GTC
Status: 25 June 2023
§ 1 Validity
(1) These General Terms and Conditions
shall apply exclusively. Deviating or
conflicting terms and conditions shall
not be recognised by us unless we have
have expressly agreed to them in writing.
(2) These General Terms and Conditions shall also apply to all future business between the parties and even if we are aware of deviating or conflicting terms and conditions carry out the delivery.
(3) These General Terms and Conditions Terms and Conditions shall only apply to entrepreneurs, legal entities under public law or special funds under public legal special assets within the meaning of § 310 para. 1 BGB.
(2) These General Terms and Conditions shall also apply to all future business between the parties and even if we are aware of deviating or conflicting terms and conditions carry out the delivery.
(3) These General Terms and Conditions Terms and Conditions shall only apply to entrepreneurs, legal entities under public law or special funds under public legal special assets within the meaning of § 310 para. 1 BGB.
§ 2 Offer, acceptance
If the order constitutes an offer within the meaning
of § 145 BGB, we are entitled to accept
to accept this within a period of two weeks.
to accept it.
§ 3 Prices, payment
(1) Our prices are exclusive of the respective
the respective statutory value added tax and
excluding the costs of despatch and
packaging, unless expressly agreed otherwise.
otherwise agreed. Customs duties and similar charges shall be
shall be borne by the customer.
(2) The price shall be payable net within 30 days of invoice is due for payment net. After the due date, default interest in the amount of of 8 % above the respective base interest rate p.a. shall be charged. will be charged. We reserve the right to assert we reserve the right to claim further we reserve the right.
(2) The price shall be payable net within 30 days of invoice is due for payment net. After the due date, default interest in the amount of of 8 % above the respective base interest rate p.a. shall be charged. will be charged. We reserve the right to assert we reserve the right to claim further we reserve the right.
§ 4 Offsetting, retention
The customer shall only be entitled to offset
insofar as his counterclaims are undisputed
are undisputed or have been legally established or if
the customer offsets with a
with a warranty claim. For the
assertion of
customer is only entitled to assert rights of retention
on the basis of counterclaims from the
same contractual relationship.
§ 5 Delivery
(1) Delivery requires the timely and proper fulfilment
proper fulfilment of the customer's
fulfilment of the customer's obligations. The
defence of non-performance of the contract remains
reserved.
(2) In the event of default of acceptance or other culpable violation of obligations to co-operate on the part of the customer we are entitled to compensation for the resulting resulting damage, including any any additional expenses. We reserve the right to assert further claims. reserved. The risk of accidental loss or accidental deterioration deterioration of the goods shall in this case with the time of default of acceptance or other breach of duties to co-operate obligations to co-operate is transferred to the customer.
(2) In the event of default of acceptance or other culpable violation of obligations to co-operate on the part of the customer we are entitled to compensation for the resulting resulting damage, including any any additional expenses. We reserve the right to assert further claims. reserved. The risk of accidental loss or accidental deterioration deterioration of the goods shall in this case with the time of default of acceptance or other breach of duties to co-operate obligations to co-operate is transferred to the customer.
§ 6 Transfer of risk, despatch
If the goods are dispatched at the customer's request, the risk of accidental loss and accidental deterioration of the
deterioration of the goods shall pass to the customer at the time of despatch.
§ 7 Retention of title
(1) Until full receipt of all payments
payments, the goods shall remain our
property. In the event of breaches of contract by the
customer, including default of payment, we are
we are entitled to take back the goods.
(2) The customer shall handle the goods with care to treat the goods with care, to insure them appropriately and to the extent necessary.
(3) If the purchase price has not been paid in full, the customer must inform us immediately inform us immediately in writing if the goods are encumbered with third-party rights or exposed to other interventions by third parties.
(4) The customer is authorised to resell the goods goods subject to retention of title in the ordinary course of business. In in this case, however, he hereby assigns all claims arising from such resale, regardless of whether this occurs before or after any processing of the goods delivered under goods delivered under retention of title, to us. Irrespective of our authorisation to collect the to collect the claim ourselves, the customer authorised to collect the claim even after the authorised to collect the claim. In this connection, we undertake not to collect the not to collect the claim as long as and the customer fulfils his payment obligations, no application for the opening of insolvency or similar insolvency or similar proceedings have been filed and cessation of payments.
(5) Insofar as the above-mentioned securities exceed the claims to be secured by more than 10 %, we shall be obliged to assign the securities release the securities at our discretion at the release the securities at the customer's request.
(2) The customer shall handle the goods with care to treat the goods with care, to insure them appropriately and to the extent necessary.
(3) If the purchase price has not been paid in full, the customer must inform us immediately inform us immediately in writing if the goods are encumbered with third-party rights or exposed to other interventions by third parties.
(4) The customer is authorised to resell the goods goods subject to retention of title in the ordinary course of business. In in this case, however, he hereby assigns all claims arising from such resale, regardless of whether this occurs before or after any processing of the goods delivered under goods delivered under retention of title, to us. Irrespective of our authorisation to collect the to collect the claim ourselves, the customer authorised to collect the claim even after the authorised to collect the claim. In this connection, we undertake not to collect the not to collect the claim as long as and the customer fulfils his payment obligations, no application for the opening of insolvency or similar insolvency or similar proceedings have been filed and cessation of payments.
(5) Insofar as the above-mentioned securities exceed the claims to be secured by more than 10 %, we shall be obliged to assign the securities release the securities at our discretion at the release the securities at the customer's request.
§ 8 Warranty
(1) The prerequisite for any
warranty rights of the customer is the customer's
proper fulfilment of all inspection and warranty
HGB (German Commercial Code).
complaint obligations.
(2) Warranty claims can be made asserted within 12 months after the transfer of risk.
(3) In the event of defects in the goods, the customer has a right to subsequent fulfilment in the form of rectification of defects or delivery of defect-free item. If the subsequent fulfilment fails subsequent fulfilment, the customer is entitled to to reduce the purchase price or to withdraw from the contract.
(2) Warranty claims can be made asserted within 12 months after the transfer of risk.
(3) In the event of defects in the goods, the customer has a right to subsequent fulfilment in the form of rectification of defects or delivery of defect-free item. If the subsequent fulfilment fails subsequent fulfilment, the customer is entitled to to reduce the purchase price or to withdraw from the contract.
§ 9 Liability
(1) In the event of wilful intent or gross negligence on our part or on the part of our representatives or vicarious agents
we shall be liable in accordance with the statutory regulations;
likewise in the event of culpable breach of material contractual obligations. Insofar as no
intentional breach of contract, our liability for damages shall be limited to the
foreseeable, typically occurring damage.
(2) Liability for culpable injury to life of life, body or health and liability for as well as the liability for guaranteed characteristics within the meaning of § 444 BGB, under the Product Liability Act of the General Data Protection Regulation remain unaffected.
(3) Unless expressly regulated otherwise regulated, our liability is excluded.
(2) Liability for culpable injury to life of life, body or health and liability for as well as the liability for guaranteed characteristics within the meaning of § 444 BGB, under the Product Liability Act of the General Data Protection Regulation remain unaffected.
(3) Unless expressly regulated otherwise regulated, our liability is excluded.
§ 10 Relationship between the German and the English text
The General Terms and Conditions
shall be interpreted in accordance with
shall be interpreted in accordance with German law. The attached English
version is for information purposes only and is
not part of the legal transaction. In the
case of discrepancies between the German and the English version, only the
version, only the German version shall apply.
§ 11 Applicable law, place of jurisdiction
This contract is subject to the law of the Federal Republic of Germany (excluding the UN Convention on Contracts for the International Sale of Goods).
