TERMS AND CONDITIONS
§ 1. General
By placing the order, the customer accepts the following conditions. Verbal and telephone agreements, as well as promises from travelers and representatives, are only binding if they have been confirmed by us in writing. The customer's purchasing conditions do not bind us even if we have not expressly objected to them, but only if they are expressly recognized by us in writing.
§ 2. Offers and Orders
Our offers are non-binding with regard to prices, quantities, delivery times and delivery options. The customer is bound to an order until we reject the order in writing, but no longer than 4 weeks.
§ 3. Prices
Our offer prices apply ex-warehouse, plus the applicable VAT. Freight and packaging are calculated in accordance with Section 4. The prices and surcharges valid on the day of the order according to our price list are used for calculation. If these deviate from an offer made by us, we reserve the right to carry out the order at the price offered or to reject it.
§ 4. Shipping
The choice of the shipping route is up to us. Unless otherwise agreed, the prices are exclusive of shipping and packaging. As soon as they leave our shop or warehouse, all goods travel at the customer's risk, regardless of who bears the freight costs.
If the delivery of the goods is delayed for a reason for which we are not responsible, the risk of loss of the goods is transferred to the customer when the goods are made available, but no later than when the notification of readiness for dispatch is sent. The same applies if we make use of a right of retention.
For orders below € 100.00 net goods value, we charge a small quantity surcharge of € 5.00. At the customer's written request, the goods will be insured against storage, breakage, transport and fire damage at the customer's expense.
§ 5. Delivery times
Delivery periods and dates are non-binding, unless something else has been expressly agreed in writing. Bindingly agreed dates and deadlines are appropriately shifted in the event of force majeure (traffic congestion and obstructions, lack of means of transport, strike, lockout, operational disruptions, delivery difficulties of suppliers, fire damage, war, etc.) that directly or indirectly affect us (sub-supplier) are.
If bindingly agreed deadlines or deadlines are exceeded by more than two weeks, the customer is entitled to withdraw from the contract or compensation for delay limited to 5% of the part of the delivery after a reasonable grace period of at least four weeks, which he must set in writing which has not been carried out in accordance with the contract. Further claims are excluded. The withdrawal must be declared in writing within one week after the grace period has expired. Withdrawal is excluded if the customer is in default of acceptance.
In the case of call-off orders without an agreement of running times and acceptance dates, we can request a binding specification no later than 3 months after the order confirmation. If the customer does not comply with this request within 3 weeks, we are entitled to set a two-week grace period and, after this period has expired, to withdraw from the contract or to refuse the delivery and claim damages.
Claims for damages due to delayed delivery are excluded unless we are in default due to intent or gross negligence. Any liability for damages on our part does not apply if we offer the customer the cancellation of the contract prior to the right of withdrawal and the customer does not accept the offer in writing within one week.
§ 6. Non-performance
If the customer refuses to accept the goods, we can set him a reasonable deadline for acceptance and, after the unsuccessful expiry of this, withdraw from the contract or claim damages. Subject to proof of higher damage, we can demand 25% of the agreed consideration (net performance) as a lump-sum compensation.
The customer reserves the right to prove that minor damage has occurred. The same applies if the contract is not fulfilled due to another circumstance for which the customer is responsible. However, we are also entitled to insist on the performance of the contract.
§ 7. Terms of payment
All payments are to be made to us in euros only. The invoice amount is due strictly net within 10 days of the invoice being issued. The following terms of payment apply to project orders: 30% down payment when placing the order, another 30% upon delivery and the remaining 40% 30 days net after the invoice date. Different agreements are possible. With confirmation of the customer's change orders before delivery, all costs incurred up to that point must be reimbursed. The granting of a discount is subject to the settlement of all earlier due invoices. If the payment dates are exceeded, interest of 8% above the respective discount rate of the ECB will be charged, unless we can prove higher debit interest. Checks and rediscountable bills of exchange are only accepted on account of performance. All associated costs are borne by the customer. Offsetting and asserting a right of retention are only permitted with our consent.
Failure to comply with terms of payment or circumstances that are likely to reduce the creditworthiness of the customer result in all of our claims becoming due immediately. In addition, we are entitled to demand advance payments for deliveries that are still outstanding, as well as to withdraw from the contract after a reasonable period of grace or to demand compensation for non-performance, furthermore to prohibit the customer from reselling the goods and to take back goods that have not yet been paid for at the customer's expense.
§ 8. Retention of title
(1) The goods are delivered subject to retention of title. They remain property until full payment of all, including future claims, from the business relationship with the customer. The retention of title also remains if individual claims are included in a current invoice and the balance has been drawn and recognized.
(2) The customer cannot acquire ownership of the goods by processing them into a new item. He processes for us. The processed goods also serve as conditional buyers for our security.
(3) If the customer processes third-party goods that do not belong to us, we become co-owners of the new items in the ratio of the value of our goods to the third-party processed goods.
(4) The customer must reserve the conditional ownership of the goods to which he is entitled vis-à-vis his customers until they have paid the purchase price in full.
(5) All claims of the customer from the resale of the reserved goods are now assigned to us. If the reserved goods are sold by the customer together with third-party goods that do not belong to us, the purchase price claim is only deemed to be assigned to the amount of the value of the reserved goods. If the reserved goods only partially belong to us, the part of the claim arising from their sale that is assigned to us is based on our share of ownership.
(6) The customer is authorized to collect the claim from the resale. At our request, he has to inform us of the debtors of the assigned claims. We can notify the debtors of the assignment.
(7) The retention of title is conditioned in such a way that with the full payment of our claims from the business relationship, the ownership of the reserved goods is transferred to the customer and the assigned claims are due to the customer.
(8) We shall release the securities to which we are entitled to the extent that their value exceeds all claims to be secured by 20%.
(9) Seizure or confiscation of the reserved goods by third parties must be reported to us immediately. Any resulting intervention costs are to be borne by the customer.
(10) We withdraw from the contract if, in accordance with the above provisions, the withdrawal of the reserved goods is requested or the retention of title is asserted. After taking back the goods subject to retention of title, we are entitled to sell them privately or to have them auctioned. The goods subject to retention of title are taken back at the proceeds achieved, but at most at the agreed delivery prices. We reserve the right to make further claims for damages, in particular for lost profit.
§ 9. Liability for defects and liability for damages
(1) We are only liable for the contractually agreed quality of the goods. The assumption of a guarantee for the quality, in particular functionality and suitability as well as durability of the goods is not associated with this. Oral guarantees are only binding for us if we have confirmed them in writing.
(2) Notices of defects must be submitted in writing immediately, at the latest 2 weeks after receipt of the delivery. In the case of hidden defects, this period is extended to 1 week after detection, but no longer than 6 months after receipt of the goods. In both cases, unless otherwise agreed, all warranty claims expire 12 months after the transfer of risk. In the case of longer statutory limitation periods, which are mandatory, these apply.
(3) In the event of a justified complaint, we are obliged, at our option, to rework, free replacement delivery or credit the reduced value. If we do not meet these obligations within a reasonable period, the customer is entitled to withdraw from the contract. Further claims are excluded. Unauthorized rework and / or improper handling result in the loss of all claims for defects. Replaced parts are to be returned to us carriage forward on request.
(4) Claims for damages and reimbursement of expenses due to a defect are excluded, unless the supplier would be liable according to (10).
(5) Claims according to §§478, 479BGB exist only to the legal extent, provided that the person entitled to withdraw has not considered his own obligations, in particular those relating to §9 (2).
§ 10. General limitations of liability
All claims for damages or reimbursement of expenses against us that are not regulated in the terms and conditions are only binding for us if our organs, executives, vicarious agents or vicarious agents can be charged with intent or gross negligence, or life, body or health is impaired . This does not affect the culpable breach of essential contractual obligations; In this regard, we are only liable for the foreseeable, contract-typical damage, unless a case of § 1 is present. This regulation does not affect the statutory provisions on the burden of proof, insofar as it would disadvantage the customer in this regard. The liability according to the product liability law and the quality guarantee liability insofar as this occurs according to § 9, remain unaffected.
§ 11. Property rights & liability for defects of title
Our plans and construction proposals may only be passed on with our approval. Section 9 applies accordingly to defects of title.
§ 12. Place of performance
The place of fulfillment and place of performance for delivery and service is Munich.
§ 13. Place of jurisdiction
The place of jurisdiction, also for actions on bills of exchange and checks, for all liabilities and disputes arising from the delivery transaction is Munich. As far as the admissibility of a jurisdiction agreement according to 38 ZBO is limited, it applies at least in the event that the customer after the conclusion of the contract is his domicile or habitual residence at the time of the action. If the customer is domiciled or habitually resident abroad when the contract was concluded, the place of jurisdiction at our registered office is agreed in any case. However, we are also entitled to sue a domestic or foreign general place of jurisdiction of the customer or another statutory domestic or foreign place of jurisdiction.
§ 14. Applicable law
All business is subject to German law.
§ 15. Repair and service work
The above conditions apply accordingly to repair and service work.
§ 16. Ineffectiveness of clauses
If individual provisions of these conditions are or become invalid, this does not affect the validity of the remaining provisions. The invalid one will be replaced by a provision that comes closest to it economically in a permissible manner.
§ 17. Data storage according to BDSG