Terms of Use

Conditions

II. Offer and conclusion of contract

1. Our offers are always non-binding. References to information and illustrations in catalogs and price lists are for illustrative purposes only and do not oblige us to deliver them faithfully or faithfully. Crucial is the commercial and normalized nature of the thing. If the buyer is not a consumer, the assumption of guarantee to be effective requires our written confirmation.

Public statements made by other manufacturers with respect to the nature of a purchased item do not bind us to a buyer who is not a consumer, unless we have confirmed this information in writing. In the case of purchases of branded products, the “additional conditions for the sale of branded products” of the manufacturers in question shall form part of these terms of delivery and payment.

2. Prices are to be picked up in euros from warehouse or factory. All quotes are subject to change. Upon delivery by us, we charge pro rata handling costs or administration fees. For overnight and express deliveries, we charge according to the zone and weight tariffs we have designed. Decisive are always the prices valid on the day of the delivery plus the value added tax valid at that time.

3. If circumstances become known after conclusion of the contract, which are suitable to reduce the creditworthiness of the buyer, we are entitled to discontinue further deliveries, to demand collateral by setting a deadline and to demand advance payments and to withdraw from the contract in whole or in part after expiration of this period.

4. The packaging costs are not included in the price. The packaging is calculated cheaply and taken back within the scope of the legal regulations. If the packaging is returned to the user’s warehouse within one month using the old symbols, 2/3 of the calculated value will be credited, subject to other agreements.

III. Delivery, delivery delay and acceptance

1. Delivery times are not binding, unless otherwise agreed in writing.

Partial deliveries are reliable. Special circumstances, eg. Force majeure, strike, etc., extend the delivery period reasonably and entitle us to withdraw from the contract in whole or in part, provided that the buyer is an entrepreneur. If such disruptions lead to a delay of more than 4 months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected. Claims for damages are regulated in Section V.4.

2. The buyer can not delay us at the earliest after the expiry of the agreed delivery date. In order to be able to withdraw from the contract or to claim damages, an entrepreneur must also set us a reasonable deadline for supplementary performance.

3. The risk of loss or damage of goods ordered by an entrepreneur shall pass to the customer upon dispatch, even if partial deliveries are made or carriage-paid deliveries have been made or carriage-paid delivery has been agreed. An insurance is only at the express request and is at the expense of the buyer. The choice of transport routes and means happens due to lack of special instructions by us without guarantee for the cheapest and fastest shipping. Failure to meet delivery deadlines does not release the contracting party from the acceptance obligation. Claims for damages are regulated in Section V.4.

4. If we submit damages for reason-less refusal of the acceptance of the goods by the Cooper, this amounts to 15% of the respective purchase price. The amount of damage is higher or lower if we prove a higher or the buyer a lower damage.

5. For custom-made items, an excess or short delivery of 10% of the ordered quantity remains reserved.

IV. Payment, default and offsetting

1. Payment must be made within 30 days of the invoice date without deduction.

Payment must be made within the deadline in such a way that the amount required for clearing the invoice is available to us no later than the due date. If payment by direct debit has been agreed with the buyer, he authorizes us to collect all invoice amounts from the specified account details. At the same time, the buyer’s credit institution is already instructed to notify us or a third party commissioned by us in the event of non-payment of the direct debit or in the event of opposition to the direct debits on request of names and addresses of the purchaser, so that we can assert our claim. Money orders, checks and bills of exchange are only accepted on account of payment of all collection and discount charges.

2. Representatives or other employees are not eligible to collect. Payments to these persons do not exempt the user from the payment obligations, unless they have a power of attorney to receive payments.

3. If partial payments have been agreed, the entire remaining debt – irrespective of the due date of any bills of exchange – shall become due for payment immediately if:

a) the purchaser is not an entrepreneur, at least two consecutive installments are partially or completely in default and the amount by which he is in arrears is at least 1/10 of the purchase price.

b) the buyer, who is an entrepreneur, is in arrears at a rate of 14 days, has ceased his payment or has been instituted insolvency proceedings over his assets.

4. If the buyer is in default of payment, we are entitled to make all outstanding invoices from the business relationship with cancellation of agreed maturities with a payment period of 10 days.

5. Compared to purchase price claims offsetting is only permitted with undisputed or legally established due claims. The assertion of rights of retention and other rights of refusal of performance is excluded, unless they come from the same contractual relationship.

V. Warranty and Liability

1. After collection or delivery, all goods must be promptly checked for accuracy, completeness and integrity or condition and defects in us, the buyer is not a consumer within 2 days – display. The prerequisite is that the goods have been duly acknowledged. Hidden defects must be reported within one week of discovery. If further deficiencies or damages occur due to omission of this indication, warranty is excluded. With regard to used articles, the warranty is excluded.

2. Transport damage or shortages are to be stated on the bill of lading by the railway, otherwise by the driver and the persons involved in the unloading, giving names and addresses.

3. We determine if there is a defect, whether we deliver or repair, unless the buyer is a consumer. In the case of subsequent performance in favor of a purchaser, which does not incur such costs, it arises because the item in need of rectification has been brought to a place other than the commercial establishment of the purchaser, unless this corresponds to the intended use of the item. The warranty period for the buyer, who is not a consumer, is one year from delivery of the item. If the delivery of the delivery item to the delivery plant is required to check the defectiveness, the subsequent delivery shall be subject to the proviso that the defectiveness of the delivery item is confirmed by the supplier.

4. Damages instead of fulfillment can not be demanded by the buyer. We are liable for simple negligence for personal injury and for typical and foreseeable damage resulting from the breach of essential contractual obligations. In addition, liability is limited to property damage caused by gross negligence or intent. Insofar as the damage is covered by an insurance (except sum insurance) taken out by the purchaser for the relevant claim, we are only liable for any associated disadvantages of the vendor, eg. For example, higher insurance premiums or interest disadvantages up to the claim settlement by the insurance company.

5. For all entries or returns, the delivery note (packing slip) must be enclosed. The costs incurred on the occasion of an unjustified claim for defects shall be borne by the buyer.

VI. Retention of title

1. We reserve the ownership of the delivery items until receipt of all payments from the respective delivery contract. If the buyer is an entrepreneur, the retention of title also applies to the claims (including all balance claims from current account as well as current invoices), which we have from ongoing business relations with the buyer. Goods to which (co-) ownership is entitled are referred to below as reserved goods.

2. Connection, processing, transformation and the like of the delivery items are always made for us as a manufacturer, but without obligation for us. The buyer then receives a right to expectancy in the amount of our ownership interest in the reserved property. Go out ours

However, by (co-) ownership hereby, it is already agreed that the (co-) ownership of the buyer in the unified object will pass to us in proportion to the value (invoice value).

3. The buyer may sell or process reserved goods only in the ordinary course of business. If the retention of title results from any other than that under Section VI. 2. For reasons given, in particular by further transmission, etc., the Buyer hereby assigns to us his resulting claims for security, regardless of whether he sells the goods together with other services or to one or more customers. The seller informs us immediately of agreed assignment prohibitions. At our request, he announces the assignment to third party debtors, gives us all the information necessary to assert our rights and hands us the documents.

4. The buyer is entitled, until further notice, to collect and collect the claims assigned on and according to the above conditions; He has to transfer the accrued contributions to us immediately. In case of delay or insolvency of the buyer, this direct debit authorization is canceled without revocation. If the realizable value of our securities exceeds our claims (including all balance claims from current accounts and current invoices) by more than 10%, we shall release surplus securities of your choice at the request of the co-buyer.

5. The buyer is obliged to treat retained goods with care, to bear any costs incurred and to keep them free of charge. He may not pledge, assign as security or otherwise dispose of them. Such an impairment must be communicated to us immediately. The buyer, who is an entrepreneur, is obliged to insure the reserved goods against fire and theft risk at his expense and to prove this by submitting the insurance certificate and the last premium receipt.

6. If the buyer is in default of payment or does not comply with his obligations under the retention of title, we can demand the delivery item from the buyer and after written notice within a reasonable period of time using the liquidation proceeds to the purchase price by private sale best exploit.

7. If we request the delivery item to be delivered, the buyer is obliged, with the exception of any rights of retention – unless they are based on the delivery contract – to surrender the delivery item to us immediately. In the event of default in payment, the buyer hereby irrevocably authorizes us to pick up the reserved goods immediately and to freely enter a business and storage space for this purpose.

8. All costs of return and the utilization of the delivery item shall be borne by the buyer. The recovery costs amount to 10% of the proceeds of sale including VAT. They are higher or lower cost proves. The proceeds will be credited to the buyer after deducting the costs and other claims associated with the contract.

9. If the buyer does not handle the item in accordance with his obligations under the retention of title or if he does not meet his obligations to provide information, the maintenance of the contract is reasonable for us. We can then – if necessary after the deadline – withdraw from the contract and demand damages instead.

VII. Return of goods

Goods delivered properly according to the order can not be taken back later than 8 days after delivery and only in exceptional cases, which requires our explicit consent. If this is the case, and the goods are in perfect, salable condition and in their original packaging, a credit will be issued, at the min. 10% of the value of the goods is deducted as a restocking fee.