General terms and conditions
§ 1 Offer and conclusion of contract
The order signed by the purchaser is a binding offer. We can accept this offer within two weeks by sending an order confirmation or send the ordered goods within this period.
§ 2 Documents handed over
We reserve the property rights and copyrights to all documents provided to the purchaser in connection with the placing of the order – also in electronic form – such as calculations, drawings, etc.. These documents may not be made accessible to third parties unless we give the purchaser our express written consent. If we do not accept the orderer’s offer within the period of § 1, these documents shall be returned to us without delay.
§ 3 Prices and payment
- Our prices include sales tax (and packaging costs). Delivery and shipping costs are (not) included in our prices.
- Payment of the purchase price must be made exclusively to the account specified overleaf. The deduction of a discount is only permissible with a special written agreement.
- Unless otherwise agreed, the purchase price is payable after delivery and invoicing. Interest on arrears shall be charged at a rate of 5% above the respective base interest rate p.a.. We reserve the right to claim higher damages for delay. In the event that we claim a higher damage caused by delay, the customer shall have the possibility to prove to us that the claimed damage caused by delay was not incurred at all or at least in a significantly lower amount.
§ 4 Offsetting and rights of retention
The Purchaser shall only be entitled to set-off if his claims have been legally established or are undisputed. The Purchaser shall also be entitled to set-off against our claims if it asserts notices of defects or counterclaims arising from the same purchase contract. The Purchaser shall only be entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.
§ 5 Delivery time
- Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.
- The commencement of the delivery period stated by us shall be subject to the timely and proper fulfillment of the customer’s obligations. The defense of non-performance of the contract remains reserved.
- The customer may request us in text form to deliver within a reasonable period of time 4 weeks after a non-binding delivery date/delivery deadline has been exceeded. If we culpably fail to meet an express delivery date/period or if we are in default for any other reason, the customer must grant us a reasonable grace period to effect performance. If we allow the period of grace to expire fruitlessly, the customer shall be entitled to withdraw from the purchase contract.
- If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. For its part, the Purchaser reserves the right to prove that no damage at all or at least substantially less damage has been incurred in the amount demanded. The risk of accidental loss or accidental deterioration of the object of sale shall pass to the Purchaser at the point in time at which the Purchaser is in default of acceptance or debtor’s delay.
- Further legal claims and rights of the purchaser due to a delay in delivery remain unaffected.
§ 6 Retention of title
- We retain title to the delivered item until full payment of all claims arising from the delivery contract.
- As long as ownership has not yet been transferred to the Purchaser, the Purchaser shall be obliged to treat the purchased item with care. In particular, he is obliged to sufficiently insure them at his own expense against theft, fire and water damage at replacement value (note: only permissible in the case of the sale of high-value goods). If maintenance and inspection work has to be carried out, the Purchaser shall carry this out in good time at its own expense. As long as ownership has not yet been transferred, the purchaser must inform us immediately in text form if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a lawsuit in accordance with § 771 ZPO (German Code of Civil Procedure), the customer shall be liable for the loss incurred by us. The processing or transformation of the object of sale by the customer shall always be carried out in our name and on our behalf. In this case, the expectant right of the purchaser to the purchased item shall continue in the transformed item. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the objective value of our object of sale to the other processed objects at the time of processing. The same applies in the event of mixing. If the mixing takes place in such a way that the item of the customer is to be regarded as the main item, it shall be deemed agreed that the customer shall transfer co-ownership to us on a pro rata basis and shall keep the sole ownership or co-ownership thus created for us. To secure our claims against the purchaser, the purchaser also assigns to us such claims as accrue to him against a third party as a result of the connection of the reserved goods with a property; we accept this assignment already now.
- We undertake to release the securities to which we are entitled at the request of the customer insofar as their value exceeds the claims to be secured by more than 20%.
§ 7 Warranty and notice of defects
- Insofar as the information contained in our brochures, advertisements and other offer documents has not been expressly designated by us as binding, the illustrations or drawings contained therein are only approximate,
- Insofar as the delivered item does not have the quality agreed between the customer and us or it is not suitable for the use presupposed according to our contract or for the use in general or it does not have the properties which the customer could expect according to our public statements, we are obliged to subsequent performance. this shall not apply if we are entitled to refuse subsequent performance on the basis of statutory regulations.
- The Purchaser shall initially have the choice whether the subsequent performance is to be effected by repair or replacement delivery. However, we shall be entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance does not involve any significant disadvantages for the customer. During the supplementary performance, the reduction of the purchase price or the withdrawal from the contract by the customer are excluded. A rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. If the supplementary performance has failed or if we have refused the supplementary performance altogether, the customer may, at his option, demand a reduction of the purchase price or declare his withdrawal from the contract.
- Claims for damages under the following conditions due to the defect can only be asserted by the customer if the supplementary performance has failed or we have refused the supplementary performance. The right of the Purchaser to assert further claims for damages under the following conditions shall remain unaffected. Notwithstanding the foregoing provisions and the following limitations of liability, we shall be liable without limitation for damage to life, limb and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act, and for all damage resulting from intentional or grossly negligent breaches of contract and fraudulent intent by our legal representatives or our vicarious agents. Insofar as we have given a quality and/or durability guarantee with regard to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage based on the absence of the guaranteed quality or durability, but which does not occur directly to the goods, if the risk of such damage is obviously covered by the guarantee of quality and durability.
- We shall also be liable for damages caused by simple negligence, insofar as this negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable. We shall not be liable for simple negligent breaches of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 – 3 shall also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents is concerned.
- Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
- The warranty period is 2 years, calculated from the transfer of risk. This period shall also apply to claims for compensation for consequential harm caused by a defect, insofar as no claims in tort are asserted.
§ 8 Miscellaneous
- This contract and the entire legal relationship between the parties shall be governed by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
- Should individual provisions of this contract be or become invalid or contain a loophole, this shall not affect the remaining provisions.
– Status March 2021