General terms and conditions
All deliveries shall only be made on the basis of our terms of delivery and payment.
2. offer and price
Our offer is always subject to change. Unless otherwise agreed, prices are exclusive of freight, postage, insurance and other shipping costs ex warehouse Seevetal.
3. delivery and delivery time
Should we be unable to deliver for a reason for which we are responsible or should there be a delay in performance, the customer may only demand compensation for direct damage in the event of simple negligence.
Return shipments of delivered goods without our prior consent in text form will not be accepted even if the goods are rejected. Transport costs and transport risk shall be borne by the buyer in this case.
4 Shipment and transfer of risk
Shipment shall always be made for the account and at the risk of the recipient and, at our discretion, by rail, post or forwarding agent. Transport insurance shall only be taken out by us if agreed in text form and at the expense of the buyer. Insofar as we assert complaints in connection with the transport, this shall only be done for the account and at the expense of the buyer.
5. terms of payment
Unless otherwise agreed, our invoices are payable net immediately upon receipt. In the event of default on the part of the customer, interest shall be payable at the usual bank interest rate for current account overdrafts (at least 3% above the respective discount rate of the Deutsche Bundesbank). We reserve the right to claim any higher damage caused by default.
6 Defects and warranty
The delivered goods must be inspected immediately upon receipt. Complaints must be made in text form. In the case of obvious defects, the complaint must be received by us no later than 14 days after receipt of the goods. If this deadline is not met, the customer loses the right to complain and cannot assert warranty claims.
In the event of a justified and substantiated complaint, we shall be entitled, at our discretion, to rectify the defect or to make a replacement delivery. The buyer is obliged to accept a replacement delivery against return of the defective goods.
7. retention of title
We retain title to delivered goods until the purchase price and all our claims in connection with the object of purchase have been settled in full. For the duration of our retention of title, the purchaser shall bear the full risk of the item, in particular also the risk of loss, accidental destruction or accidental deterioration. The customer is obliged to treat the goods subject to retention of title with care, to maintain them and to inform us immediately in the event of seizure, damage or loss. Despite our reservation of title, the purchaser is entitled to use our goods in his ordinary business operations as long as he is not in default towards us. However, he may only resell the goods subject to retention of title, so that we remain the owner of the goods subject to retention of title. Should the reservation of title nevertheless lapse due to the purchaser's infringement as a result of the resale, the claim accruing to the purchaser from this against his customer shall take its place, to which we alone shall be entitled; the right to assert claims for damages due to the purchaser's infringement shall otherwise remain reserved. As long as the delivered goods are not completely the property of the customer, we have the right of access to the goods delivered by us.
Our additional rental agreements apply.
9. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr. Consumers have the possibility to turn to the
Universal Arbitration Board of the Federation at the Centre for Conciliation e. V.
Strassburger Straße 8
77694 Kehl on the Rhine
Telephone: (07851) 795 79 40
Fax: (07851) 795 79 41
to contact us. We are obliged to participate in dispute resolution procedures before this body. We will participate in such a procedure.
10 Place of performance, place of jurisdiction
The place of performance and place of jurisdiction for delivery and payment is our registered office.