General terms and conditions of business
I. Terms of payment
All prices are pick-up prices. The purchase price is payable in full upon delivery or collection of the goods, unless a different arrangement has been agreed.
In the case of custom-made products, an appropriate down payment, usually 50% of the purchase price, must be made immediately. Unless otherwise agreed, the price of the current price list applies. Telephone orders require written confirmation.
II. Object / deviations
Products in standard design are sold according to the sample. Customary or minor deviations in material, shape, dimensions, surface, colour etc. are in accordance with the contract and cannot be objected to. All dimensions are agreed as approximate.
In case of defects of the goods, claims of the buyer for cancellation of the purchase contract or for reduction of the purchase price (reduction) are excluded. Instead, the buyer may demand that the goods be repaired within a reasonable period of time. If the seller does not comply with this obligation, the buyer may assert his right to rescission of the contract or reduction of the purchase price.
In the case of custom-made products, the buyer/orderer can only assert rescission or reduction if, after an unsuccessful attempt of rectification, a further attempt has not led to the rectification of the notified defect. Obvious defects must be reported to the seller immediately (within 14 days of delivery). If the buyer wants to preserve the warranty claims, he may not use the goods complained about.
IV. Terms of delivery
The delivery period stated on the purchase contract is not binding. However, if the delivery deadline is not met, the buyer must set the seller a reasonable deadline (usually 6 weeks) and can withdraw from the contract after the deadline has expired without success.
V. General liability
The seller is only liable to the buyer for damages if he or his vicarious agent can be accused of intent or gross negligence. The risk of having to pay the purchase price in spite of loss or damage is transferred to the buyer when the goods are handed over to the forwarding agent or to the buyer.
VI. Retention of title
The seller remains the owner of the goods until full payment of the purchase price. Until the payment claims of the seller have been met, the items may not be resold, rented, lent or given away, nor may they be repaired by third parties. Transfer of ownership by way of security and pledging are also prohibited. If the customer resells the goods, he assigns the claim from the resale to his buyer or third parties to the seller.
For the duration of the retention of title, the customer is entitled to possess and use the object of purchase as long as he fulfils his obligations from the retention of title and is not in default of payment. If the customer is in default of payment or does not fulfil his obligations arising from the retention of title or the purchase contract, the seller can reclaim the object of purchase from the buyer and, after setting a reasonable deadline of time, make the best possible use of the object of purchase by selling it in the open market, offsetting it against the purchase price. All costs of taking back and selling the object of purchase shall be borne by the buyer.
VII. Final clause
In the event of invalidity of one of the above clauses, the validity of the remaining terms of delivery shall remain unaffected.
Place of fulfilment and jurisdiction is Frankfurt am Main