General Terms of business
1.Universal
1.1 These general sales conditions are valid for all, either prospectively contracts, and other services. As long as the other party is entrepreneur, our general terms of business are valid in their validly frame. Consumer in a sense of these general terms of business are natural persons, with those we enter in business relationship, without this can be added these one commercial or independent avtivity. Enterprisers for the purposes of these terms of business are natural persons or juridical persons or having legal capacity personal societies with whom is entered in business connection which act in exercise of a commercial or independent activity, are a contracting partner for the purposes of these terms of business consumer as well as enterpriser. Conditions of a contract partner don´t oblige us also, if we do not contradict them again after entrance with ourselves expressly.
1.2 Our offers are not-binding, agreements, in particular beside agreements become at first obliging by our written confirmation.
1.3 Divergences of the object of delivery of offers, patterns, trial deliveries and predeliveries are allowed in accordance with the in each case valid German Institute for Standardization norms or other more appropriately technical norms. Amounts can become with special designs up to 10% over / unterdelivers. Variations, in particular hue with natural products are to be accepted in a reasonable variation width of the customer.
1.4 Returns, immediately from which argument, must be announced by telephone at the society and be approved. If the return occurs without naming of reasons our society calculates a restorage fee at the rate of 15 per cent of the purchase price, however, at least 50 EUR to the buyer. Unless the contracting partner can prove that the amount adequate in the concrete case is lower for restorage than the intended all-inclusive.
2. Prices
2.1 Our prices get on, untill differently agrees, ex works excluding packaging.
3. Payment and Accounting
3.1 Our bills need to be paid within 8 days with 2 % discount, within 14 days net, in each case from calculation date.
3.2 From us denied or not legally ascertained counterclaims entitle the contracting partner not to compensation. The contracting partner can exercise a retention right only if his whole claim is based on the same contractual relationship.
3.3 At the end of 20 days from calculation entrance gets of the contract in delay if he has not already been sent a reminder before. The consumer has to pay interest during the delay on the debt at the rate of 5% over the base interest rate sentence. The enterpriser has to pay interest during the delay on the debt at the rate of 8% over the base interest rate sentence. We reserve ourselves to prove a higher delay damage and to assert.
3.4 Incoming payment trouble or becoming known an essential deterioration of the property relations of the customer entitles us to put deliveries immediately. At the same time all our demands become due against the customer regardless of the term taken change immediately, unless the contracting partner does not have to represent this fact. In addition, we can prohibit the wide disposal and subsequent treatment of the delivered goods. The buyer can turn away all these legal results by payment or by security by height of our threatened payment claim. The legal conditions to the whole due position in the consumer's contract are not touched by the precalled executions.
4. Times of delivery
4.1 Terms of delivery and appointments are kept if up to her expiry the object of delivery has left our work.
4.2 Terms of delivery are extended in adequate circumference with measures of labour disputes, in particular with higher power, war, internal riots, acts of terrorism, seizure, lack of suitable material, engine troubles or other operational disturbances which are not to be represented by us or would be to be performed only by unreasonable expenditures. As far as possible the contracting partner about the entry of unforeseen events as well as about their predictable end is informed.
4.3 If we get in delay, the buyer can withdraw at the end of an adequate extension sedate to us in this respect from the contract when the product is not sent up to the deadline. Arises to the buyer because of a delay which has originated as a result of our fault a damage, he is entitled to the exclusion of other claims to demand a delay compensation at the rate of 0.5 per cent of purchase price for every full week of the delay, on the whole, however, at most 5 per cent from the purchase price of that part of the whole delivery which cannot be used as a result of the delay on time or accorded to the contract. The restriction does not count, as far as we stick in cases of the intention or the coarse carelessness compelling.
5. Reservation of Proprietary
5.1 With contracts with enterprisers we reserve ourselves the property in the product (reservation product) up to entire settlement of all demands from the running business connection, immediately for which legal argument. With contracts with consumers we reserve ourselves up to entire payment of the purchase price.
5.2 The buyer may dispose of the reservation product only in the usual business dealings to his normal terms of business and as long as he is not in the delay, provided that the demands from the wide disposal on us go over. At other orders about the reservation product he is not entitled.
5.3 The demands of the buyer from the wide disposal are already resigned now to us. They serve in the same circumference for the protection like the reservation product. If the reservation product does not become together with others, from us to sold goods disposed, the demand from the wide disposal counts only by height of the wide disposal value of the in each case disposed reservation product.
5.4 The shop assistant is entitled to draw demands from the wide disposal up to our cancellation allowed any time. We become from the cancellation right only in the No. to 3.4 called cases make use. At our desire the buyer is obliged to inform his buyers immediately of the cession to us - provided that we do not do this - and to give ourselves the information necessary for the collection and documents.
5.5 The buyer must immediately inform us of a distraint or other interference by third.
5.6 If the value of existing securities exceeds the secure demands around more than 10 per cent, we are obliged by request of the buyer in this respect to release of securities after our choice.
5.7 We are entitled to withdraw with behaviour contrary to the terms of the agreement of the contracting partner, in particular with default or injuries after the points 5.2 to 5.5 from the contract and our retention of title product require.
5.8 The treatment and processing of our product by the enterpriser always occurs in the name of and on behalf of us. If a processing with us to belonging objects does not occur, we acquire in the new thing the joint ownership in proportion to value of the product delivered by us to the other processed objects. The same counts if the product with others, us is not mixed to belonging objects.
6. Execution of the deliveries
6.1 The danger goes over in the handing over of the ordered product to a forwarding agent or carrier, at the latest however, with abandonment of the camp or - by distance shops - the work of delivery by all shops on the buyer. This happens expressly also by deliveries "no delivery charge". If the buyer is a consumer, the danger of the accidental setting and the accidental deterioration of the sold thing goes over, also by the sending purchase only in the handing over of the thing on the buyer.
6.2 We are entitled to part deliveries in reasonable circumference. With manufacture product are allowed more or short deliveries up to 10% of the concluded amount.
6.3 With call orders and special constructions we are entitled, the whole order quantity unanimously to produce. Any change wishes cannot be taken into consideration anch granting of the order any more, unless this was expressly agreed. Call appointments and call amounts can be kept, as far as no steady arrangements were met, only within the scope of our delivery and production possibilities.
7. Liability and defects
7.1 If the contracting partner is an enterpriser, we perform with defects of the product at first after our choice guarantee by finishing touches or spare delivery. If the buyer is a consumer, he has the choice whether the subsequent performance should occur through finishing touches or spare delivery. Nevertheless, we are entitled to refuse the kind of the elective subsequent performance if it is possible only with disproportionate costs and remains the other kind of the subsequent performance without considerable disadvantages for the consumer.
7.2 If the subsequent performance misses, the contracting partner can require lowering of the reimbursement (decrease) or cancellation of the contract (resignation) basically for his choice. With an only slight breach of contract, in particular with only slight defects, no right to rescind is entitled to the contracting partner, nevertheless.
7.3 Enterprisers must indicate evident defects within a term of two weeks from receipt of the product in writing; otherwise is excluded the Geltungmachung of the guarantee claim (subsequent performance, resignation, decrease). For the term protection the timely sending is enough. The full burden of proof meets the enterpriser to all claim conditions, in particular for the lack, for the time of the statement and to the seasonableness of the fault rebuke. Consumers must inform within a term of two months after the time at which the state contrary to the terms of the agreement of the product was ascertained about evident defects in writing. Decisively for the protection of the term the access of the instruction is with us. If the consumer omits from this instruction the guarantee rights (subsequent performance, resignation, decrease) go out two months after statement of the lack. This does not count with guile of the shop assistant. The burden of proof is the time of the statement of the lack meets the consumer. If the consumer duch incorrect manufacturer's statements was moved for the purchase of the thing, the burden of proof meets him to his purchase decision for the faultiness of the thing. As long as the contracting partner does not give us the opportunity to persuade us of the lack, in particular at our desire for adequate term settlement the complained product or tests does not make available, he cannot appeal to defects of the product. Other claims are excluded in accordance with the segment 8. This counts in particular to claims to substitute of damages which have not originated in the product (lack secondary damages). In cases of the absence of assured Eigenschaten we stick only in this respect when the assurance pursues the purpose to secure the buyer just against the stamped damages.
7.4 For enterprisers the guarantee term amounts two years from delivery of the product. This does not count if the contracting partner has indicated us the lack not on time. Untouched the legal periods of limitation remain with guile on our part and with things, according to her usual use for a building uses has become and whose faultiness has caused.
7.5 If the buyer is an enterpriser, only the product description of the manufacturer sellen counts as a state of the product basically besides no state information according to contract of the product.
7.6 If the contracting partner receives defective assembly instructions, we are obliged merely to the delivery of assembly instructions free of lack and they even when the lack of the assembly instructions of the proper assembly stands in the way.
7.7 The customer does not receive guarantees in the legal sense by us.
7.8 Provided that the contracting partner takes up us within the scope of a resort because of a lack asserted by the end user of the product as an enterpriser, his compelling legal rights of the precalled restrictions according to §476, §479 remain a Civil Code untouched.
8. General liability limitation
8.1 By slightly careless duty injuries our liability on in the kind of the product limits itself predictable, immediate average damage typical for contract. This also counts by slightly careless duty injuries of our legal representatives or fulfilment support. Compared with enterprise we do not stick by slightly careless injury of inessential contract duties at all.
8.2 The preceding restrictions of liability do not concern claims of the contracting partner from product liability. Further the action restrictions do not count with us for sane body damages and health defects or with loss of the life of the contracting partner.
8.3 Compensation claims of the contracting partner because of a lack come under the statute of limitations after one year from delivery of the product. It does not count if intentional or coarse fault is accuseable to us, as well as in case of body damages sane from us and health defects or with loss of the life of the customer as well as for the things which have been used according to her usual use for a building and have caused whose faultiness.
9. Copyrights
9.1 An Kostenvoranschlägen, Entwürfen, Zeichnungen und anderen Unterlagen gehalten wir uns das Eigentums- und Urheberrecht vor; sie dürfen Dritten nur im Einvernehmen mit uns zugänglich gemacht werden.
9.2 Provided that we have made objects after drawings handed over by the buyer, models, patterns or other documents, this takes over the guarantee for the fact that protective rights of third are not injured. If third prohibit in particular the production and delivery of such objects us with reference to protective rights, we are - without being obliged to the check of the legal situation - entitled, in so far as putting every other activity and asking with fault of the buyer's compensation. In addition, the buyer undertakes to release us from all claims being connected then of third immediately.
10. Place of fulfilment, legal venue and right to be applied
10.1 A place of fulfilment for our deliveries are our companies. If the customer is a businessman, a juridical person of the public right or publicly to juridical special property, is exclusive legal venue for all disputes from this contract our place of business in wild corner / Obersuhl. The same counts if the contracting partner has no general legal venue in Germany or usual stay are not known at the time of the complaint elevation. However, we remain also entitled to sue the contracting partner in his legal venue.
10.2 The right of the Federal Republic of Germany counts to all legal relations between us and the buyer under inclusion of the Hague purchase right arrangements.
11.Severability clause
Should single clauses of these terms of business h all or part not become a contract component or be contestable all or part ineffectively, trifling or or become, this does not touch the effectiveness of the remaining clauses, or the remaining parts of these clauses or the contract even. Then the concerning clause is to be substituted considering the compelling legal regulations by wieksame which is the next to the aimed economic sense and the purpose of the ineffective, trifling or contestable regulations. Same counts to a possible regulation gap.
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36208 Wildeck-Obersuhl