§ 1 Scope
1. These terms and conditions apply exclusively
vis-à-vis entrepreneurs, legal entities of
public law or public law
Special funds within the meaning of Section 310 paragraph 1 BGB.
We only accept the customer's terms and conditions that conflict with or deviate from our sales conditions if we expressly agree to their validity in writing.
2. These sales conditions also apply to all
future transactions with the customer, insofar as
are legal transactions of a related nature.
§ 2 Offer and Conclusion of Contract
If an order is an offer in accordance with § 145 BGB
Can we look at this within two
Accept weeks.
§ 3 Documents provided
To everyone in connection with placing an order
documents provided to the customer, such as
Calculations, drawings, etc., we keep
Proprietary and copyrights. These documents
may not be made available to third parties, it
unless we provide the customer with our
express written consent. So far
We do not receive the customer's offer within
Accept the deadline of § 2, these documents are ours
to be returned immediately.
§ 4 Prices and Payment
1. Unless otherwise agreed in writing
will, our ex-factory prices apply exclusively
packaging and plus VAT in each
valid level. The costs of packaging are
invoiced separately.
2. Payment of the purchase price is due exclusively to
to create the account specified overleaf. The Deduction
Discounts are only available for written special
Agreement allowed.
3. Unless otherwise agreed, the
Pay the purchase price within 10 days of delivery. Interest on arrears of 8% above
calculated at the respective base interest rate p.a. Die
Claim higher damage caused by delay
remains reserved.
4. Unless a fixed price agreement has been made,
Reasonable price changes remain due to
changed wage, material and distribution costs for
Deliveries made 3 months or later to
Contract conclusion takes place, subject to reservation.
§ 5 Offsetting and Retention Rights
The customer has the right to offset only
too, if his counterclaims are final
are established or undisputed. To exercise
of a right of retention, the customer is only
authorized to the extent that his counterclaim on the
is based on the same contractual relationship.
§ 6 Delivery time
1. The start of the delivery time specified by us
ensures timely and proper compliance
ahead of the customer's obligations. The plea
The contract that has not been fulfilled is reserved.
2. If the customer is in default of acceptance, or
does he culpably violate other obligations to cooperate,
We are therefore entitled to the resulting
damage, including any additional expenses
replaced by demanding. Further claims
remain reserved. If the foregoing
Requirements are met, is there a risk of
random doom or random
Deterioration of the purchased item at the time of
the customer in which he is in default of acceptance or debtor.
3. We are not liable intentionally in the case of our or
Delivery delay caused by gross negligence for any
completed week delay as part of a
lump sum compensation of 3% of the delivery value, but not more
as 15% of the delivery value.
4. Further legal claims and rights of
Orderer unaffected due to a delivery delay
§ 7 Transfer of risk upon shipment
At the request of the customer, will the goods be delivered to the customer
Dispatched, the dispatch goes to the customer
At the latest when leaving the factory/warehouse, the risk of accidental loss or accidental deterioration of the goods is transferred to the customer. This applies regardless of whether the goods are shipped from the place of fulfilment or who bears the freight costs.
§ 8 Retention of title
1. We retain ownership of the delivered
Item pending full payment of all
claims arising from the supply contract. This also applies
for all future deliveries, even if we
not always expressly invoke this. We are
entitled to take back the purchased item if
The customer is acting in breach of contract.
2. The customer is obliged as long as ownership
The purchased item has not yet been transferred to him
to be handled with care. In particular, he is
obliged to do this at your own expense against theft,
Fire and water damage sufficient to
New value to insure (note: only permitted with
sale of high-quality goods). If maintenance and inspection work must be carried out, the
Customers order them in good time at their own expense
to execute. As long as ownership is not yet
has passed over, the customer has sent us immediately
to notify in writing if the delivered
Property seized or other interference
third party is exposed. Unless the third party is in the
Situation is that the judicial and extrajudicial
to reimburse the costs of an action in accordance with Section 771 of the Code of Civil Procedure,
Is the customer liable for the loss caused by us.
3. The customer is required to resell the
Reserved goods in normal business transactions
justified. The customer's claims arising from the resale of the reserved goods occur
Orderers already send us in the amount of with us
agreed final billing amount (including
value added tax). This assignment is independent
of whether the purchased item has been processed without or after processing
has been resold. The customer remains at
Collection of receivables even after assignment
empowers. Our authority 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 request for
Insolvency proceedings have been opened or payments have been suspended.
4. The processing or transformation of
The object of purchase by the customer is always named
and on behalf of us. In this case, the customer's right of entitlement to the purchased item applies
continue with the converted object. If the purchased item
with other objects that do not belong to us
is processed, we acquire joint ownership of
new thing in relation to objective value
our purchased item to the other processed
objects at the time of processing.
The same applies in the event of mixing. If the mixing is carried out in such a way that the matter of
The customer is regarded as the main issue, is considered as
Agrees that the customer will give us proportionately
transfers joint ownership and the resulting
sole ownership or joint ownership is stored for us. Zur
Securing our claims against the customer
If the customer also assigns such claims to us,
which he received by combining the reserved goods with
grow up a plot of land against a third party; we
accept this assignment now.
5. We commit ourselves to the
release securities at the customer's request,
insofar as their value is the claims to be secured by
exceeds 20%.
§ 9 Warranty and notification of defects, and
Recourse/manufacturer recourse
1. Set the customer's warranty rights
requires that he has his in accordance with Section 377 of the German Commercial Code
has duly complied with the inspection and complaint obligations owed.
2. Claims for defects expire 12 months after delivery of the goods delivered by us in the case of
our customer. In the case of used goods, the warranty period is excluded. The above provisions do not apply insofar as the Act in accordance with Section 438 Paragraph 1 No. 2 BGB (Buildings and Things for Buildings), Section 479 Paragraph 1 BGB (right of recourse)
and Section 634a paragraph 1 BGB (construction defects) longer periods
mandatorily prescribes. Before any return of
Goods must be obtained from our consent.
3. Should, despite all care taken, the
delivered goods have a defect that has already
existed at the time of transfer of risk,
We will deliver the goods, subject to the deadline
correct the complaint at our discretion, or
Deliver replacement goods. We always have the opportunity to
to provide rectification within a reasonable period of time.
Recourse claims remain from the above
Regulation is unaffected without limitation.
4. If the subsequent performance fails, the customer may, without prejudice to any claims for compensation
withdraw from the contract or reduce the remuneration.
5. Claims for defects do not exist if there is only an insignificant deviation from the agreed quality, if the usability is only insignificantly impaired, if
natural wear and tear, as in the case of damage resulting from the transfer of risk as a result of faulty or negligent handling, excessive use,
unsuitable equipment, faulty construction work, unsuitable subsoil or due to
particular external influences arise after
Contract is not required. Are from
If the customer or third parties have carried out improper repair work or changes, there are also no claims for defects for these and the resulting consequences.
6. Claims made by the customer due to
expenses required for subsequent performance,
in particular transport, travel, work and
Material costs, are excluded insofar as the
Expenses are increasing because those of us
goods delivered retrospectively to a location other than
moved the customer's branch
has been, unless the shipment corresponds to
their intended use.
7. Recourse claims by the customer against us
exist only to the extent that the customer with his
The customer has not made any agreements that go beyond the legally mandatory claims for defects. Paragraph 6 shall also apply mutatis mutandis to the extent of the customer's recourse claim against the supplier.
§ 10 Miscellaneous
1. This contract and the entire legal relationship
The parties are subject to the laws of the Federal Republic of Germany, excluding the UN Sales Convention (CISG) .2. Place of fulfilment and exclusive place of jurisdiction
and for all disputes arising from this contract, our place of business is, provided that the order confirmation is
does not result in anything else.
3. All agreements between the parties
made 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 ineffective or a gap
included, the remaining provisions remain
unaffected by this. The parties commit themselves to
Instead of the ineffective provision, one such
to make legally permissible provision that applies to the
economic purpose of the invalid provision on
Next is coming, or fills this gap.
General terms and conditions of ORBEN Wasseraufbereitung GmbH & Co. KG, as of March 24, 14