Delivery and payment conditions of Allcolor GmbH
1. General Provisions
(a) Agreements - in particular insofar as they change these conditions - only become effective once we have confirmed them in writing binding. (b) All of our deliveries and services, including future ones, including suggestions, advice and other ancillary services are provided exclusively on the basis of these general conditions, purchasing and/or ordering conditions of the customer is hereby contradicted. (c) Technical and operational information about weight, dimensions, other Performance and consumption data in our brochures, drawings and publications are for general information only, unless reference is made to this in the offer or our order confirmation; however, this is not the guarantee a property. We reserve the property rights and copyrights to cost estimates, drawings and other documents that they may only be made accessible to third parties with our consent. (d) If, after the tender has been submitted, due to new or changed legal regulations or new requirements from authorities and inspection bodies changes to the contractual Obligations arise, the contract is to be adjusted taking into account the interests of both parties.
2. Price, Payment, Security
(a) The prices do not include packaging, freight, insurance and other ancillary costs (storage, third-party inspection). Added VAT is added at the respective statutory rate. (b) Payments must be made in cash on the agreed dates without receive every deduction with us. (c) The customer only has a right of retention and an authorization to set off to this extent when the counterclaims are undisputed or legally established. (d) We accept discountable and properly taxed bills of exchange as payment if this has been expressly agreed. When accepting bills of exchange or checks the debt is only paid off when it is redeemed. Discount charges and all those arising from the encashment of the bill of exchange and check amount Costs are to be borne by the customer. (e) Failure to meet payment dates will result in interest accruing in accordance with the applicable Bank rates are calculated for overdrafts, but at least interest of 5% above the base rate according to § 1 Discount rate transition law. (f) In the event of default in payment or if our claims are jeopardized by a deterioration in the The customer's creditworthiness is entitled to our claims becoming due regardless of the term of any bills of exchange provide or to demand collateral. We are also entitled to make outstanding deliveries and services only against advance payment or against the provision of collateral. (g) We can with all claims that we have against the the customer is entitled to offset against all claims that the customer has against us.
Unless otherwise agreed, the customer will be billed separately for the packaging. Instead, we can – under Calculation of user fees and deposit - request return of packaging.
4. Deadlines, obstacles to performance
(a) The deadlines only apply if all details of the order are clarified in good time, in particular the Provision of all documents and permits to be procured by the customer, the possible release of drawings and the punctual receipt of any agreed down payment and the punctual provision of any agreed payment security. (b) The agreed deadlines for delivery are also deemed to have been met with notification of readiness for dispatch if the Delivery items cannot be dispatched on time through no fault of our own. (c) When we are involved in the performance of our obligations are prevented by the occurrence of unforeseen events that affect us or our suppliers or sub- Affect entrepreneurs and which we could not avert even with the care that is reasonable under the circumstances of the case, e.g. B. War, interventions by higher authorities, civil unrest, forces of nature, accidents, other operational disruptions and delays in the Delivery of essential operating supplies or primary materials, the dates are extended by the duration of the hindrance and a reasonable start-up time extended. If the fulfillment of our obligations becomes impossible or unreasonable for us due to the hindrance, we can withdraw from the contract; the customer has the same right; if him the decrease because of the delay is not reasonable. In any case, strikes also count as a hindrance for which we are not responsible within the meaning of this paragraph and lockouts.
5. Passing of Risk, Shipping
(a) With the handover to the forwarding agent or carrier, but at the latest when leaving the factory, the Delivery items pass the risk to the customer, even if partial deliveries are made or if we still other services, e.g. B. shipping, installation or assembly. (b) The means of transport and the route are ours leave choice. The same applies to the selection of the forwarding agent or carrier. (c) Deliverables reported ready for dispatch must be retrieved immediately, otherwise we are entitled to use them at our own discretion at the expense and risk of the customer to be stored and invoiced as delivered. (d) We are entitled to make partial deliveries and to charge for them.
6. Retention of Title
(a) The delivery item remains our property (reserved goods) until all claims have been fulfilled, in particular the respective ones Balance claims that we are entitled to against the customer within the framework of the business relationship. (b) The customer has the Obligation to keep the goods subject to retention of title in perfect condition and to carry out any necessary repairs immediately to have specialist companies carry out the work; he can provide us with information about the reserved goods at any time, in particular with regard to the respective location to announce. We are entitled to enter the location of the reserved goods at any time; where required, will the customer grants us or our authorized representatives access to the location of the reserved goods at any time. The customer may only sell, pledge, assign as security or rent the reserved goods with our prior written consent or otherwise transfer or modify or change the location reported to us. The customer is obliged to inform us of to notify us immediately of any endangerment of our property. (c) If the customer violates the obligations of Section 7, we are entitled to pay the entire remaining debt for the reserved goods, regardless of the term of any bills of exchange, due immediately or to demand collateral. If the customer does not pay the entire remaining debt within 7 days corresponding request by us or if he does not provide the requested security within this period, it shall be null and void Right to use the reserved goods. We are then entitled to demand immediate release at the customer's expense to demand the exclusion of any rights of retention. The customer grants us irrevocable access to the site the reserved goods and authorizes us to take them back. (d) We are entitled, without prejudice to the payment obligation of the customer to sell the goods subject to retention of title, which we have taken possession of, as best as possible, or at the respective market price. The market price for the goods subject to retention of title is determined by a Experts appointed by the Chamber of Industry and Commerce responsible for the delivery plant are bindingly estimated for the customer and for us. The proceeds from the exploitation or the market price, after deducting the costs incurred by us, are included in the payment obligation of the charged to the customer. (e) The assertion of the retention of title as well as the seizure of the delivery item by us are not considered withdrawal from the contract. (f) If the value of the existing collateral exceeds the secured claims in total by more than 10%, we are obliged to release securities of our choice at the request of the customer.
We provide a guarantee for defects in our deliveries and/or services, including the lack of guaranteed properties, in accordance with the following provisions: (a) The subject matter of the contract is exclusively the sold or manufactured delivery item, with the properties and features and the intended use in accordance with our product description. Other or more extensive properties and/or features or a purpose of use that goes beyond this shall only be deemed to have been agreed if they have been expressly confirmed by us in writing. (b) The customer is obliged to check the delivery item immediately upon receipt, in particular to determine whether there are defects, whether goods other than those agreed were delivered or whether the agreed quantity was exceeded or not reached. Defects must be reported to us in writing immediately. (c) Non-obvious defects of the type described above and non-obvious incorrect deliveries must be reported immediately after they become apparent, but no later than upon delivery. Customary or minor, technically unavoidable deviations in quality, color, height, width, equipment or weight do not justify a complaint. (d) If the notice of defects is justified and submitted in a timely manner in accordance with Sections 8b and 8c, we will, at our discretion, either rectify the defects or take back the defective delivery items and replace them with perfect delivery items (subsequent performance). We shall bear replacement and transport costs within a framework that must be in reasonable proportion to the materials to be replaced and/or the work to rectify the defect; The customer shall bear any additional costs. If we are in default with the rectification of defects, replacement delivery or new performance, the customer can demand a reduction in payment or withdraw from the affected part of the contract; if the remaining part of the contract is also unusable for him, he is entitled to withdraw from the entire contract. The above rights also exist if the defect cannot be remedied or further attempts at subsequent performance are unreasonable for the customer or if the remedy of the defect and/or replacement delivery fail. (e) Claims of the customer due to defective delivery items expire one year after delivery of the goods or acceptance of the delivery item if the customer is a legal entity under public law, a special fund under public law or an entrepreneur who is exercising his commercial or self-employed professional activity. In the event of fraudulent concealment of defects or the assumption of a guarantee for the quality of the delivery item, further claims remain unaffected. (f) We shall not be liable for any damage arising from the following reasons; unsuitable or improper use, unauthorized and faulty assembly or commissioning by the customer or third parties, subsequent modifications by the customer or third parties, natural wear and tear, negligent or incorrect handling, maintenance or repairs, violations of the operating instructions, unsuitable operating resources, as well as by us representative chemical, electrochemical or electrical influences as well as unusual temperature and weather influences.
(a) Insofar as we are liable for damage based on the statutory provisions in accordance with these conditions caused by slight negligence, we have limited liability: Liability only exists in the event of a breach of essential contractual obligations and is limited to the typical damage that was foreseeable at the time the contract was concluded. This restriction does not apply to Injury to life, body and health. Insofar as the damage is covered by insurance taken out by the customer for the relevant damage event (excluding sum insurance), we are only liable for any associated disadvantages for the customer, e.g. B. higher insurance premiums or interest rate disadvantages up to the claim being settled by the insurance company. No liability is accepted for damage caused by slight negligence due to a defect in the delivery item. (b) Irrespective of fault on our part, our liability in the event of fraudulent concealment of the defect, from the assumption of a guarantee or a procurement risk and under the Product Liability Act remains unaffected. (c) The personal liability of the legal representatives, vicarious agents and employees of our company for damage caused by them through slight negligence is excluded.
9. Place of Performance, Partial Invalidity
(a) The place of performance for our deliveries is the location of the delivery works. If services are also to be provided by us (e.g. assembly), the place of performance is the place where the services are to be provided. The place of performance for the customer's obligation to pay is the payment office specified in our invoice. (b) In the event of the ineffectiveness of individual contract provisions, the others remain binding; an ineffective provision is to be replaced by an effective one that comes as close as possible to the economic purpose of the ineffective one.
10. Jurisdiction, Applicable Law
(a) The place of jurisdiction for all legal disputes, including bills of exchange and checks, is Abenberg. However, we can also sue the customer at the courts of his general place of jurisdiction. (b) The law of the Federal Republic of Germany applicable to legal relationships between domestic parties applies exclusively to all legal relationships between the customer and us.