ur terms of sale and delivery apply exclusively; We do not recognize any conditions of the customer that conflict with or deviate from our terms of sale and delivery, unless we have expressly agreed to their validity in writing. Our terms and conditions of sale and delivery also apply if we are aware of the contrary or of our sales and delivery conditions. Terms of delivery of deviating conditions of the customer carry out the delivery to the customer without reservation.
All agreements made between us and the customer for the purpose of executing this contract must be set out in writing in this contract.
Our terms and conditions of sale and delivery apply only to merchants, legal entities under public law and special funds under public law within the meaning of § 310 BGB.
Our sales and delivery conditions also apply to all future business with the customer, even if they are not explicitly included again.
II. Offer - offer documents
Is the order as an offer acc. § 145 BGB, we can accept this within 4 weeks.
We reserve ownership rights and copyrights to illustrations, drawings, calculations and other documents: they may not be made accessible to third parties.
III. Prices- terms of payment
In the absence of a special agreement, the prices apply ex works including loading in the factory, but excluding packaging. VAT is added to the prices in the respective statutory amount on the day of invoicing.
Unless otherwise stated in the order confirmation, the purchase price is payable net (without deduction) within 8 days of the invoice date. When paying in cash within 8 days of invoicing, a 2% discount is deducted. If the customer is in default of payment, we are entitled to charge default interest at a rate of 8% above the base rate. If there is evidence of higher damage caused by delay, this can be claimed. The customer is entitled to provide evidence of low damage.
The purchaser is only entitled to set-off or retention rights if his counterclaims have been legally established, are undisputed or have been recognized by us.
Failure to comply with the terms of payment, default or circumstances that are likely to reduce the creditworthiness of the customer result in the immediate due date of all of our claims.
IV. Delivery time
The delivery period begins with the sending of the order confirmation, however not before the documents, approvals, releases to be provided by the customer have been provided and before an agreed down payment has been received.
The delivery deadline is met if the delivery item has left the factory or the readiness for dispatch has been communicated by the end of the delivery period.
The delivery deadline is extended for measures in the context of industrial disputes, in particular strikes and lockouts, as well as in the event of unforeseen obstacles that are beyond our will, insofar as such obstacles are demonstrably of considerable influence on the completion or delivery of the delivery item by the period during which Obstacle. We are also not responsible for the aforementioned circumstances if they arise during an already existing delay. We will inform the customer immediately of the beginning and end of such obstacles. We are not responsible for a delay in delivery if our subcontractors do not deliver to us in time despite a legal obligation.
If the customer suffers damage due to a delay caused by our own fault, he is entitled to claim compensation for delay, to the exclusion of further claims. They are 1/2% for each full week of delay. In total, however, at most 5%. H. vom
Values of that part of the total delivery that cannot be used in time or in accordance with the contract due to the delay. We reserve the right to prove lower damage. In the event of ordinary negligence, compensation for late damages is excluded.
If shipping is delayed at the request of the purchaser, the costs incurred by the storage, starting at one month after notification of readiness for dispatch, will be at least 1/2% if stored in our factory. H. of the invoice amount calculated for each month. However, we are entitled to otherwise dispose of the delivery item after a reasonable period has been set and to no avail and to supply the customer with a reasonably extended period.
V. Transfer of risk and acceptance
The risk is transferred to the customer at the latest when the delivery is sent, even if partial deliveries are made or the supplier performs other services, e.g. B. had taken over the shipping costs or delivery and installation. At the request of the customer, delivery is covered by transport insurance at his own expense.
If the shipment is delayed due to circumstances for which the purchaser is responsible, the risk passes to the purchaser from the day of readiness for dispatch: however, we are obliged to take out the insurance that the purchaser requests and at the expense of the purchaser.
Delivered items, even if they have minor defects, are to be accepted by the customer without prejudice to the rights under Section VII.
Partial deliveries are permitted provided they are reasonable for the customer.
VI. Reservation of ownership
We reserve ownership of all delivered goods until the customer has paid all current and future claims from the business relationship. In the event of attachments or other interventions, the customer must immediately notify us in writing so that we can file a complaint in accordance with § 771 ZPO can raise. In spite of winning the legal dispute according to § 771 ZPO, the customer has to bear the costs.
We are entitled to insure the delivery item against theft, breakage, fire, water and other damage at the expense of the customer, provided that the customer has not demonstrably taken out the insurance himself.
The purchaser may neither pledge the delivery item nor assign it as security. In the event of seizures, confiscation or other dispositions by third parties, he must notify us immediately.
In the event of behavior contrary to the contract by the purchaser, in particular in the event of delayed payment, we are entitled to take back after a reminder; in this case the customer already agrees to a return. The assertion of the retention of title and the attachment of the delivery item by us do not count as a withdrawal from the contract. The costs incurred by the return, in particular transport costs, are borne by the customer.
The purchaser is entitled to resell the purchased item in the ordinary course of business: however, he is already assigning to us all claims in the amount of the final invoice amount (including VAT) of our claim, which result from the resale or other legal reasons (in particular tortious acts ) against his customers or third parties, regardless of whether the purchased item was resold without or after processing.
The customer also assigns to us the claim to secure our claims against him, which accrue to a third party through the connection of the purchased item with a property.
The customer remains authorized to collect the claim, whereby our authority to collect the claim himself remains unaffected.
The processing or transformation of the purchased item by the customer is always carried out for us. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item to the other processed items at the time of processing. For the thing resulting from processing, the same applies as for the purchased item delivered with reservation.
We undertake to release the securities to which we are entitled at the request of the customer insofar as the realizable value of our security exceeds the claims to be secured by more than 20%; the choice of the security to be released is our responsibility.
VII. Warranty for Defects - Overall Liability
We are liable for defects in the delivery in the event of the orderly fulfillment of the inspection and notification obligations under Section 377 HGB by the purchaser as follows:
If there is a defect in the purchased item, we are entitled to choose to remedy the defect or to deliver a defect-free item (supplementary performance). The prerequisite for this is that the defect is not negligible. If one or both of these types of supplementary performance is impossible or disproportionate, we are entitled to refuse it. We can also refuse supplementary performance as long as the buyer does not fulfill his payment obligations towards us to an extent that corresponds to the defect-free part of the service.
If the subsequent performance mentioned in paragraph 1 is impossible or fails, the buyer has the right to either reduce the purchase price accordingly or to withdraw from the contract in accordance with the statutory provisions; this applies in particular to the culpable delay or refusal of supplementary performance, as well if this fails for the second time. Unless otherwise stated below (para. 4), further claims of the buyer – regardless of the legal reason – (in particular claims from breach of main contractual and secondary obligations, reimbursement of expenses with the exception of those according to § 439, 2 BGB, tortious act and others tortious liability) excluded; this applies in particular to claims for damage outside of the purchased item as well as claims for compensation for lost profits; Claims are also recorded which do not result from the defectiveness of the purchased item.
The above provisions also apply to the delivery of another item or a smaller quantity.
The exclusion of liability regulated in paragraph 2 does not apply if an exclusion or limitation of liability for damage from injury to life, limb or health has been agreed, based on an intentional or negligent breach of duty on our part or an intentional or negligent breach of duty by a legal representative or vicarious agents; it also does not apply if an exclusion or limitation of liability for other damages is agreed which is based on an intentional or grossly negligent breach of duty on our part or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent. If we culpably violate an essential contractual obligation or a “cardinal obligation”, liability is not excluded, but limited to the foreseeable damage typical for the contract. Otherwise, it is excluded in accordance with paragraph 2. The exclusion of liability also does not apply in cases where, according to the Product Liability Act, liability is assumed for defects in the delivery item for personal injury or property damage to privately used items. It also does not apply to the assumption of a guarantee and assurance of a property, if a defect included in it triggers our liability. In the case of reimbursement of expenses the above shall apply.
There is no guarantee for damage for the following reasons: unsuitable or improper usefaulty installation by the customer or third partiesnatural weardefaulty or negligent handling unsuitable operating materialsdeficient construction work unsuitable building groundexchange materialschemical, electrochemical or electrical influences (if they are not our responsibility) · improper changes or repairs carried out by the customer or third parties without our prior approval.
The claims for supplementary performance, damages and compensation for use expire one year after delivery of the purchased item. The claims for reduction and the exercise of a right of withdrawal are excluded if the claim for supplementary performance is time-barred. In the case of sentence 3, however, the buyer can refuse to pay the purchase price insofar as he would be entitled to do so due to the withdrawal or the reduction; in the event of exclusion from the withdrawal and a subsequent refusal to pay, we are entitled to withdraw from the contract.
Claims from manufacturer recourse remain unaffected by this section.
VIII. Liability for secondary obligations
The following regulations apply to breaches of duty outside of liability for defects and are neither intended to exclude nor limit the statutory right of withdrawal. Likewise, we should not be excluded or restricted from statutory or contractual rights and claims.
The customer can withdraw from the contract if the entire service becomes finally impossible; the same applies to inability. The customer can also withdraw from the entire contract if, when ordering similar items, it is impossible for us to perform part of the delivery in terms of number and he is not interested in the partial performance; if this is not the case, the customer can reduce the consideration accordingly; the right of withdrawal does not apply in the event of a minor breach of duty.
If there is a delay in performance and the purchaser grants us a reasonable deadline for performance after the reason for the delay and if this grace period is not met, the purchaser is entitled to withdraw. In the event of a partial delay in performance, paragraph 1 sentence 1 applies accordingly. Will before
If delivery is requested by the customer at any point in a different execution of the delivery item, the delivery period will be interrupted until the day of notification of the execution and, if necessary, extended by the time required for the other execution.
Withdrawal is excluded if the customer is solely or largely responsible for the circumstance that entitles him to withdraw or if the circumstance for which we are responsible occurs at the time of the customer’s default in acceptance. In the event of impossibility, we reserve our right to the consideration in accordance with Section 326 (2) BGB in the aforementioned cases.
Further claims of the buyer, regardless of the legal basis (in particular claims arising from fault at the conclusion of the contract, breach of main contractual and secondary obligations, reimbursement of expenses, unlawful acts and other tortious liability) – are excluded; this applies in particular to claims for damage outside of the purchased item as well as claims for compensation for lost profits; Claims are also recorded which do not result from the defectiveness of the purchased item. This does not apply if the cause of the damage is based on intent or gross negligence on our part, our legal representatives or vicarious agents. This also does not apply insofar as it concerns damage from a culpable injury to life, limb or health. Likewise, liability is not excluded in the event of a guarantee being given, insofar as a breach of duty that is just included triggers our liability. If we culpably violate an essential contractual obligation or a cardinal obligation, liability is not excluded, but is only limited to the foreseeable damage typical of the contract. If, through our fault, the delivered item cannot be used in accordance with the contract as a result of failure to deliver or incorrect delivery of proposals and advice – before or after the conclusion of the contract, as well as other contractual ancillary obligations (in particular instructions for operation and maintenance of the delivery item), or if damage occurs, then this shall apply to the exclusion of further claims by the purchaser, the provisions under clause 1 accordingly.
Complaints must be made in writing within 10 working days. Returns can only be accepted after confirmation by Pressta-Eisele using the enclosed “return delivery form”. Tools such as Saw blades, milling cutters, etc. cannot be exchanged. Spare parts with a value of less than 50 euros are excluded from the return for economic reasons. 20% of the net value of the goods will be charged for the re-storage of incorrectly ordered spare parts.
We do not guarantee the parts for assembly errors during self-assembly.
IX. Right of the customer to withdraw and change
Unless already standardized under VII., The following applies to the customer’s withdrawal:
The customer can withdraw from the contract if the entire service is finally impossible before the transfer of risk. The same applies to inability on our side. The purchaser can also withdraw from the contract if, in the case of an order of the same type, the execution of part of the delivery becomes impossible in number and he has a legitimate interest in rejecting a partial delivery; if this is not the case, the customer can reduce the consideration accordingly.
If there is a delay in performance within the meaning of section IV of the delivery conditions, and the customer grants us a reasonable grace period with the express declaration that he will refuse to accept the service after this period has expired, and if the grace period is not met by us, the customer is to Entitled to withdraw; on; The purchaser’s claim for damages is excluded in the event of slight negligence.
If the impossibility arises during the delay in acceptance or through the fault of the purchaser, the purchaser remains obliged to provide consideration.
X. Right of the supplier to withdraw
In addition to the legal / contractual right of withdrawal, the following applies: In the event of unforeseen events within the meaning of Section IV of the Terms of Delivery, provided that they significantly change the economic meaning or the content of the service or have a significant impact on our company, and in the event that it subsequently becomes impossible the contract will be appropriately adapted to the execution. If this is not economically justifiable, we have the right to withdraw from the contract in whole or in part. The purchaser does not have any claims for damages due to such withdrawal. If we want to make use of the right of withdrawal, we must inform the customer immediately after knowing the scope of the event, even if an extension of the delivery period was initially agreed with the customer.
XI. Place of jurisdiction - place of performance - applicable law
The place of performance for all rights and obligations arising from delivery or performance is Bullay.
The place of jurisdiction for all disputes arising from the contractual relationship is Bullay.
Decisive is only the law applicable in the Federal Republic of Germany to the exclusion of the CISG.
XII. Supplier declarations / Customs documentation
The extensive customs and tax requirements for preferential trade place high demands on the preparation of long-term supplier declarations. For all products for which we issue such declarations, the legislator expects coherent proof of their correctness.
In the case of goods manufactured by Pressta-Eisele GmbH, the value added varies considerably from product to product, therefore we cannot bear the expense of preparing long-term supplier’s declarations and no longer offer this service.