General Terms and Conditions
Terms of sale and delivery
§ 1 validity of the conditions
1. The deliveries, services and offers of the seller are made exclusively on the basis of these terms and conditions. These therefore also apply to all future business relations, even if they are not expressly agreed again. At the latest with the receipt of the goods or services, these conditions are considered accepted. Counter-confirmations of the buyer with reference to his own business or purchase conditions are hereby contradicted.
2. Deviations from these terms and conditions are only effective if the seller confirms them in writing.
§ 2 Offer and conclusion of contract
1. Offers by the seller are only binding if they are made in writing and are valid for a period of 30 days from the date of the offer. The same applies to supplements, modifications or subsidiary agreements.
2. Designations, illustrations, dimensions, weight or other performance data are only binding if expressly agreed in writing.
§ 3 delivery times
1. Delivery and service delays due to events that make the delivery significantly more difficult or impossible for the seller – including material procurement difficulties, malfunctions, strike, lockout, lack of personnel, lack of means of transport, official order, etc. – even if they occur with suppliers of the seller or its subcontractors, the seller is not responsible even for bindingly agreed deadlines and dates. They entitle the seller to postpone the delivery for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in full or in part because of the unfulfilled part.
2. If the hindrance lasts more than 3 months, the buyer is entitled, after a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled.
3. If the seller is responsible for non-compliance with binding deadlines and deadlines or is in default, the buyer is entitled to a compensation of 1/2% for each completed week of delay, up to a maximum of 5% of the invoice value Delayed deliveries. Further claims, in particular claims for damages of any kind, are excluded.
§ 4 Transfer of risk and acceptance
1. The risk is transferred to the buyer in the case of a consignment purchase as soon as the consignment has been handed over to the person carrying out the transport or has left the warehouse of the seller or the manufacturer for the purpose of dispatch. If shipping becomes impossible through no fault of the seller, the risk passes to the buyer with the avoidance of readiness for shipment. In the other cases with the delivery of the goods.
2. The buyer must check the delivery items immediately upon receipt. Acceptance may only be refused to the extent that delivery items have significant defects that significantly affect their usability.
3. The delivery of the delivery item is at the expense and risk of the buyer. Any claims for damages due to transport damage must be asserted by the buyer directly to the carrier.
4. Any damage in transit does not affect the due date of the seller’s claim. The buyer is not entitled to withhold any repair costs or charge for such costs.
§ 5 Warranty
1. The warranty period begins with the delivery date. Failure to follow Seller’s operating or maintenance instructions, changes to the products, replacement of parts or use of consumables that do not conform to the original specifications will void any warranty.
2. The buyer must notify the seller of any defects in writing without delay, but no later than one week after receipt of the delivery item. Defects that can not be discovered even after careful examination within this period are to be reported to the seller in writing immediately after discovery.
3. If a defect indicated by the buyer during the warranty period is not remedied within a reasonable amount of time, the buyer may, at his option, demand a reduction of the purchase price or cancellation of the contract.
4. The warranty does not apply to wearing parts.
5. Warranty claims against the seller are only available to the direct buyer and are not assignable.
§ 6 Retention of title
1. All deliveries of the seller are subject to retention of title. The property is transferred to the buyer only after he has paid off all his liabilities from his business relationship with the seller. This also applies. if the purchase price has been paid for certain goods designated by the buyer. In the case of a current account, the reserved property may be deemed a security for the seller’s balance. If bills of exchange or checks have been given in payment, the redemption will only be considered as repayment. Working and processing take place for the seller excluding the acquisition of property according to § 950 BGB, without obligating the seller. The processed goods are used to secure the seller in the amount of the invoice value of the processed reserved goods.
2. In the case of access by third parties to the reserved goods, the buyer will point out the property of the seller and inform him immediately. Costs and damages paid by the buyer.
3. In the event of breach of contract by the buyer – in particular default of payment – the seller is entitled to take back the reserved goods at the expense of the buyer or, if necessary, to demand assignment of the buyer’s claims for return against third parties. In the withdrawal as well as in the seizure of the reserved goods by the seller, there is no withdrawal from the contract.
§ 7 Delivery prices and payment
1. The delivery prices (plus applicable VAT) are valid for delivery ex warehouse or manufacturer.
2. The delivery prices are valid for the delivery time specified in the offer or the order confirmation as fixed prices, but at least for a period of 3 months after the conclusion of the contract.
3. All invoices are payable within the payment deadlines agreed for the order. The payment period starts with the invoice date.
4. If the seller becomes aware of circumstances after conclusion of the contract which are likely to reduce the creditworthiness of the buyer, all claims of the seller shall be due without regard to any agreed payment dates or the term of any accepted bills of exchange. For the fulfillment of still outstanding deliveries or achievements the salesman is obligated with known achievement. If the buyer does not fulfill this obligation, then the seller can set an additional period of 2 weeks for the advance payment or security deposit. After fruitless expiration of this grace period, the acceptance of the performance by the buyer is rejected, the seller entitled to claim damages for non-performance or to withdraw from the contract.
§ 8 Limitation of Liability
Claims for damages due to impossibility of performance resulting from positive breach of contract, culpa in contrahendo and tort are excluded both against the seller and against his vicarious agents, unless intentional or grossly negligent action has been taken.
Any representations regarding the quality and condition of the goods have not been made by the seller.
§ 9 Applicable law, place of jurisdiction, partial nullity
1. For the terms and conditions and the entire legal relationship between seller and buyer is the law of the FRG.
2. The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Ingolstadt.
3. Should a provision in these terms and conditions or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions and agreements