Terms of delivery and payment
1) Contract conclusion and content
(1) General terms and conditions are not valid,
That these have been expressly acknowledged by us in writing.
(2) The following prices are exempt; If changes in costs -
In particular, fluctuations in material prices
To charge the price applicable upon delivery.
(3) Received by our travelers and commercial representatives
Orders are only valid after our express confirmation,
Provided that they are subject to our terms of delivery and payment as well as by
(1) The dispatch of the goods takes place at the risk of the customer. The danger of
Damage or loss of goods shall be attributable to the Purchaser
When the delivery item has left our business premises.
(2) The delivery time is extended adequately for measures in the course of
Labor strikes, in particular strikes and lockouts, as well as in the case
The occurrence of unforeseen obstacles, even if these occur at our
Subcontractors, e.g. Troublemaking;
In the procurement of raw materials, failure of production equipment. For such
We reserve the right to rescind the contract.
(3) Any claims for damages on the part of the customer or notice of default
To us when the delivery time is exceeded or when exercising
Of our right of rescission because of the occurrence of unforeseen obstacles
(4) We are released from our contractual obligations, if justified
Doubts about the creditworthiness of the contracting party,
If older overdue invoices have not yet been settled.
(1) Complaints of recognizable defects must be reported to us within a
Week after receipt of the goods in writing. Hidden
Defects must be reported immediately, at the latest 7 days after their discovery,
Also in writing. Returns are without prior
Do not vote with us.
(2) In case of justified complaints, we provide free replacement. So far
This replacement delivery remedies the objection,
Reduction rights and the right to withdraw from the contract
Compensation claims for the purchaser excluded. A
Liability for any kind of defect consequences is excluded.
4) Proprietary reservation
(1) Our deliveries are exclusively subject to retention of title.
The property shall only be transferred to the purchaser if all of the goods are sold
Liabilities from all deliveries are settled
Whether goods or deliveries have been paid by the purchaser are.
(2) In the case of breach of contract by the customer, in particular with
We are obliged to take back the delivery item
And the customer is obligated to surrender. In the
Withdrawal as well as in the attachment of delivered goods,
Provided that the Payments Act does not apply, a withdrawal from the
Contract only if we expressly declare this in writing.
In the case of pledging or other interventions by third parties in our reserved goods
The Purchaser shall be obliged to notify us immediately in writing
And to require us to assert our proprietary rights
Documents (pledge record, oath insurance by
Identity of the goods). The ones that arise through an intervention
Costs of any kind shall be borne by the Purchaser.
(3) The Purchaser shall be entitled to use our reserved goods in the orderly manner
Business resale. But he is already here
All claims arising from the resale of our
Conditional goods with all subsidiary rights
As long as the purchaser opposes his payment obligations to us
He shall be authorized to assign the claims assigned to us
The resale itself. At our request is the
Buyer obliges us to the amount of the assigned claims
The resale and their debtor, as well as all the others
Documents. We are entitled to the
Assignment of the buyer 's resale requirements
(4) The reserved property is passed on to the customer without further ado,
As soon as our claims are fully paid.
If the value of the fuses to which we are entitled exceeds the value
Total amount of our claims against the purchaser by more than 20
%, We are obliged to release at our discretion at his request.
(5) The buyer can make the goods by processing to a new thing
No property purchase. It processes for the seller. Also the processed
Goods are used to secure the reservation buyer. At the
Processing with foreign goods not belonging to the Seller
By the buyer, the seller becomes co - owner of the new
Goods in the ratio of the invoice value of their goods to the foreign
(6) The purchaser shall have the conditional title due to him
Goods against its customers until such time as the
Purchase price fully paid. The Buyer shall keep the property and property
Co-ownership of the seller free of charge.
(1) The regulation of our invoices must be made no later than 10 days after
Cash date without any deduction.
(2) If the payment period is exceeded, the receipt is decisive
Us - we are entitled to interest on arrears of 3% above the
Respective discount rate of the Deutsche Bundesbank, without
That a prior warning and notice of default is required. After
We reserve the right to make a written reminder, with default interest payable to us
Through the use of credit at banks
(3) Bills of exchange or checks will only be accepted for the sake of performance
And are valid only after redemption and settlement of all incidental costs
As payment, whereby we reserve the right to accept bills of exchange.
(4) Incoming payments are made by us to the oldest due claim
6) Place of Performance and Jurisdiction
(1) The place of performance for delivery and payment is Stockach.
(2) In the case of all disputes arising from the business relationship,
Shall be the District Court of Stockach or the Landgericht
Constance, if the purchaser is Vollkaufmann, a legal person of the
Public law or a special fund under public law.
However, we shall also be entitled to place the goods on the premises of the customer
For traders in accordance with § 4 HGB, the assertion of
Claims by way of the order for payment of the court order Stockach
(3) The right of the Supplier shall also apply to deliveries to purchasers abroad
Federal Republic of Germany.
7) Changes, subsidiary agreements, partial effectiveness
(1) Amendments and additions to the contract and supplementary agreements
Shall only be valid if confirmed by us in writing.
(2) Should individual provisions of the contract be invalid,
The effectiveness of the other provisions of the Treaty