Business Terms
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| Business terms § 1 Jurisdiction (1)Our offers, deliveries and other performances are being carried out only on the basis of the following business terms. Divergent conditions of a customer have no validity (2)Contrary or differing business conditions of a customer will not be accepted unless we have expressed our consent in written form This also applies if we in knowledge of contrary or differing business conditions of the customer still execute the delivery unconditionally. (3)Our business conditions apply to all future business with the customer without being respectively obliged each time to point to this circumstance seperately. § 2 Completion of a contract The order is a binding offer. We may accept this offer to our choice within 2 weeks by sending an order confirmation or by sending the products within this timespan.. § 3 Prices (1)Provided that there aren't any changes, the prices on our homepage are applicable at the time that we have received the order. In case we are delivering our products later than the sixth week after completing the contract as stipulated in that contract the prices on the day of delivery are authoritive. (2)Each delivery may only be carried out after we have received cash in advance. Our prices don't include seperate costs like packaging or transportation. Our prices include insurance (Germany). (3)We are reserving the right for contracts with an agreed delivery time of more than four month to raise the prices according to cost increasing or wage increasing or matierial cost increasing. Is the raise higher than 5% of the originally agreed price, the customer may use his right to cancel the contract.. (4)The customer may only use his right to compensate when the counter claims are undisputed and final stated and are accepted by us. (5)Our enquiries are to be paid right away without any discount. Customs and taxes that are due for us are to be refunded immediately. § 4 Delivery time (1)In case of delay of our delivery, our duty to compensate is in case of slight neglicance restricted to the amount of 30 % of the foreseeable harming. Extended duty to compensate will ony be accepted in case of gross neglicence. (2)The adhering of our obligation to deliver presuposes the punctual and proper fulfillment of the customers obligation. § 5 Transportation, risk transition (1)The risk of coincidental deterioration and the coincidental loss of the merchandise is passed over to the customer.. As soon as the merchandise has been handed over, at the least when the product leaves our business- or storerooms and even then when we deliver personally, in case of partial delivery or if we have agreed for further services, in case of delay of the delivery for reasons that we don't have to represent or for reasons of the behavior of the customer, the risk is passed over to the customer at the time where he has been informed that his merchandise is ready to be transported. |
(2)We have the right to a transportation insurance within the customary span, but we are not obliged to it if we don't receive any instructions concerning this matter by the customer which must be with us in writing puncutal before the delivery. (3)If the customer has not instructed contrary we will decide the means of transportation, route of transport and transportation insurance. without being responsible for chosing the fastest and cheapest method. (4)Damaging or loss of the merchandise at transportation must be reported immediately and a factual statement must be arranged with the transporter. §6 Reprimand periods, complaints, guarantee (1)The customer must check the delivered merchandise right after receiving it before going into the process of mountiing it. Complaints due to incomplete or false delivery or reprimands for obvious defects are to be reported to us in writing within 2 weeks after delivery. (2)In commercial business are other defects within 8 days after receiving the merchandise to be reported to us in writing. The guarantees presupose that the customer has by act of law met the necessary obligation to investigate and reprimand. (3)Violating the foregoing obligations to announce the defects and the based on guarantee, claims will be impossible. (4)Are we in knowledge of an acceptable defect we are to choose how to compensate this defect by either elimination of the defect or sending a substitute. In case of eliminating the defect we are obliged to carry all necessary charges, especially transportation, work- and material costs., as far as these don't become higher due to the fact that the merchandise had to be carried to a different place than to the place of fulfillment. (5)In case the elimination of the defect is failing or we are not prepared or being able to eliminate the defect or send a substitute, or does this cause a delay passed an adequate period of time for reasons that we have to carry, the customer has the right to withdraw the contract or request a reduction of the selling price. § 7 Liability demarcation (1)Claims of compensation - no matter what the legal reasons are, for defects of our delivery and or services including following damages to defects for failed rework or substitute delivery or for violating any other contractual or pre-contractual obligations - are impossible. This also applies for the liability for extra-contractual claims especially forbidden action. (2)Foregoing liability reduction does not apply to deliberate damage reasons or gross neglicance. It also doesn't apply in case the customer claims the lack of an assured qualitiy. The liability exclusion also is dropped in case we are charged to culpable violation of essential contractual duties (main duties) (3)In any case is the liability restricted to substituting such damages that were at the conclusion of the agreement for recognizable circumstances to us for possible consequenze of violation of the agreement to be foreseen. (typical agreement damages). The substitution of seized profit is impossible. (4)All liability restriction are applying in the same amount for our fullfillment- or performance assistents. |
(5)This excludes the liabiltiy for product damages according to product liability law. § 8 Abuse Copying of our products, reports or material certificates etc. without our written permission will be prosecuted by law. § 9 Property reservation (1)We are reserving the property of the merchandise until it is paid in full as in the contract. In case of action contrary to the agreement by the customer we are justifiable to withdraw the merchandise. In the withdrawal like in the distraint of the reserved matter contains a resignation from the agreement. (2)The merchandise on which we have reserved our right or which we are co-owning may be sold by the customer. (Reserved merchendise) within a proper business, except he or she is in delay with the payment or has stopped payment. He or she may not pawn the reserved property or assign it for security reasons to another party. If the customer sells the reserved property he automatically hands over all arising rights out of this business against his buyer including all accompanying rights. We can demand that the customer informs the buyer about the transfer and that he hands over all information and documents to us that are necessary for procession. (3)At distraint or other intrusion by a third party the customer must inform us immediately. (4)Processing or re-building of the merchandise by the customer is always carried out for us. Is the merchandise processed with other products that are not our property we are automatically co-owning the processed objects throughout the time of processing. (5)Is the merchandise mixed with other not to our property belonging objects, we purchase the right to co-own the new object in relation to the value of the merchandise, to the other mixed object of the time of the mixing. Is the object of the customer declared to be the main object, the customer has pro rata handed over co-ownership. (6)We are obliged to open the entitled securities at customers desire as far as the value of our securities exceeds the secured demands by 20%. § 9 Place of fullfillment, place of jurisdiction applicable justice. t (1)Place of fullfillment is our place of business (2)Ithe customer is merchant or a legal entity of public law, the place of jurisdiction is to our choice either Eislingen or according to legal settlements the for the customer responsible court of law. This applies also if the customer at the time of completion of the contract had no generell place of jurisdiction within Germany or abroad or after completion of the contract has moved to a foreign country or his usual place of residence at the time of complaint is unknown. The contractual relationship is subject to german law excluding the UN Agreing. (CISG). Eislingen, December 1st, 2000 |
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