Section 1 Validity of the conditions
The delivery, services and offers of the company are made exclusively on the basis of these terms and conditions. Counterclaims made by the Purchaser with reference to his business or purchasing conditions are hereby contradicted, unless expressly agreed in writing.
Section 2 Offer and conclusion of contract
- Offers featured in brochures, advertisements, etc. are non-binding, even in terms of the price information. For specially-prepared offers, the Contractor shall be bound by a period of 30 calendar days from the date of the offer.
- Collateral agreements, changes, additions and/or other deviations from these terms and conditions are only valid with the express consent of the Contractor. Agreements of this kind must be made in writing.
- The Contractor shall not be liable for information in offers and/or order confirmations which is based on an obvious error, e.g. a spelling mistake. On the contrary, the obviously intended declaration will be applicable.
- The Contractor’s work documents, diagrams, descriptions, samples and estimates must not be distributed, published, reproduced or otherwise made available to third parties without his approval. The documents may be returned, without retaining any copies, on request.
Section 3 Prices, price changes
- The offered prices do not include the statutory VAT.
- The prices do not include postage and packaging costs.
Section 4 Delivery times
- Delivery dates or deadlines, which can be agreed as binding or non-binding, must be specified in writing. Liability is only recognised if an express declaration regarding this has been made by the Contractor.
- The Contractor is only responsible for delays to and/or the impossibility of the delivery and provision of services if he or his legal representatives or vicarious agents have caused the hindrance to performance, either intentionally or through gross negligence. This principle applies in particular to force majeure, strikes, lockouts, official orders, etc., even if these hindrances are encountered by suppliers of the company or their subcontractors. Accordingly, the correct and punctual self-delivery by the Contractor remains reserved. The period of grace set by the Purchaser in the event of a service delay pursuant to the statutory provisions is at least 2 weeks, depending on the order volume. This is calculated after the written notice of the period of grace.
Section 5 Dispatch and transfer of risk
- The risk passes to the Purchaser as soon as the shipment has been handed over to the person responsible for the transportation, or has left the Contractor’s site for the purpose of delivery. If the shipment is delayed or not carried out at the request of the Purchaser, the risk and the notification of readiness for dispatch are transferred to him.
- On the request of the Purchaser, deliveries may be insured in his name and on his behalf.
Section 6 Warranty
- If the service or delivery item provided by the Contractor is defective and/or there are no warranted qualities and/or defects occur within the warranty period due to manufacturing or material defects, the Contractor may choose to provide a replacement or repair the fault, to the exclusion of other warranty claims of the Purchaser. Multiple repairs are permissible.
- The warranty period begins on the date of delivery or acceptance and lasts for 8 working days, unless a longer warranty period is legally required.
- Obvious defects in the work can no longer be claimed for after acceptance. Otherwise, for the purpose of compliance with warranty claims made by the Purchaser, such defects must be reported to the company in writing immediately, within 8 working days following delivery. Defective items must be made available for inspection by the Contractor in the condition that they were in when the fault was discovered.
- Insignificant, acceptable deviations in the dimensions and designs – especially for repeat orders – do not justify objections unless absolute compliance has been expressly agreed. Technical improvements as well as necessary technical changes are also considered to be in accordance with the contract if they do not constitute a negative impact on the serviceability.
- If the operating or maintenance instructions of the Contractor are not followed, if the products are modified, if parts are replaced, or if consumables which do not comply with the original specifications are used, any warranty will lapse if the Purchaser does not disprove a correspondingly substantiated assertion that the defect was only caused by one of these circumstances.
- Liability for normal wear and tear is excluded.
- If a repair or replacement fails after a certain period, the Purchaser may choose to demand a price reduction or to terminate the contract.
- The above provisions of this paragraph are not applicable to the sale of second hand items. These are delivered under the exclusion of any warranties.
- If the Contractor supports the Purchaser beyond his legal obligations to provide information regarding the use of the product, he shall only be liable pursuant to Section 7 if a special fee has been agreed.
Section 7 Limitation of liability
Claims for damages resulting from a positive breach of obligation, culpability following conclusion of the contract, and tortious liability not simultaneously due to the breach of a contractual obligation on the part of the Contractor, are excluded both against the Contractor and his vicarious agents, unless the damage was intentional or caused by gross negligence. This does not apply to claims for damages from property insurance which is intended to protect the Purchaser against the risk of consequential damage. Damage claims pursuant to the Product Liability Act (PrdHG) remain unaffected.