General delivery and payment conditions

As of January 1, 2018

 

 

 

1.     _cc781905-5cde-3194-bb3b- 136bad5cf58d_       GELTUNG

 

1.1 Unless expressly agreed otherwise, the following "General Terms and Conditions of Delivery and Payment" (ALZ) apply - in addition to the customs in the timber industry (Tegernseer Gebräuche) - for all contracts, deliveries and other services in business transactions with entrepreneurs within the meaning of Section 14 BGB, a legal entity under public law or a special fund under public law (collectively “customers”).

 

1.2 Our ALZ apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the buyer only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement for consent applies in any case, for example even if we provide the service to the buyer without reservation in knowledge of the general terms and conditions of the buyer.

 

1.3 In the context of an ongoing business relationship between merchants, the ALZ also become part of the contract if the seller has not expressly referred to their inclusion in individual cases.

 

1.4 In individual cases, individual agreements made with the buyer (including ancillary agreements, additions and changes) always take precedence over these ALZ. Subject to proof to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.

 

1.5 Legally relevant declarations and notifications that are to be submitted to us by the buyer after the conclusion of the contract (e.g. setting deadlines, notifications of defects, declaration of withdrawal or reduction) must be in text form to be effective.

 

2.     _cc781905-5cde-3194-bb3b- 136bad5cf58d_       ANGEBOTE AND CONCLUSION OF CONTRACT

 

2.1 The offers contained in the seller's catalogs and sales documents and - unless expressly designated as binding - on the Internet are always non-binding and subject to change, ie only to be understood as an invitation to submit an offer.

 

2.2 Orders are considered accepted if they are either confirmed by the seller or executed immediately after receipt of the order.

 

2.3 If, after the conclusion of the contract, the seller becomes aware of facts, in particular default in payment with regard to previous deliveries, which, according to due commercial judgment, suggest that the purchase price claim is at risk due to the buyer's inability to pay, the seller is entitled, after setting a reasonable period of time, to ask the buyer to do so We have the choice to demand step-by-step payment or corresponding securities and, in the event of refusal, to withdraw from the contract, whereby the invoices for partial deliveries that have already been made are due immediately.

 

3.     _cc781905-5cde-3194-bb3b- 136bad5cf58d_       LIEFERUNG , PASSING OF RISK AND DELAY

 

3.1 Correct and timely self-delivery remains reserved.

 

3.2 The risk of accidental loss and accidental deterioration of the goods is transferred to the buyer at the latest when the goods are handed over. In the case of mail-order sales, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is already transferred when the goods are delivered to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment.

 

3.3 Partial deliveries are permitted to a reasonable extent.

 

3.4 The delivery period is agreed individually or specified by us when accepting the order. If this is not the case, the delivery period is approximately three (3) weeks from the conclusion of the contract.

 

3.5 If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we will inform the buyer of this immediately and at the same time communicate the expected new delivery deadline. If the service is also not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; we will immediately refund any consideration already provided by the buyer. A case of non-availability of the service in this sense applies in particular if our supplier does not deliver to us on time, neither we nor our supplier are at fault or we are not obliged to procure in individual cases.

 

3.6 In the event of a delay in delivery, the buyer is obliged, at the request of the seller, to declare within a reasonable period of time whether he still insists on delivery or will withdraw from the contract due to the delay and/or demand damages instead of performance.

 

3.7 If we are in default of delivery, the buyer can demand lump-sum compensation for his damage caused by the delay. The flat-rate compensation for damages is 0.5% of the net price (delivery value) for each full calendar week of delay, but no more than 5% of the delivery value of the goods delivered late. We reserve the right to prove that the buyer suffered no damage at all or only a significantly lower damage than the above flat rate.

 

3.8 The rights of the buyer according to Section 7 of these ALZ and our statutory rights, in particular in the event of an exclusion of the obligation to perform (e.g. due to the impossibility or unreasonableness of the service and/or supplementary performance), remain unaffected.

 

 

4.     _cc781905-5cde-3194-bb3b- 136bad5cf58d_       PREISE AND PAYMENT TERMS

 

4.1 Unless otherwise agreed, our current prices at the time the contract is concluded apply ex warehouse (plus statutory sales tax) and the purchase price is due immediately upon receipt of the goods without deduction.

 

4.2 If the buyer and seller participate in a company direct debit procedure, it is sufficient if the buyer receives the advance information (pre-notification) on the direct debit amount and the due date one day before the due date.

 

4.3 We are entitled at any time, even within the framework of an ongoing business relationship, to carry out a delivery in whole or in part only against advance payment. We declare a corresponding reservation at the latest with the order confirmation.

 

4.4 In the event of default in payment, interest will be charged at the respective bank rates for overdrafts, but at least the statutory default interest. Any agreed discounts will not be granted if the buyer is in arrears with the payment of earlier deliveries. Discount periods begin to run from the invoice date.

 

4.5 If the buyer is in default of payment due to a reminder (§ 286 Para. 1 BGB) or if he does not redeem a bill of exchange when it is due, the seller is entitled to take back the goods or to demand their surrender after a prior reminder. The seller can also prohibit the removal of the delivered goods. The return is considered a withdrawal from the contract.

 

4.6 A refusal or retention of payment is excluded if the buyer was aware of the defect or other reason for complaint at the time the contract was concluded. This also applies if he remained unaware of it as a result of gross negligence, unless the seller fraudulently concealed the defect or other reason for complaint or assumed a guarantee for the quality of the item.

Otherwise, payment may only be withheld to a reasonable extent due to defects or other complaints. In the event of a dispute, an expert appointed by the buyer's Chamber of Commerce and Industry will decide on the amount. He should also decide on the distribution of the costs of his involvement at his reasonable discretion.

 

4.7 Offsetting or retention is only possible with undisputed or legally established claims.

 

4.8 If, after conclusion of the contract, it becomes apparent (e.g. through an application for the opening of insolvency proceedings) that our claim to the purchase price is jeopardized by the buyer's inability to pay, we are entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw from the contract entitled (§ 321 BGB). In the case of contracts for the production of non-fungible items (custom-made products), we can declare our withdrawal immediately; the statutory provisions on the dispensability of setting a deadline remain unaffected.

 

5.     _cc781905-5cde-3194-bb3b- 136bad5cf58d_       EIGENSCHAFTEN OF WOOD

 

5.1 Wood is a natural product; its natural properties, deviations and characteristics must therefore always be observed. In particular, the buyer must consider its biological, physical and chemical properties when purchasing and using it.

 

5.2 The range of natural color, structure and other differences within a type of wood is part of the properties of the natural product wood and does not constitute any reason for complaint or liability.

 

5.3 If necessary, the buyer must seek professional advice.

 

 

 

6.     _cc781905-5cde-3194-bb3b- 136bad5cf58d_       MÄNGELRÜGE , WARRANTY AND LIABILITY

 

6.1 The properties of the goods, in particular quality, type and dimensions, are determined by the agreements of the parties. All product descriptions that are the subject of the individual contract apply as an agreement on the quality of the goods; it makes no difference whether the product description comes from the buyer, the manufacturer or from us. If there is no such agreement, the applicable DIN and EN standards are decisive. Declarations of conformity and CE marks do not represent independent guarantees. The risks of suitability and use lie with the buyer.

 

6.2 The seller is only liable for defects within the meaning of § 434 BGB as follows:

The buyer must immediately inspect the received goods for quantity and quality. Obvious defects must be reported to the seller in writing within 14 days. §§ 377, 381 HGB remain unaffected in the case of mutual commercial transactions between merchants. Otherwise, reference is made to the Tegernsee customs.

 

6.3 If the buyer finds defects in the goods, he may not dispose of them, ie they may not be divided, resold or further processed until an agreement has been reached on the handling of the complaint or evidence has been secured by one of the Chambers of Industry and Commerce at the buyer's registered office commissioned experts.

 

6.4 In the case of justified complaints, the seller is entitled to determine the type of supplementary performance (replacement delivery, rectification) taking into account the nature of the defect and the legitimate interests of the buyer. We are entitled to make the supplementary performance owed dependent on the buyer paying the purchase price due. However, the buyer is entitled to retain a part of the purchase price that is reasonable in relation to the defect.

 

6.5 The buyer must inform the seller as soon as possible about a warranty case occurring with a consumer.

 

6.6 The buyer must give us the time and opportunity required for the supplementary performance owed, in particular to hand over the goods complained about for inspection purposes. In the case of a replacement delivery, the buyer must return the defective item to us in accordance with the statutory provisions.

 

6.7 Claims for material defects expire in 12 months. This does not apply if the law stipulates longer periods in accordance with §§ 438 Paragraph 1 No. 2 (buildings and items for buildings), 479 Paragraph 1 (right of recourse) and 634a Paragraph 1 No. 2 (construction defects) BGB.

 

6.8 The place of performance for subsequent performance is at the seller's registered office.

 

6.9 If the goods, which were concealed and defective at the time the risk passed to the buyer, were installed in another item or attached to another item in accordance with their type and intended use, the seller shall bear the necessary expenses for removing the defective goods and installing or attaching the repaired or newly delivered item as well as the expenses for transport, travel, labor and material costs required for the supplementary performance.

 

7.     _cc781905-5cde-3194-bb3b- 136bad5cf58d_       ALLGEMEINE LIMITATION OF LIABILITY

 

7.1 Unless otherwise stated in these ALZ including the following provisions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.

 

7.2 We are liable for damages - for whatever legal reason - within the scope of fault-based liability in the event of intent and gross negligence. In the case of simple negligence, we are only liable, subject to a milder standard of liability in accordance with statutory provisions (e.g. for diligence in our own affairs), a) for damage resulting from injury to life, limb or health and b) for damage from the not inconsiderable breach of an essential contractual obligation ( obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.

 

7.3 The items resulting from clause 7.2. The resulting limitations of liability also apply to breaches of duty by or in favor of persons whose fault we are responsible for according to statutory provisions. They do not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods and for claims by the buyer under the Product Liability Act.

 

7.4 Due to a breach of duty that does not consist of a defect, the buyer can only withdraw or terminate if we are responsible for the breach of duty. A free right of termination of the buyer (in particular according to §§ 651, 649 BGB) is excluded. Otherwise, the statutory requirements and legal consequences apply.

 

8.     _cc781905-5cde-3194-bb3b- 136bad5cf58d_       VERJÄHRUNG

 

8.1 Contrary to Section 438 Paragraph 1 No. 3 BGB, the general limitation period for claims arising from material and legal defects is one (1) year from delivery. If acceptance has been agreed, the limitation period begins with acceptance.

 

8.2 However, if the goods are a building or an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness (building material), the limitation period according to the statutory regulation is five (5) years from delivery ( § 438 Para. 1 No. 2 BGB). Other special statutory regulations on the statute of limitations remain unaffected (in particular § 438 Paragraph 1 No. 1, Paragraph 3, §§ 444, 479 BGB).

 

8.3 The above limitation periods of sales law also apply to contractual and non-contractual claims for damages by the buyer based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases. However, claims for damages by the buyer in accordance with Section 7.2 Sentence 1 and Sentence 2 a) and under the Product Liability Act shall become statute-barred in accordance with the statutory provisions.

 

9.     _cc781905-5cde-3194-bb3b- 136bad5cf58d_       EIGENTUMSVORBEHALT

 

9.1 The seller retains title to the goods until the purchase price has been paid in full.

 

9.2 If the goods subject to retention of title are processed into a new movable item by the buyer, the processing is carried out for the seller without the seller being obliged as a result; the new item becomes the property of the seller. When processing together with goods that do not belong to the seller, the seller acquires co-ownership of the new item according to the ratio of the value of the reserved goods to the other goods at the time of processing. If the goods subject to retention of title are combined, mixed or blended with goods that do not belong to the seller in accordance with §§ 947, 948 BGB, the seller becomes co-owner in accordance with the statutory provisions. If the buyer acquires sole ownership through connection, mixing or blending, he hereby transfers co-ownership to the seller according to the ratio of the value of the reserved goods to the other goods at the time of connection, mixing or blending. In these cases, the buyer must keep the item owned or co-owned by the seller, which is also deemed to be reserved goods within the meaning of the above conditions, free of charge.

 

9.3 If reserved goods are sold alone or together with goods not belonging to the seller, the buyer hereby assigns the claims arising from the resale in the amount of the value of the reserved goods with all ancillary rights and priority over the rest; The seller accepts the assignment. The value of the goods subject to retention of title is the seller's invoice amount, which, however, is disregarded insofar as third-party rights conflict with it. If the resold reserved goods are co-owned by the seller, the assignment of the claims extends to the amount that corresponds to the seller's share of the co-ownership.

 

9.4 If the goods subject to retention of title are installed by the buyer as an essential component in an immovable property (a) of a third party or (b) of the buyer, the buyer hereby assigns to (a) the third party or (b) the purchaser in the event of sale, assignable claims for remuneration in the amount of the value of the reserved goods with all ancillary rights, including such a right of lien, with priority over the rest; The seller accepts the assignment. Section 9.3, sentences 2 and 3 apply accordingly.

 

 

9.5 The buyer is only entitled and authorized to resell, use or install the reserved goods in the normal course of business and only with the proviso that the claims within the meaning of Section 9.3 or 9.4 are actually transferred to the seller. The buyer is not entitled to other disposals of the goods subject to retention of title, in particular pledging or assignment by way of security.

 

9.6 The Seller authorizes the Buyer, subject to revocation, to collect the claims assigned in accordance with Sections 9.3 and 9.4. The seller will not make use of his own authority to collect as long as the buyer meets his payment obligations, including towards third parties. At the request of the seller, the buyer must name the debtors of the assigned claims and notify them of the assignment; the seller is authorized to notify the debtors of the assignment himself.

 

9.7 With suspension of payments and/or application for the opening of insolvency proceedings, the right to resell, use or install the reserved goods or the authorization to collect the assigned claims expire. This does not apply to the rights of the insolvency administrator.

 

9.8 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.     _cc781905-5cde-3194-bb3b- 136bad5cf58d_  _cc781905-5cde-3194_bb3b-136bad5cf58d__cc781905-5cde-3194_bb3b-136bad5cf58d_ _cc781905-5cde-3183cf

 

10.1 The place of performance and sole 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 Hamburg as the seller's headquarters. In all cases, however, we are also entitled to file suit at the place of performance of the delivery obligation in accordance with these ALZ or a prior individual agreement or at the buyer's general place of jurisdiction. Overriding legal regulations, in particular regarding exclusive responsibilities, remain unaffected.

 

10.2 German law applies to these terms and conditions and the entire legal relationship between the seller and the buyer, excluding the UN sales law and German international private law.

 

10.3 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.

 

10.4 Should a provision of these ALZ 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 ALZ.

 

 

All rights reserved by GD Holz eV Reproduction and/or use by non-members is prohibited.

 

The original version was filed with the Federal Cartel Office on March 22, 2002 by the German Timber Trade Association, Wiesbaden, in accordance with Section 38 (2) No. 3 GWB and published in the Federal Gazette No. 80 of April 27, 2002.