GENERAL DELIVERY – AND PAYMENT
for use in transactions between businesses
It only these general delivery and payment conditions. Terms and conditions of the customer are hereby rejected; they apply only to cases where the seller has agreed to them in writing.
Delivery is as specified in the offer confirmation from the Seller, wherein the textures contained therein specify the properties of the delivery item comprehensive and exhaustive. In particular seller’s public statements, the manufacturer whose subsidiaries or third parties (eg representations of product characteristics in public) do not contain these specifications additional or changing descriptions of the delivery item. Result of technical developments and changes in production processes become necessary design changes to the Seller are reserved. The diameters – information for cables subject to production-related fluctuations.
Partial deliveries are expressly recognized as lawful. Excess or short deliveries of 15% left to the seller. The supply of special cables are in production-related manufacturing lengths with partial deliveries are also expressly recognized as lawful.
The seller does not assume any risk (self-supply reservation). He is entitled to cancel the contract, as far as he in turn does not receive the delivery item despite the prior conclusion of a corresponding purchase contract; the seller’s responsibility for intent and negligence remains unaffected. The seller will inform the buyer immediately of the delayed availability of the delivery item and, if he wishes to withdraw, exercise the right of withdrawal immediately; the seller will reimburse the buyer the corresponding consideration immediately in case of withdrawal.
The dates and deadlines stated by the seller are not binding unless expressly agreed in writing. This is especially true if the seller agreed no fixed delivery dates, but only confirmed to him to deliver the earliest possible time (soon, soon, or the like). In such cases, the seller by the buyer, unless otherwise expressly agreed in writing, conceded a delivery period of at least 6 weeks, if it was not responsible for a delay. The buyer may be two weeks after exceeding the non-binding delivery written request the seller to deliver within a reasonable period; upon receipt of the request, the seller is in default.
Delivery and service delays
If non-compliance due to force majeure, eg mobilization, war rebellion or similar, can not be held by the seller events, eg strike or lockout, such time shall be extended to the times during which the predesignated event continue or its effects – this also applies if they occur with the supplier or subcontractor of the seller.
The seller is liable for delay of performance in cases of intent or the seller or a representative or employee gross negligence as well as a culpably caused damage to life, limb or health in accordance with statutory provisions.
In other cases, the delay the seller’s liability for damages in addition to power to a total of 4%, and for the compensation instead of power (including the replacement of wasted expenditure) is limited to a total of 8% of the value of the delivery. Seller’s other claims are – time set to power even after expiry of the seller – are excluded, unless the delay is based on gross negligence. The seller is entitled to partial deliveries at any time.
If the buyer is in default of acceptance and leads this to a delay in delivery, the seller may lump sum for each month (if necessary pro rata), a storage fee of € 50.00, but limited in total to the value of the delivery charge.
Transfer of Risk
The risk is transferred to the buyer once the shipment has been handed over to the person performing the transport or has left the Seller’s warehouse for shipment. If the shipment through no fault of the seller becomes impossible, the danger with the notification of readiness for shipment to the buyer.
The buyer shall pay the costs of shipping from the place of business of the seller, unless they exceed a reasonable proportion to the value of the delivered goods
Retention of title
The delivered goods until full settlement of all due to him towards the buyer from the business relationship property of the seller.
The buyer is permitted to process the delivery item or mix with other items or to join. The processing, mixing or compound (hereinafter collectively referred to “processed”, “processing” respectively) is carried out for the seller; the resulting from a processing object is referred to as “virgin”. The buyer keeps the new product for the seller with the diligence of a prudent businessman.
In case of processing with other objects not belonging to the Seller Seller the joint ownership of the new product in the amount of the portion is at, which results from the ratio of the value of the processed delivery item to the value of the processed goods at the time of processing. If the buyer acquires sole ownership of the new product, the seller and buyer agree that the buyer gives the seller co-ownership of the new goods in proportion to the value of the processed delivery item to the other processed goods at the time of processing.
In the event of the sale of the delivery item or the new goods the buyer hereby assigns his claim from the resale against the customer with all ancillary rights to the Contractor from, without the need for any further declarations. The assignment is including any balance claims. However, the assignment shall only apply to the amount of the fare charged by the seller in the account of the delivery item. The assigned the seller share of the claim is primarily to satisfy.
the buyer connects the delivery item or processed goods with real estate or movable property, it shall, without the need for further declarations, his Forderunng it deserves as compensation for the connection, with all ancillary rights in the amount of the ratio of the value of delivery item or the new goods to the other combined goods at the time of connection to the vendor.
Until further notice, the buyer is entitled to collect the assigned in this retention of title claims. The buyer will forward made on the assigned claims payments up to the amount of the secured claim immediately to the seller. If there is an important reason, especially default of payment, suspension of payment, insolvency proceedings or justified evidence of excessive indebtedness or impending insolvency of the buyer, the seller has the right to revoke the authority of the purchaser. In addition, the seller can place within a reasonable period, the security assignment open, utilize the assigned claims and demand the disclosure of the assignment by the client to the customer, after prior warning.
In a justified interest the Buyer shall provide the seller with the information required to assert its rights against the customer and hand over the necessary documents.
During the retention of title the buyer a pledge or collateral assignment is prohibited. Resale is only for resellers in the ordinary course of business and only on condition allows that the payment of the equivalent value of the delivery item is made to the seller. The buyer also has to be agreed with the customer that only with this payment the purchaser acquires ownership. In case of attachment, seizure or other act of intervention by third parties, the buyer must notify the seller immediately.
If the realizable value of all security rights granted to the buyer, the amount of all secured claims exceed by more than ten percent, the seller will release on request of the buyer a corresponding part of the security. The seller is entitled to choose in releasing security interest.
In breach of duty of the buyer, especially for late payment, the seller is also entitled, without setting a deadline, to demand the return of the delivery item or the new goods and / or from the contract to withdraw; the buyer is obliged to surrender. The request to surrender the delivery item or the new goods is no cancellation of the seller, unless this is explicitly stated.
Payment of the invoices of the Seller and the eventual granting of discount is as described in the Offer Confirmation disclosed if not specified is done, the purchase price was paid in full upon delivery is due. The buyer does not need further explanation of the seller seven days after delivery in default if he is not paid. If the buyer defaults, the seller is entitled to charge from the relevant date from annual interest at the rate of eight percentage points above the base rate.
A contract may subject the seller of the advance payments. Failure to do so can be made a settlement of the part of the goods supplied and required then at non-payment advance from further delivery only for partial deliveries. Legal consequences of default are not affected by these regulations.
The seller is also entitled notwithstanding any provisions of the purchaser, to offset payments on previous debts. If costs and interest accrued, he is entitled to offset the payment first to the costs, then the interest, and finally against the main service. A payment shall be considered made when the seller can dispose of the amount, so if in the case of transfers or check payments, the final value position in favor of the seller is made. The buyer is entitled to offset, retention or reduction, even if complaints or counterclaims are asserted only entitled determined if the counterclaims legally strengthens or are undisputed.
The Seller warrants that the products are free from manufacturing and material defects. The warranty period is 12 months. The warranty period begins on the date of delivery.
If operating and maintenance instructions are not followed, vogenommen changes to the products, parts are replaced or consumables used which do not meet the original specifications, any warranty is void.
The buyer is obliged to report obvious defects in writing within seven days of receipt of goods to the seller; To meet the deadline, the sending of the notification within the time limit is sufficient. Defects that can not be detected by a thorough examination within this period shall be notified to the Seller in writing immediately after discovery.
The shortcomings are as detailed as possible to the buyer to describe; the offer number is to be described.
The buyer shows a lack of which is not made in accordance with the verification of the seller, and had the buyer when viewing note of the non-existence of the defect or he was due to negligence wrong about this, then the buyer is liable for damage incurred by the seller. The buyer is entitled to prove that the defect is displayed yet. As part of the foregoing, the seller is entitled in particular, the expenses incurred by the seller, such as for the investigation of the case or requested by the customer service, reimbursed by the purchaser to demand.
Case of justified complaints the seller has the right to three attempts at repair, but it can also make spare alternatively, at its option. A compensation takes the place of one of the attempts to remedy such that replacement will be made, for example, after two unsuccessful attempts to rectify or reworked for an immediate compensation twice. As part of the authorization of the complaint the warranty is with regard to necessary expenses, such as freight costs, cost to the purchaser. This does not apply if place at the express request of the buyer a visit, meeting, study or similar at the seat of the buyer. These costs are to be reimbursed by the purchaser even with authorization of the complaint. If the seller of a defect the buyer out returned at the request of the seller, the goods obtained, the seller accepts the product exclusively for consideration of the complaint. This acceptance of the goods for inspection of defects is not an acknowledgment of the complaint is to be seen. The buyer sends the seller goods shall be returned and raises the complaint as unfounded out the goods need not be resubmitted it. It is then at the risk of the buyer to the seller. Hitting the repair attempts fail after a reasonable period, the buyer can demand either withdrawal or reduction. The buyer sends the seller goods shall be returned and raises the complaint as unfounded out the goods need not be resubmitted it. It is then at the risk of the buyer to the seller. Hitting the repair attempts fail after a reasonable period, the buyer can demand either withdrawal or reduction. The buyer sends the seller goods shall be returned and raises the complaint as unfounded out the goods need not be resubmitted it. It is then at the risk of the buyer to the seller. Hitting the repair attempts fail after a reasonable period, the buyer can demand either withdrawal or reduction.
A liability for normal wear and tear.
Warranty claims are entitled only to the buyer and are not transferable.
Any further warranty claims are expressly excluded with the exception of compensation claims resulting from property assurances, which are intended to protect the buyer against the risk of consequential damages. However, this requires the written assurance of properties.
The seller has defects of delivery, he Weche concerns from third parties and forwards unchanged to the purchaser, not responsible; the responsibility for intent or gross negligence is not affected. A change of the burden to the detriment of the buyer is not connected to the above provisions.
A guarantee for the suitability of the products of the supplier for the intended use by the buyer can not be accepted. Application proposals are given in good faith. However, they are not binding and do not release the buyer from his own examinations. In no case a liability for damages or disadvantages can be derived from them.
for damages due to delay, impossibility of performance, positive breach, negligence in contracting and tort are – if legally permissible – excluded unless the damage was not caused by willful or gross negligence of the seller. This limitation of liability applies to the same extent for the vicarious agents of the seller.
Choice of law / place of performance and jurisdiction
German law applies without the rules of conflict of laws principles and excluding the UN for the legal relations of parties – Sale of Goods.
Performance and jurisdiction for both parties is Stuttgart / Germany.
Verbal agreements are not met at the time the contract is concluded. For subsequent agreements made in writing is required.
Even with legal unenforceability of individual contractual points of these general delivery and payment the other contracting parties remain legally binding.