§ 1 Conditions of delivery
We are not responsible for delays in delivery and performance due to force majeure - this includes in particular strikes, lockouts, official orders etc., even if they occur at our suppliers or their sub-suppliers. They entitle us to postpone the deliveries or services for the duration of the impediment plus an appropriate start-up period.
§ 2 Shipping and Transfer of Risk
Only if the buyer is an entrepreneur, the following applies:
Unless otherwise agreed, shipment shall be at the expense and risk of the recipient. The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left our warehouse or the warehouse of our subcontractor for the purpose of dispatch. If the collection of the goods by the contractual partner has been agreed, the risk shall pass to the purchaser upon notification that the goods are ready for dispatch. This also applies to freight-free delivery.
§ 3 Retention and set-off
Only if the buyer is an entrepreneur, the following applies:
The buyer is only entitled to rights of retention or offsetting if his counterclaims are undisputed, acknowledged by us or have been legally established.
§4 Reservation of proprietary rights
The delivered goods remain our property until we receive full payment of the purchase price.
§ 5 Warranty
Only if the buyer is an entrepreneur, the following applies:
Warranty claims become statute-barred one year after the transfer of risk. This limitation shall not apply if we or our vicarious agents are accused of intent or gross negligence, if we or our vicarious agents have violated an essential contractual obligation or if liability for injury to life, body or health exists.
Visible defects and the absence of warranted characteristics must be reported in writing immediately after delivery, at the latest within seven days.
In the event of a justified notice of defects, we may, at our option, deliver defect-free goods as a replacement within a reasonable delivery period or rectify the existing defects. There is no claim for a replacement delivery. Multiple subsequent improvements are permissible insofar as this is still reasonable for the Contractual Partner.
No changes may be made to the defective goods. It must either be kept ready for collection immediately or must be sent to us on our express request and at our expense by the dispatch route determined by us. Our warranty expires if the Contractual Partner carries out work or repairs on our product, replaces parts or uses consumables that do not correspond to the original specifications. We are not responsible for damage caused by the use, cleaning or processing of the products.
A prohibition of assignment is agreed for the Contractual Partner's warranty claims against us.
§ 6 Liability
If we are obliged to pay damages on the merits, our liability is limited to the typically foreseeable damage. This restriction does not apply if we or our vicarious agents are accused of intent or gross negligence, we or our vicarious agents have breached a material contractual obligation
or there is a liability for injury to life, body or health.
§ 7 Place of Performance
Only if the buyer is an entrepreneur, the following applies:
The place of performance is Coesfeld.
§ 8 Jurisdiction
Only if the buyer is an entrepreneur, the following applies:
Place of jurisdiction is Coesfeld. Optionally, only we are entitled to file suit against the Contractual Partner at his place of business or at the other common legal venues.
§ 9 Choice of law
Only if the buyer is an entrepreneur, the following applies:
The Parties agree that the law of the Federal Republic of Germany shall apply exclusively. However, the unified UN Convention on Contracts for the International Sale of Goods is expressly excluded.
§ 10 Disposal and Recycling
Only if the buyer is an entrepreneur, the following applies:
The Electrical and Electronic Equipment Act obliges the manufacturer, insofar as waste electrical and electronic equipment (WEEE) from users other than private households is concerned, to create a possibility for the return of the delivered equipment and to dispose of the WEEE. According to §19 1 sentence 4 of this Act, other agreements are possible. It is therefore agreed that the provisions of § 19 para. 1 sentence 1 of the Electrical and Electronic Equipment Act are to be fulfilled by the buyer.
§ 11 Severability clause
The invalidity of one of the above clauses shall not affect the validity of the remaining conditions. The invalid clause shall be replaced by the provision which, according to the common contractual will expressed, comes closest in economic terms to the invalid contractual clause.