Terms & Conditions
General Terms and Conditions of Service
I. Scope and Offer
All business transactions between the seller and the buyer are exclusively subject to the following terms and conditions. These terms and conditions also apply to all future deliveries of the seller, even if they are not expressly agreed to again.
Conflicting or differing business terms or agreements of the buyer apply only with the written consent of the seller.
Latest upon receipt of the goods or services from the seller, these terms and conditions shall be deemed accepted.
Verbal collateral agreements and contract amendments shall only be valid in writing. The same applies for the guaranteed quality of the delivered goods.
The seller’s offers are subject to change without notice.
In the absence of specific instructions from the buyer on the choice of shipping route, the seller selects the shipping method after due consideration. Is pickup is agreed on, the buyer must pick up the delivery within 3 days following notification that the order is ready. Otherwise, the seller will select a shipment method without further input from the buyer, and the buyer bears the costs of the shipment.
Deliveries will generally be made from the warehouse in Aschheim near Munich. Delivery in the Federal Republic of Germany is free to resellers (dealers) starting with a minimum net order value of 750 €.
Should the buyer wish for a method of shipment that is not the most economic option, the buyer bears the additional costs.
III. Delivery weight
The delivery weight determined by the supplying plant during shipment is decisive for determining the delivery weight.
IV. Shipping and Term of Acceptance
The agreed-on delivery period begins with the order confirmation, but not before the arrival of the documents, permits, and approvals that must be presented by the buyer. Should the seller exceed the agreed delivery date by more than 4 weeks, the buyer may grant a grace period for the fulfillment of 1 month. If delivery is not made even after the expiry of the grace period, the buyer is entitled to withdraw from the contract.
The withdrawal should be made immediately in writing, but at the latest within 2 weeks after the expiry of the grace period.
The buyer is not entitled to withdraw from the contract if the seller cannot meet the deadline through no fault of his own. In this case, the buyer can withdraw from the contract three months after exceeding the original delivery date.
If events occur that prevent or impede delivery or transport for which the seller is not responsible, the seller has the right to withdraw from the contract or to postpone delivery until the obstacle is removed. The seller shall communicate these circumstances to the buyer immediately. Partial deliveries that have already been completed are regarded as a separate transaction. The settlement of partial deliveries may not be refused on the grounds of the remaining undelivered quantities. If the delivery is postponed for the mentioned reasons, the buyer has no right to a grace period or to withdrawal from the contract. If the late delivery/partial-delivery or non-delivery/partial non-delivery is due to the gross negligence of the buyer, the claim for compensation is limited to the foreseeable damage. Otherwise, claims for compensation are excluded.
V. Transfer of risk
Unless otherwise agreed, risk is transferred to buyer at the point when the shipment is dispatched from the warehouse. The buyer bears the risk for all deliveries taken during return transport, as well as for packing during the round trip transportation, unless the shipper is legally liable.
VI. Seller’s right of withdrawal
If the buyer does not accept the delivery, the seller is entitled to withdraw from the contract or to demand compensation for non-performance after setting a grace period of two weeks.
VII. Prices and payment
All ex stock prices are in €, including packaging costs, unless these are charged separately or otherwise agreed upon. The valid price on the date of delivery plus the taxes listed separately in the invoice constitutes the agreed-upon price.
The conditions of the seller that appear on the invoices govern the payment of the invoice amounts. Invoices must be paid within 10 days with 2% discount, or within 20 days net, unless other payment arrangements are agreed in writing.
The term of the payment period indicated on the invoice begins with the invoice date. This applies particularly to the calculation of the time limit for the 2% discount.
Payments are made according to the conditions selected by the seller.
Checks are only accepted on account of performance after deduction of the incurred costs and fees, without a reduction of the purchase price.
Obvious defects are to be communicated to the seller immediately, at the latest within 3 consecutive working days after receipt of the delivery at the destination location. Within this period, the buyer must send samples of the contested delivery to the seller.
If there is a defect, the buyer may only demand a new shipment of the contested delivery. If the subsequent delivery does not remedy the defect, the buyer is only entitled to a price reduction or cancellation. The agreed-upon warranty also applies to all goods delivered in the course of remedying the defect.
Claims regarding the absence of guaranteed properties or warranties can only be honored if the seller confirms them in writing. In this case, the buyer has the right to cancellation, reduction or compensation. For consequential damages, however, the seller is liable only if there is a separate agreement in this respect. Further claims for direct or indirect damages are excluded, unless liability is mandatory in cases of intent or gross negligence.
All products of the seller and their respective pictures, brochures, advertising leaflets, etc., and the information contained therein regarding chemical composition, weight, and effectiveness are only approximate unless expressly designated as binding. The seller is liable for verbal or written technical advice only in the case of intent or gross negligence; this also applies to any possible rights of third parties. The buyer is not exempt from the requirement to test the products for their suitability. This applies even if the delivered product is generally recommended for a particular purpose.
For any possible liability of the seller, the agreed-upon clauses regarding liability for defects apply accordingly.
IX. Retention of title
The delivery remains the property of the seller until full payment of all outstanding claims resulting from the joint business relationship, including interests and costs. The buyer is revocably entitled to resell the products within the ordinary course of business. Any other exercise of rights, in particular a pledge, assignment, or transfer by way of exchange, is not permitted. A seizure made by a third party, or any other impairment of the rights to the goods owned by the seller, is to be reported to the seller immediately. The buyer assigns to the seller all claims and ancillary rights deriving from resale or from the business relationship with customers in connection with the resale. In the event that the goods are sold by the buyer together with other goods not belonging to the seller, the assignment of purchase price claims apply only to the value of the seller’s goods.
If the buyer is late in fulfilling his payment duties to the seller, or violates the claims of the agreed-upon retention of title, or if a legal action or bankruptcy proceedings are started against his assets, then all accounts receivable owed to the seller by the buyer are immediately due for payment, including those due for payment according to these terms and conditions.
If the entire balance is not paid immediately, the seller is entitled to demand the immediate surrender of the goods excluding any rights to retention of goods. All costs incurred in the repossession of the goods, in particular transport and examination costs, are borne by the buyer. The seller is in this case entitled to sell the repossessed goods of sale on the open market at the best possible rate, including accessories, after previous notice and without prejudice to the payment obligation of the buyer. After deducting any costs, the proceeds will be credited to the buyer’s total obligations.
If individual provisions of these terms and conditions or of the delivery transaction are or become invalid, the validity of the remaining provisions shall not be affected. The contractual partners are required to agree on a new provision that most closely meets the purpose of the invalid provision.
The legal relationship between the seller and buyer are governed exclusively by the laws of the Federal Republic of Germany.
Place of fulfillment for all obligations from the delivery and jurisdiction for all resulting disputes is exclusively Munich.
Our General Terms and Conditions apply.