Terms of Service
§ 1 General – Scope
(1) Our contractual conditions apply exclusively; We do not recognize conditions of the customer that contradict or deviate from our contractual conditions, unless we have expressly agreed to their validity in writing. Our contractual terms and conditions also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
(2) All agreements made between us and the customer for the purpose of executing this contract are set out in writing in this contract.
(3) Our contractual conditions only apply to entrepreneurs within the meaning of Section 310 (1) BGB.
§ 2 Offer – Offer Documents
(1) If the order qualifies as an offer according to §145 BGB, we can accept it within 2 weeks.
(2) We reserve property rights and copyrights to illustrations, drawings, calculations and other documents. This also applies to those written documents that are designated as “confidential”. Before passing them on to third parties, the customer requires our express written consent.
§ 3 Prices – Terms of Payment
(1) Unless otherwise stated in the order confirmation, our prices apply “ex works”, excluding packaging; this will be billed separately.
(2) Statutory sales tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.
(3) The deduction of a discount requires a special written agreement.
(4) Unless otherwise stated in the order confirmation, the purchase price is due for payment net (without deduction) within 10 days of the invoice date. The legal rules regarding the consequences of default in payment apply.
(5) For the order of storage equipment and storage technology, the parties agree on installments, which are due as follows:
30% of the gross order amount 10 days after receipt of the order confirmation
35% of the gross order amount 10 days after delivery of the goods
35% of the gross order amount after technical acceptance
(6) The remuneration for repair and maintenance services as well as shelf inspection is due 10 days after the service has been performed and the invoice has been sent.
(7) The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. He is also authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 4 delivery time
(1) The beginning of the delivery time specified by us assumes the clarification of all technical questions.
(2) Compliance with our delivery obligation also requires the timely and proper fulfillment of the customer’s obligation. The exception of the unfulfilled contract remains reserved.
(3) In the event of force majeure, illegal or non-illegal labor disputes, the delivery time is extended accordingly. We will notify the customer immediately of the beginning and end of such impediments to performance.
(4) If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we incur in this respect, including any additional expenses. We reserve the right to make further claims.
(5) If the requirements of Paragraph (2) are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the purchaser at the point in time at which he is in default of acceptance or default.
(6) We are liable in accordance with the statutory provisions insofar as the underlying purchase contract is a firm deal within the meaning of Section 286 (2) No. 4 BGB or Section 376 HGB. We are also liable according to the statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that his interest in the further fulfillment of the contract has ceased.
(7) We are also liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; any fault on the part of our representatives or vicarious agents is attributable to us. If the delivery contract is not based on an intentional breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.
(8) We are also liable in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible is based on the culpable violation of an essential contractual obligation; in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.
(9) Otherwise, we are liable in the event of delivery
§ 7 Liability for defects for the delivery of unused new goods as well as planning and assembly services, shelf inspection
(1) The purchaser’s claims for defects presuppose that he has properly complied with his inspection and complaint obligations according to § 377 HGB.
(2) If there is a defect in the purchased item, the customer is entitled, at his discretion, to subsequent performance in the form of a defect removal or to the delivery of a new, defect-free item. In the event of the removal of the defect, we are obliged to bear all expenses required for the purpose of the removal of the defect, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the purchased item was moved to a location other than the place of performance.
(3) If the supplementary performance fails, the customer is entitled, at his option, to withdraw from the contract or to demand a reduction in price.
(4) We are liable in accordance with the statutory provisions insofar as the customer asserts claims for damages that are based on willful intent or gross negligence, including willful intent or gross negligence on the part of our representatives or vicarious agents. Unless we are accused of intentional breach of contract, liability for damages is limited to foreseeable, typically occurring damage.
(5) We are liable in accordance with the statutory provisions if we culpably violate an essential contractual obligation; in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.
(6) Insofar as the customer is entitled to compensation for damage instead of performance, our liability is also limited within the framework of Paragraph (3) to compensation for the foreseeable, typically occurring damage.
(7) Liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
(8) Unless otherwise regulated above, liability is excluded.
(9) The limitation period for claims for defects is 12 (twelve) months, calculated from the transfer of risk.
(10) The limitation period in the event of delivery recourse according to §§ 478, 479 BGB remains unaffected; it is five years from the delivery of the defective item.
§ 8 Joint Liability
(1) Any further liability for damages than provided for in § 7 is excluded – regardless of the legal nature of the claim asserted. This applies in particular to claims for damages due to negligence when concluding the contract, due to other breaches of duty or due to tortious claims for compensation for property damage according to § 823 BGB.
(2) Insofar as the liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, workers, employees, representatives and vicarious agents.
§ 9 Exclusion of liability for defects in the delivery of used goods
If the delivery of used items is part of the contract,
liability for defects in the goods themselves is excluded. Sections 7 and 8 of these GTC apply with regard to planning and assembly services and shelf inspections
§ 10 retention of title
(1) We reserve title to the purchased item until all payments from the delivery contract have been received. In the event of breach of contract by the customer, especially in the event of default in payment, we are entitled to take back the purchased item. If we take back the purchased item, we do not withdraw from the contract unless we have expressly stated this in writing. If we seize the purchased item, we always withdraw from the contract. After taking back the purchased item, we are authorized to dispose of it; the proceeds from the sale are to be offset against the purchaser’s liabilities – less reasonable disposal costs.
(2) The customer is obliged to treat the purchased item with care; In particular, he is obliged to insure them adequately at replacement value at his own expense against fire, water and theft damage. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense.
(3) In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can take legal action in accordance with Section 771 ZPO. 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 incur.
(4) The customer is entitled to resell the object of sale in the ordinary course of business; However, he already now assigns to us all claims in the amount of the final invoice amount (including VAT) of our claims that arise from the resale to his customers or third parties, regardless of whether the K