Conditions

Terms of Service

§1

All current and future offers and contracts are based exclusively on the following general conditions of sale. General terms and conditions of the buyer do not apply to us, even if we do not expressly contradict them. Counter-confirmations by the buyer with reference to their own terms and conditions are hereby rejected.

§2

German law applies exclusively to contractual and non-contractual legal relationships with our buyers. The application of the uniform law on the international purchase of movable property is excluded.

§3

The seller's offers are non-binding and binding. All information accompanying our offer, in particular quality information, application options and delivery dates are only approximately relevant and not part of the contract.

§4

1. All orders, especially those placed by our employees or our sales representatives, only become effective and binding when they are confirmed by us in writing. The confirmation can be given up to 2 weeks after the order has been received. Up to this point the buyer is bound to his order.
2. Our employees and commercial agents are not authorized to refrain from the requirement of a written order confirmation from us.
3. The actual delivery of the ordered goods by us and their acceptance by the buyer neither replaces the confirmation nor does this constitute a purchase contract. A written order confirmation from us is required in any case.
4. Our written order confirmation is decisive for the entire content of the contract. It also results in the conclusion of a contract if the confirmation and order do not contain all points on which an agreement should be made.

§5

1. Information on properties and suitability for use of the delivery item are generally non-binding. Samples and earlier deliveries do not count as samples or samples according to § 494 BGB
2. Information about the properties and suitability for use of the delivery item is based on generally known scientific knowledge and is accessible insofar as it is based on the raw material. We are not obliged to advise the runner.
3. Assurances of properties and guarantees are only binding if they are expressly included in the order confirmation.
4. If the agreed service requires further provisions, this is our responsibility.

§6

1. Delivery deadlines and dates are only approximate and non-binding if they are not expressly included in the order confirmation.
2. Agreed delivery periods begin with the date of the order confirmation, but not before the burial of the documents, import permits, etc. to be procured by the buyer, etc. . the delivery time will be extended appropriately.
3. In the event of non-compliance with the delivery deadlines agreed or statutory by the buyer, the buyer is entitled to withdraw from the contract. Claims for damages exist only in accordance with §10 No. 4.
4. We are entitled to make partial deliveries if this is not expressly excluded in the confirmation.
5. Third parties who are not involved in the contract, in particular our buyers' customers, are not entitled to demand the contractual services. The buyer's responsibility to receive remains even if the buyer assigns his claims from the contract to third parties. If several people appear as buyers in a contract, we can effect the entire performance with fulfillment effect against all of them at will.

§7

1. The place of delivery and performance is the headquarters of our company in Vechta. The risk is transferred to the buyer as soon as the goods are loaded. This applies regardless of whether a transport is carried out by us, by the buyer or by a third party and also if we have taken over the insurance of the goods and / or carriage paid deliveries.
2. If the dispatch or acceptance of the goods is delayed for reasons for which we are not responsible, the risk is transferred to the customer as soon as he has received notification of readiness for dispatch. Storage costs after the transfer of goods are borne by the customer.

§8th

1. Our payment claim arises with the conclusion of the contract and is due for payment on the date specified in the written order confirmation, taking into account the performance of the service act incumbent on us. Discount commitments are only valid provided that payment has been made in full on time and do not contain any deferral agreements that have changed the due date of the payment claim.
2. The agreed price is generally in euros and applies to all services incumbent on us up to the transfer of risk, excluding packaging.
3. The sales tax to be levied on the service is calculated separately and is to be paid additionally by the buyer. The buyer is responsible for paying duties, taxes and sonata levies that are not levied by the Federal Republic of Germany. We are entitled to reimbursements on the occasion of export.
4. Payments are only to be made to the accounts known to us. The credit on one of these bank charges is decisive for the timeliness of the payment.
5. We are entitled, at our own discretion, to offset incoming payments against the claims we are entitled to against the buyer at the time of payment. This also applies to payments based on the liquidator's request for performance in accordance with Section 17 KO.
6. In the event of default in payment, the buyer is obliged to pay interest in the amount of 4 % above the official discount rate, without prejudice to further claims.
7. The buyer's right to withhold payment, for whatever reason, is excluded. The buyer can only offset against our payment claim with a counterclaim if this was based on the buyer's own right and was either recognized by us in writing or legally established.

§9

1. All goods delivered by us remain our property until all claims of the seller have been settled, including the main and secondary claims that will become due in the future but before settlement. The buyer is obliged to take all measures to ensure the retention of title during the existence of the retention of title. If the buyer defaults on payment, we are entitled to take back the items that are subject to our retention of title or, after giving notice, to sell them to someone else.
2. The treatment and processing of the goods subject to our reservation of title is carried out for us as a manufacturer within the meaning of Section 950 of the German Civil Code (BGB), without obliging us. Otherwise we shall become co-owners of the new item or, in the case of mixing, of the entire item in the amount of the proportion that results from the value of the goods subject to retention of title to the value of the entire item. The newly created co-ownership share is the same as the goods subject to retention of title in the sense of these conditions.
3. The buyer is only entitled to resell reserved goods in the ordinary course of business. This does not apply in the event that bankruptcy proceedings are opened or an abortion ban is agreed. The resale must take place with the reservation that the third party only acquires ownership when he has fully fulfilled himself. Furthermore, the buyer already now assigns to us all claims including any current account balance claims from transactions with reserved goods in the amount of the value of the seller's property rights. This authorization of disposal can be revoked by us if the buyer does not properly fulfill his obligations towards us.
4. Upon our request, the buyer is obliged to inform us of the name and address of the customer and the agreements made with them.
5. If the value of the securities existing for the seller exceeds the secured claims by a total of more than 20 %, we are obliged to release securities at the buyer's request.
6. In the case of the sale of goods subject to retention of title, the buyer is authorized to initiate the assigned claims until revoked. The buyer must keep collected amounts separately and pay them to the seller immediately. If the direct debit authorization is revoked, the seller is authorized to disclose the customer in the event of assignment.
7. At our request, the buyer must provide us with information at any time about the whereabouts of the goods subject to retention of title and about the claims arising from the sale or further processing and notify us immediately of any attachments or other impairments of the goods subject to retention of title or the assigned claims.

§10

1. Any defects in the goods, including the lack of warranted properties or excess or short deliveries, must be reported to us immediately in writing. The commercial agent, forwarding agent, etc. is not authorized to receive complaints. The goods are considered approved if we have not received a complaint in writing 6 days after receiving the goods or in the case of a defect that was not recognizable upon careful examination immediately, in written 6 days after the man was discovered.
2. In the event of justified complaints, we have the right to deliver replacements. If the fulfillment of this warranty obligation is not possible or not carried out by us within a reasonable time, or if the replacement delivery again shows defects, the buyer is entitled, after setting a reasonable deadline and threat of rejection, to withdraw from the contract within 4 weeks after the deadline set by him . There are no further warranty obligations. In particular, we are not obliged, through no fault of our own, to reimburse the costs incurred in connection with the conclusion, processing or dissolution of the contract or in connection with the removal of defects.
3. Insofar as there are no expressly guaranteed properties, we are only liable for the typical and foreseeable performance interest that was foreseeable when the contract was concluded. The buyer is obliged to inform us in writing of special risks when concluding the contract.

§11

1. If the performance incumbent on us becomes impossible or if we are in default with the fulfillment of our obligations or if we are responsible for the improper fulfillment of our obligations under this contract, the buyer is entitled to withdraw from the contract in compliance with the relevant legal provisions.
2. Within the scope of this contract and non-contractual, we are only liable to the buyer for intentional or grossly negligent negligence on the part of our organs or executive employees. In addition, we are only obliged to compensate for the damage typically occurring and foreseeable at the time the contract is concluded, if our organs or vicarious agents culpably breach essential contractual obligations. There are no further claims for damages.
3. The buyer is obliged to inform us in writing of special risks.

§12

Place of fulfillment and jurisdiction are Vechta.

§13

Should provisions of these general terms and conditions of sale be or become ineffective, the rest of the conditions shall remain in effect. In the event of the ineffectiveness of a clause, it is to be replaced with effect for the concluded contract by a clause that comes closest to the economic content and the meaning and purpose of the ineffective provision. this applies accordingly to contradicting terms and conditions.

Status: 02/2017