Terms of service

General Terms and Conditions of Sale and Delivery (Version May 2014)
1. For all offers, deliveries and services apply
the following terms and conditions, also for all future ones
Legal relationships without there being a special agreement or
Reference required. are the customer's terms and conditions of business or purchase
only effective if and to the extent that we acknowledge them in writing; a contradiction
is not required.
2. Our offers are non-binding. Our employees and agents own
No authority to close or amend 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, failing that, is laid down in our order confirmation and
remains unobjected within one week of receipt. Give way to ours
Order confirmation differs from the customer's order, the deviation applies
as approved if not within two weeks of receipt of our
Order confirmation, is objected to in writing. To meet the deadline is the
Receipt of the objection by us is decisive.
3. All prices are exclusive of those valid on the day of delivery
statutory VAT. Unless otherwise agreed, the respective price applies
from Odelzhausen. Those in our order confirmation or in the purchase contract
Prices specified are binding for us insofar as they are not during the
Execution of the order an increase in material prices or wages occurs.
An increase in these costs entitles us to adjust the final price
the costs that have increased in the meantime. In dealings with non-merchants we are under
above conditions entitled to a reasonable price increase if the
Service or delivery not within four months after conclusion of the contract
is to be provided. 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 client is excluded.
4. If freight, charges or fees are introduced after the conclusion of the contract
or increased, we are entitled - even in the case of carriage paid and/or duty paid delivery
change the price accordingly.
5. Our invoices are for immediate payment in cash after
Invoice receipt due unless special payment dates have been agreed.
Granted terms of payment become invalid if the buyer informs us
Other claims defaults or bill protests, the application
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. change and
Checks are only accepted subject to their encashment and discountability
accepted and always only on account of payment. Should payment papers no longer
be discountable, we can debit them back immediately and demand cash payment.
Exchange tax and discount charges are to be borne by the buyer and immediately upon posting
to remunerate. Credits are always subject to receipt and are made at the same time
Value date 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. owed.
8. The client is not entitled to a right of retention. If he is not a businessman
he has a right of retention at best to the extent that it
is based on the same contractual relationship.
9.The set-off is only possible with one of us recognized or legally binding
claims established against us are permissible, but otherwise excluded
The client can only assert claims of any kind against us with our
with written consent. Counterclaims are excluded.
10. Delivery times begin with the date of our order confirmation. So far
If an exact delivery date or delivery times have been agreed, the buyer can
Only derive legal consequences from exceeding it if he gives us a written
has set a reasonable grace period of at least three weeks. upon delivery
A reasonable period of at least three weeks from receipt of the call applies
as agreed with us.
11. Deadlines do not run or are extended accordingly if the customer
Obligations incumbent on him, in particular advance payments, not made on time
provides. The date of crediting to our account is decisive. events
Force majeure entitle us, even if they are with a sub-supplier or
subcontractors occur, the delivery or service for the duration of the hindrance
and a reasonable start-up time or because of the not yet
completed part of the contract to withdraw in whole or in part. of force majeure
stand for strike, lockout, mobilization, war, blockade, expulsion and
Import bans, traffic blocks and other circumstances, especially not
timely self-supply, equal, which can not be influenced by us and
which make delivery unreasonably difficult or impossible for us.
12. If we are in default of delivery after setting the stipulated period of grace,
The buyer is entitled to withdraw. beyond that
Claims for damages, in particular due to late delivery
excluded, insofar as we or the persons for whom we are responsible are not
intent or gross negligence.
13. Even if postage paid has been agreed, shipping is at the risk of the
buyer's. Transport insurance will only be taken out on written instructions and at the expense of the
Buyer's completed.
14. If the removal of goods ready for dispatch or their
Shipping as a result of circumstances for which we are not responsible, the risk passes
from the day of readiness for dispatch to the buyer. Delivery times apply in
in this case as fulfilled on the day of readiness for dispatch.
15. Partial deliveries are permitted and are then considered separate
transactions to be settled.
16. Complaints will only be made within eight days of receipt of the
Goods considered! The notice of defects must be in writing, stating the
If there is a shortage.
17. The assertion of warranty claims against us presupposes that
that our goods are used in a documented manner in accordance with our regulations
were. Before the use or further processing of the delivered goods, the
Recipients to examine them closely and verify that they are for the
is suitable for the intended use, after use or
Processing, complaints are excluded.
18. Non-merchants are entitled to give notice of defects in accordance with the statutory provisions
Regulations too
19. In the case of justified complaints, we have the choice between
Remedy, replacement delivery, price reduction or withdrawal of the goods.
If we choose a replacement delivery or repair, the buyer retains the right
reserved, in the event of unsuccessful rectification or replacement delivery, reduction
or, at his option, to demand cancellation of the contract.
Further claims, in particular claims for damages, are excluded,
unless it can be proven that we or those for whom we are responsible acted intentionally or
gross negligence is charged.
20.Used items are sold as is
to the exclusion of any warranty
21. Insofar as we carry out formwork work ourselves, the above also apply
Application of legal regulations the provisions of the VOB part B in the respective
Version valid at the time of conclusion of the contract as agreed. This applies in particular to
Scope and duration of the warranty, which is set at a maximum of 2 years.
22. If the buyer refuses to accept the ordered goods or if he comes to one
if he fails to comply with the grace period of at least two weeks, we can
cancel the contract or demand compensation for non-performance. as
We can request at least 20% of the agreed price if the
Buyer fails to prove that there was any damage whatsoever or not amounting to this
flat rate has been incurred. If there is evidence of higher damage, we can claim this Claim
. If the buyer is in default of acceptance and/or acceptance, we are entitled
the items to be delivered at the expense and risk of the buyer at a
carrier or warehouse to store. We can arrange for storage with us
demand an appropriate fee.
23. Claims for damages, for whatever legal reason, are against us
only given if we or the persons for whom we are entitled
can be proven to be due to gross negligence or intent. Furthermore
Claims for damages of any kind are excluded, specifically
regardless of whether it is a breach of a primary or secondary obligation,
particularly the obligation to provide advice or information or an omission. this applies
Especially for accompanying and consequential damages as well as consequential damages
of what kind.
24. In the event of liability, our liability is limited to the immediate
and/or damage foreseeable for us, at most 20% of that for the delivery
agreed price.
25. Until the complete fulfillment of all claims,
including ancillary claims, claims for damages as well as final
The delivered goods remain our property after the cashing of checks and bills of exchange.
Insofar as individual claims are included in a current account, it remains
The retention of title also exists if the balance has been drawn and acknowledged
will. Goods subject to retention of title may only be taken into account
of the following provisions resold, further processed or
are installed and only if the corresponding requirements are actually met
Pass to us. For the rest, the pledging or security transfer
of the reserved goods or the assigned claims is not permitted. Other
Orders about this require our prior written consent. Of the
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 the
to bear the costs for the retrieval of goods that have been seized or taken to another location.
26. Insofar as the buyer in the ordinary course of business
If goods subject to retention of title are sold or processed, he hereby relinquishes all rights to which he is entitled
Claims including all ancillary rights and any balance claims
us. We hereby accept the assignment. When installing the reserved goods in a
property, the above assignment of claims applies accordingly
including the right to be granted a security mortgage with priority over the
remaining claim holders. Insofar as the goods are processed, mixed or blended
and we are entitled to co-ownership, we acquire the purchase price claim in
proportionally.The buyer is authorized as long as he meets his payment obligations
complies with us to collect the assigned claims Das
Money received must be kept separate and sent to us immediately
dissipate. The direct debit authorization expires upon revocation, but at the latest upon
Default in payment by the buyer or in the event of a significant deterioration in the
Financial circumstances of the buyer, especially when applying for opening
of the insolvency proceedings. In these cases, we are permitted to
Notify us of the assignment and collect the claims ourselves. The buyer is
obliges us, upon request, to provide us with an exact list of the
To hand over claims with the name and address of the customer, amount of the individual claims, date of invoice etc. and all of us for
the information necessary for the assertion of the assigned claims
and to allow the verification of this information
27. If the value of the security existing for us exceeds ours
all claims by more than 20%, we will settle them upon request
Release at our discretion - do we take back goods due to the retention of title,
there is only a withdrawal from the contract if this is expressly declared by us
will. We are satisfied with the returned goods subject to retention of title
Eligible for private sale. The buyer keeps the reserved goods for us
free of charge. He has them against the usual dangers to the usual extent
insure and hereby submits its claims for compensation arising from damage
are entitled to against insurance companies or other parties liable to pay compensation
from us in the amount of the respective invoice value of the goods. We accept the assignment
hereby.
28. The place of performance for the obligation of both parties to the contract is D-
85235 Odelzhausen agreed.
29. As place of jurisdiction for all claims arising from the business relationship
Munich is agreed upon with merchants. The same place of jurisdiction applies if the
Buyer has no general place of jurisdiction in Germany after conclusion of the contract
relocates or has his domicile or habitual abode out of Germany
Domicile or habitual abode at the time the action is filed
is known.
30. Munich will also be the place of jurisdiction for actions on bills of exchange and checks
agreed without regard to the place of payment of these papers.
31. German law applies exclusively to the legal relationship.
32. Changes and additions to concluded contracts and amendments
These terms and conditions must be in writing to be effective.
Telephone calls and verbal agreements are only valid if and
if they are confirmed in writing and not immediately contradicted.
33. Should one of the expressly agreed contractual terms or
a clause of these GTC is wholly or partially invalid or unenforceable
prove, the rest of the contract should nevertheless apply. Instead of the whole or
partially invalid or unenforceable contractual provision or clause
an additional regulation that comes closest to its economic sense,
Otherwise the legal regulations.

My Mülltonne – Sana Design GmbH,

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