The following conditions also apply expressly to current and future business relationships…
For all contracts for goods whose shipment into the customs country requires the issuance of an import permit, timely and complete issuance applies
this license is deemed to be implied. If the licenses are refused, the buyer cannot demand fulfillment of the contract in the customs country. The buyer cannot derive any legal claims from the withdrawal, although the seller’s liability for negligence is also excluded, to the extent permitted by Section 276 of the German Civil Code (BGB). For all contracts for delivery from or from unloading lots or floating or rolling goods, happy arrival and correct and timely self-delivery are reserved.
The choice of type and route of transport for freight-free deliveries is subject to the seller’s free will. The transport risk is borne by the buyer.
Force majeure, unforeseeable difficulties due to a lack of raw materials, operational restrictions and shutdowns, production disruptions in the factories entrusted with the delivery, floods, storms and storms, government orders and/or controls and other events for which the seller is not responsible, release him for the duration of the disruption and its effects from his delivery obligation and do not lead to default. The above-mentioned events also entitle the seller to withdraw from the contract in whole or in part, even if the transaction was concluded during the existence of such circumstances. If the seller defaults, the buyer is obliged to give the seller a reasonable grace period. The buyer may only withdraw from the contract, even if the seller has not notified him of readiness for dispatch by the end of the deadline. A claim for damages due to non-fulfillment or late fulfillment cannot be asserted against the seller unless this is due to intent or gross negligence.
The quantity information entitles the seller to an excess or short delivery of up to 5%.
For sales, the weight and/or number determined in the warehouse is decisive for the calculation.
Any price increases resulting from official measures after the contract has been concluded, caused by taxes, customs duties, freight, foreign exchange rates or other charges or increases of any kind are always at the buyer’s expense.
The delivered goods remain the property of the seller until all claims of the seller, including future claims, have been paid in full. The buyer
is entitled to process and sell the goods, taking into account the following provisions: Pledging or transferring the reserved goods or the assigned claims as security is not permitted. By processing the reserved goods, the buyer does not acquire ownership of the new item in accordance with Section 950 of the German Civil Code (BGB). The processing is carried out by the buyer for the seller.
If the reserved goods are processed with other items that do not belong to the buyer, the seller acquires co-ownership of the new item in proportion to the value of the processed items. The buyer hereby assigns the claims for the reserved goods to the seller, including insofar as the goods have been processed. The seller will not collect the assigned claims as long as the buyer meets his payment obligations. However, the buyer is obliged to give up the third-party debtors to the seller upon request and to notify them of the assignment. He is entitled to collect the claims himself as long as the seller does not instruct him otherwise. The buyer is obliged to insure the goods against the risk of fire and theft and to assign claims under the insurance contract to the seller upon request.
If the security provided by the retention of title exceeds the claim to be secured by 25%, the seller will release fully paid deliveries at his discretion.
Complaints about defects, whether obvious or hidden, must be reported to the seller in writing immediately but within 5 days of the goods arriving at the buyer’s premises. The seller must be given the opportunity to verify the reported defects. Notifications of defects do not release the buyer from his payment obligation. If a complaint is made in a timely manner, the buyer has the right to change or reduce the price. However, we reserve the right to provide a replacement free of charge if the goods in question are returned. If the replacement delivery fails, the buyer retains the right to change or reduce the price. Claims for damages of any kind are fundamentally excluded.
Payments must be made in accordance with the agreements set out on the front page; they must be made exclusively to the seller, in such a way that the seller receives the full value for the delivered goods in a loss-free cash register. From the tenth day after the payment is due, interest of up to 8% can be charged via the Bundesbank discount without prior reminder. Dunning collection fees and any other expenses are at the buyer’s expense.
If payment by bill of exchange is agreed, the discount charges, the bill of exchange stamp and any collection fees are also at the buyer’s expense. Checks and/or agreed bills of exchange are accepted in lieu of payment and are only considered payment after the equivalent value has been received.
If the buyer’s unfavorable credit situation becomes known, the seller has the right to withdraw from the sale or other agreements if the buyer does not provide sufficient security.
Any deviations from the above general terms and conditions of sale are only valid with the seller’s express written consent. Otherwise, in the event of deviations, the written conditions prevail over the printed conditions. German law decides on the contractual relationship. The legal invalidity of individual contractual provisions does not affect the effectiveness of the remaining provisions. An invalid provision is replaced by a regulation that achieves the intended purpose.
Place of fulfillment for all obligations arising from the contract and place of jurisdiction is Seligenstadt. Any disputes of a legal nature arising from the contract should be decided by the Seligenstadt friendly arbitration court or by the ordinary courts, at the seller’s discretion. Also applies to full-time merchants.
