General Terms and Conditions of Business – Status: 01.01.2010
1. General information
Deliveries, services and offers are made exclusively on the basis of these terms and conditions. They shall therefore also apply to all future business relations, even if they are not expressly agreed again. These provisions shall be deemed accepted at the latest upon receipt of the goods or services. The general terms and conditions of the buyer, in particular purchasing conditions, are hereby expressly rejected, i.e. they are not recognised even if we do not expressly reject them again after receipt. Deviations from these terms and conditions are only effective if we confirm them in writing.
2. Deliveries and services
2.1 All offers are subject to change and non-binding and are understood to be subject to self-supply by our supplier. A contract is concluded with the written order confirmation or by acceptance of the delivery/service by the customer.
2.2 We are entitled to withdraw from contracts if facts occur which show that the customer is not creditworthy. The customer agrees that we may query his creditworthiness via SCHUFA, among others.
2.3 We reserve the right to make reasonable technical and design deviations from information in brochures, catalogues and written documents, as well as model, construction and material changes in the course of technical progress and further development, without this giving rise to any rights against us.
2.4 Unless otherwise agreed, prices are exclusive of packaging, transport, freight insurance and – with the exception of export transactions – statutory value added tax.
2.5 Unless otherwise stated, we reserve the right to increase the price appropriately if cost increases occur after conclusion of the contract – in particular due to price increases by suppliers or exchange rate fluctuations.
2.6 We expressly reserve the right to make reasonable partial deliveries and invoice them.
2.7 Agreed delivery dates shall be deemed to have been met if the contractual product has been handed over to the carrier on the agreed delivery date, unless otherwise expressly agreed in writing. If the shipment of goods ready for dispatch is delayed for reasons for which we are not responsible, the contractual products may be stored at the customer’s expense and risk.
2.8 Delivery dates stated by us are non-binding and are subject to timely delivery by our own suppliers as well as unforeseen circumstances and obstacles, regardless of whether these occur at our premises or at the manufacturer’s, in particular force majeure, government measures, failure to obtain official permits, industrial disputes of any kind, sabotage, shortage of raw materials, delayed deliveries of materials through no fault of our own. Such events extend the delivery date accordingly, even if they occur during a delay that has already occurred. A period of grace, in this case possibly set by the customer, is also extended by the duration of the unforeseen event. If we are more than four weeks in default with a delivery, the customer may, after a period of grace set in writing, extend the delivery period by the duration of the unforeseen event, excluding other claims under §§ 280 ff. BGB to withdraw from the contract. A claim of the customer for damages due to delayed delivery is excluded in any case. We reserve the right to withdraw from the contract if the delay in delivery caused by one of the above-mentioned events lasts longer than 6 weeks and we are not responsible for this.
2.9 Any obligation on our part to take back transport packaging, outer packaging or sales packaging within the meaning of the Packaging Ordinance is expressly excluded.
3. Examination and transfer of risk
3.1 The customer must check the goods immediately after receipt for completeness and conformity with the invoice. If a written complaint is not made within 8 days, the goods shall be deemed to have been delivered properly and in full, unless the defect is one that could not be detected during the inspection.
3.2 Insignificant defects that do not impair the functionality of the delivered goods do not entitle the customer to refuse acceptance.
3.3 In principle, the risk shall pass to the customer upon handover of the contractual product to the carrier, forwarding agent, their representatives or other persons named by us. This shall also apply if carriage paid delivery has been agreed. Incoterms of the respective valid version must be agreed separately in order to be valid. If the shipment is delayed or becomes impossible through no fault of ours, the risk shall pass to the customer upon notification of readiness for shipment.