Terms of Sale

§ 1 Scope

(1) These terms apply exclusively to entrepreneurs, legal persons under public law or public law special fund within the meaning of § 310 paragraph 1 BGB. Opposing or deviating from our terms and conditions of the buyer, we recognize only if we expressly agree to in writing.

(2) These conditions of sale apply to all future transactions with the customer as far as they are legal transactions of similar nature (as a precaution should the sale are included in each case the order confirmation).


§ 2 Offer and contract conclusion

Where an order as an offer pursuant to § 145 BGB is considered, we may accept it within two weeks.


§ 3 Submitted Documents

At all in connection with the order the customer provided documentation, such as calculations, drawings, etc., we reserve ownership and copyright. These documents may be made accessible to third parties, unless we give to the customer our express written consent. As far as we can not accept the offer by the purchaser within the period specified in § 2, the documents are returned to us immediately.


§ 4 Prices and payment

(1) Unless otherwise agreed in writing, our prices are ex works, excluding packaging and plus VAT as applicable. Packaging costs are billed separately.

(2) The payment of the purchase price shall be made solely on the said account. The cash discount is allowed only with special written agreement.

(3) Unless otherwise agreed, the purchase price within 10 days after contract award must be paid. Interest shall be equal to 8% above the base rate is calculated. The assertion of a higher default damages.

(4) Unless a fixed price agreement has been made, reasonable price changes due to changes in wages, materials and distribution costs for supplies, the reserved 3 months or later after signing the contract.


§ 5 Offsetting and retention

The customer has the right to compensation only if his counterclaims are legally determined or undisputed. To exercise a lien, the buyer is only insofar as his counterclaim is based on the same contractual relationship.


§ 6 Delivery time

(1) The beginning of the quoted delivery time assumes the timely and proper fulfillment of the obligations of the purchaser. The defense of breach of contract.

(2) the purchaser is in default of acceptance or culpably violates other cooperation obligations, we are entitled to damages incurred by us, to demand compensation, including any additional expenses. Further claims are reserved. Where there are conditions above, the risk of accidental loss or accidental deterioration of the goods at the time on the purchaser, in which he is in default of acceptance or payment.

(3) We, in the case of what we do not intentionally or grossly negligently delayed delivery for each completed week of delay in a lump sum compensation liability by 3% of the value but not more than 15% of the value.

(4) Further statutory claims and rights of the customer due to a delayed delivery remain unaffected.


§ 7 Passing of risk in shipping

If the goods are shipped to this customer's request, it goes with the shipment to the customer at the latest when leaving the factory / warehouse, the risk of accidental destruction or accidental deterioration of the goods to the buyer. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.
 

§ 8 Retention of title

(1) We reserve title to the delivered goods until full payment of all claims arising from the delivery. This also applies to all future deliveries, even if we do not always refer to this. We are entitled to repossess the goods if the buyer breaches the contract.

(2) The purchaser is obliged, as long as ownership has not passed to him to treat the goods with care. In particular, he is obligated to sufficiently at his own expense against theft, fire and water damage to the replacement value (Note: only allowed for selling quality goods). If maintenance and inspection work is carried out, the Purchaser has to perform at his own expense. As long as ownership has not been transferred, the purchaser must notify us in writing immediately if the case of seizure or other interference by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of erfolgreichen1 action under § 771 ZPO, the customer is liable for the loss incurred.

(3) The purchaser shall be entitled to resell the reserved goods in the ordinary course of business. The claims of the buyer from reselling the reserved goods, the purchaser hereby cedes to us in the amount of the mutually agreed final invoice (including VAT). This assignment applies regardless of whether the goods have been resold without or after processing. The purchaser remains entitled to collect the claim even after assignment. Our authority to collect the receivables ourselves remains unaffected. We will not collect the claim as long as the customer meets his payment obligations from the proceeds, is not in default of payment and has not filed for insolvency proceedings or suspension of payments.

(4) The handling and processing or transformation of the goods by the customer is always the name and on our behalf. In this case, the expectant right of the purchaser to continue the item purchased at the transformed object. Unless the goods with other goods not belonging to us is processed, we acquire joint ownership of the new object in proportion to the objective value of our merchandise to the other processed items at the time of processing. The same applies to the case of mixing. If mixing is done in such a way that the buyer's object is regarded as the main thing is, as agreed, that the purchaser transfers co-ownership and shall hold the sole ownership or joint ownership for us. To secure our claims against the buyer, the buyer, even those claims to us, which arise through the combination of goods with a plot against a third party, we take this assignment now.

(5) We are committed ourselves to release the securities due to the customer's request, if their value exceeds the secured claims by more than 20%.


§ 9 Warranty and complaints and recourse / recourse to the producer

(1) guarantee the rights of the purchaser assume that this is according to § 377 HGB inspection and complaint duly.

(2) Claims for defects expire 12 months after delivery of the goods supplied by us at our customer (Note: the sale of used goods, the warranty period will be entirely ruled out). The foregoing provisions shall not apply if the law under § 438 para 1 No. 2 BGB (buildings and building materials), § 479 paragraph 1 BGB (recourse) and § 634a paragraph 1 BGB (structural defects) longer periods mandatory. Before returning any goods prior approval is obtained.

(3) If, despite careful treatment, the delivered product has a defect that existed at the time of transfer of risk, we are the goods, subject to timely notice under our option repair or replace the item. There is always giving us the opportunity to remedy within a reasonable time. Recourse remain unaffected by the regulations above without restrictions.

(4) If the supplementary performance fails, the customer - can cancel the contract or reduce the payment - regardless of any compensation claims.

(5) The warranty does not include minor deviation from the agreed condition, irrelevant impairment of usability, of natural wear and tear and damage caused by the transfer of risk from faulty or negligent handling, excessive strain, unsuitable equipment, defective workmanship, unsuitable ground or from particular external influences not assumed under the contract. If the customer or third party improperly performed repairs or modifications can be made for this and the consequences thereof shall be likewise excluded.

(6) Claims by the Purchaser for the purpose of supplementary performance, in particular transport, travel, labor and material costs are excluded, unless the expenses increase because the delivered goods are subsequently transported to a location other than the premises the purchaser has been spent, unless the transfer is in accordance with its intended use.

(7) rights of recourse against us only in so far as the customer has with its customers made about the mandatory statutory warranty claims agreements. For the scope of the right of recourse the Purchaser against the supplier paragraph 6 shall apply.


§ 10 Miscellaneous

(1) This Agreement and all legal relationships are subject to the laws of the Kingdom of Spain, excluding the UN Sales Convention (CISG).

(2) performance and exclusive jurisdiction for all disputes arising under this contract is our place of business, provided in the order confirmation states otherwise.

(3) All agreements reached between the parties in performance of this contract, in this contract in writing.

(4) If any provision of this Agreement be or become invalid or contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally valid provision, the commercial purpose of the ineffective regulation closest or fills this gap.

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