1 The following terms of sale apply to all between the buyer and us contracts for the supply of goods. They also apply to all future business relations, even if they are not expressly agreed again. Deviating conditions of the buyer, we do not explicitly acknowledge, are not binding on us, even if we do not expressly contradict them. The following conditions of sale also apply if we carry are aware of conflicting or deviating conditions of the buyer, the buyer’s order unconditionally.2 In the contracts are all agreements that were made between the buyer and us to execute contracts of sale set out in writing.II. Offer and Conclusion of Contract1 An order of the Buyer which is to be qualified as an offer to conclude a purchase contract, we can accept within two weeks by sending an order confirmation or by delivery of the ordered products within the same period.2 Our offers are non-binding, unless we have expressly designated as binding.3 In all figures, calculations, drawings and other documents we reserve our ownership, copyright and other proprietary rights. The Purchaser may enter only with our written consent to third parties, regardless of whether we have this marked as confidential.III. Prices, payment, packaging, shipping1 Our prices are ex works, unless otherwise specified in the order confirmation. Our prices include VAT is not included. We shall show separately in the statutory amount on the date of the invoice in the invoice.2 The minimum order value is (VAT excl.) EUR 15.00. The cost of packing cost (VAT excl.) EUR 3.84 once per order, regardless of the number of articles.3 A discount is allowed only with a written agreement between us and the buyer. The purchase price is payable net (without deduction) immediately upon receipt of the invoice from the buyer for payment unless there are any other payment from the order confirmation. A payment shall be considered made when we can dispose of the amount. In the case of payment by check, payment is only made when the check is cashed.4 If the purchaser is in default of payment, the statutory provisions shall apply.5 The buyer is entitled to offset, even if complaints or counterclaims are valid, only if the counterclaims are legally established, recognized by us or are undisputed. To exercise a lien, the buyer is only entitled if his counterclaim is based on the same contractual relationship.6 The shipping costs per package EUR 6.99 (excl. VAT).. Includes an order more than one address shall be levied shipping cost per delivery address. In this way, the actual costs of postage / freight will be covered. Shipping cost participation and a bulky goods surcharge for delivery fall then only once per order when delivered in multiple shipments due to technical reasons.7 For each reminder, a reminder fee of EUR 10.00 will be charged a flat rate.
IV Delivery and Performance1. Delivery dates or deadlines that have not been expressly agreed as binding, are exclusively non-binding. Likewise, the buyer has to fulfill all his obligations properly and on time. Goods that are in stock will generally ship within 5 business days after receipt of the customer’s order.2 However, where the underlying contract to a fixed date within the meaning of § 286 para 2 No. 4 BGB or § 376 of the German Commercial Code, we are liable according to legal regulations. The same applies if the buyer is entitled as a result of a delay in delivery for which we are responsible to make the continuation of his interest in the further performance of the contract. In this case our liability is limited to foreseeable, typically occurring damage if the delivery delay is not due to be caused by our deliberate breach of contract, which is attributable to us of our representatives or vicarious agents.Likewise, we are liable for late delivery in accordance with the statutory provisions if this is due to a willful or grossly negligent breach of contract, with us one of our representatives or vicarious agents. Our liability is limited to foreseeable, typically occurring damage if the delivery delay is not due to be caused by our deliberate breach of contract.3 In the event that a fault or of delay in delivery to the culpable breach of an essential contractual obligation with us one of our representatives or vicarious agents, we are liable according to the statutory provisions, provided that in this case the liability for damages foreseeable at the , typically occurring damage is limited.4 Otherwise, the buyer in the event of a delay of delivery delay for each full week of delay, a fixed compensation amount of 3% of the value, but make up no more than 15% of the delivery value.5 Any further liability for delay in delivery caused by us are excluded. Further statutory claims and rights of the purchaser, in addition to his claim for damages due to a delay in delivery caused by us, remain unaffected.6 If the buyer is in default of acceptance, we are entitled to demand compensation for the resulting damages and any additional expenses. The same applies if the buyer culpably violated obligations to cooperate. With the occurrence of the acceptance or debtor default, the risk of accidental deterioration and accidental loss shall pass to the buyer.7 Is not available when the goods receipt, the clerk tried to fast delivery. If non-compliance with a delivery or performance period is attributable to acts of God, labor disputes, unforeseen obstacles or other circumstances not attributable to the Seller, the deadline will be extended.8 The Seller reserves the right to separate from the obligation to fulfill the contract when the goods are to be delivered by a supplier to the day of delivery and the delivery omitted entirely or partially. This self-supply reservation applies only if the seller is not responsible for the lack of delivery. The seller is not responsible for the failure of performance, if completed on time with the supplier called a congruent hedging transaction has been completed to fulfill the contractual obligations. If the goods are not delivered, the Seller will immediately inform the customer of this fact and refund the purchase price.
V. Transfer of risk, shipping, packaging1 Loading and dispatch are grds. uninsured at the buyer’s risk. We will endeavor to take into account the wishes and interests of the buyer in terms of transport and transport; resulting additional costs – even if agreed free delivery – shall be borne by the purchaser.2 We accept transport and all other packaging according to the Ordinance does not return, except pallets. The buyer is responsible for disposal of the packaging at his own expense.3 If the shipment is delayed at the request or fault of the buyer, we store the goods at the expense and risk of the purchaser. In this case, notification of readiness for dispatch as dispatch.4 At the buyer’s request and expense, we will insure the delivery by a transport insurance. This request must be in writing.
VI. Material and legal defects liability1 Warranty claims by the Buyer shall exist only if the buyer has fulfilled his obligation according to § 377 HGB inspection and complaint.2 Case of justified complaints, we are (to the exclusion of the rights of the purchaser to rescind the contract or reduce the purchase price) to its fulfillment, unless we are entitled under the law regulations to refuse subsequent performance. The Purchaser shall grant us a reasonable time limit. The remedy can be chosen by the buyer by eliminating the defect (rectification) or delivery of new goods. We carry in case of repair, the necessary expenses, unless these are increased because the subject matter is at a place other than the place of performance. If subsequent performance fails, the purchaser may demand or withdraw from the contract (reduction) to either a reduction of the purchase price. The remedy does not apply to the second unsuccessful attempt, where the state of the contract further attempts are appropriate and reasonable for the buyer. Claims for damages to the following conditions due to lack of buyers can only be asserted when the cure is unsuccessful. The buyer’s right to assert further claims for damages to the following conditions remains unaffected.3 The warranty claims of the customer shall expire one year after delivery of the goods to the buyer, unless we have fraudulently concealed the defect, in which case the legal regulations apply. Our obligations under Section VI, no. 4 and Section VI, no. 5 remain unaffected.4 We are in accordance with the statutory provisions for the reduction of new goods or to decrease (reduction) of the purchase price without the time limit otherwise required obligation if the buyer’s customers as consumers of the new movable goods (consumer goods) because of the lack of these goods to the purchaser the redemption of the goods or the reduction could (reduction) of the purchase price or the buyer just such a resultant recourse is asserted. We are also obliged to replace Expenses of the buyer, in particular transport, travel, labor and material costs, which he had to bear in relation to the consumer for the cure because of this transfer of risk from us to the buyer defect in the goods . The claim is excluded if the buyer is his obligation according to § 377 HGB inspection and complaint not properly fulfilled.5 The obligation under section VI, no. 4 is excluded if it is due to a lack of advertising claims or other contractual agreements that do not originate from us, or if the buyer has made a special warranty to the end user. The obligation is also excluded if the purchaser was not obliged to exercise the warranty rights against the consumer because of the statutory provisions or this complaint has not been made against him made a claim. This applies even if the buyer has taken warranties to the end user, which go beyond the statutory requirements.6 We are liable regardless of the following limitations to the statutory provisions for damage to life, body or health caused by a negligent or willful breach of duty by us, our legal representatives or our vicarious agents, as well as for damages covered by liability under the Product Liability Act are. For damages that are not covered by sentence 1 and are based on intentional or grossly negligent breach of contract and bad faith by us, our legal representatives or our agents, we are liable according to legal regulations. In this case, however, the liability for damages is limited to foreseeable, typically occurring damage if we, our legal representatives or our vicarious agents was not at fault. In the extent to which we have given of the goods or any part thereof a quality and / or durability, we are also liable under this warranty. For damages based on the lack of guaranteed quality or durability, but does not directly affect the goods, we are only liable if the risk of such damage is clearly covered by the guarantee of quality and durability.7 We are also liable for any damage we cause by simple negligent breach of such obligations the fulfillment of which allows the execution of the contract and on which the buyer relies and may rely. However, we are only liable if the damages are typically associated with the contract and foreseeable.8 A further liability is excluded regardless of the legal nature of the asserted claim, this particularly applies to tort claims or claims for reimbursement of expenses in lieu of performance, without prejudice to our liability under Section IV no. 2 to Section IV, para. 5 of this contract. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.9 Damage claims by the purchaser due to a defect shall expire one year from date of delivery. This does not apply in the case of us, our legal representatives or our vicarious agents of injury to life, body or health, or if we or our legal representatives acted intentionally or with gross negligence, or our vicarious agents have acted willfully.10th Any liability of the designer no longer shared by the client for the design, text, final designs and final drawings.11th The designer is not liable for the competition and trademark law admissibility and eligibility for the work.
Retention of title1 Until all claims, including all balance claims from current account, which we have against the buyer now or in the future, the delivered goods (reserved goods) remain our property. In case of breach of contract by the customer, eg Default, we have by setting a reasonable time limit, the right to take back the reserved goods. If we take back the reserved goods, this represents a withdrawal from the contract dar. we seize the reserved goods, this is a withdrawal from the contract. We are entitled to sell the goods after the withdrawal. After deduction of a reasonable sum for the costs, the proceeds of the amounts owed by the purchaser shall be recognized.2 The buyer has to handle the goods with care and to insure at his own expense against fire, water and theft at replacement value. Maintenance and inspection work that will be necessary, should be performed in time by the purchaser at his own expense.3 The buyer is entitled to resell the reserved goods properly in business and / or use, as long as he is not in default. Pledges or assignments are not permitted. The from the resale or any other legal reason (insurance, tort) in respect of the reserved goods (including all balance claims from current account) the buyer already now assigns in full to us, we hereby accept the assignment to. We authorize the Buyer to collect the claims assigned to us for the account in his own name. The authorization can be revoked at any time if the buyer fails to meet its payment obligations. For the assignment of the claim, the buyer is also not authorized for the purpose of collecting receivables through factoring, unless it is at the same time establishes the obligation of the factor, while immediately to effect the consideration in the amount of the claims to us as yet demands of us made against the purchaser.4 Any processing or transformation of the goods by the buyer will be made in any case for us. If the reserved goods are processed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the reserved goods (final invoice amount including VAT) to the other processed items at the time of processing. The same applies as for the reserved goods produced by processing new thing. In the case of inseparable mixture of the reserved goods with other goods not belonging to us, we acquire co-ownership of the new item in proportion to the value of the reserved goods (final invoice amount including VAT) to the other processed items at the time of mixing. Is the responsibility of the purchaser to display a result of the mixing of the main item, the buyer is and we agree that the buyer proportional joint ownership to us in this matter, we hereby transfer. That originates in our sole or joint ownership of an item, the buyer secures for us.5 If third parties to the reserved goods, especially seizures, the buyer will indicate our ownership and inform us immediately so that we can enforce our property rights. If the third party is unable to reimburse us for the costs arising from the judicial or extrajudicial costs shall be liable for the buyer.6 We are obliged to release the securities due to us insofar as the realizable value of our securities exceeds the secured claims by more than 10%, it is incumbent on us to select the securities to be released.Place of performance, jurisdiction, applicable law1 Place of performance and jurisdiction for deliveries and payments (including checks and bills) as well as all disputes between us and the buyer disputes between us and the concluded purchase agreements it is our headquarters. However, we are entitled to sue the purchaser at his residence and / or business.2 The relations between the parties are governed exclusively by the laws applicable in the Federal Republic of Germany. The application of UN purchasing law is excluded.