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Terms
Scope
These General Terms and Conditions of Business apply between you as a businessperson or juristic person under public law or of a public law special fund purchasing our products and us as the seller. You are a businessperson if you exercise your commercial or self-employed professional activity when concluding a legal transaction with us. These terms and conditions do not apply if you are a consumer. The following terms and conditions are binding for each order placed with us, especially if your General Terms and Conditions of Business contradict or deviate from ours. Our Terms and Conditions of Business also apply for subsequent orders, even if an additional explicit agreement concerning the subsequent orders has not been made. Extent of the supply obligation Only our written quotation or our written order acceptance is relevant for the extent of the supply obligation. We reserve the right to make technical changes during the supply period, which do not impair the property of the product ordered. Supply period, delayed supply All the dates and deadlines given by us for deliveries are only deemed to be agreed as approximations, unless they were explicitly designated as being binding in writing. Insofar as we are in arrears with the supply and are only responsible for the delay due to negligence, you are only entitled to withdraw from the contract after setting a reasonable extension to the original term. You shall not be entitled to claim for compensation unless we are guilty of gross negligence or wrongful intent. Prices Our prices do not include packaging and transport costs and are net of, i.e. do not include statutory VAT. The prices given in our quotation or our order acceptance always apply for the invoiced sum. Payment terms Our invoices for the supply of goods are due for payment with 2% discount within 10 days following the invoice date or within 30 days of the invoice date without any deductions. Repairs and service are due for payment within a week of the invoice being received and without any deductions. Off-setting and your right of refusal You shall only be permitted to exercise off-setting if your counter-claim has been established as legally final and conclusive or if we have declined to dispute it. You shall only be permitted to exercise a right of refusal if your counter-claim is based on the same contractual agreement. Retention of title Goods supplied by us remain our property until you have settled all the accounts payable to us arising out of the business relationship. If we take goods back, this is only deemed to be a withdrawal from the contract if we explicitly confirm this in writing. On the other hand, goods seized for us always means a withdrawal from the contract. We are to be informed immediately, in writing, giving all the details required for a third party action against execution of any seizure and other risks to our rights due to third parties. Insofar as we suffer losses because a third party cannot pay the court costs or out of court costs of a third party action against execution to be reimbursed to us, you shall be liable to us for the level of the losses. The processing or alteration of our goods by you shall only take place on our behalf. In the case of processing with other goods not belonging to us we are entitled to co-ownership of the new objects proportional to the invoice value of the goods with retention of title at their purchase price of the other processed goods (at the time of processing). The remaining arrangements for goods covered by retention of title apply accordingly for the new object. You shall safeguard the goods under sole or co-ownership for us. You are authorised to sell on our reserved title goods in proper business operations. You herewith assign all accounts payable by third parties arising from this sale to us, namely for the amount of the respective invoice value (including VAT) of the material used. Notwithstanding this transfer, you remain entitled to collect all the accounts payable. On demand, you shall notify us of the assigned demands and the debtor and shall provide us with all the information and documents required to collect the demands. At our special request, you shall inform the third party debtor concerned of the assignment to us. The above assignment for securing our demands also includes demands that you acquire against a third party as the result of the connection of our retained title goods with real estate. The assignment arrangement also applies for processed, reformed and mixed retained title goods. We undertake to release collateral that you have provided us according to this contract on receiving your written request, insofar as they are no longer required to safeguard our demands, and this not only temporarily, especially if they exceed the value of our demands to be safeguarded and not yet settled by more than 10%. Terms of warranty Unless we have issued specific assurances to the contrary in writing, warranty shall apply for two calendar years starting on the date on which the product leaves our works. We do not issue any extended manufacturer’s guarantees beyond this. In the event of our product being opened or in any way modified either by you or by some third party, its warranty shall with immediate effect become null and void. The characteristics to be expected from any of our products shall always be as defined in our respective product description. Information contained in public assertions, commendations, and advertising shall not constitute any contractual assurances regarding a product’s characteristics. We shall not be considered liable for printing errors or any other such mistakes and reserve the right to correct these subsequent to their appearance. In the event of a product being defective, we shall rectify this situation either, as we may choose, by repairing it or by providing a replacement. In the event of our failing, within a reasonable period, to rectify the defect, you may choose to demand either that the purchasing price be reduced or that the purchasing contract be canceled. If a breach of contract is only very slight, in particular if a product has only a minor defect, the option of contract cancelation shall not apply. If we have failed, within a reasonable period, to rectify a reported defect and you choose to cancel the purchasing contract, we shall not be liable for any further claims for damages or compensation based on the said defect. If you do claim damages or compensation, such claim shall be restricted to the difference between the purchasing price and the value of the defective product. In this case, the product shall, insofar as we can reasonably expect this of you, remain on your premises. This shall not apply if we can be considered guilty of infringing the contract through gross negligence, deceit, or malicious intent. In the event of your receiving a deficient set of instructions for installation or operation and this deficiency prevents the product from being properly installed or operated, we shall only be liable to supplying a correct set of assembly or operating instructions. This shall not apply if we can be considered guilty of gross negligence, deceit, or malicious intent. You bear the full onus of proving that all prerequisites for a claim under warranty apply, in particular that a material or technical fault exists and that this fault already existed at the time the risk was transferred to you. Limitation of liability We are liable to an unlimited extent for harm to life, physical injury or damage to health innocently caused by us. Our liability is limited to typical contractual, foreseeable losses, maximum €25,000.00 (in words, twenty five thousand Euros) for other losses in the case of mere negligent infringement of duty by us or our employees, agents, etc. This does not apply to gross negligence or intentional act by us. Claims according to the Product Liability Act remain unaffected. Written form - electronic form Insofar as these General Terms and Conditions of Business and other or supplementary arrangements between you and us stipulate the written form, this is only given in the case of the electronic transmission of documents if the document contains the name of the issuer and a qualified electronic signature according to the Signature Act (Art 126a BGB). General Even if individual terms and conditions of these Terms and Conditions of Business are legally invalid, the remaining parts of the contract between you and us shall remain binding. The invalid term or condition shall be replaced by an arrangement that best meets the economic intention of the original, invalid term or condition. All changes and addenda must always be made in writing. This also applies if the written form is to be waived. |
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