion to the value of our reserved goods to the other goods at the time of processing, combining, mixing or mingling.
§ 9 Production data, patterns, representations of properties
9.1 Unless otherwise agreed, product information, samples and patterns apply only as merely approximate product specification and quality description or as merely approximate samples of the goods ordered. Technical amendments and design changes to the product information in the catalog are reserved.
9.2 representations of properties within the meaning of § 459 para. 2 BGB must be confirmed in writing by us as “guaranteed properties“.
§ 10 Warranty
10.1 Any defects, damages and defects deviations are reported to us immediately in writing, namely: case of visible defects, etc. at the latest within 7 calendar days after delivery and other defects that can not be discovered within this period even with careful examination, within no more than 7 calendar days after discovery. Failing a timely notice of defect, no claims against us may be derived from such deficiencies.
10.2 In the event of a complaint, we reserve the right to inspect and test derbeanstandeten goods in the same state.
10.3 In the event of a defective delivery or a missing guaranteed property, we reserve the right to repair or replacement. The purchaser shall grant us the necessary and reasonable time and opportunity to carry out the repair and / or replacement. Hitting the reasonable attempts at repair or replacement deliveries fail or are they within a reasonable time is not possible or passes a set of buyers reasonable extension without removing the failure, or the removal of defects by us culpably delays, the purchaser can demand either rescission the contract (rescission) or reduction of the price (reduction).
§ 11 Liability
Claims for damages because of us or our vicarious agents caused Infringements z. B. from default, impossibility, default, breach of contractual duties (pVV), breach of obligations in contract negotiations (cic), tort and tort exist only in the case gross negligence and intent. Liability for promised features, and from the product liability law remains unrestricted.
§ 12 Final provisions
12.1 Erfüllungsort for delivery and payment and jurisdiction for both parties is Euskirchen, unless the buyer is a merchant, a legal entity under public law or a public special fund. We remain entitled to the buyer to complete before another legally competent court.
12.2 It is only the law of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the application of the Uniform Laws on the International Sale of Goods and on the conclusion of such contracts of sale is excluded.
12.3 Changes and additions to the agreements are not effective in writing; this also applies to those rules.
12.4 Should one or more of these provisions be or become invalid, or should the concluded on the basis of the contract have a loophole, the validity of the remaining provisions shall remain unaffected. The ineffective or missing agreement the parties will meet that regulation, which comes the economic intention.