Offer and Contract Conclusion
If an order is regarded as an offer pursuant to § 145 BGB, we may accept it within two weeks.
For all documents in connection with the award of the contract (calculations, drawings etc.) provided to the buyer, we reserve ownership and copyright. These documents may not be made accessible to third parties, unless we give the customer our written consent. If we do not accept the offer of the purchaser within the time limit of § 2, these documents must be returned to us immediately.
Prices and Payment h2>
(1) Unless otherwise agreed in writing, our prices are valid with delivery from Rinteln (ex works) excluding packaging, duties, expenses and VAT as applicable. Packaging costs are invoiced separately.
(2) Payment of the purchase price must only be made to the listed bank account on the invoice. Deduction of discount is only permitted with special written agreement.
(3) Unless otherwise agreed, the purchase price must be paid within 14 days after delivery. Interest shall be added in the amount of 8 percentage points above the respective base rate calculated after this period. The assertion of a higher damage caused by delay remains reserved.
(4) Unless a fixed price agreement has been made, reasonable price changes due to changed labor, material and distribution costs for deliveries that take place 4 months or later after conclusion of the contract, are reserved.
Set-off and Retention
The customer has the right to offset only if his counterclaims have been legally established or are undisputed. The customer is only authorized to exercise a lien, if his counterclaim is based on the same contractual relationship.
(1) The beginning of the delivery period presupposes the timely and proper fulfillment of the buyer's obligations. The exception of the unfulfilled contract remains reserved.
(2) If the buyer is in default of acceptance or culpably violates other cooperation obligations, we are entitled to demand compensation for damages incurred by us, including any additional expenses. Further claims remain reserved. Should the above requirements are met, the risk of accidental loss or accidental deterioration of the goods is in the time to the buyer, the latter is in default of acceptance or payment.
Transfer of Risk when Sending
If the goods are shipped at the Purchaser's request, the risk of accidental loss or accidental deterioration of the goods goes to the purchaser when dispatch for the customer, at the latest when leaving the factory or warehouse. This applies regardless of whether the shipment of the goods starts from place of performance or who pays the freight costs.
Retention of title
(1) We reserve title to the delivered goods until full payment of all claims from the contract before. This also applies to all future deliveries, even if we do not always refer to this. We are entitled to the purchase item be withdrawn if the purchaser breaches the contract.
(2) The purchaser is obliged, as long as the ownership has not been transferred to him to treat the goods with care. In particular, he is obligated to insure them at his own expense against theft, fire and water damage at the new value. As long as ownership has not been transferred, the purchaser must inform us immediately in writing if the delivered goods are seized or other interference by third parties to us.
(3) The purchaser is entitled to resell the reserved goods in the ordinary course of business. The claims of the buyer arising from the resale of the reserved goods, the ordering party already now to us in the amount of the mutually agreed final invoice amount (including VAT). This assignment shall apply regardless of whether the purchase item has been resold without or after processing. The purchaser shall remain entitled even after the assignment to collect the receivable. Our authority to collect the claim itself remains unaffected. However, we will not collect the claim as long as the customer meets its payment obligations from the proceeds collected, is not in arrears and in particular no petition is filed for the commencement of insolvency proceedings or suspended payments.
Warranty and complaints
(1) Warranty rights of the purchaser assume that this is his due under § 377 HGB inspection and complaint properly fulfilled
Warranty rights expire one year after delivery of the goods supplied by us to our customer. Before returning any goods our consent must be obtained. The shortened statute of limitations does not apply to cases in which we remain in willful misconduct or sale of consumer goods cases, § 475 BGB liberty.
(3) If, despite all due care, the delivered goods contain a defect that already existed at the time of transfer of risk, we will ship the goods, subject to timely notice under our option repair or replace the goods. We must always be given the opportunity to remedy within a reasonable time limit. Recourse claims remain unaffected without restriction of the above regulation.
(4) If the remedy fails, the purchaser may - notwithstanding any claims for damages - withdraw from the contract or reduce the remuneration.
(5) Warranty claims do not exist with only minor deviation from the agreed quality, of only minor impairment of usefulness, of natural wear and tear and damage arising after the transfer of risk from faulty or negligent handling, excessive strain, unsuitable equipment or due to special external influences which are not assumed under the contract.
(6) claims arising out of the necessary for subsequent performance, in particular transport, travel, labor and material costs are excluded if the expenses increase because the goods delivered by us subsequently other to a Location has been spent than the seat of purchaser, unless such transport corresponds to the intended use.
(7) Claims for recourse of the customer against us exist only insofar as the purchaser has met with its customers exceeding the mandatory statutory warranty claims agreements. Also applies to the scope of the right of recourse against the supplier in accordance with paragraph §6
(1)This contract and the entire legal relations of parties are subject to the law of the Federal Republic of Germany under exclusion of the UN Sales Convention (CISG).
(2) The place of fulfillment and exclusive jurisdiction for all disputes arising from this contract is our place of business, unless it is clear from the order confirmation states otherwise.
(3) All agreements made between the parties for the purpose of executing this contract are laid down in writing in this contract.
(4) Should individual provisions of this contract are or become invalid or contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally valid provision which most closely approximates the economic purpose of the invalid provision or fills this gap.