(1) These conditions of sale apply exclusively and only to customers, contractors, legal persons under public law or special funds under public law within the meaning of § 310 (1) BGB.
Conflicting or differing from our terms and conditions of the customer, we only accept if we expressly agree in writing to the validity.
(2) These conditions of sale also apply to all future transactions with the customer, as far as related legal transactions are concerned.
§2 Offer and contract
If an order is to be regarded as an offer according to § 145 BGB, we can accept it within two weeks.
§3 Submitted documents
At all in connection with the placing of order to the orderer given documents, such For example, calculations, drawings, etc., we reserve ownership and copyrights. These documents may not be made accessible to third parties, unless we give the orderer our express written consent. As far as we do not accept the offer of the orderer within the term of § 2, these documents are to be returned to us immediately.
§4 Prices and payment
(1) nless otherwise agreed in writing, our prices are ex works excluding packaging / transport and including value added tax in the respective valid amount. Costs of packaging and transport will be charged separately.
(2) The payment of the purchase price must be made exclusively to the named account. The deduction of cash discount is only permitted with a written special agreement.
(3) Unless otherwise agreed, the purchase price must be paid within 10 days of delivery. Default interest of 8% above the respective base interest rate p. a. calculated. The assertion of a higher damage caused by default remains reserved.
(4) Unless a fixed price agreement has been made, reasonable price changes remain reserved due to changes in labor, material and distribution costs for deliveries made 3 months or later after conclusion of the contract.
§5 Offsetting and retention rights
The purchaser is entitled to set-off only if his counterclaims are legally established or undisputed. The purchaser is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§6 Delivery time
(1) The beginning of the delivery time specified by us requires the timely and proper fulfillment of the obligations of the customer. The exception of the unfulfilled contract remains reserved.
(2) If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for any damage incurred, including any additional expenses. Further claims are reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time when the latter is in default of acceptance or payment.
(3) In the event of a delay in delivery caused by us, neither intentionally nor grossly negligently, we shall be liable for any completed week in the context of a lump-sum compensation for default amounting to 3% of the delivery value, however not exceeding 15% of the delivery value.
(4) Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
§7 Transfer of risk upon dispatch
If the goods are despatched to the purchaser at the request of the purchaser, the risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser upon dispatch to the purchaser, at the latest when leaving the factory / warehouse. This applies regardless of whether the shipment of goods from the place of performance or who bears the freight costs.
§8 Retention of title
(1) We reserve title to the delivered goods until complete payment of all claims from the delivery contract. This also applies to all future deliveries, even if we do not always expressly refer to them. We are entitled to take back the purchased item if the customer behaves contrary to the contract.
(2) The purchaser is obliged, as long as the property has not been transferred to him, to treat the purchased goods with care. In particular, he is obliged to adequately insure these at his own expense against theft, fire and water damage at replacement value. If maintenance and inspection work has to be carried out, the customer has to carry it out on time at his own expense. As long as the ownership has not yet been transferred, the purchaser must notify us immediately in writing if the delivered object is seized or subjected to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a claim in accordance with § 771 ZPO, the customer is liable for the loss incurred by us.
(3) The customer is entitled to resell the reserved goods in the normal course of business. The purchaser hereby assigns to us the claims of the customer from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including value added tax). This assignment applies regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect the claim, even after the assignment. Our power to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for opening insolvency proceedings has been filed or payment has ceased.
(4) The processing and remodeling of the purchased item by the customer is always named and on behalf of us. In this case, the right of expectancy of the purchaser in the purchased item continues with the remodeled item. If the purchased item is processed with other items not belonging to us, we acquire the co-ownership of the new item in proportion of the objective value of our purchased item to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing takes place in such a way that the item of the customer is to be regarded as the main item, it shall be deemed agreed that the customer transfers pro rata co-ownership to us and secures the resulting sole ownership or co-ownership for us. In order to secure our claims against the purchaser, the purchaser also assigns to us such claims which accrue to him from a third party through the combination of the reserved goods with a property, we accept this assignment already now.
(5) We undertake to release the securities to which we are entitled upon request of the customer, insofar as their value exceeds the claims to be secured by more than 20%..
§9 Warranty and notice of defects as well as recourse / manufacturer recourse
(1) Warranty rights of the purchaser presuppose that the purchaser has duly fulfilled his obligations to inspect and complain under § 377 HGB.
(2) Claims for defects expire 12 months after delivery of the goods delivered by us to our customer. The above provisions do not apply insofar as the law requires longer periods in accordance with § 438 (1) no. 2 BGB (buildings and property for buildings), § 479 (1) BGB (right of recourse) and § 634a (1) BGB (construction defects). Prior to returning the goods our permit is to be requested.
(3) If, despite all due care, the delivered goods have a defect that was already present at the time of transfer of risk, we will repair the goods, subject to the timely notice of defects at our discretion or replace the goods. We always have the opportunity to provide supplementary performance within a reasonable period of time. Claims for recourse remain unaffected by the above regulation without limitation.
(4) If the subsequent performance fails, the customer may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
(5) Claims for defects do not exist in the case of insignificant deviation from the agreed condition, in case of insignificant impairment of usability, natural wear or tear, or damage resulting from faulty or negligent handling, excessive use, unsuitable equipment unsuitable ground or due to special external influences that are not required by the contract. If the customer or a third party carries out improper repairs or changes, there are no claims for defects for these and the resulting consequences.
(6) Claims of the purchaser for the expenses required for the purpose of subsequent performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the goods delivered by us subsequently to a location other than the branch the orderer has been shipped, unless the shipment complies with its intended use.
(7) Claims for recourse of the purchaser against us exist only to the extent that the purchaser has not made any agreements with his purchaser beyond the legally binding claims for defects. Paragraph 6 shall apply mutatis mutandis to the extent of the purchaser's right of recourse against the supplier.
§10 Others
(1) This contract and the entire legal relationships of the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
(2) Place of fulfillment and exclusive place of jurisdiction and for all disputes arising from this contract is our place of business, unless otherwise stated in the order confirmation.
(3) All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.
(4) Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected.
§11 Cancellation policy - Far paragraph law
(1) The consumer has the right to revoke his declaration of intent to conclude the contract within two weeks of receiving the goods. The revocation does not have to contain reasons and must be declared in text form or by returning the goods to the seller. Deadline is sufficient for the timely dispatch.
(2) The consumer is obliged to return the goods when the right of withdrawal is exercised, if the goods can be sent by parcel. The cost of the return is borne by exercising the right of withdrawal up to a value of 40.00 Euro the buyer, unless the delivered goods do not correspond to the ordered goods.
(3) The return of ordered goods must be made with the delivery note and the account details attached. The seller does not accept returns that have been sent without delivery. The return is at the risk of the seller. The seller is not liable for intent and gross negligence, in particular for improper packaging of the return.
(4) The consumer shall pay compensation for the deterioration caused by the intended use of the goods. The consumer may inspect the goods carefully and carefully. The loss of value, which results in the fact that the goods can no longer be sold as "new" as a result of the use beyond the mere test, must be borne by the consumer.
(5) Excluded from the revocation are contracts for the delivery of goods that are made to customer specifications or clearly tailored to personal needs or that are not suitable due to their nature for a return.
Owner: Ferit Tamer Ücer, Glasermeister
Adress:
Dove Str.7
10587 Berlin
