General Terms and Conditions of Business
§ 1 Applicability
(1) Our goods, services and offers are carried out exclusively on the basis of these General Terms and Conditions of Business. These are an integral part of all contracts that we conclude with our clients (hereafter also referred to as “Purchasers”) for the goods offered by us.
(2) Our personnel are not authorised to conclude verbal agreements with the client in connection with the contract where these differ from the order form or these General Terms and Conditions of Business.
§ 2 Offer and Contract Conclusion
(1) Our offers represent a non-binding request to the client to submit an order. All price details are subject to change and are non-binding.
(2) The client is bound by an order issued by him and as yet not accepted by us for 14 calendar days after being sent. We are entitled to accept the offer within this period of notice. The date on which our acceptance is sent to the client is definitive for adherence to the period of notice. Despatch of the ordered goods also counts as acceptance.
§ 3 Prices and Payment
(1) The prices include the statutory Value Added Tax.
(2) The stated purchase price does not include the costs for packaging and transportation. These costs are to be borne by the purchaser.
(3) Payments can only be made by transfer (prepayment) to a bank account notified by us or under the express terms of payment stated on our Internet site. Technical personnel, drivers and after-sales personnel are not authorised to receive payment.
(4) The purchaser is only entitled to offset its own claims against our claims if the counterclaims are undisputed or have been established as legally binding. The purchaser is also entitled to retention on the basis of counterclaims arising from the same contractual relationship.
§ 4 Delivery and Delivery Dates
(1) Unless a fixed period or a fixed date has been agreed in writing our goods and services will be executed as quickly as possible, no later however than within a period of approx. four weeks.
(2) If we do not adhere to an agreed delivery date then the purchaser must set us a reasonable period of grace which may not in any event be less than two weeks.
§ 5 Warranty
(1) The purchaser is entitled to the statutory rights in the event of defects in the goods supplied.
(2) If the client intends to demand compensation instead of performance or to effect performance itself, then to this extent the remedy of a defect is only deemed to have failed after the second unsuccessful attempt. This does not affect the statutory cases for dispensing with setting periods of notice.
(3) When purchasing used goods the statute of limitations for a client’s claims for defect expires at the end of one year from the date of receipt of the goods.
§ 6 Liability for Compensation
(1) Claims for liability from the purchaser due to obvious defects in the goods supplied are excluded if it does not notify us of the defect within a period of two weeks following delivery of the goods.
(2) Our liability for compensation, on whatever legal grounds (in particular for delay, defects or other breaches of obligations) is limited to the foreseeable loss typical for this kind of contract.
(3) The above limit of liability does not apply to our liability due to wilful intent or gross negligence, for guaranteed properties, for injury to life and limb or damage to health.
§ 7 Retention of Title
(1) We retain ownership of the supplied goods until receipt of the full payment of the purchase price for these goods. Whilst the retention of title exists the purchaser may not sell the goods (hereafter referred to as: reserved goods) or otherwise dispose of ownership of same.
(2) In cases of intervention in the reserved goods by third parties – in particular court enforcement officers – the purchaser will refer to our ownership of the goods and inform us immediately so that we can assert our rights of ownership.
(3) In the event of actions by the purchaser contrary to the terms of the contract, in particular in the event of late payment, we are entitled to demand return of the reserved goods insofar as we have withdrawn from the contract.
§ 8 Final Provisions
Should one or more clauses of these General Terms and Conditions of Business be invalid this will not result in the whole contract being rendered invalid. The invalid clause will be replaced by the pertinent statutory clause.