Delivery and payment conditions
I. Offer and contract conclusion
1. Complements, alterations or secondary agreements need the hard-copy confirmation through us for their effectiveness.
2. Our Offers are free remaining.
3. The order signed by the orderer is a lacing offer. We are entitled, to accept this offer within two weeks through the sending of a confirmation of order or the commanded product.
II. Extent of the service cockpit 1
. For the extent of the service the confirmation hard-copy is decisive Drawings, illustrations as well as similar documents that appertain to the offers are only approximating and not obligatory, as far as they were not designated as obligaory. Standard deviations, to remain in particular with regard to measure, structure, colour and weight, emphasis reserve.
III. Price and terms of payment
1. The prices are valid from delivery rollers or warehouse, excluding wrapping. This is computed to prime costs. We reserve the right, to increase in particular due to collective agreements or material price increase, with contracts with an agreed upon delivery time of more than 4 months the prices according to the kicked in cost increases. If the increase is more than 5 % of the agreed upon price, so the customer has the right to give notice stands.
2. Our bills are due within 10 days from date of invoice without discount for the payment.
3. Does the orderer comes into default, so we are authorized, to require, delay interests in height of 4 % about the respective minimum lending rate of the German Federal Reserve p.a.
4. Payments are to be achieved immediately at us. They are charged in each case onto the oldest debt. We are allowed to arise the depts against the purchaser to third persons.
5. Checks and bill of exchange are in addition accepted, bill of exchange only according to special declaration. Discount and bank expenses go at the expense of the exhibitor.
6. Payments are regarded as being caused first, with unconditional credit on one of our accounts.
IV. Delivery time
1. Approximate information about delivery time named in offers and in confirmations of order are not obligatory with that, it is then, that they were designated as obligatory delivery periods by us explicitly and in writing.
2. If we take into delay, a liability for damages proofs for our part the deliberate or coarsely negligent contract injury.
3. If the orderer puts us after we already took into delay, an adequate extension with refusal threat, so he is authorized after a fruitless course of this extension, to resign of the contract.
V. Transfer of risk
1. The Delivery occurs from delivery rollers or from warehouse on bill and danger of the orderer. With the leaving our warehouse or the manufacturer factory the danger passes on the principal.
2. The forwarding occurs in standard wrapping that we compute for our prime costs.
VI. Reserved ownership
1. The supplied product passes first with entry of all demands from our business detail with the orderer in his estate. Before estate is crossing, the product may not pawned or loaned or transfer a title at third parties.
2. At warrant of attachment through third parties against our reservation products or protection demands the orderer has to give us to information immediately and put in right through the full lamination official. The orderer exempts us from all entitled intervention costs even if a fault does not affect him.
3. In case of resale of the products through the orderer he negotiate his demands against his customers, at us.
4. With contract-adverse behavior of the orderer, in particular with payment default, we are authorized to take back the reservation product. In the resumption of the purchase through us there is no retirement of the contract to the opposite of full businessmen, unless, we would have explained this explicitly in writing. In the seizure of the purchase through us is always a retirement of the contract to those which are not full businessmen. We are authorized after the reservation of product to their utilization, the utilization net profit is to be charged onto the civility of the orderer – minus adequate utilization costs –.
1. The orderer has to reprimand obvious defects in writing within 14 days after entry of the product at the destination. Otherwise this customer‘s complaint is impossible. Hidden complaints are to be reprimanded immediately after the determination opposite to us in writing. Over the legal limitation period out we not load any liability. The legal obligations in the financial business traffic according to § 377, 378 HGB remain unchanged from that.
2. As far as there is a defect represented by us of the product, we are entitled to the defect elimination or to the substitute delivery after our choice. In the case of expenditures, necessary on one of the lack elimination, as far as those do not increase themselves through the purchase, being transferred to another place as the place of performance.
3. If we are inoperable to the defect elimination/substitute delivery or not able, in particular this is delayed out an adequate period of time from reasons that we have to represent, or the defect elimination/substitute delivery fails in other manner, the orderer is authorized after his choice for the rescission of the contract or to the reduction of the price.
4. As far as there are no other results in the following going on claims of the orderer they are excluded for legal principles. Therefore we do not guarantee for damages which did not arise at the supplying-subject itself; in particular we do not guarantee for escaped profit or other capability damages of the orderer. Exist discharged from liability is not valid as far as the cause of damage is based on intention or coarse negligence. It is not valid further then, when the orderer because of non-fulfilment makes valid in accordance with § 463, 480 Abs. 2 BGB
5. Provided That we hurt a contract-essential duty negligently, our liability is limited on the foreseeable damage.
6. The warranty time period is 6 months, calculated from danger crossing. The period of time is a limitation period and is valid also for claims to substitute consequential damages, so far there are no claims from illicit action are made valid.
7. As far as our impossible our liability or limited is limited, this is also valid for the personal liability of our employees, representatives and position assistants.
1. Place of performance is for payments and venue if the principal is full businessman or a legal person of the public right, for both parts and for all current and future claims from the business detail Reutlingen. We are however entitled, to sue the orderer also at his residence court.
2. Should one or the validity of the remaining definitions, as well as the contract as a whole, remains consist not to be effective several definitions of the business conditi- ons. Instead of an ineffective stipulation the legal arrangement affects.