Terms and Conditions
General terms and conditions of sale and delivery (May 2014 version)
1.The following terms and conditions apply to all offers, deliveries and services, including for all future legal relationships, without the need for a special agreement or reference.The customer's terms and conditions of business or purchase are only effective if and to the extent that we acknowledge them in writing; there is no need for a contradiction.
2.Our offers are non-binding.Our employees and agents have no authority to enter into or vary these Terms and Conditions.Orders and purchases are only binding for us if they have been confirmed by us in writing or are fulfilled by delivery.The content of the contract is only what is contained in writing in the order form/offer or, in the absence of such, is laid down in our order confirmation and is not objected to within one week of receipt.If our order confirmation deviates from the customer's order, the deviation is deemed to have been approved if no objection is made in writing within two weeks of receipt of our order confirmation.To meet the deadline, the receipt of the objection by us is decisive.
3.All prices are excl.the statutory VAT applicable on the day of delivery.Unless otherwise agreed, the respective price ex Odelzhausen applies.The prices stated in our order confirmation or in the purchase contract are binding for us insofar as there is no increase in material prices or wages during the execution of the order.An increase in these costs entitles us to adjust the final price to the costs that have risen in the meantime.In dealings with non-merchants, we are entitled to an appropriate price increase under the above conditions if the service or delivery is not to be provided within four months of the conclusion of the contract.However, the customer is entitled to withdraw from the contract if the price increase exceeds 3% of the agreed price.The assertion of further legal consequences by the customer is excluded.
4.If freight, duties or fees are introduced or increased after the conclusion of the contract, we are entitled to change the price accordingly - even in the case of freight-free and/or duty-paid delivery.
5.Our invoices are due for immediate payment in cash after receipt of the invoice, unless specific payment dates have been agreed.Granted terms of payment become invalid if the buyer is in arrears with other claims against us or bill protests, the application for judicial or extrajudicial settlement or bankruptcy proceedings become known or such applications are rejected due to lack of assets.
6.Payment with bills of exchange requires a special agreement.Bills of exchange and checks are only accepted subject to their encashment and discountability and only as payment.If payment papers are no longer eligible for discount, we can charge them back immediately and demand cash payment.The buyer has to bear bill of exchange tax and discount charges and pay them immediately upon assignment.Credits are always subject to receipt and are made with the value date of the day on which we can dispose of the equivalent value.
7.§ 288 BGB applies to the calculation of default interest, but at least 8% p.a.aowed.
8.The client is not entitled to a right of retention.If he is not a merchant, he is entitled to a right of retention to the extent that it is based on the same contractual relationship.
9.Offsetting is only permitted with a claim recognized by us or a legally binding claim against us, but otherwise excluded.The customer can only assign claims of any kind against us with our written consent.Counterclaims are excluded.
10.Delivery times begin with the date of our order confirmation.If an exact delivery date or delivery times have been agreed, the buyer can only derive legal consequences from exceeding the deadline if he has given us a reasonable grace period of at least three weeks in writing.In the case of delivery on call, a reasonable period of at least three weeks from receipt of the call by us is deemed to have been agreed.
11.Deadlines do not run or are extended accordingly if the customer does not meet his obligations, in particular down payments, on time.The date of crediting to our account is decisive.Events of force majeure entitle us, even if they occur at a pre-supplier or sub-supplier, to postpone the delivery or service for the duration of the hindrance
and a reasonable start-up time or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled.Strikes, lockouts, mobilization, war, blockades, export and import bans, traffic closures and other circumstances, in particular untimely delivery to ourselves, which cannot be influenced by us and which make delivery unreasonably difficult or impossible for us, are equivalent to force majeure.
12.If we are in default of delivery after setting the stipulated period of grace, the buyer is entitled to withdraw.Claims for damages going beyond this, in particular due to late delivery, are excluded unless we or the persons for whom we are responsible are guilty of intent or gross negligence.
13.Shipping is at the buyer's risk, even if postage paid has been agreed.Transport insurance is only taken out on written instructions and at the expense of the buyer.Delivered goods must be checked for transport damage upon delivery and signed for by the carrier before departure.There is expressly no liability for defects ordamage.
14.If the removal of goods ready for dispatch or their dispatch is delayed as a result of circumstances for which we are not responsible, the risk passes to the buyer from the day on which the goods are ready for dispatch.In this case, delivery times are deemed to have been met on the day the goods are ready for dispatch.
15.Partial deliveries are permitted and are then deemed to be transactions to be processed separately.
16.Garbage can boxes, grill boxes, bicycle garages, plant tubs and outdoor furniture are handcrafted individual pieces to customer order.
We pay special attention to design, stability, service life and
Corrosion protection plays a key role in the service life.Hence
we have all components hot-dip galvanized in an immersion bath exclusively in accordance with DIN EN ISO 1461.
Hot-dip galvanizing is a very long-lasting protection against corrosion.A maintenance and
Compulsory maintenance that is known from other corrosion protection systems,
is omitted for a long period of time.In this method, hollow profiles, such as
we use, galvanized from the inside and outside.
Hot-dip galvanizing is also exemplary from the point of view of sustainability.
Because the CO2 emissions are significantly lower than with other anti-corrosion systems.
A protection period of 50 years and more is the norm.This is evidenced by, among other things
the zinc corrosion map published by the Federal Environment Agency.
In order to be able to offer our customers this corrosion protection in full,
we refrain from fine plastering the hot-dip galvanized components.
With an average zinc layer thickness of 0.07 mm, grinding only destroys the zinc coating.
16.1 hot-dip galvanizing
According to D I N EN I S O 1 4 6 1, hot-dip galvanizing is primarily
represents industrial corrosion protection! Considerations on aesthetics and on
decorative properties are considered secondary!
We cannot do anyon the surface quality of hot-dip galvanized components
Due to the material composition, this can be very
turn out differently!
After hot-dip galvanizing, the surface can have a "flowered" or "flowerless"
have patterns, components can be light shiny or dull gray.
irregularities and thickening e.g.Bin the area of the welds are
possible.occurs when the components are removed from the zinc melt
"Run noses" and "drip noses" on the component.
Since hot-dip galvanizing serves to protect against corrosion, we recommend
to do without a possible fine-tuning.
Only in the areas where it's about accuracy of fit or risk of injury,
we remove these imperfections with fine sanding.This is done with s e h r
fine-grain abrasives, so as not to damage the surface unnecessarily!
A 100% removal of all surface irregularities,
especially of the weld seams, is not possible, otherwise there is a risk of
Grinding through of the zinc layer is very high and the corrosion protection is impaired.
The powder coating is basically an industrially applied coating
and not to be compared with painting in the body shop.The standard regulations of the GSB international (www.gsb-international.de) provide that the coating surface for outdoor components in diffuse,
natural daylight perpendicular tofrom a viewing distance of 5 m without aids
has taken place.Anything that cannot be seen from this viewing distance,
does not represent a defect in the coating.Unevenness of the subsurface is the
hot-dip galvanized surface for assessing the coating quality without
meaning and therefore do not represent a defect.Furthermore, at
Powder coating due to the process (due to the Si content of the steel) to
The use of powder coatings with a high degree of gloss emphasizes the irregular surface of the hot-dip galvanizing.
Wood is and will remain a natural product.Each piece has its own look, character and vibrancy.Its natural properties, deviations and characteristics must therefore always be observed.In particular, the buyer must consider its biological, physical and chemical properties when purchasing and using it.The range of natural colour, structure and other differences within a type of wood does not constitute any reason for complaint or liability.Defects in the wood and any changes in shape are natural and give no reason for complaint.Wood can form cracks, can resinify, can discolour and dry knots can fall out.These reasons also give no reason for complaints.Extreme weather conditions, especially after long periods of warm weather, can cause drying cracks to form in the wood.These cracks do not affect the strength and resilience of the wood.Changes in wood moisture content can also result in slight changes in the dimensional accuracy of the wood.All of these effects are properties of the wood material that cannot be influenced and can therefore not be a reason for complaint.
17.Complaints will only be considered within eight days of receipt of the goods! The notice of defects must be made in writing, stating the defect.
18.The assertion of warranty claims against us requires that our goods have been used in a proven manner in accordance with our regulations.Before using or further processing the delivered goods, the recipient must examine them carefully and check whether they are suitable for the intended purpose. After use or processing, complaints are excluded.
19.Non-merchants are entitled to a notice of defects in accordance with the statutory provisions
20.In the case of justified complaints, we have the choice between rectification, replacement delivery, price reduction or taking back the goods.Insofar as we choose replacement delivery or repair, the buyer reserves the right to demand a reduction in price or, at his option, cancellation of the contract if the repair or replacement delivery fails.Further claims, in particular claims for damages, are excluded unless we or those for whom we are responsible have acted with intent or gross negligence.
21.Used items are sold as is and are without any warranty.
22.If the buyer refuses to accept the ordered goods, orif the order is canceled within two weeks of receipt of the order confirmation or if the customer does not comply with a grace period of at least two weeks, we can withdraw from the contract or demand compensation for non-performance.As such, we can demand at least 50% of the agreed price unless the buyer proves that no damage or not in the amount of this flat rate has occurred.If there is evidence of higher damage, we can claim this.If the buyer is in default of acceptance and/or acceptance, we are entitled to store the items to be delivered at the expense and risk of the buyer with a freight forwarder or warehouse.We can demand a reasonable fee for storage with us.
23.Claims for damages, for whatever legal reason, only exist against us if we or the persons for whom we are responsible can be shown to have acted with gross negligence or intent.In addition, claims for damages of any kind are excluded, regardless of whether it is a matter of breaching a primary or secondary obligation, in particular an obligation to provide advice or information, or an omission.This applies in particular to accompanying and consequential damages as well as consequential damages of any kind.
24.In the event of liability, our liability is limited to the direct and/or foreseeable damage, at most 20% of the price agreed for the delivery.
25.The delivered goods remain our property until all claims, including ancillary claims, claims for damages and final encashment of checks and bills of exchange have been met.Insofar as individual claims are included in a current account, the retention of title remains in place even if the balance is drawn and acknowledged.Goods that are subject to retention of title may only be resold, further processed or installed in compliance with the following provisions and only if the corresponding claims are actually transferred to us.For the rest, the pledging or security transfer of the reserved goods orof the assigned claims is inadmissible.Other dispositions require our prior written consent.The buyer is obliged to inform us immediately of the respective storage location of the goods and to inform us immediately of any attachments.He has to bear the costs for the return of seized goods or goods taken to another location.
26.If the buyer sells or processes the goods subject to retention of title in the ordinary course of business, he hereby assigns to us all claims to which he is entitled, including all ancillary rights and any balance claims.We hereby accept the assignment.If the goods subject to retention of title are installed in a property, the above assignment of claims applies accordingly, including the right to grant a security mortgage with priority over the remaining claimants.Insofar as the goods are processed, mixed or blended and we are entitled to co-ownership, we acquire the purchase price claim on a pro rata basis.The buyer is authorized, as long as he meets his payment obligations towards us, to collect the assigned claims.However, the money received must be kept separately and paid to us immediately.The authorization to collect expires upon revocation, but no later than upon default of payment by the buyer or in the event of a significant deterioration in the buyer's financial situation, in particular when an application is made to open insolvency proceedings.In these cases, we are permitted to inform the customer of the assignment and to collect the claims ourselves.Upon request, the buyer is obliged to provide us with an exact list of the claims to which he is entitled with the name and address of the customer, the amount of the
individual claims, date of invoice, etc.and to provide us with all information necessary for the assertion of the assigned claims as well as to allow the verification of this information
27.If the value of the security existing for us exceeds all of our claims by more than 20%, we will release them at our discretion upon request. If we take back goods due to the retention of title, there is only a withdrawal from the contract if this is expressly agreed by us is explained.We are entitled to satisfaction from the reserved goods taken back by private sale.The buyer keeps the reserved goods safe for us free of charge.He has to insure them against the usual risks to the usual extent and hereby assigns to us his claims for compensation to which he is entitled from damages against insurance companies or other parties liable to pay compensation in the amount of the respective invoice value of the goods.We accept the assignment.
28.D'85235 Odelzhausen is agreed as the place of performance for the obligation of both contracting parties.
29.Munich is agreed as the place of jurisdiction for all claims arising from the business relationship with merchants.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.
30.Munich is also agreed as the place of jurisdiction for actions on bills of exchange and checks, regardless of the place of payment for these papers.
31.German law applies exclusively to the legal relationship.
32.Changes and additions to concluded contracts and amendments to these terms and conditions must be in writing to be effective.Telephone calls and verbal agreements are only valid if and insofar as they are confirmed in writing and are not immediately contradicted.
33.Should one of the expressly agreed contractual terms or a clause in these General Terms and Conditions prove to be wholly or partially invalid or unenforceable, the rest of the contract should nevertheless remain valid.Instead of the wholly or partially invalid or unenforceable contractual provision or clause,
an additional provision that comes closest to its economic meaning applies, otherwise the statutory provisions.
My garbage can – Sana Design GmbH, Odelzhausen