General Terms and Conditions of Business
- The following conditions are contract basis of our business relations with the customers of our products and become contract contents through us in the time of the acceptance of a contract offer. The business conditions go from the assumption that our business partners will be full merchants according to the HGB regularly so that has to be put to the business experience. As far as permitted, they are also opposite for not merchants. Own business conditions of the customers standing contrary or differing are regarded as insisted. The acceptance of the offers of our customers to be declared of us is carried out exclusively on the basis of our sales delivery as well as assembly and repair conditions.
- Our offers are without engagement. We are bound to our offers only otherwise if this has particularly been declared as legally binding her (invitation for the submission of offers) be regarded as an invitatio "of ad offerandum". In such cases it requires a contract of our written confirmation of the order to the taking place. Verbal supplementary agreements and assurances of our employees and representatives require to the legal force of our written confirmation.
- Place of performance of our obligations is our business seat or the appropriate distribution centre. The fulfilment of our handing over obligation is caused by the materializing (provision) and handing over (§ 243 BGB) of the product to the promotion staff. Costs of the consignment of the product are not for our account but have to be borne by the customer. The taxes arranged for by the consignment and customs also belong to these costs and the like.
- The materializing causes the transition of the performance danger on the customer. If no particular instruction of the customer is available, the choice of a suitable forwarding agent is incumbent us. A liability for our part is not justified by it, however.
- Our prices are ex works and store net prices plus the legal value added tax. The costs for packing as well as possible assembly on the spot are added plus additional costs. Provided that between order confirmation and delivery more than four month should have passed, we are authorized to calculate the valid current price.
- Delivery periods are obligatory only when they are particularly indicated as such in our order confirmation. You otherwise are regarded as judging times whose transgression has to be considered to be permitted by up to six weeks without the customers being able to derive any rights from it. Another transgression of that period only then is permitted by delay consequences without stepping in at our expense if a case in which we would be exposition or beweispflichtig has been submitted to an objective or subjective impossibility. The customer is entitled to the resignation of the contract in the other cases of us to representing performance delay. More detailed rights, claims to fulfilment or compensation because of non-payment particularly are excluded. Proves after confirmation of the order that, in due time or within the extension, we will not or not not be able to the fulfilment, we are authorized for our part to withdraw from the contract without rights of recourse arising from it opposite us. Deposits received shall be returned. Partial deliveries are permitted as far as they make sense economically for the customer.
- If the customer withdraws from the contract without reasons on our part entitling him to do so, he shall owe us liquidated damages in the amount of 12.5% of the order value (incl. VAT) which do not require substantiation.
- A similar obligation meets the customer if we feel forced by reasons becoming known afterwards, lying in his person to withdraw from the contract. Dissolving terms are by name, considered the insolvency of the customer as such reasons without it the application for a comparison or bankruptcy proceedings bedürfte, the performance of the solemn insurance as well as the acquaintance development of circumstances affecting the credit rating of the customer more otherly more substantially or financing or leasing efforts failed as far as these particularly have not been raised to.
- We restrict our liability to the fault forms of the firm intention and the gross negligence. The cunning effort remains maintained.
- We reduce our liability obligations on improvement claims of the customer. The customer is when failing authorized to assert change or reduction after his choice also a second improvement test to be granted to us. After our choice we also can carry out a substitute delivery instead of the improvement.
- The customer is obliged to announce obvious defects within an end period of a week after take-over of the product; hidden defects have to be reproached after knowledge attainment within week period. The reprimand right ends with expiry of the guarantee period at the latest.
- The guarantee period ends after twelve months. The period starts with the day of the putting into operation.
- If second-hand objects, (incl. demonstration equipment), are object of the contract, any guarantee is excluded provided that it is not to prove cunning behaviour against us. Such defects which go back on an improper use or on a natural wear on the product are not subject to the guarantee. Proves it is obligedly to bear the costs arranged for by the examination the customer at the check of claimed defects out that there is no liability benefit entitlement; as for the rest they are a burden for us.
- We reserve the right to change the outside and the equipment of our equipment. It requires a consent of the customer only in the cases, in which the changes are of functional significance or a rise of the price would be the consequence.
- We reserve the property for us at the product submitted by us the selling price until fully paid (§ 455 BGB). We authorize the customer to have the product in the context of the proper business activity as long as he is not behind schedule with the stipulation, the reservation of title remains (extended reservation of title) that maintained in the form, that the customer transfers his claims to us opposite his customers already now in the way of an ahead assignment. This ahead assignment covers the acquired demand like the ordered safety as well as possible Anspruchssurrogate. Other disposals over the product are not, in the internal relationship ineffective allowed and commit to doing the compensation. As far as the customer retracts demands assigned to us himself, he is obliged to the immediate passing provided that a different one is not designed written. Our reservation of title remains as long as insist until our demand is settled completely. If the customer of his financial obligation does not follow, we are authorized to take the retained goods back after setting an extension of two weeks unsuccessfully. Such a measure does not mean any resignation of the contract so that our claims last on a previous scale. The resignation to be declared of the contract is untouched. The regulation of the numbers 7. and 8. is correspondingly valid. The reservation of title with his expansions goes out first, if all - for which legal justification also always - claim against the customer is filled. Performance regulations of the customer are not obligatory for us. The reservation of title also safeguards the respective balance at a regular invoice. The customer is obliged to point to our rights and immediately to inform us at possible distraints by third parties.
- Our invoices are payable after issuing an invoice within 14 days net.
Payments have to be made immediately to us as far as not allowed particularly in writing differently.
Fault freeing effect befits payments to third parties only when these are authorized to the collection by us in writing.
- In the case of the delay in payment of the customer we are authorized to demand default interest regardless of our other or more detailed rights.
- As far as installment payment has been granted in writing, the rest demand becomes the immediate repayment duly, if an instalment gets longer than a month in delay or the instalments are not paid completely and/or on time for the third time.
- The setting off against our demands is only permitted opposite counterdemands which are undisputed or stated finally.
- As far as we have to run assembly or repair work through an additional order the following is valid:
The necessary installation prerequisites must be produced on the part of the customer.
- Exchanged parts change into our property. An imputation takes place only when this is particularly agreed in writing.
- These business conditions are valid also in the traffic with foreign customers. The Hague KaufRÜbk of the , the ECG as well as the EKAG of the are insisted.
- Place of jurisdiction for disputes from our business relations with the customers is Kempten.
- The ineffectiveness shall confine itself to the corresponding clause as far as single regulations should be inadmissible. Such regulations have to be lent to supplementary contract interpretation at the corresponding clause thick possibly in the way under consideration of the mutual intentions and the legal regulations.
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