General Terms and Conditions of the company nerbe plus GmbH & Co. KG

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1 Validity of the terms and conditions

Our deliveries, services and offers shall be made exclusively on the basis of

these terms and conditions. Counter-confirmations of the purchaser with reference to his

to his terms and conditions of business or purchase are hereby rejected.

Deviations from these terms and conditions shall only be effective

if we confirm them in writing.

 

2 Conclusion of contract

Offers contained in advertisements, brochures, price lists, etc. are subject to change and are

and non-binding. Samples, illustrations, etc. and all information about

performance data shall only be binding if this is expressly stated. In the case of

specially prepared offers, we adhere to the specified deadlines,

otherwise we are bound to our offer for 30 calendar days. All

and agreements, also verbal or by telephone, are only binding for us if and to the extent that

only binding for us if and insofar as we confirm them in writing or comply with them

by sending the goods and invoice. Irrespective of this

the customer is bound to his order for four weeks.

 

3. prices, price changes

All prices are net prices without value added tax, which the purchaser must pay in

which the customer has to pay additionally in the respective legal amount. If the order value is

exceeds € 300.00 net, we shall deliver carriage paid within the Federal Republic of Germany.

For orders below this value of goods, postage or freight will be charged. Orders

with a value of goods below € 100.00 will be executed with a minimum quantity surcharge

of € 20,00. Unless otherwise agreed in writing, our

price lists valid at the time of delivery or provision of the goods.

 

4. delivery times

In the absence of any written agreements to the contrary, the delivery dates stated are

and are subject to the possibility of delivery. We

always endeavor to meet the stated delivery dates. If the delivery is delayed

delivery is delayed for a reason for which we are not responsible, we shall be entitled to

reason beyond our control, we shall be entitled to postpone delivery for the duration of the impediment

start-up time. If the impediment lasts for an unreasonable

unreasonably long, the customer shall be entitled, after setting a reasonable period of grace

the part of the contract that has not yet been fulfilled. We are

entitled to make partial deliveries to an extent reasonable for the customer and in accordance with

the calculation at any time.

 

5 Transfer of risk

The risk shall pass to the customer as soon as the consignment has been handed over to the person

person carrying out the transport or has left our business premises for the purpose of dispatch.

business premises for the purpose of shipment. If the shipment becomes impossible through no fault of

impossible through no fault of our own, the risk shall pass to the customer upon notification

the customer.

 

6 Warranty and liability

If the delivery item is defective or if it is not delivered within the product-specific

product-specific term or - if no term is specified - the period of performance

defective due to manufacturing or material defects, we shall, at our discretion, either replace or

replacement or remedy the defect at our discretion. The purchaser must report defects immediately,

at the latest, however, within one week after delivery by sending in the

delivery bill and - if possible - a sample.

We shall be liable for personal injury caused by us or by our vicarious agents.

or the fault of our vicarious agents, without limitation. For

all other damages caused by slightly negligent behavior by us or one of our

us or one of our vicarious agents, we shall not be liable. Unless

breach of material contractual obligations, in which case our liability shall be unlimited.

in which case we shall be liable without limitation. Furthermore, we shall not be liable for loss of profit

profit, unforeseeable damages and consequential damages.

Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, co-workers and other persons.

personal liability of our employees, representatives and vicarious agents.

and vicarious agents.

 

7. defects

Claims due to defects shall become statute-barred after a quarter of a year. Excluded from this

claims due to intentional conduct, for these claims the statutory limitation periods shall apply.

statutory limitation periods shall apply.

 

8. retention of title

The delivered goods shall remain our property until payment of the purchase price and settlement of all

and repayment of all claims arising from the business relationship and the claims

in connection with the object of purchase as goods subject to retention of title.

our property. The inclusion of individual claims in a current

current account or the drawing of a balance and its recognition do not cancel the retention of title.

retention of title.

If goods subject to retention of title are sold by the purchaser alone or together with goods that do not

goods not belonging to us, the purchaser hereby assigns to us the claims arising from the resale

the value of the goods subject to retention of title with all ancillary rights and rank

with all ancillary rights and priority over the rest. The value of the reserved goods is

our invoice amount plus a security surcharge of 10 %, which, however, remains

which, however, shall not be taken into account insofar as it is opposed by the rights of third parties. If the

resold goods are our property, the assignment of the claims shall extend to the amount

the amount corresponding to the proportionate value of our co-ownership.

value of our co-ownership. The same shall apply to the extended reservation of title;

advance assignment shall extend to the balance of the claim.

The customer shall be entitled to resell the goods subject to retention of title in the usual, orderly course of

course of business, provided that the claims within the meaning of the above

the claims in the sense of the preceding paragraph are actually transferred to us. To

other disposals of the goods subject to retention of title, in particular pledging or

transfer of ownership by way of security. We authorize the

the purchaser to collect the claims assigned to us in accordance with the above

assigned claims in accordance with the preceding paragraph. We shall not make use of our own right of collection as long as the

make no use of our own right of collection as long as the purchaser meets his payment obligations

also to third parties. At our request, the buyer shall

the debtors of the assigned claims and notify them of the assignment.

the assignment. We are authorized to notify the debtors of the assignment ourselves.

the assignment to the debtors ourselves.

The purchaser must inform us of any compulsory enforcement measures by third parties against the

the assigned claims, the purchaser must inform us immediately by handing over the documents

the documents necessary for the objection. With cessation of payments,

application for or initiation of insolvency proceedings, a judicial or

judicial or extrajudicial composition proceedings, the right to resell the reserved

the right to resell the goods subject to retention of title and the authorization to collect

the assigned claims; in the event of a check protest, the collection authorization shall also expire.

likewise. If the value of the securities granted exceeds our claims by more than

exceeds our claims by more than 15 %, we shall be obliged to reassign or

or release to this extent. Upon settlement of all our claims, the ownership of the

title to the reserved goods and the assigned claims shall pass to the buyer.

transferred to the buyer.

 

9 Payment

Unless otherwise agreed in writing, invoices shall be payable without deduction within

14 days from the date of invoice without deduction. A discount deduction is inadmissible.

The day of payment shall be the day on which we can dispose of the money. Without our

agreement, payments shall be deducted from the claims pursuant to §366 para.

to be set off against the claims in accordance with §366 Para. 2 BGB (German Civil Code).

We expressly reserve the right to reject checks. The acceptance

shall always be on account of payment only.

If the customer fails to meet his payment obligations, in particular if he does not

payment obligations, in particular if he does not cash a check or suspends his payments or if we

circumstances have become known to us which call his creditworthiness into question, we are

creditworthiness, we shall be entitled to declare all our claims against the customer due and

due, even if we have accepted checks. We are also

also entitled to demand advance payments or the provision of security and, after an appropriate

withdraw from the contract after a reasonable period of grace or to claim damages for non-performance.

compensation for non-performance.

The customer shall only be entitled to offset or withhold payments if we have

expressly agreed in writing or if the counterclaims are uncontested or

counterclaims are undisputed or have been established by a court of law.

 

10. place of jurisdiction; partial invalidity; applicable law

The place of jurisdiction for all disputes shall be Winsen/Luhe, provided that the

merchant in the sense of the German Commercial Code (HGB), a legal entity under public law or special

or a special fund under public law.

The law of the Federal Republic of Germany shall apply exclusively. The application

of the Vienna UN Convention on Contracts for the International Sale of Goods of

Sale of Goods of April 11, 1980 is excluded.

 

 

Notice:

 

The client acknowledges that the seller may use data from the contractual relationship

contractual relationship in accordance with § 28 of the Federal Data Protection

data processing and reserves the right to disclose the data to third parties to the extent

necessary for the fulfillment of the contract to third parties (e.g. insurance companies).