Terms and conditions of bios affair
I. Terms of payment
All prices are pick-up prices. The purchase price is payable in full upon collection of the goods or upon delivery by our employees, 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.
If the goods are shipped by third parties (forwarding agents, etc.) within Germany, a down payment of 50 % of the purchase price is also to be made when the order is placed. The second half is due upon receipt of the goods.
When shipping the goods abroad, advance payment is generally required.
Unless otherwise agreed, the price of the current price list applies. Telephone orders require written confirmation.
II. object / deviations
Serially produced goods 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 dimensions.
III. right of revocation
The buyer’s right of revocation, which he is basically entitled to when concluding a contract by letter, telephone call, fax or e-mail, is excluded according to § 312 BGB for all goods that are manufactured according to customer wishes or are clearly tailored to the personal needs of the customer.
In case of defects of the goods, claims of the buyer for cancellation of the purchase contract (redhibitory action) or for reduction of the purchase price (abatement) 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 conversion or reduction if, after an unsuccessful attempt at 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 receive the warranty claims, he may not use the goods complained about.
V. Terms of delivery
The delivery period stated on the purchase contract is not binding. However, if the delivery period is not adhered to, the buyer must set the seller an appropriate deadline (usually 6 weeks) and can withdraw from the contract after the deadline has expired without success.
VI. general liability
The seller is otherwise 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 shall pass to the buyer upon delivery to the forwarding agent or upon delivery to the buyer.
VIl. 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 against 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 from the reservation of title or the purchase contract, the seller can demand the object of purchase from the buyer and, after threatening to do so with a reasonable period of notice, can 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.
VIII Final Clause
In the event of the invalidity of one of the above clauses, the validity of the remaining terms of delivery shall remain in force.
Place of performance and jurisdiction is Frankfurt am Main
Translated with www.DeepL.com/Translator (free version)