1. Conclusion of contract
The order is binding for the buyer. The seller is entitled to refuse to accept the order (buyer's offer) within 10 days of submission if delivery has not taken place earlier.
II. Content of the contract
Contractual agreements and amendments, ancillary agreements and assurances must be set out in writing.
III. Prices
The agreed price applies without discount or other discounts. Agreed ancillary services will be charged in addition to the agreed prices.
Price changes are only permitted if the delivery is to take place more than four months after the conclusion of the contract and the non-binding recommended price, if none exists, the manufacturer's selling price for the object of purchase has been changed. The purchase price modified by the amount of this change then applies. If the agreed price then increases by 5% or more, the buyer can withdraw from this contract.
IV. Payment
The purchase price and the price for the agreed ancillary services are due for payment in cash when the object of purchase is handed over, no later than eight days after notification of the readiness and sending of the invoice. Means of payment handed over instead of cash will only be accepted on account of performance and with calculation of all redemption costs and expenses. The buyer can only offset against the seller's claims if the counterclaim is undisputed or legally binding. The buyer can only assert a right of retention if it is based on claims from this purchase contract.
If partial payments have been agreed, the entire remaining debt is due for payment immediately if:
a) the buyer who is not entered as a merchant in the commercial register is in arrears in whole or in part with at least two consecutive installments and this amount in arrears is at least 1/10 of the purchase price,
b) the buyer who is entered as a merchant in the commercial register, is 14 days in arrears with an installment, stops making payments, makes out-of-court settlement proposals to creditors, or if composition or bankruptcy proceedings are applied for over his assets.
V. Delivery
Delivery periods begin with the conclusion of the contract, in the case of direct payment transactions not before the cancellation period has expired.
The buyer can only claim damage caused by delay and compensation for non-performance under § 326 BGB if the seller is responsible for the delay through intent or gross negligence.
We reserve the right to make changes to the design, the color tone and the scope of delivery, provided they are not significant and reasonable for the buyer.
Specifications in the description of the object of purchase are not guaranteed properties, but only approximate values ​​with the deviations that are usual for series production, unless expressly stated otherwise.
VI. Acceptance
If there is no separate agreement, the buyer must accept the object of purchase within eight days of receipt of the notification of readiness at the agreed location. If he is in arrears with the acceptance, the seller can set him a grace period of two weeks with the declaration that he will withdraw from the contract after this grace period or demand compensation for non-performance.
The period of grace is not required if the buyer has seriously or finally refused acceptance or if he is obviously unable to pay the purchase price. If the seller demands damages, this amounts to 15% of the purchase price including the price for transfer and ancillary services. The amount of damage is to be set higher or lower if the seller can prove a higher damage or the buyer can prove no or less damage.
If the seller does not make use of his rights to withdraw from the contract or to claim damages for non-performance, he can freely dispose of the object of purchase and provide the buyer with an identical object of purchase within a reasonable period of time on the terms of the contract.
VII. Retention of title
The object of purchase is handed over subject to the seller's retention of title until all of the buyer's obligations arising from the purchase contract have been fulfilled.
As long as the retention of title exists, a sale, pledging, transfer by way of security, rental or other transfer of the object of purchase affecting the security of the seller as well as a change is only permitted with the prior written consent of the seller.
The buyer has the obligation to keep the object of purchase in good condition for the duration of the retention of title, to have all planned maintenance work and necessary repair work carried out immediately by the seller or a company authorized by the manufacturer.
If the buyer is in default of payment or does not meet his obligations from the retention of title, the seller can demand that the buyer return the object of purchase. In this case, the buyer must return the object of purchase immediately at the seller's request, excluding any rights of retention that do not result from the purchase contract.
The buyer bears the costs of the return, the appraisal and the utilization. They amount to 10% including sales tax. They are to be set higher or lower if the seller proves higher or the buyer lower costs. The proceeds achieved by the seller are to be paid to the buyer after deduction of the remaining claim and the costs of taking back, appraising and realizing.
VIII. Warranty
1. The seller guarantees that the item sold is free from defects in material and workmanship according to the current state of the art at the time of delivery.
2. The warranty applies to subsequent improvement through free repair of the part defective in material or workmanship and the parts inevitably damaged by this error despite proper handling at the seller's premises or by a company authorized to service the product; it is at the seller's option replacement delivery.
In the case of rectification, the seller bears the expenses required for the purpose of rectification, in particular transport, travel, labor and material costs. If the device is inoperable due to a warranty claim, the buyer must inform the seller. He decides whether the device will be picked up free of charge for the buyer or repaired at the place of delivery.
3. If the repair or replacement delivery fails, the buyer can demand cancellation of the contract (change) or reduction of the payment (reduction).
4. The warranty begins on the day of delivery and lasts 1 year.
IX. Liability
The seller's liability is limited to intent and gross negligence. Further claims, for whatever legal reason, are excluded, with the exception of claims under the Product Liability Act.
X. Trade-in
A trade-in of used items takes place at the place of performance. Deterioration and wear and tear between the date of submission of the order or price agreement and delivery are at the expense of the buyer. If the buyer does not indicate defects in these used items, the seller can withdraw from the trade-in.
XI. Fulfillment and jurisdiction
The place of fulfillment is the registered office of the seller. The exclusive place of jurisdiction for all current and future claims arising from the business relationship with registered traders, including bills of exchange and checks, is the registered office of the seller. The same place of jurisdiction applies if the buyer does not have a general place of jurisdiction in Germany, relocates his domicile or usual place of residence abroad after conclusion of the contract or his domicile or usual place of residence is not known at the time the action is filed.