General conditions of sale
Offer and conclusion of contract.
The order signed by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or send the ordered goods within this period..
Documents handed over
We reserve the right of ownership and copyright to all documents - also in electronic form - provided to the customer in connection with the placing of the order, such as calculations, drawings, etc.. These documents may not be made accessible to third parties unless we give the purchaser our express written consent. If we do not accept the orderer's offer within the period of § 1, these documents shall be returned to us without delay.
Prices and payment.
- Our prices include (are included) sales tax (and packaging costs). Delivery and shipping costs are (not) included in our prices.
- The payment of the purchase price shall be made exclusively to the account specified overleaf.
- Unless otherwise agreed, the purchase price is payable within 10 days after delivery (alternatives: " ... the purchase price is payable within 21 days after invoicing" or " ... the purchase price is payable by - specific date"). Interest on arrears shall be charged at a rate of 5 % above the respective base interest rate p. a. (see Annex 1) shall be charged. We reserve the right to assert a higher damage caused by default. In the event that we assert a higher damage caused by default, the customer shall have the option to prove to us that the asserted damage caused by default did not occur at all or at least in a significantly lower amount.
The customer shall only be entitled to set-off if his claims have been legally established or are undisputed. The customer shall also be entitled to offset against our claims if he asserts notices of defects or counterclaims from the same purchase contract. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.. Delivery time
- Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding.
- The commencement of the delivery period stated by us shall be subject to the timely and proper fulfillment of the customer's obligations. The defense of non-performance of the contract remains reserved.
- The customer can X weeks after exceeding a non-binding delivery date / delivery deadline to request us in text form to deliver within a reasonable period. If we culpably fail to meet an express delivery date/period or if we are in default for any other reason, the Customer must grant us a reasonable grace period to effect performance. If we allow the grace period to expire fruitlessly, the orderer shall be entitled to withdraw from the purchase contract.
- If the orderer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. For its part, the customer shall be entitled to prove that no damage at all or at least substantially less damage has been incurred in the amount demanded. The risk of accidental loss or accidental deterioration of the object of sale shall pass to the Buyer at the point in time at which the Buyer defaults on acceptance or payment.
- Further legal claims and rights of the orderer due to a delay in delivery remain unaffected.
- We retain ownership of the delivered item until full payment of all claims arising from the supply contract.
- The customer is obliged, as long as the ownership has not yet passed to him, to treat the purchased item with care. In particular, he is obliged to sufficiently insure it at his own expense against theft, fire and water damage at replacement value (note: only permissible in the case of sale of high-value goods). If maintenance and inspection work has to be carried out, the Purchaser shall carry this out in good time at its own expense. As long as ownership has not yet been transferred, the purchaser must inform us immediately in text form if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action in accordance with § 771 ZPO (German Code of Civil Procedure), the orderer shall be liable for the loss incurred by us.
- The processing or transformation of the object of sale by the customer shall always be carried out in our name and on our behalf. In this case, the expectant right of the customer to the object of sale shall continue in the transformed object. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the objective value of our object of sale to the other processed objects at the time of processing. The same shall apply in the event of mixing. If the mixing takes place in such a way that the item of the customer is to be regarded as the main item, it shall be deemed agreed that the customer transfers co-ownership to us on a pro rata basis and shall keep the sole ownership or co-ownership thus created in safe custody for us. In order to secure our claims against the Buyer, the Buyer shall also assign to us such claims against a third party as accrue to him as a result of the combination of the reserved goods with a plot of land; we hereby accept this assignment.
- We undertake to release the securities to which we are entitled at the request of the customer, insofar as their value exceeds the claims to be secured by more than 20 %.
- As far as the information contained in our brochures, advertisements and other offer documents have not been expressly designated by us as binding, the illustrations or drawings contained therein are only approximately authoritative, .
- If the delivered item does not have the quality agreed between the customer and us or it is not suitable for the use assumed under our contract or the use in general or it does not have the properties that the customer could expect according to our public statements, we are obligated to subsequent performance. this does not apply if we are entitled to refuse subsequent performance based on the statutory provisions.
- The customer shall initially have the choice of whether the subsequent performance is to be effected by repair or replacement delivery. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible with disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the customer. During the supplementary performance, the reduction of the purchase price or the withdrawal from the contract by the purchaser shall be excluded. A subsequent improvement shall be deemed to have failed with the unsuccessful second attempt, unless something to the contrary results in particular from the nature of the item or the defect or the other circumstances. If the subsequent performance has failed or if we have refused the subsequent performance altogether, the orderer may, at his discretion, demand a reduction of the purchase price or declare the withdrawal from the contract.
- Claims for damages under the following conditions due to the defect can only be asserted by the customer if the subsequent performance has failed or we have refused subsequent performance. The right of the orderer to assert further claims for damages under the following conditions shall remain unaffected.
- Notwithstanding the foregoing provisions and the following limitations of liability, we shall be liable without limitation for damage to life, limb and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act, as well as for all damage resulting from intentional or grossly negligent breaches of contract and malice, our legal representatives or our vicarious agents. Insofar as we have given a quality and/or durability guarantee with regard to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage based on the absence of the guaranteed quality or durability, but which does not occur directly to the goods, if the risk of such damage is obviously covered by the quality and durability guarantee.
- We are also liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable to the extent that the damage is typically associated with the contract and is foreseeable. Otherwise, we shall not be liable for simple negligent breaches of ancillary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as liability for legal representatives, executive employees and other vicarious agents is concerned.
- A further liability is excluded without regard to the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
- The warranty period is 2 years, calculated from the transfer of risk (Note: possible is a reduction to one year in GTCs for used items. For building materials - if installed - the warranty period is 5 years, if the building materials are used is a reduction in GTCs to 1 year possible). This period also applies to claims for compensation for consequential harm caused by a defect, unless claims in tort are asserted.
- This contract and the entire legal relationship of the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.
This precept means that, in case of doubt, a clause in GTCs is also unreasonably disadvantageous if it is not clear and understandable. This requirement means that non-transparent clauses per se, without the addition of a substantive unreasonable disadvantage to the contractual partner, are to be considered invalid. Furthermore, this also means that the transparency requirement also applies to price provisions and performance-describing clauses, which are generally exempt from content control.
For purchase and work contract, the warranty period 2 years. Defect notification obligation
For non-obvious defects, the defect notification period may not be set shorter than two years (for used goods: one year) in the GTC. The start of the period is the statutory limitation period.
Reimbursement of expenses in the event of subsequent performance.
Pursuant to Section 439 (2) of the German Civil Code (BGB), the seller must bear the expenses required for the purpose of subsequent performance (e.g. transport, travel, labor and material costs). This obligation may not be excluded by GTC..
Limitation on subsequent performance.
In the case of a defective item, the buyer may demand, at his discretion, the removal of the defect or the delivery of a defect-free item as subsequent performance. Only if the subsequent performance is unsuccessful, impossible or unreasonable, the buyer - in the second place - can assert warranty rights: Withdrawal or reduction. Restrictions solely on the supplementary performance are ineffective if the other party to the contract is deprived of the right to reduce the price if the supplementary performance fails..
Limitations of liability.
Any exclusion or limitation of liability for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user, shall be ineffective.
Amount of the default interest.
From the beginning of the default, the buyer owes the seller default interest in addition to the purchase price. If the purchase contract involves a consumer, whether as buyer or seller, the interest rate is 5% above the prime rate. In the case of purchase contracts between entrepreneurs, the interest rate is 8% above the prime rate..
At https://www.bundesbank.de/Redaktion/DE/Standardartikel/Bundesbank/Zinssaetze/basiszinssatz.htmlyou can find out the current prime rate.