Terms and conditions of Erbach Kunststoff- und Schweißtechnik GmbH

§ 1 Application of the Conditions
The deliveries, services and offers of the entrepreneur are made exclusively on the basis of these terms and conditions. Counter-confirmations by the customer with reference to his business or purchasing conditions are hereby contradicted.
§ 2 Offers and conclusion of contract
1. Offers included in brochures, advertisements, etc. are -and also in respect of the prices -relevant and non-binding. For specially developed offers the entrepreneur holds 10 calendar days from the date of the offer.
2. Collateral agreements, amendments, additions and / or other deviations from these Terms and Conditions shall only be valid if the Contractor has given his consent in this respect. Such agreements shall be made in writing.
3. Information in offers and / or order confirmations of the entrepreneur, which are based on a manifest error, in particular a typing or arithmetic error, not obliging entrepreneur. Rather, the explanation is obviously intended.
4. The contractor's tender documents, drawings, descriptions, samples and cost estimates may not be disclosed, published, reproduced or otherwise made accessible to third parties without his approval. Upon request, the documents shall be returned without retaining copies.
§ 3 Prices, price changes
1. The prices do not include statutory value-added tax, which must be shown separately.
2. The prices are without the costs for packaging and freight.
3. If more than six months are between the contract conclusion and the agreed and / or actual delivery date, the prices of the entrepreneur valid at the time of delivery or delivery shall apply. In the case of price increases by its pre-suppliers, increases in wages and transport costs or other unexpected increases in costs, the entrepreneur is entitled to demand negotiations on a new price adjustment.
§ 4 Delivery time
1. Delivery periods are subject to correct and timely self-deliveries, unless a binding delivery period has been given in writing.
2. If the delivery or performance is delayed due to a circumstance which is attributable to the entrepreneur, his legal representatives or vicarious agents, liability shall be assumed in accordance with the statutory provisions. In the event of slight negligence, the liability is limited to foreseeable contractual damage. This principle applies in particular in case of force majeure, strike, lock-out, official orders, etc., even if these obstacles occur with suppliers of the entrepreneur or their subcontractors. The duration of an additional period of grace to be set by the purchaser in the event of a delay in performance according to statutory provisions shall be fixed at two weeks beginning with the receipt of the suspension period by the contractor.
§ 5 Shipment and Transfer of Risk
1. The risk shall pass to the customer as soon as the consignment has been delivered to the person performing the transport or has left the contractor's premises for dispatch. If the dispatch is delayed or not executed at the request of the customer, the risk passes to him with the notification of readiness for dispatch.
2. At the request of the customer, deliveries are insured in his name and on his invoice.
§ 6 Deficiency claims
1. If the service provided by the contractor or the delivery item is deficient, the entrepreneur may, at his own option, deliver replacement or eliminate the defect. Multiple repairs - as a rule two - are permitted within a reasonable period.
2. The right of the Purchaser to assert claims for defects shall be statute-barred in all cases from the time of the transfer of risk in 12 months, unless a longer period is stipulated by law. If the purchaser is an entrepreneur in the sense of § 14 BGB (German Civil Code), the supplementary clauses 3 and 4 apply.
3. Obvious deficiencies in work performance can no longer be claimed after acceptance. Otherwise, in order to maintain claims for defects by the customer, such defects must be communicated to the contractor in writing without delay, but at the latest within two weeks after delivery. The deficient items shall be kept ready for inspection by the contractor in the condition in which they are at the time of the discovery of the defect.
4. Insignificant, reasonable deviations in the dimensions and designs - especially in the case of repeat orders - do not entitle the customer to complaints, unless the absolute adherence has been expressly agreed. Technical improvements as well as necessary technical modifications are also considered to be contractual as long as they do not impair the usability.
5. If the customer's operating or maintenance instructions are not followed, changes are made to the products, parts are replaced, or consumables are used which do not correspond to the original specifications, no warranty is void if the purchaser makes a correspondingly substantiated claim that one of these circumstances has caused the defect , Is not disproved.
6. Liability for normal wear and tear is excluded.
7. If the supplementary performance fails within a reasonable period, the customer may, at his discretion, demand a reduction in the price or a cancellation of the contract.
8. The above provisions of this section do not apply to the sale of already used items. In the case of consumers, this shall be subject to a period of one year for the enforcement of deficiencies. Entrepreneurs are supplied used items to the exclusion of any claims for defects.
9. If the entrepreneur is available to the customer beyond his statutory obligations to provide information regarding the use of his product, he shall only be liable in accordance with § 7 if a special fee has been agreed for this purpose.
§ 7 Limitation of Liability
Claims for damages arising from positive breach of contract, from negligence on conclusion of contract and from unauthorized acts, which are not simultaneously caused by a breach of a contractual obligation on the part of the contractor, shall be excluded both against the entrepreneur and against his vicarious agents or vicarious agents, insofar as the damage is not deliberate or Grossly negligent. This shall not apply to claims for damages resulting from the absence of the contractual prerequisites which are to protect the purchaser against the risk of defect consequences. Claims for damages under the Act on the Liability for Faulty Products (PrdHG) shall remain unaffected as well as liability for damage to life, body or health.
§ 8 Reservation of title
1. Until the fulfillment of all claims which the entrepreneur is entitled to against the purchaser for any legal reason, the entrepreneur reserves the ownership of the delivered goods (reserved items).
2. The Purchaser is obliged to notify the Contractor immediately in writing of any attachments to the reserved items and to inform the Pfandbrief of the retention of title. The purchaser is not entitled to sell, give away, pledge or pledge the goods delivered to him under retention of title, except in the case of the following paragraphs.
3. If the delivery is carried out for a business operated by the customer, the goods may be resold in the course of a proper management. In this case, the customer's claims against the customer from the sale are already assigned to the contractor. In the case of the resale of the objects on credit, the purchaser shall reserve the property for the customer against his buyer. The purchaser hereby assigns the rights and claims arising from this reservation of title to the customer.
4. Any processing or processing of the reserved items by the customer shall be free of charge for the entrepreneur. In the case of processing, linking, mixing or blending of the reserved goods with other goods not belonging to the entrepreneur, the entrepreneur shall be liable to the resulting co-ownership share in the new item in proportion to the factor value of the reserved items to the other processed product at the time of processing, compounding, mixing or mixing Blending too. If the purchaser acquires the sole proprietorship of a new item, the contracting parties agree that the customer grants the entrepreneur co-ownership of the new item in the ratio of the factor value of the processed or connected, mixed or blended reserved items and that this is free of charge for the supplier Protected. If the goods subject to retention of title are sold together with other goods, whether without or after processing, compounding, mixing or blending, the advance payment agreed in point 3 above shall only apply in the amount of the value of the reserved items together with the others Goods were sold.
5. If reserved items are installed by the purchaser or on his behalf as essential components in the property of a third party, then the purchaser is already now acting against the third party or the person who is concerned about any claims for remuneration with all ancillary rights including the granting of a To the entrepreneur.
6. If reserved items are incorporated as essential components in the purchaser's premises, the purchaser assigns the claims resulting from the sale of the property or land rights with all subsidiary rights to the entrepreneur.
7. If the value of the collateral for the entrepreneur under the above provisions exceeds the value of the entrepreneur's claims by a total of more than 20%, the entrepreneur shall, at the request of the purchaser, release collateral of his choice
8. In case of breach of contract by the customer, in particular in the event of a delay in payment, the seller is entitled to take back the delivered goods after a reminder and a declaration of withdrawal and the customer is obliged to surrender the goods. If the customer has fulfilled the contract, the entrepreneur has to return the items.
§ 9 Payment
1. Unless otherwise agreed, the invoices of the entrepreneur shall be payable without deduction after invoicing. For deliveries with a total value of less than € 500.00, the contractor will deliver cash on delivery plus freight and packaging
2. The entrepreneur expressly reserves the right to refuse checks or bills of exchange. Acceptance always takes place only on account of performance. Discount and exchange charges shall be borne by the Purchaser and shall be payable immediately.
3. If the entrepreneur becomes aware of circumstances which call into question the creditworthiness of the purchaser, which in particular does not settle a check or terminate his payments, the entrepreneur is entitled to pay the entire residual debt, even if he has accepted checks. In this case, the entrepreneur is also entitled to demand advance payments or security payments.
4. If the Purchaser definitively terminates his payments and / or if insolvency proceedings are applied for his assets, the entrepreneur is also entitled to withdraw from the part of the contract which has not yet been fulfilled.
5. The contractor is entitled, despite the other provisions of the customer, to make payments initially to his older debts. The contractor will inform the customer of this type of settlement. If costs and interest have already been incurred, the entrepreneur is entitled to charge the payment first on the costs, then on the interest and lastly on the main performance.
6. If the customer is in default of payment, the entrepreneur shall be entitled to charge the respective statutory default interest. The assertion of a further delay of delay of the entrepreneur is reserved. In the cases described above, the customer remains unaffected to prove a lesser loss, which is then decisive.
7. Offsetting by the purchaser is excluded, as long as they are not legally established or not challenged by the contractor.
§ 10 Applicable Law, Jurisdiction, Non-Partiality
1. The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relations between the entrepreneur and the customer, with the exception of the UN purchase law.
2. If the purchaser is a merchant within the meaning of the Handelsgesetzbuch, a legal person of public law or a public special fund, the place of business of the entrepreneur is exclusive jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
3. Should a provision in these terms and conditions be or become invalid, the validity of all other provisions and agreements between the customer and the customer shall remain unaffected.