Section 1 General provisions – Scope of applicability
1. These General Terms and Conditions apply to all current and future business relationships.
2. Consumers as defined by these Terms and Conditions are natural persons with whom a business relationship is entered into, yet to whom no commercial or self-employed profession can be ascribed.
Entrepreneurs as defined by these Terms and Conditions are natural or legal partnerships, legal persons under public law or special funds under public law pursuant to Section 310 I of the German Civil Code (Bürgerliches Gesetzbuch [BGB]) with whom a business relationship is entered into and who act in pursuit of a commercial or self-employed occupation.
In the context of these Terms and Conditions, the term “customer” refers to both consumers and entrepreneurs.
3. Deviating, contradictory or supplementary general terms and conditions shall not form part of this contract, even where knowledge of such exists, unless the validity of the same is expressly agreed in writing.
Section 2 Conclusion of the contract
1. Our offers are subject to change. We reserve the right to make technical changes as well as changes to shape, colour and/or weight within the scope of what is reasonable.
2. We are bound to our offer for 21 calendar days as from today.
Section 3 Rights of retention
The customer is only entitled to exercise a right of retention if its claim is based on the same contractual relationship.
Section 4 Delivery time
1. If the entrepreneur is in default of acceptance or if it culpably violates other duties to cooperate, we shall be entitled to demand compensation for damages incurred in this respect, including any additional expenses. All other claims shall remain unaffected. Where the conditions stated above apply, the risk of accidental destruction or deterioration of the purchase item shall transfer to the customer at such time as it is deemed to have defaulted in accepting delivery or is otherwise in default.
2. In the event of a delay in delivery attributable to us for reasons not resulting from intent or gross negligence, we shall be liable to pay a lump-sum compensation for the delay equal to three per cent (3%) of the delivery value for each full week of delay, though not more than 15% of the delivery value.
Section 5 Retention of title
1. For contracts with consumers, we retain ownership of the goods until such time as the purchase price has been paid in full.
For contracts with entrepreneurs, we retain ownership of the goods until such time as all payments as part of an ongoing business relationship have been paid in full.
2. The customer shall undertake to immediately inform us of any access by third parties to the goods, such as in the event of distraint, as well as in the event of damage or destruction of the goods. The customer shall immediately inform us of any change in ownership of the goods, as well as any change in the place of address.
3. In the event of conduct by the customer that is in breach of this contract, in particular in the event of default in payment or violation of a duty under Paragraph 2 of this provision, we shall be entitled to withdraw from the contract and demand that the goods be returned.
4. The entrepreneur is entitled to resell the goods in the proper course of business. It shall hereby assign all payments amounting to the invoice amount that may arise against it as a result of the goods being resold to a third party. We hereby accept the assignment. Upon assignment, the entrepreneur is entitled to collect the payment. We reserve the right to collect the payment ourselves if the entrepreneur fails to properly fulfil its payment obligations and falls into default.
Section 6 Right to revocation and return for distance selling contracts
1.The consumer is entitled to revoke its consent provided at the conclusion of the contract within two weeks as of receipt of the goods.
No justification is required for such revocation, and revocation must be stated in text form or by means of returning the goods to the seller. Prompt return of the goods shall suffice for maintaining the deadline.
2. The consumer shall pay compensation for lost value due to damage to the goods through conventional usage.
The consumer may carefully and diligently inspect the goods.
The consumer shall bear the costs of lost value where use beyond mere inspection of the goods has led to the goods no longer being able to be sold “new”.
Section 7 Transfer of risk
1. If the purchaser is an entrepreneur, the risk of accidental destruction and deterioration of goods shall be assumed by the same upon hand-over. In the event of sale by delivery to a location other than the place of performance, the risk shall be transferred upon dispatch of the item to the shipper, carrier or other person or organisation executing dispatch of the goods to the purchaser.
2. If the purchaser is a consumer, the risk of accidental destruction and deterioration of the purchase item shall only be transferred upon hand-over to the purchaser, even in the event of sale by delivery. If the purchaser defaults in acceptance, this shall be deemed to be equivalent to hand-over.
Section 8 Execution of transport
1. Transport within and outside of buildings, steps, lawns, steep surfaces, gravel and other conditions shall be billed and only executed where technically possible. The desired place of use shall be kept clear and easily accessible. In particular, all outdoor steps and access roads or paths shall be kept free of foliage, snow and ice. Any additional clean-up costs incurred shall be billed separately.
2. If delivery of the item cannot be made to the desired place of use for technical reasons or due to non-compliance with the above conditions, this shall not release the Party from the contract. Should this require another delivery attempt, this shall be billed separately.
3. Binding acceptance of transport to the place of use may only take place after a paid site inspection. Any verbally agreed statements made previously by the seller are not binding.
4. If it has been agreed that the delivered safe should also be installed, and installation fails for reasons not attributable to us, this shall not entitle the customer to withdraw from the contract, to reduce the amount to be paid and/or to assert further claims of any kind.
Section 9 Warranty and notice of defects
1. The entrepreneur shall only be entitled to warranty rights if it has fulfilled its obligations to inspect the goods and provide notification of defects in accordance with Section 377 of the German Commercial Code (Handelsgesetzbuch [HGB]).
2. If the customer is an entrepreneur, claims for damages shall lapse after 12 months as of successful delivery of the goods delivered by us. The legal statute of limitations shall apply to claims for damages in the event of intent or gross negligence, as well as for injuries to life, limb and health attributable to an intentional or negligent breach of duty by the user.
3. If the customer is a consumer, claims for damages shall lapse after 24 months as of successful delivery of the goods delivered by us.
4. If, despite all due care being taken, the delivered goods nevertheless prove to have a defect that was present at such time as risk was transferred, we shall either correct the defect or provide a replacement delivery at our discretion, assuming we were notified of the defect within the specified time frame. We must always be given the opportunity for subsequent performance within a reasonable time limit. Claims to recourse shall remain unaffected by the above provision without restriction.
If the purchaser is a consumer, it shall initially have the choice between subsequent performance through correction of the defect or replacement delivery. However, we are entitled to refuse the chosen method of subsequent performance if it would only be possible for us to carry out said method at an unreasonable cost and the other method of subsequent performance remains an option without posing any significant disadvantage to the consumer.
5. Claims for defects shall not be valid for only minor deviations from the agreed specifications, insignificant interference with usability, natural wear and tear, or damages that are incurred after risk has been transferred as a result of incorrect or negligent usage, excessive wear, unsuitable operating equipment, poor construction work, or an unsuitable foundation, or that arise due to special external circumstances not foreseen under the contract. If improper repairs or modifications are made by the customer or a third party, this shall not entitle the customer to claim for any defects or the consequences thereof.
6. Customer claims based on the expenses required for the purpose of subsequent performance, particularly transport, travel, work and material costs, shall be excluded if and insofar as these expenses increase as a result of the customer or a third party subsequently moving the items delivered by us to a different location, except where such transport is in line with the intended use of the delivery item.
7. If the customer is an entrepreneur, we are not liable for consequential damages.
Section 10 Other provisions
1. This contract and the overall legal relationship between the Parties are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
2. If the purchaser is an entrepreneur, the place of performance and exclusive place of jurisdiction for all legal disputes arising from this contract is Paderborn, unless otherwise agreed in the order confirmation.
The German version of this text is binding. The translation of the same is provided solely for informational purposes.