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§ 1 General Information – Scope of the Contract
1. The Terms and Conditions apply to all current and future business connections. Differing, opposing or supplementary general Terms and Conditions do not form an integral part of the contract, even if acknowledged, unless their standing is formally approved in writing.
2. For the purpose of the Terms and Conditions, a Consumer is any individual person who concludes a transaction with us, the purpose of which cannot be assigned to either his/her commercial or independent occupational activity (§ 13 of the German Civil Code (BGB)). For the purpose of the Terms and Conditions, a Contractor is an individual or corporate body or partnership with legal capacity, who on concluding a transaction, deals with us in exercising its commercial or independent occupational activity ( § 14 BGB). For the purpose of the Terms and Conditions, Customers are both Consumers and Contractors.
§ 2 Deliveries and Services
1. If the Customer is a Contractor, the risk of accidental loss and accidental deterioration of the goods passes to the buyer when the goods are transferred to the carrier or to the person or establishment appointed to carry out the dispatch, or, in the case of a mail order purchase, when the thing is dispatched to the forwarding agent.
2. If the Customer is a Consumer, the risk of accidental loss and accidental deterioration of the thing sold only passes to the buyer when the thing is handed over.
3. The same consequences arise if the Customer is in default in accepting delivery.
§ 3 Retention of Title
1. For contracts with Consumers, we retain the Title to the goods until the goods have been paid for in full.
2. For contracts with Contractors, we retain the Title to the goods until all accounts from the current business connection with the respective Contractor are settled in full.
§ 4 Payment Terms
1. Where the delivery is invoiced, payment is due 14 days after the invoice date. The Customer will receive no further explanations from the Vendor if he/she falls behind the due date stated on the invoice, in so far as he/she has not paid. In the case of defects, a Contractor is not entitled to a right of retention, in so far as this is not in appropriate proportion to the defects and the anticipated costs of the supplementary performance (particularly of the correction of defects).
2. In the event of default of payment, we reserve the right to charge interest payable on arrears at a rate of 5% above the base interest rate (§ 247 BGB).
3. In the event of default of payment, we reserve the right to withdraw from the contract and to demand the return of the goods.
§ 5 Warranty
1. Contractors must notify us of obvious defects in writing within a period of two weeks of noticing the defect; otherwise claims under the warranty are precluded. Timely dispatch is sufficient for adherence to the period of notice. The full burden of proof lies with the Contractor for all conditions of entitlement, particularly for the defect itself, the date on which the defect is identified and the timeliness of the claim.
2. Consumers must inform us about any obvious defects in writing within a period of 2 months of noticing the defect. The condition for adhering to the period is our receipt of the notification. Should the Consumer fail to notify us, his/her rights under the warranty lapse two months after noticing the defect. This is not valid in the case of fraud by the Consumer. The burden of proof for the date on which the defect is identified lies with the Consumer. If the Consumer was persuaded to buy the thing because of incorrect claims by the manufacturer, the burden of proof for the decision to buy lies with the Consumer.
3. If the Customer is a Contractor, where goods are damaged, it is our choice first of all whether we meet the warranty by remedying the defect or delivering a replacement.
4. If the Customer is a Consumer, it is his/her choice first of all whether the supplementary performance is a defect remedy or a replacement delivery. However, we reserve the right to decline the chosen supplementary performance if it is only possible by incurring excessive costs and the other form of supplementary performance does not have considerable disadvantages for the Consumer. Should the supplementary performance go wrong, the Customer can demand in principle a decrease in the purchase price (reduction) or a ancellation of the contract (withdrawal) at his/her discretion.
5. Should a Contractor choose a withdrawal from the contract because of a legal or material defect after a failed supplementary performance, he/she is not entitled to a claim for compensation because of the defect as well.
§ 6 Liability Disclaimer
1. We adhere to the legal requirements in the case of the intent or gross negligence of ourselves or of our representatives or vicarious agents. Incidentally, we only adhere to the Product Liability Act in the case of death or injury to body or health or in the case of the culpable breach of fundamental contractual obligations. Claims for compensation for breach of fundamental contractual obligations are limited, however, to foreseeable injuries typical to the contract.
2. The regulation of the aforesaid clause 1 applies to compensation along with payment and compensation instead of payment, for any cause in law whatsoever, in particular to obtain damages for defects, breach of duties under contractual obligations or tortious acts. It also applies to the reimbursement of futile expenditure.
§ 7 Governing Law
German law governs these Terms and Conditions under exclusion of the UN Sales Convention.
§ 8 Miscellaneous
1. All agreements must be in writing, as must any cancellations.
2. The invalidity of individual clauses of these Terms and Conditions does not affect the validity of the remaining clauses.
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