Terms and conditions
1. Area of application
1) Unless expressly agreed otherwise, the following “General Terms and Conditions” (GTC) shall apply to all contracts, deliveries and other services of the Seller in business transactions with entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law or special funds under public law (collectively “Customers”). They shall apply in addition to the customs in timber trade (“Tegernseer Gebräuche”) and the trade customs of the Gesamtverband Holzhandel (BD Holz – VDH) e.V., “Schlussschein Germania 1998”.
2) General Terms and Conditions of the Buyer that deviate from, contradict or supplement the GTC of the Seller shall only be effective and thus become an integral part of the contract if the Seller has expressly consented to them in writing for the individual case. This consent requirement shall apply in any case, for example even if the Seller provides the service to the Buyer without reservation in the knowledge of the Buyer’s GTC.
3) These GTC shall become an integral part of the contract within the scope of an ongoing business relationship between merchants even if the Seller has not expressly referred to their inclusion in the individual case.
4) Individual written agreements made with the Buyer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. Subject to proof to the contrary, a written contract or the written confirmation of the Seller shall be authoritative for the content of such agreements.
5) Legally relevant declarations and notifications to be made by the Buyer to the Seller after the conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction) must be made in text form to be effective.
6) Packaging in accordance with the Packaging Act
The Seller and the Buyer agree that the used, emptied packaging shall remain with the Buyer and shall be reused or recycled by the Buyer and that the Seller shall reimburse the Buyer for the costs of recycling proven by the Buyer. In this way, both parties contribute to avoiding unnecessary take-back costs – with a view to environmental protection and climate neutrality.
2. Offer / contract end
1) Everybody in the catalogues and sales documents of the shop assistant, as well as – untill expressly calls obliging – on the Internet to contained offers is always not-binding and non-binding. They are to be understood only as a request on the delivery by offers.
2) Orders are valid as accepted if they either are confirmed by the shop assistant or are immediately explained after incoming orders.
3) Contradictions to letter of confirmation of the shop assistant must shut to this to unfold effect immediately, at the latest however, within 3 working days on receipt of the letter of confirmation. Otherwise the product is valid as ordered as confirmed.
4) If facts, in particular default are known to the shop assistant after completion of the contract concerning former deliveries, which conclude after dutiful business judgement by the fact that the purchase price claim is endangered by lacking efficiency of the buyer, the shop assistant is entitled to require Zug-um-Zug-Zahlung or suitable securities under settlement of an adequate term of the buyer for his choice and to withdraw in the refusal case from the contract and the calculations are put for already occurred part deliveries immediately due.
3. Delivery, danger crossing, delay
1) Right and timely selfsupply is left. The dates of delivery of the shop assistant have no validity for the case that the right and timely selfsupply does not occur.
2) The danger of the accidental setting and the accidental deterioration of the product goes over at the latest in the handing over on the buyer. By the sending purchase the danger of the accidental setting and the accidental deterioration of the product as well as the delay danger passes over certain person or institution, nevertheless, already in delivery of the product to the forwarding agent, the carrier or, otherwise, for the implementation of the sending.
3) Part deliveries are allowed in reasonable extent.
4) The term of delivery is agreed individually or given by the shop assistant with acceptance of the order. Should no delivery date be given in the order, this is to be tuned individually after completion of the contract in writing.
5) Provided that the shop assistant cannot keep to the obliging terms of delivery for reasons of which he does not have to represent (non-availability of the achievement), he will immediately inform the buyer over here and inform at the same time of the prospective, new term of delivery. If the achievement is also not available within the new term of delivery, the shop assistant is entitled to withdraw all or part from the contract; he will immediately refund an already produced consideration of the buyer. As a case of the non-availability of the achievement in this sense in particular the not timely selfsupply is valid by the supplier of the shop assistant if neither the shop assistant nor his supplier a fault hits or the shop assistant is not obliged in particular cases to the procurement. The regulations of the „final light Germania in 1998“ find suitable application.
6) In case of a delay of delivery the buyer is obliged to explain in writing by request of the shop assistant within an adequate term whether he exists furthermore on delivery or withdraws because of the delay from the contract and/or requires compensation instead of the achievement.
7) Device of the shop assistants in delay of delivery, so the buyer can require pauschalierten substitute of his delay damage. The damage-all-inclusive amounts for every perfect calendar week of the delay to 0.5% of the net price (value of delivery), all together, nevertheless, at most 5% of the value of delivery of the late delivered product. The proof is left to the shop assistant that no damage or only a substantially lower damage than preceding all-inclusive has originated to the buyer.
8) The rights of the buyer according to figure 7 these Terms and Conditions and the legal rights of the shop assistant, in particular by an exclusion of the achievement duty (e.g., on account of impossibility or unreasonableness of the achievement and/or subsequent performance), remain untouched.
4. Prices, payment terms
1) If not differently agrees, the prices topical at the time of the contract end of the shop assistant are valid in each case, namely from camp (plus of legal sales tax) and the purchase price is due with receipt of the product without deduction immediately.
2) If buyers and shop assistants take part in a company debit procedure, it is enough if the advance information (Prenotification) about debit amount and day of maturity to the buyer shuts one day before the maturity.
3) The shop assistant is, also within the scope of a running business connection, entitled any time to carry out a delivery all or part only against precash. He explains a suitable reservation at the latest with the confirmation of order.
4) With default interest is calculated by height of the respective discount rates for overdraft facilities, at least, however, the legal interests on arrears. Perhaps, agreed discount payments are not granted, as far as the buyer is with the payment of former deliveries in delay. Discount payment terms start to run from calculation date in.
5) Device of the buyers by reminder (§286 paragraph 1 Civil Code) in default or he does not discharge a bill at maturity, the shop assistant is entitled after previous reminder to take back the product or herauszuverlangen. Moreover, the shop assistant can prohibit the road creation of the delivered product. The taking back is valid as a resignation of the contract.
6) Payment refusal or-rückbehalt are excluded if the buyer knew the lack or other objection reason by completion of the contract. This is also valid, if he has remained unknown to him as a result of coarse carelessness, unless the shop assistant has hid the lack or other objection reason cunningly or has taken over a guarantee for the state of the thing.
For the rest, the payment may be kept back because of defects or other objections only in an adequate extent. Wood of experts to be named decides in the dispute one about the study group of the wooden expert in the central management on the height. This should also decide on the distribution of the costs of his intercalation at reasonable discretion. To the regulation of the expert is valid at the time of the objection valid expert’s list.
7) A compensation or retention is possible only with indisputable or legally ascertained demands.
8) Becomes after end of the contract recognizable (e.g., by application for opening of an insolvency procedure) that the claim of the shop assistant to the purchase price is endangered by lacking efficiency of the buyer, the shop assistant is entitled according to the legal regulations on the achievement refusal and – if necessary after term settlement – to the resignation of the contract (§321 Civil Code). With contracts about the production of unacceptable things (Einzelanfertigungen) he can explain the resignation immediately ; the legal regulations about the dispensability of the term settlement remain untouched.
5. Qualities of the wood
1) Wood is a natural product; hence, his natural qualities, divergences and signs are always to be followed. In particular the buyer has to consider his biological, physical and chemical qualities by the purchase and the use.
2) The range from natural Colour, structure and other differences within a species of wood hears to the qualities of the natural product wood and shows no complaint or liability reason.
3) If necessary the buyer has to catch up expert advice.
6. Fault, guarantee, liability
1) The qualities of the product, in particular goodness, kind and mass, determine themselves according to the arrangements of the parties. As an arrangement about the state of the product are valid all product descriptions and article names which are the object of the single contract ; makes, on this occasion, no difference whether the product description of the buyer, from the manufacturer or from the shop assistant comes. If such an arrangement is absent, valid appropriate German Institute for Standardization and EN norms are decisive. Conformance explanations and Ce signs show no independent guarantees. Suitability and use risks lie with the buyer.
2) The shop assistant sticks for defects for the purposes of §434 Civil Code only as follows:
The buyer has to examine the received product immediately for amount and state. Evident defects are to be reprimanded within 14 days by written display to the shop assistant. At mutual commercial transactions among businessmen remains §§377, 381 HGB untouched. For the rest, it is expelled to the Tegernseer uses as well as the final light Germania in 1998.
3) If the buyer ascertains defects of the product, he may not dispose of it, i.e. it may not be divided, be resold or be processed, until an arrangement on the winding up of the complaint is achieved or is protected by intercalation of an expert of the study group of the wooden expert in the central management wood a perpetuation of evidence. The regulation under figure 4, 6) paragraph 2 of these Terms and Conditions is valid accordingly.
4) With entitled objections the shop assistant is entitled to fix the kind of the subsequent performance (spare delivery, finishing touches) taking into account the kind of the lack and the legitimate interests of the buyer. The shop assistant is entitled to make the owed subsequent performance of it dependent that the buyer pays the due purchase price. Nevertheless, the buyer is entitled to keep back onto a part adequate in proportion to the lack of the purchase price.
5) The buyer has to inform the shop assistant immediately in writing about a guarantee case entering by a consumer.
6) The buyer has to give to the shop assistant the time necessary to the owed subsequent performance and opportunity to hand over in particular the complained product for exam purposes. In case of the spare delivery the buyer has to return to the shop assistant the defective thing according to the legal regulations.
7) Material defect claims come under the statute of limitations in 12 months. This is not valid, as far as the law according to §§438 prescribes to paragraph 1 No. 2 (buildings and things for buildings), 479 paragraphs 1 (resort claim) and 634a paragraph 1 No. 2 (construction faults) Civil Code longer terms.
8) The place of fulfilment of the subsequent performance lies with the company headquarters of the shop assistant.
9) Became with danger crossing to the buyer defective product covers according to her kind and her intended purpose in another thing built-in or to another thing right, the shop assistant carries the necessary expenditures for removing the defective product and the installation or attaching the amended or thing delivered anew just as the expenditures necessary for the subsequent performance for transport, road costs, labour cost and cost of materials.
7. Liability limitation
1) As far as from these Terms and Conditions including the following regulations nothing else arises, the shop assistant sticks by an injury of contractual and external-contractual duties according to the legal regulations.
2) On compensation the shop assistant – immediately for which legal argument sticks – within the scope of the fault liability with intention and coarse carelessness. With an easy carelessness the shop assistant sticks provisory of a milder liability graduation according to legal regulations (e.g., for care in own matters) only
– 1) for damages from the injury of the life, the body or the health and
– 2) nevertheless, for damages from the not unimportant injury of an essential contract duty (the obligation whose fulfilment the proper realisation of the contract trusts generally only allowed and on their observance of the contracting partners regularly and may trust) ; in this case the liability of the shop assistant is limited to the substitute of the predictable, typically incoming damage
3) The restrictions of liability arising from figure 7.2 are also valid by duty injuries by or in favour of from people whose fault of the shop assistants has to represent according to legal regulations. They are not valid, as far as he has hid a lack cunningly or has taken over a guarantee for the state of the product as well as for claims of the buyer according to the product liability law.
4) Because of a duty injury which does not exist in a lack the buyer can only withdraw or give notice if the shop assistant has to represent the duty injury. A free right to cancel of the buyer (in particular according to §§651, 649 Civil Code) is excluded. For the rest, are valid the legal conditions and legal results.
8. Limitation
1) The general period of limitation for claims from material faults and legal faults amounts to paragraph 1 No. 3 Civil Code (1) year from delivery deviating from §438. The limitation begins with the decrease, as far as this is agreed.
2) If it concerns with the product a building or a thing which has been used according to her usual use for a building and whose faultiness has caused (building material), the period of limitation according to the legal regulation five (5) years from delivery (§438 amounts to paragraph 1 No. 2 Civil Code). Untouched the other legal special provisions to the limitation (in particular §438 remain a paragraph 1 No. 1, paragraph 3, §§444, 479 Civil Code).
3) The preceding periods of limitation of the purchase right are also valid for contractual and external-contractual compensation claims of the buyer which are based on a lack of the product, unless the application of the regular legal limitation (§§195, 199 Civil Code) would lead in particular cases to a shorter limitation. Accordingly of the legal regulations compensation claims of the buyer come under the statute of limitations according to. Figure 7.2 p. 1 and sentence 2 a) of these Terms and Conditions as well as compensation claims according to the product liability law.
9. Retention of title
1) The shop assistant reserves himself the property in the product up to the entire payment of the purchase price.
2) If the reservation product is processed by the buyer to a new movable thing, the processing occurs for the shop assistant, without this is obliged out of this; the new thing becomes a property of the shop assistant. The shop assistant joint ownership acquires from processing together with the not shop assistant of belonging product in the new thing after the relation of the value of the reservation product to the other product at the moment of the processing. If the reservation product with the not shop assistant of belonging product according to §§947, 948 Civil Code becomes linked, mixed or mixed, the shop assistant becomes a co-owner according to the legal regulations. If the buyer acquires by connection, mixture or Vermengung Alleineigentum, he transfers by now to the shop assistant Miteigentum after the relation of the value of the reservation product to the other product at the moment of the connection, mixture or Vermengung. The buyer has in these cases in the property or joint ownership of the shop assistant standing thing which is also valid as a reservation product for the purposes of the preceding conditions of keeping free of charge.
3) If only reservation product or together with the not shop assistant of belonging product is disposed, the buyer resigns by now the demands originating from the wide disposal by height of the value of the reservation product with all subsidiary rights and rank before the rest; the shop assistant accepts the cession. Value of the reservation product is the invoice amount of the shop assistant who remains, nevertheless, except beginning, as far as right third stand in the way of him. If the resold reservation product stands in the joint ownership of the shop assistant, the cession of the demands applies to the amount which corresponds to the portion value of the shop assistant in the joint ownership.
4) If reservation product is inserted by the buyer as an essential component in an immobile thing (a) of a third or (b) of the buyer, the buyer resigns by now against (a) the third or (b) the acquirer in case of the disposal to originating, transferable demands on reimbursement by height of the value of the reservation product with all subsidiary rights including such on grant of a real lien, with rank before the rest; the shop assistant accepts the cession. Figure 9, 3), sentences 2 and 3 are valid accordingly.
5) The buyer is entitled to the wide disposal, to the use or to the installation of the reservation product only in the usual proper trend of affairs and only with the possible specification and is authorised that the demands go over in terms of figure 9, 3) or 9, 4) on the shop assistant really. At other orders about the reservation product, in particular Verpfändung or protection conveyance the buyer is not entitled.
6) The shop assistant authorises the buyer under reservation of the cancellation for the collection according to figure 9, 3) and 9, 4) to resigned demands. The shop assistant will make of own collection competence no use, as long as the buyer to his bills of debt, also follows towards third. By request of the shop assistant the buyer has to name the debtors of the resigned demands and to indicate these the cession; the shop assistant is authorised to indicate the cession also independently the debtors.
7) With payment setting and/or application for opening of the insolvency procedure go out the right for the wide disposal, for the use or installation of the reservation product or the authorisation to the move of the resigned demands. This is not valid for the rights of the liquidator.
8) If the value of the securities granted exceeds the claims (possibly reduced by down payments and partial payments) by more than 20%, the seller is obliged to retransfer or release at his discretion.
10. Final regulations
1) The place of performance and place of jurisdiction for deliveries and payments (including actions on checks and bills of exchange) as well as all disputes arising between the parties is the seller’s headquarters, insofar as the buyer is a merchant, a legal entity under public law or a special fund under public law. In all cases, however, the seller is also entitled to file suit at the place of performance of the delivery obligation in accordance with these GTC or a prior individual agreement or at the general place of jurisdiction of the buyer. Overriding legal regulations, in particular regarding exclusive responsibilities, remain unaffected.
2) The relationships between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany, excluding the UN Sales Convention.
3) The buyer is hereby informed that the seller collects, processes and uses the necessary personal data obtained as part of the business relationship in accordance with the provisions of the applicable European and German data protection laws for business transactions.
4) Should a provision of these GTC be invalid (e.g. illegal or otherwise unenforceable), this invalidity does not affect the validity of the remaining provisions. The invalid provision will be replaced by a mutually agreed legally valid provision that has a similar and valid economic and legal effect. The same applies to any gaps or omissions in the GTC.
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