AGB

/AGB
AGB2019-01-07T14:04:30+00:00

Terms of Service

1.We do not agree with the inclusion of our customers’ terms and conditions, even if in individual cases we do not expressly object or accept orders without reservation.
2. Our offers are generally non-binding. This applies to price, quantity, delivery times and delivery options.
3. Contracts are only concluded through our express confirmation. Orders are also accepted in case of tacit execution. Since sellers only deliver their products in standard packs, deviations in quantity of plus / minus 10% are reserved.
4. Verbal agreements have to be made in writing in order to be valid.
5. Seller may increase the price or change the freight charge or terms of payment at any time after at least 30-day written notice. If the buyer raises no written objections prior to the cut-off date, this is considered as approval. If the buyer raises objections, it is up to the seller to continue to deliver at the previous price, previous freight charge and the previous terms of payment or to terminate the contract by means of a written declaration with immediate effect. Any rights, in particular claims for damages, can not be derived from this by a party.
6. Increase of customs, taxes, duties, freight, costs of raw materials, change of the currency parities and all similar, not to be represented by the seller, between confirmation and delivery are for the account of the buyer. If the buyer hereby does not agree within 10 days – silence counts as approval – the seller has the choice to continue to supply the buyer at the respectively valid price or to terminate the contract with immediate effect by written termination.
7. Delivery times are only binding with explicit written confirmation by the seller. The specification of an expected delivery date does not constitute a binding delivery period for the seller. Upon the occurrence of events at the seller or it’s supplier for which the seller is not responsible, such as strike, natural disasters and the like at the seller or his it’s supplier, agreed delivery periods are extended by the corresponding period up to a period of 6 months. If such events last longer than six months, each party is entitled to resign. If a delivery date is exceeded, the seller is initially entitled to a reasonable period of grace of up to three weeks. Claims for damages due to default are excluded unless the delay in delivery is due to intent or negligence. In the case of ordinary negligence, the liability in commercial business transactions is limited to a maximum of 20% of the value of the respective order. If an agreed delivery date is postponed at the request of the buyer, the seller is entitled to charge 0.25% interest per week for each extension of the period from the invoice value as well as for the assertion of the resulting storage costs. In the event of non-acceptance of a delivery by the buyer, the seller is entitled, without prejudice to other legal claims, to withdraw from the contract after the extended deadline (§ 323 BGB), dispose otherwise of the delivery item and / or claim damages (§§ 325, 280, 281 , 282 BGB). Seller is entitled to reasonable partial deliveries.
8. The goods are always delivered at the buyer’s risk. If delivery is agreed free of charge, the seller also covers the transport insurance.
9. Payment terms are only deemed to have been complied with if the invoice amount is available to the seller no later than the last day of the deadline. Bills of exchange or checks are accepted only on account of payment by prior express agreement.
The seller is entitled to charge default interest of 7% above the respective discount rate of the Deutsche Bundesbank for outstanding payments after the due date.

10. The set-off against claims of the seller with disputed or not legally established counterclaims is excluded. The same applies to the execution of denial and retention rights.
Rights of the buyer under this contract may not be passed on to third parties, unless otherwise agreed in writing.
11. In case of breach of contract by the buyer as well as justified doubts about his creditworthiness, the seller is entitled to carry out further deliveries only against advance payment or securities, irrespective of any payment terms granted. All open billing documents are due immediately. In addition, without prejudice to further rights the seller is entitled to terminate the contract after the expiration of a reasonable period of grace.

II.All goods are delivered by the seller subject to retention of title. They remain the property of the seller until full payment of all claims, also claims arising in future from all business relations.
The further processing takes place in our interest in terms of § 950 BGB without obligations. If in the case of §§ 947 Abs. 2, 948 BGB one of the buyer’s objects is the main component, the buyer already now transfers his co-ownership in proportion to the invoice value of our goods to the invoice value of other materials. The co-ownership acquired in this way is deemed as being reserved goods that the buyer keeps for us.
Reselling goods subject to retention of title is only permitted during the course of normal business and can be prohibited by the seller in the case of item 10 above.
Receivables from resale are hereby assigned to the seller until all invoices of the seller have been settled in the amount of the outstanding amount. He hereby accepts the assignment. If the value of the existing securities exceeds the claims by more than 20% in total, the seller is obliged to release the securities of his choice at the request of the buyer.
III.

1. In case of defects of the goods and wrong delivery, warranty is provided by subsequent delivery. Any further or other liability – for whatever legal reason (see §§ 823 ff. BGB) except in the case of personal injury – or warranty regarding the quality of the delivered goods or their suitability for a particular purpose is hereby – except in the case of gross negligence – excluded.
2. Warranty claims due to product defects are also excluded if the buyer has inspected the lot prior to purchase. The same applies to the purchase of non-type-compliant goods, if according to the order confirmation expressly “NT-Ware” was purchased. Incidentally, patterns serve only as illustrative pieces to show the approximate character of the goods. For certain properties of the goods the seller is liable only if he has expressly assured it in writing in the order confirmation.
3. Specified complaints of the buyer due to a material defect, a wrong delivery or quantity deviation due to immediate inspection must be received by the seller within 10 days of delivery. They are completely excluded after processing the goods. The decisive point in time for the contractual condition of the goods is the time at which the goods leave the warehouse. The buyer is not entitled to return goods without our consent.
4. All warranty claims shall lapse if the buyer does not give the seller an opportunity to examine on site the identity of the goods complained and the described defects and does not immediately provide samples upon request. These claims are also lapsed, if not immediately after detection of defects, a working or processing of the goods is set or goods of the seller are mixed or connected with goods of other origin.
5. Warranty claims become time-barred no later than one month after written rejection of the notice of defects by the seller and are limited to one year.
6. Notifications of defects do not entitle the customer to withhold payments.
IV.
1. The technical advice given by the seller in spoken and written is non-binding – including in relation to any property rights of third parties – and does not exempt purchasers from their own examination of the products supplied by the seller for their suitability for the intended procedures and purposes. The buyer assumes all possible claims against the seller arising out of any infringement of third-party property rights through the importation or use of the goods delivered by the seller.
2. For all claims arising directly or indirectly from the transactions concluded by the seller, and also for bills of exchange and bill of exchange claims, the exclusive place of jurisdiction is Winsen Luhe.
3. We are entitled to process data about business relations or in connection with it about the buyer, whether these originate from the buyer or from third parties, within the meaning of the Federal Data Protection Act. If one of the aforementioned provisions is ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by another that comes as close as possible to the economic purpose of this provision.

AWP