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General terms of sales, delivery and payment

For business transactions with us exclusively the following conditions also apply for all future transactions.
I.
1. All offers, agreements and deliveries are exclusively based on these terms. Deviating conditions of the buyer that are not explicitly and in writing acknowledged us, are not binding on us, even if we do not explicitly contradict them. Deliveries by us shall not recognitions of conditions of the buyer.
2. Offers of us are non-binding, if they are not explicitly and in writing referred to as "binding".
II.
1. Prices: Our prices are ex factory. If the shipment is desired by the buyer, the additional costs are borne by the buyer. Fees for the preparation of final artwork, printing materials and special tools are invoiced separately. We reserve the right to increase our prices accordingly if occurring after conclusion of the contract cost increases, in particular due to collective agreements or material price increases. We will prove to the purchaser on request.
2. Shipping: Shipping is at the risk of the buyer. The choice of the means at our discretion.
3. Delivery requirement: delivery deadlines and dates are always only approximate unless they are expressly and in writing to be binding. They refer to the time of dispatch and are complied with notification of dispatch. All delivery transactions are subject to the correct and timely delivery. Delivery periods begin until all details of the order match is obtained. If the customer after the order confirmation and a change is this demand accepted by us, the delivery period begins with the Confirmation of the change. Delivery periods are extended - without prejudice to the rights of the seller from the buyer default - by the period by which the purchaser its obligations under this degree or other degrees towards the seller does not comply. The same applies to delivery dates. If an agreed delivery by us is exceeded by more than two weeks, otherwise delayed as the fulfillment of a mature and dunned delivery obligation by more than two weeks, the buyer is entitled to in terms of delivery, which we have exceeded the delivery or in default are advised of the delivery contract to withdraw after he has allowed us a grace period. As far as the exceeding of the delivery date by us not to be adopted, the period must be at least one month and be appropriate in any case in all other cases. Other claims by the purchaser due to delivery exceeded, other delivery delays or failure, whether we are responsible for the same or not, do not exist. In case of default of the buyer, making an application to open insolvency proceedings and when any significant deterioration in the financial circumstances of the buyer we are entitled to make delivery subject to advance payment.
4. Acceptance: For call orders dispatched goods notified must be retrieved immediately, otherwise we are entitled to dispatch them warning at the expense and risk of the purchaser at our discretion or to store them at our discretion and charge immediately. For contracts with continuous delivery calls and classification are we giving approximately equal monthly quantities; otherwise, are is entitled to specify them at its discretion. Insofar as call orders no periods have been agreed, the entire amount has to be received retrieved and removed after the contract six months.
5. Information and Raterteilung: information about processing and application possibilities of the goods delivered by us, technical advice and other information are provided to the best knowledge, however, and without any liability. In particular, our oral or written technical advice does not exempt the purchaser from his responsibility to test the delivered goods for their suitability for the desired process or purpose. The disclaimer does not apply if the information under a special consulting agreement have been issued which has been expressly designated as such.
6. retention and set-off rights of set off only if his counterclaims are legally established, undisputed or acknowledged by us.
III. General Limitation of Liability
1. breach of contractual and non-contractual obligations, particularly due to impossibility, delay, culpability for contract initiation and impermissible trade, - also for our managerial employees and other agents - in cases of intent and gross negligence, limited to the foreseeable upon conclusion of contract typical Damage.
2. These restrictions do not apply in case of culpable violation of essential contractual obligations, if the purpose of the contract is endangered, in cases of mandatory liability under the Product Liability Act, in case of damage to life, limb and health and also not if and to the extent we shortcomings of have thing fraudulently concealed or the absence of guarantees. The rules on the burden of proof remain unaffected.
3. Unless otherwise agreed, contractual claims held by the Buyer against us from or in connection with the delivery of the goods, one year after delivery of the goods. This deadline also applies to goods that are used in accordance with their usual purpose for a building and have caused its defectiveness. This does not affect our liability for intentional and grossly negligent breaches of duty as well as the limitation of legal recourse, where such exist. In the case of subsequent starts Limitation not again immediately.
IV. Technical delivery
1. For all supplies (including replacements) are ± deviation from 15% to 5000 units, 10% to 25000 pieces and 25000 pieces from 5% allowed. 35 ° C and 45 - -
2. For the products supplied by us storage at 15 75% relative humidity are recommended. These are from UV - radiation protection. Particularly with outdoor mountings these products environmental conditions (foreign dust, moisture, UV radiation) are exposed, their effect can not be controlled.
3. any liability for damages, which are due to improper storage at customer accounts for us.
V. Retention of title
The delivered goods remain our property until the buyer has fulfilled all payment obligations towards us. The purchaser is entitled to realize or to sell the goods in the ordinary course of business, provided that he meets his obligations towards us from this contract or other contracts on time. Our property also extends to the products resulting from processing of the goods new products, which are thus made by the buyer for us as a manufacturer within the meaning of § 950 BGB. In the processing, combining or mixing with us not belonging, we acquire joint ownership in direct or analogous application of § 947 BGB. Where nevertheless should be completely submerged in the individual case by combining, mixing or processing our title to the reserved goods, the buyer is we hereby assign the costs of their connection, mixing or processing items as security for all our in para. 1 designated claims. The are our property objects held by the buyer for us, without which the buyer of the connection, mixing or processing or storage claims against us. All claims arising from the resale of reserved goods, including all in accordance with para. 2 in our property items the Buyer with all ancillary rights and security, including bills and checks, as security for all our in para. 1 designated claims already to us. In the sale of goods in which we have under para. 2 co-ownership, the assignment is limited to the exposure amount corresponding to our co-ownership. If reserved goods are sold together with other items for a total price, the assignment shall be limited to the proportion in the amount of our invoice, including VAT for having sold goods. When processing in the context of a contract for the work compensation in the proportionate amount of our invoice, including VAT for having processed reserved goods is already assigned to us. The buyer is authorized, as long as he is willing and able to meet its obligations to properly comply with us and we did not revoke the authorization to dispose of the goods in our ownership in the ordinary course of business and to collect the claims assigned to us. He gave us any infringement of our rights to the goods are our property or the us notify assigned claims promptly. If the buyer with a payment towards us in default, or violates one of the from the agreed retention of title against us resulting obligations, then all of our designated in para. 1 claims are due immediately. In these cases, and if we for other reasons, the realization of our claims appear at risk, the buyer has us on our request To inform the stock of the goods including all pursuant to para. 2 in our property related items and the buyers, to whom he has sold standing the reserved goods or pursuant to para. 2 in our property objects and us to the exclusion of any right of retention taking possession, in particular the withdrawal of the goods or pursuant to para. 2 in our property standing allow objects to notify its customers of the assignment of receivables due to us and us to provide all necessary information and issue documents. Taking back reserved goods a withdrawal on our part from the contract only if we expressly declare this in writing. If we do in accordance with the foregoing provisions of our retention of title by the withdrawal of the conditional goods, we are entitled to have the goods by private sale or auction of. The withdrawal of the goods takes place at the sold or auctioned and no higher than the agreed delivery prices. Further claims for damages, especially lost profits, remain reserved. If the value of existing securities exceeds the secured claims by more than 20%, we shall release the buyer's request securities at our discretion.
VI. Performance, Jurisdiction, international sale of goods, Others
1. Place of performance for our deliveries is our warehouse for delivery ex works the works, for the remaining deliveries. Jurisdiction is our choice of the location of our head office, or the seat of the buyer.
2. All legal relationships between us and the buyer in addition to these conditions applies, the German non-uniform substantive law. If the purchaser is domiciled abroad, the provisions of the UN Sales Convention (CISG) shall apply unless otherwise provided for in these conditions otherwise. The buyer of consumer goods gem. § 475 BGB also undertakes, in the event of resale of goods abroad, do not exclude the applicability of the CISG. We do not assume any liability that the goods delivered are suitable for those explicitly and in writing agreed purposes other. Any lack of conformity of the power buyer, before lifting of the Treaty and to set a reasonable time to fulfill the contractual obligations before assertion of claims for damages. This does not apply if the buyer on the circumstances, the grant of an extension is not possible or reasonable. The assertion of claims for damages against the seller is generally dependent of any fault of the Seller or its employees. A price reduction under § 50 CISG is limited to the reduced value of the goods not in conformity. The conditions set for B + K in these regulations Liability facilitation or - exemptions also apply to all employees. Any modification or cancellation of the contract and for asserting all rights of the purchaser must be in writing, with a delivery by e-mail or fax is sufficient; the statements must be received by us.
3. If a buyer is domiciled outside the Federal Republic of Germany or his representative, goods or transports or he shipped them abroad, the Purchaser shall furnish the export certificate required for tax purposes. If this evidence is not provided, the buyer has to pay the tax applicable to deliveries within the Federal Republic to the invoice amount.
4. In case of deliveries from the Federal Republic of Germany to other EU member states, the buyer must inform us of his value added tax identification number prior to delivery, under which his income is taxed in the EU. Otherwise, he has to pay for our deliveries in addition to the agreed purchase price from us legally owed sales tax amount.
5. At the settlement of deliveries from the Federal Republic of Germany to other EU member states is the sales tax legislation of the recipient Member State to apply where either the buyer is registered in another EU Member State, the VAT or if we are registered in the beneficiary Member State to tax.
VII. Severability
Should any of the above provisions be invalid this shall the Effectiveness not the other provisions.



 

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