General terms and conditions
§ 1 Scope
These terms and conditions form the basis of all of the deliveries, services and offers provided by the seller and consequently apply to all future business relations including where not expressly agreed again.
§ 2 Conclusion of contract
1. All of the offers detailed in brochures, advertisements etc. are without obligation and non-binding, including with references to any prices stated. Special written quotes are valid for 30 calendar days.
2. Orders can be cancelled within 10 days of order placement. Failure to cancel an order within this period will be considered acceptance of the order.
3. Any collateral agreements, amendments and additions to an order are only valid if confirmed in writing by the seller. The same applies to any assured characteristics.
4. The terms and specifications agreed on conclusion of a contract represent the technical state of the sold item at that time. The seller expressly reserves the right to change the design of deliveries provided under this contract provided such changes are not substantial and do not significantly impact on the contractual purpose.
5. The seller is only able to provide general information on planning permissions, i.e. without accepting any liability.
§ 3 Services
1. Delivery costs will be as agreed between the parties.
If an item is delivered to the construction site for free, the buyer has to provide good-quality access to the site. In the absence of such, the buyer will be charged for the additional costs of transporting the item from the lorry to the construction site.
2. If the period between the date the contract is concluded and the agreed and/or actual delivery date is greater than 6 months, the seller's prices as at the date of delivery or date of supply shall apply.
§ 4 Delivery periods
The seller shall strive to deliver on the specified dates. The buyer shall be entitled to withdraw from the contract if the seller fails to deliver after having been granted an appropriate extension of the delivery date by the buyer. In such a case, the buyer shall not be entitled to claim any damages for non-fulfilment, unless the seller acted wilfully or with gross negligence.
§ 5 Dispatch and transfer of risk
1. The risk shall pass to the buyer as soon as the consignment has been handed over to the person who will transport the same or has left the seller's premises for the purpose of being dispatched. If the consignment's dispatch is delayed at the buyer's request, the risk shall pass to the buyer as soon as the seller notifies the same that it is ready for dispatch.
2. The seller shall be entitled, but not required, to insure the consignment in the customer's name and for the customer's account.
§ 6 Warranty and liability
1. The seller's products are made of wood. Despite careful treatment, it is not generally possible to avoid the phenomena and variations typical for this material. For this reason, such phenomena and variations do not constitute a fault, provided they are minor. We recommend to the buyer to coat the purchased product with an environmentally friendly impregnating agent within 4 weeks of receipt.
2. In the event the article of sale is faulty or lacks characteristics assured in writing or if it becomes defective during the warranty period as a result of manufacturing faults or material defects, the seller shall, at its discretion, either provide the buyer with a replacement or repair the defect to the exclusion of other warranty claims – in particular to the exclusion of any consequential damage claims, unless the seller acted wilfully or with gross negligence.
3. The warranty for all structural parts is 2 years from the date of handover or acceptance and hand-over of keys. There is no warranty for accidental glass breakage from the date of handover.
4. The buyer has to immediately notify the seller in writing of any obvious defects and at the latest within one week of delivery. The defective delivery items have to be held ready for inspection by the seller in the exact condition in which they were on detection of the defect.
5. Should the repair fail, the buyer shall be entitled to demand an appropriate reduction of the purchase price.
§ 7 Retention of title
1. The seller reserves the title to the supplied goods until satisfaction of all of the claims that the seller is entitled to for whatever legal reason now or in future. The buyer shall not be entitled to dispose of the reserved goods.
2. In the event a third party – in particular a bailiff – should access the reserved goods, the buyer must notify the same that the goods are the seller's property and notify the same immediately. In such a case, the buyer will be responsible for all associated costs and damage.
3. If the supplied objects of purchase are permanently and irreversibly installed on a piece of land and if ownership of the supplied goods consequently passes to the owner of the piece of land, the buyer hereby assigns his rights against the land owner as arise from the transfer of the property.
4. In the event of a breach of contract by the buyer, in particular if payment is delayed, the seller shall be entitled to repossess the reserved goods at his own cost. The repossession or seizure of the reserved goods by the seller does not constitute a withdrawal from the contract, provided the Statute Covering Instalment Sales does not apply.
§ 8 Payment
1. The goods must be paid for as follows: Down payment of 40% on order placement or start of production, second instalment of 40% two weeks before delivery. The remaining 20% on hand-over or acceptance and handover of key or as agreed in writing. The planning costs are payable immediately on completion of the plans.
2. The seller expressly reserves the right to reject cheques and bills of exchange and will accept the same only on account of payment. Discount expenses and exchange fees must be borne by the buyer and are payable immediately.
3. In derogation of Sections 366 and 367 of the German Civil Code and irrespective of any provisions of the buyer to the contrary, the seller shall determine the claims that the buyer's payments are satisfying.
4. Should the buyer default, the seller will be entitled to charge interest to the amount of the interest rate charged by the commercial banks for overdraft facilities and a minimum interest of 4 percent above the discount rate charged by the Federal Bank. All interest is payable immediately.
5. The buyer shall only be entitled to offset if the counter claim is undisputed or has been established in law.
§ 9 Flat-rate compensation for damage
If the buyer withdraws from the contract without just cause or defaults on acceptance or permanently rejects the seller's services, the buyer has to compensate the seller for any damage. The seller may at his discretion demand flat-rate compensation to the amount of 25 percent of the net purchase price plus VAT or compensation for the actual damage.
§ 10 Place of fulfilment, jurisdiction and partial invalidity
1. The place of fulfilment is 87724 Ottobeuren, Germany. If the buyer is a registered trader, legal entity under public law or public special assets, the place of jurisdiction for any disputes arising from the contracts and any associated legal relationships, the court of jurisdiction for both parties will, at the seller's discretion, be either the local or district court of Memmingen. The same applies if, at the time a suit is filed, the buyer's domicile or ordinary place of residence is unknown. In all other cases, the court of jurisdiction for judicial dunning procedures will be the local court of Memmingen.
2. In the event one or several of the above provisions should be or become invalid, this shall not have any effect on the effectiveness of the remaining provisions. In such a case, the invalid provision shall be replaced with a valid provision that comes as close as possible to achieving the economic intent of the invalid provision.
3. The headings do not have any material significance, in particular not in terms of constituting concluding provisions, but are for ease of reading only.