Conditions
TERMS OF SERVICE
I. Conclusion of a contract and transfer of rights and obligations of the buyer
  1. The purchase contract is concluded when the seller confirms acceptance of the order for the specified object of purchase within the respective periods in writing on the order or in a separate letter or when the delivery is carried out. However, the seller is obliged to notify the customer in writing immediately if he does not accept the order.
  2. All contractual agreements must be made in writing. Oral side agreements are ineffective.
  3. Transfers of rights and obligations of the buyer from the sales contract require the written consent of the seller.
II. Payment
  1. The purchase price and prices for ancillary services are due for payment upon delivery of the purchase item.
  2. The buyer can only offset against claims of the seller if the counterclaim of the buyer is undisputed or there is a legally binding title; He can only assert a right of retention if it refers to claims from the purchase contract.
III. Delivery and delay in delivery
  1. Delivery dates and deadlines, which can be agreed as binding or non-binding, must be specified in writing. Delivery times begin with the conclusion of the contract.
  2. The buyer can request the seller to deliver six weeks after a non-binding delivery date or a non-binding delivery period has been exceeded. Upon receipt of the request, the seller is in default. If the deadline has expired without success, the buyer is entitled to withdraw from the purchase contract by means of a written declaration. Compensation for late delivery is excluded.
  3. If a binding delivery date or a binding delivery period is exceeded, the seller is already in default when the delivery date or the delivery period is exceeded. The buyer's rights are then determined in accordance with the preceding paragraph.
  4. Force majeure or operational disruptions occurring at the seller or his supplier that temporarily prevent the seller from delivering the object of purchase on the agreed date or within the agreed first, through no fault of his own, change the dates and deadlines specified in numbers 1 to 3 of this section by the duration the performance disruptions caused by these circumstances.
  5. If such disruptions lead to a delay in performance of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected
  6. If the seller is not supplied by his suppliers for whom the seller is not responsible, both parties have the right to withdraw from the contract. In this case, it is up to the seller to prove his hedging transaction.
  7. The manufacturer reserves the right to make changes in construction or shape, deviations in color, and changes to the scope of delivery during the delivery time, provided that the changes or deviations are reasonable for the buyer, taking into account the interests of the seller.
  8. If the seller or the manufacturer uses symbols or numbers to designate the order or the purchased item, no rights can be derived from this alone.
IV. Acceptance
  1. The buyer is obliged to accept the purchase item within 14 days of receipt of the notification of readiness. In the event of non-acceptance, the buyer can make use of his statutory rights.
  2. If the seller demands compensation, this amounts to 15% of the purchase price. The compensation is to be set higher or lower if the buyer proves a higher or the buyer a lower damage.
V. Retention of title
  1. The object of purchase remains the property of the seller until the claims due to the seller on the basis of the purchase contract have been settled.
  2. If the buyer defaults in payment, the seller can withdraw from the purchase contract. If the seller is also entitled to compensation in lieu of performance and if he takes back the object of purchase, the seller and buyer agree that the seller will pay the normal sales value of the object of purchase at the time of taking it back. At the request of the buyer, who can only be expressed immediately after taking back the object of purchase, a publicly appointed and sworn expert will determine the normal sales value at the buyer's option. The seller bears all costs of taking back and recycling the object of purchase. The utilization costs amount to 5% of the normal sales value without proof. They are to be set lower or higher if the seller can prove higher or the buyer lower costs.
  3. As long as the retention of title exists, the buyer may neither dispose of the object of purchase nor contractually grant third parties use.
Vl. Material defects

The statutory provisions on material defects apply. A further guarantee from the manufacturer or importer is to be asserted against them or within the framework of their guarantee promise. If the manufacturer or importer has a guarantee, this must be asserted with priority.

VII. Place of jurisdiction

If the contracting parties are merchants, the seat of the seller is agreed as the place of jurisdiction for all claims from the business relationship.

VIII .. Severability Clause

Should a clause of these terms and conditions be ineffective, the remaining clauses remain unaffected.

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