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General conditions of sales |
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5. Delivery and delay 8. Rights in the case |
General conditions of sales and delivery for legal transactions in accordance with § 14 BGB |
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5. Delivery and delay in delivery Our conditions of delivery apply under the proviso of delivery to us. Should our supplier fail to deliver in any given case, we will be entitled to withdraw from the contract. Should any changes be subsequently made to the contract, due dates/deadlines for delivery must be rearranged. Should we only be responsible for slight neglect, then compensation instead of delivery in contracts with legal persons as deemed by public law, special partly state-owned public law assets or a company is not possible. If the purchaser wishes to withdraw from the contract and/or demands compensation instead of delivery, he must set us an appropriate delivery deadline after the expiry of a three-week term. Should delivery not be possible during the delay by chance, we shall be liable up to the agreed liability limitation. We shall not be liable if the damage would have occurred even if the delivery had been on time. If a binding delivery date or deadline is exceeded, delivery date or deadline is exceeded. Force majeure or production disruptions that occur at our or our suppliers´ end that temporarily prevent us, through no fault of our own, from delivering the purchase object at the date or within the deadline agreed upon will move backward the agreed deadline or date by the time these disruptions have caused. Price increases in the raw materials used to produce the purchase object that occur during said disruptions entitle us to pass these price increases on to the purchaser. If these price increases cause a price increase in the purchase object of more than 5% or if the disruptions lead to a delay in delivery of more than three months, the purchaser has the right to withdraw from the contract. Other rights to withdraw are not affected by this. Should there be any doubts about the solvency or willingness to pay of the purchaser, we may assert our rights as set out in § 321 BGB. 6. Purchase The purchaser is obliged to purchase the purchase object within two weeks of receiving our declaration of will to deliver. Should purchase not ensue within two weeks, we have the right to refuse delivery and exercise our rights under the law. If we demand damages in such a case, this sum will amount to 10% of the agreed purchase price. The amount of damages will be higher or lower should we prove higher damages or the purchaser lower damages respectively. 7. Right to ownership The goods delivered shall remain our property until complete payment of all claims from the business connection with the purchaser; this also applies to cheque/draft payments. The purchaser is entitled to resell the conditional commodity within the framework of correct transaction procedure; pledging or security transfer is not permitted. The purchaser immediately transfers his claim from the resale of the conditional commodity to us; we hereby accept this transfer of reservation. Independently of the transfer and our right to retraction, the purchaser is entitled to retract as long as he fulfils his obligations to us. The purchaser must, on demand, provide the required information on the transferred claims and inform the debtors of the transfer. The purchaser will undertake any processing of the conditional commodity for us without obligation arising on our part from this. In the case of processing, combining or mixing of the conditional commodity with other goods that do not belong to us, we have the right to the share of co-ownership of the new item in the proportion of the conditional commodity to the other processed goods at the time of the processing, combining or mixing. If the purchaser obtains sole ownership of the new item, then the parties to the contract are agreed that the purchaser will grant us co-ownership in the proportion of the processed, combined or mixed conditional commodity and will store it free of charge. Should the conditional commodity be resold together with other goods, no matter whether processing, combining or mixing has been undertaken, the advance transfer agreed above only applies to the extent of the value of the conditional commodity resold with the other goods. We commit ourselves to releasing the securities we are entitled to in accordance with the conditions laid out in this contract, should the purchaser so choose and demand, to the extent that the claim to be secured is exceeded by 20%. Should there be foreclosure measures on the conditional commodity or claims transferred in advance by a third party, the purchaser must inform us immediately, providing the documents necessary for an intervention. |
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8. Rights in the case of services not rendered in accordance with the contract Claims made by the purchaser on account of defects will be time-barred in accordance with legal conditions after 2 years, unless § 377 HGB states otherwise. Goods must always be tested before further processing. Should defects or the assuming of a guarantee for their quality be fraudulently kept undisclosed, continuing claims will not be affected. |
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9. Liability Liability occurs only when obligations pertaining to the contract are neglected and is limited to a typical amount of damages that is foreseeable at the time the contract is concluded. This limitation does not apply in the case of human injury – be it loss life, physical injury or damage to health. We will not be liable for damage caused negligently by a defect in the purchase object. Independently from any blame on the part of the vendor, any liability on the part of the vendor regarding fraudulent nondisclosure of a defect from the assuming of a guarantee or a quality risk remains unaffected in accordance with the product liability laws. Personal liability on the parts of our legal representatives, filling workers and employees for any damages caused negligently by them is excluded. |
