§ 1 Offer and conclusion of contract
The order, signed by the customer, is a binding offer. We can accept this offer within two weeks by sending an order confirmation or send the ordered goods within this period.
§ 2 Provided Documents
On all documents, provided to the customer in connection with placing the order, e.g. we reserve the property rights and copyrights for calculations, drawings, pictures etc. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the customer’s offer within the period of § 1, the documents have to be returned to us immediately.
§ 3 Prices, payment and default
(1) The payment of the purchase price has to be made only to the mentioned bank accounts. Deduction of cash discounts is only permitted with a special written agreement. (2) The payment is made in advance, bank transfer or direct debit (for existing customers only). (3) In the case of abroad deliveries, the purchaser must bear customs duties and other costs incurred. (4) Unless otherwise agreed or stated on the invoice, our invoices are payable without deduction 10 days after the invoice date. If the payment deadline is exceeded, we are also entitled without delay to demand interest on arrears in the amount of 2% with the discount rate of the European Central Bank. If the customer is in arrears with an agreed payment by installments at a rate longer than one week, the outstanding installments are due immediately. A reminder fee of € 5 is payable for each reminder (5) If the customer is in arrears with the payment of due invoice amounts, we can assert a right of retention against the customer due to our delivery obligations from other contracts that are related to this in an economic context. The customer can avert the exercise of the right of retention by providing appropriate security. (6) The withholding of payments due to any counterclaims or on the purchaser’s invoices is excluded, unless the claims are undisputed or legally established. (7) We are entitled to offset payments on the customer’s older debts, if we inform him of the nature of the settlement, despite contrary provisions of the customer. If costs and interest have already arisen, we are entitled to offset the payment first against the costs, then against the interest and finally against the main service.
§ 4 Delivery times
(1) The beginning of the delivery time specified by us presupposes the timely and proper fulfillment of the obligations from the customer. The exception of the unfulfilled contract remains reserved. (2) If the customer defaults on acceptance or culpably violates other duties to cooperate, we are entitled to demand compensation for the resulting damage, including any additional expenses. Further claims remain reserved. The purchaser, in turn, reserves the right to prove that the requested amount of damage did not occur at all or at least significantly less. The risk of accidental loss or accidental deterioration of the purchased item passes to the purchaser at the point in time when the purchaser is in default of acceptance or debtor. (3) We are not liable in the event of a delay in delivery which we have not caused intentionally or through gross negligence. (4) Other legal claims and rights of the customer due to a delay in delivery remain unaffected.
§ 5 Cooperation obligations
(1) For assembly work, the customer undertakes to provide the contractor with the cable laying, fresh and waste water plans free of charge before the order is carried out. The client assumes no liability for damage to cables and lines during the execution of the order if the plans mentioned are not made available to him in good time. (2) The customer undertakes to adequately back up the data on the storage medium before installing software by the contractor. During the installation, the customer has the installation CDs, DVDs and disks ready for the software already installed on the computer. If there are delays in the execution of the order due, to the fact that the installation media of the software that has already been installed, are not provided by the customer, the resulting costs will be invoiced separately. (3) The customer has to provide the contractor with all documents and information for adapting products to existing conditions and the devices to be controlled / adapted. The client assumes no liability for damage to devices to be controlled / adapted when the order is executed if the documents or information mentioned are not made available to him in good time or inadequately.
§ 6 Retention of title
(1) We reserve ownership of the delivered item until all claims from the delivery contract have been paid in full. (2) The purchaser is obliged to treat the goods with care as long as the ownership has not yet passed to him. In particular, he is obliged to adequately insure them against theft, fire and water damage at their replacement value at his own expense (note: only permitted when selling high-quality goods). If maintenance and inspection work must be carried out, the customer has to carry this out in good time at his own expense. As long as ownership has not yet passed, the customer has to notify us immediately in writing if the delivered item is seized or is subject to other third party interventions. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer is liable for the loss we incurred. (3) The editing, processing or transformation of the purchased item by the purchaser has to be always done in our name and on our behalf. In this case, the purchaser’s entitlement to the purchased item continues with the remodeled item. If the object of sale is processed with other objects that do not belong to us, we acquire co-ownership of the new object in the ratio of the objective value of our object of purchase to the other processed objects at the time of processing. The same applies in the event of mixing. If the mixing takes place in such a way that the customer’s item is to be regarded as the main item, it is agreed that the customer transfers co-ownership to us on a pro rata basis and the resulting sole or co-ownership is kept for us. To secure our claims against the purchaser, the purchaser also assigns to us claims that accrue to him from a third party through the connection of the goods subject to retention of title with a property; we accept this assignment now. (4) We undertake to release the securities to which we are entitled at the request of the customer, insofar as their value exceeds the claims to be secured by more than 20%.
§ 7 Warranty and notice of defects
(1) Obvious defects are to be reported to us in writing by the buyer within 2 weeks of delivery of the contractual item. (2) The customer initially has the choice of whether the supplementary performance should take the form of rectification or a replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the customer are excluded. With the unsuccessful second attempt, rectification is deemed to have failed, unless the nature of the thing or the defect or the other circumstances in particular do not indicate otherwise. If the supplementary performance has failed or if we have refused the supplementary performance as a whole, the purchaser can choose to reduce the purchase price (reduction) or to withdraw from the contract. (3) The customer can only assert claims for damages under the following conditions due to the defect if the supplementary performance has failed or we have refused the supplementary performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected. (4) Without prejudice to the above regulations and the following liability restrictions, we are fully liable for damage to life, limb and health that is based on a negligent or willful breach of duty by our legal representatives or our vicarious agents, as well as for damage that is covered by liability in accordance with the Product Liability Act , as well as for all damages that are based on willful or grossly negligent breaches of contract as well as malice, our legal representatives or our vicarious agents. Insofar, as we have given a quality and / or durability guarantee for the goods or parts thereof, we are also liable within the scope of this guarantee. We are only liable for damage based on the lack of the guaranteed quality or durability, but which do not occur directly on the goods, if the risk of such damage is clearly covered by the quality and durability guarantee. (5) We are also liable for damage caused by simple negligence insofar as this negligence concerns the violation of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we are only liable if the damage is typically associated with the contract and is foreseeable. In addition, we are not liable for simple negligent violations of non-essential contractual obligations. The limitations of liability contained in sentences 1–3 also apply insofar as the liability for legal representatives, executives and other vicarious agents is concerned. (6) Any further liability, in particular for damage caused by manipulation of the customer, opening of delivered devices or improper handling by the customer, is excluded regardless of the legal nature of the claim asserted. Insofar, as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, co-workers, representatives and vicarious agents. (7) The warranty period is 2 years, calculated from the transfer of risk, for used items and accumulators 1 year. This deadline also applies to claims for compensation for consequential harm caused by a defect, as long as no claims based on tort are made.
§ 8 Note according to the Battery Ordinance
In connection with the sale of batteries and rechargeable batteries, as a dealer we are obliged to inform our customers of the following: You are legally obliged to return batteries. As an end user, you can also return batteries and accumulators from our range to our point of sale free of charge. You can also return the rechargeable batteries and batteries to a municipal collection point or to local retailers. Batteries and accumulators that contain pollutants are marked with the symbol of a crossed out garbage can and the chemical symbol of the respective pollutant (e.g. “Cd” for cadmium, “Pb” for lead, “Hg” for mercury).
§ 9 Note according to the packaging ordinance
If our packaging (sales packaging, outer packaging and transport packaging) is provided with a label, according to which we are involved in a system that ensures that used packaging is regularly collected from you or in your area in a sufficient way (e.g. “Green Dot”) , please dispose of the packaging accordingly. If the packaging is not marked with this label, we are also obliged in accordance with Section 6 (1) of the Packaging Ordinance to take back used and emptied packaging at the point of actual delivery or in its immediate vicinity, to recycle it in accordance with the statutory provisions and to fulfill the return policy. and evidence of recovery requirements. You can also drop off the packaging if there is a waste disposal company or a municipal collection point near you that can collect the packaging free of charge. If this is not the case, you can send the packaging back to us by post free of charge. We will refund the postage.
§ 10 Further Information
(1) This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). (2) Should be there individual provisions of this contract or become invalid or contain a loophole, the remaining provisions remain unaffected.
