Conditions of Use
§ 1 Area of application
Exclusively our following terms of delivery and payment terms are valid for all deliveries. We do not recognise standing in the way or conditions divergent from this, unless, we would have agreed expressly in writing to her validity. Our terms of delivery and payment terms are also valid if we explain the delivery to the customer in knowledge of standing in the way or conditions divergent from this without reservation.
§ 2 Completion of the contract
2.1 Our offers are non-binding. If the order is to be qualified as an offer according to §145 Civil Code, we can accept this within 2 weeks.
2.2 Changes of the technical implementation of the ordered goods are allowed, untill through this an essential functional change enters or proves the customer that the change is unreasonable for him.
2.3 By us provided pictures, drawings, calculations, files, documents and other information are to be treated confidentially. In them we reserve ourselves property rights and copyrights. The passing on into three parts needs our written approval.
2.4 We take over a guarantee for the state of a thing only if has been expressly promised in our confirmation of order or in our advertisement.
§ 3 Term of delivery
3.1 Dates of delivery and terms of delivery stand under the reservation that we ourselves are supplied properly and on time.
3.2 The term of delivery begins with the date of our written confirmation of order or the acceptance of the order in other manner. It is kept if up to her expiry the product has been dispatched.
3.3 By additional changes desired by the customer or with the obstacles of delivery which we do not have to represent the term of delivery appropriately is extended.
§ 4 Prices and payment terms
4.1 Our prices get on from camp packed, plus the legal value added tax. The costs for dispatch and duty fees are charged to the customer separately, provided that we have not expressly promised something else in our in each case topical price-list.
4.2 The payment has to occur immediately on receipt of the calculation without every deduction.
4.3 The customer can assert a compensation or retention right only if we have expressly recognised his counterclaim or she was ascertained legally.
4.4 Are from Ziff. 4.2 divergent payment terms been agreed and these are not kept, we are entitled to require immediate bar payment for all deliveries. If circumstances are given which question the creditworthiness of the customer (as for example the disregard of the payment terms), we are entitled to explain still back deliveries only against pre-payment, cash on delivery or security or to withdraw from the contract and to require compensation. We are entitled further to prohibit the wide disposal of the goods delivered under retention of title as well as to fetch back immediately the goods at the expenses of the customer if we have withdrawn from the contract.
§ 5 Danger crossing, assurance
5.1 The danger goes over in handing over of the product to the fabric guide on the customer.
5.2 The assurance of the product against damages in transit occurs only at explicit wish and at the expenses of the customer.
§ 6 Fault rebuke, fault claims, period of limitation
6.1 The customer has to examine the received product immediately on receipt of for defects. The customer has to raise fault Rugen immediately on receipt of the product, at the latest, however, within 14 days on receipt of, in writing. The same term is valid for hidden defects from discovery. For not on time indicated defects the fault claims are cancelled.
6.2 With entitled objections finishing touches or a spare delivery occur after our choice. If we do not repair the lack within adequate term or after at most two attempts or deliver substitute, the customer has the right to withdraw from the contract or to require lowering of the purchase price. The resignation is excluded if only one unimportant duty injury on our part vorliegt.
6.3 The period of limitation for fault claims amounts by delivery of new things to enterpriser a year. The term begins with the delivery of the thing.
§ 7 Retention of title
7.1 Our deliveries always occur under retention of title. The product remains up to the complete payment of all demands from the business connection with the customer our property. With running calculation the reserved property is valid as a security for our balance demand.
7.2 The customer is entitled to resell the delivered product within the scope of his well-arranged trend of affairs. He may pledge the reservation product, nevertheless, neither nor sicherungsübereignen.
7.3 For the case of the wide disposal the customer already resigns now all demands with all subsidiary rights to us who originate for him from the wide disposal.
7.4 The customer is authorised to draw the demand from the resale regardless of our own collection competence. As long as the customer to his bills of debt follows properly, we will not assert the demand ourselves. At our desire the customer has to announce to us the debtors of the resigned demands and to indicate them the cession. Our right to inform of the cession the third debtors independently is not touched through this. It is prohibited the customer from resigning the demand against the third debtor into three parts or from agreeing on a cession ban with the third debtor.
7.5 The customer is obliged to inform us of a pledge or any other interference of our protection rights by third immediately and on the quickest way. The customer is obliged to hand over to us everybody for the protection of our rights to necessary documents and to refund to us by a necessary intervention for originating costs.
7.6 We undertake to release in this respect the existing securities after our choice when her value exceeds the demands to be protected about more than 10%.
§ 8 Liability limitation
8.1 By an injury added us of the life, the body or the health we stick after the legal regulations.
8.2 The following is valid for other damages:
a) We stick for the damages which are based on a roughly careless duty injury of us or on a deliberate or roughly careless duty injury of our legal representatives or fulfilment assistant after the legal regulations.
b) For the damages which are based on the injury of essential contract duties as a result of an easy carelessness of us, our legal representatives or fulfilment assistant the liability is limited to the predictable damage typical for contract.
c) Compensation claims for other damages by the injury of accessory obligations or not essential duties in case of an easy carelessness are excluded.
8.3 The disclaimers of liability or restrictions are not valid, provided that we have hid a lack cunningly or have taken over a guarantee for the state of the thing.
8.4 The claim of the customer on substitute of vain expenditures instead of the compensation instead of the achievement and the liability according to the product liability law remain untouched.
§ 9 Decrease delay of the customer
If the customer does not take the product, we are entitled at the end of an adequate extension to withdraw from the contract and to demand compensation. The compensation amounts inclusively to 25% of the store price, provided that the customer does not prove that only a low damage has originated to us or we lead the proof that a higher damage has originated to us.
§ 10 Cession ban
Untill with the customer expressly something else is agreed, the customer is not entitled without our consent to transfer rights from the contract on third.
§ 11 Force majeure
Events of higher power as well as operational disturbances of every kind, official measures or other causes or events which cause a restriction or setting of our company entitle us to push out the fulfilment of our obligations or to withdraw from the contract all or part, without compensation can be required by us.
§ 12 Applicable right, legal venue
12.1 It is worth exclusively German right to the exclusion of the UN-purchase right.
12.2 Exclusive legal venue for disputes between the parties to a contract is Mannheim if the customer is a businessman, a legal entity of the public right or a public law special property or if the customer has no general legal venue in Germany. Indeed, we keep the right, against a customer who has no general legal venue in Germany to go forward judicially after our choice also before the otherwise responsible courts.
State: January 2016
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