General terms and conditions for use with business and legal persons of public law or public law special funds .
1 Order and Order Confirmation: The customer's order is a binding offer . We accept by sending a written confirmation within three weeks, or by delivering the ordered goods within this period.
2 prices: Our prices are net prices are plus VAT at the statutory rate . If agreed on a gross price, we reserve the right to re-estimate the price when changes in the tax law are made. The same also applies for partial deliveries that have not been invoiced separately . If not agreed otherwise, our prices are valid from our Breuna stock or from our factory, plus postage, packaging , assembly, and all costs and transportation fees apply , including customs. We reserve the right to subsequently increase the agreed price due to price change of raw materials from our suppliers. In a subsequent price change by more than 5%, the customer is entitled to cancel and return the order 4 weeks after receiving the price increase.
3 terms of payment: The payment shall be made on agreed terms in cash without discount . If the customer is in default, we are entitled to charge a default interest of 8 % above the base rate. Can we prove a higher damage caused by default, we are entitled to assert it . The client is only entitled to off rights, if his counterclaim is undisputed or legally binding.
4 delivery: Unless expressly agreed otherwise, the delivery dates specified by us are only estimates. The delivery period begins with the dispatch of the order confirmation, however not before the client provides the necessary documentation, i.e. principal documents, permits and certificates, approvals and the receipt of any agreed payment or delivery of necessary parts prior to the disposal. The delivery deadline is met if, before its expiration, the delivery has left the works or readiness for dispatch has been notified by us. The delivery period shall be extended for delays resulting from labor disputes and other unforeseen obstacles, if they affect the completion or delivery of the item concerned. This also applies if these circumstances occur at the suppliers. If we are in default, the client may, after a further reasonable period, withdraw from the contract if the goods are reported not ready by the deadline. This applies in the case of partial default with the proviso that the client, in addition to evidence that the partial delivery is of no interest, may withdraw from the entire contract. If client damage arises from default, he is entitled to delay compensation. For every full week of delay, this ranges between 0.5 % to a maximum of 5% of the value of that part of the delivery, which due to the delay can not or only partially be used. If the customer is in default of acceptance, he is liable for damages, in particular to pay incurred storage and interim financing costs .
5 retention of title: The delivered goods remain our property until full payment. The customer is entitled to resell the reserved goods in the ordinary course of business, a pledge or collateral assignment is not permitted to him. The client is required to secure all our rights in the resale of the reserved goods on credit. Furthermore, the customer already now assigns his claims arising from the resale of the reserved goods to us. We hereby accept this assignment. Upon request, the customer has to collect necessary information on the claim assigned to us and inform the debtor of the assignment. Any working or processing of the conditional commodities shall be provided to us without any obligations that arise for us. In processing, combining or mixing of the reserved goods with other goods not belonging to the customer, we claim the resulting ownership of the new item in proportion to the value of the reserved goods to the other processed goods at the time of processing, combining or mixing. The client acquires the sole ownership of the new goods, he shall grant us a percentage of the value of the goods subject to ownership of the new thing and will hold on to these without further costs. If the goods are in fact irrespective of their condition, are resold together with other goods and, as agreed in the preceding paragraph, shall only apply to those goods subject of the delivery transaction.
6 Delivery and transfer of risk: The risk shall pass to the client at the time of dispatch even if a partial delivery occurs or we accept transport costs according to individual agreement or do not ship from the place. Delaying the dispatch of the goods for reasons for which the customer is responsible, the risk shall pass from the date of readiness for dispatch expected to pass to the customer.
7 Investigation and reprimand / Warranty: The Customer shall inspect the goods upon receipt immediately and if a noticeable defect (obvious damage) is evident, inform us in writing no later than 3 business days after receipt. If the client fails to do so, the delivery is free of defects approved, unless there is a defect, which was not noticeable even after inspection with necessary due diligence (hidden defect). If such a hidden defect is discovered at a later stage, the client shall notify us in writing no later than 3 business days after the discovery of the defect. Otherwise, the delivery is approved despite this defect. In addition, a limitation period of one year from receipt of delivery is agreed for hidden defects. The timeliness of the notification, the timely dispatch of the notification by the customer is sufficient. In addition, § 377 , paragraph V HGB applies. If there is a damage for which we can be held accountable, we are entitled to choose between reparation or subsequent delivery. In the case of the removal of the defect, we are obliged to take all measurements necessary to eliminate the defect, in particular transport, travel, labour and material costs. In case we are not willing or able to deliver, or the delivery fails or is delayed beyond a reasonable period, for reasons which we are responsible for, the customer is entitled at his option to cancel the contract or to demand an appropriate reduction on the purchase price. Further claims of the customer, in particular claims for damages, including lost profits or other financial damages to the client are excluded. The above liability exemption does not apply if the damage is based on intent, gross negligence or the absence of a separate guaranteed contract quality, as well as claims under § § 1.4 product liability law.
If a contractual obligation is not fulfilled due to negligence, our liability is limited to the foreseeable damage .
Client claims for material defects and defects in movable objects shall expire one year after delivery, unless the defect was fraudulently concealed or there we provided a special guarantee.
8 The place of performance for our deliveries and services is 34479 Breuna.