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Terms and conditions

§1 General – Field of Application

1. Our terms of sale are exclusive, conflicting terms or terms
deviating from our terms of sale of the customer are not accepted
unless we would have expressly and by writing agreed to their
validity. Our terms of sale are also valid, if we, knowing about
conflicting terms or terms deviating from our terms of sale of the
customer, execute the delivery to the customer without any
reservation.
2. All agreements made between us and the customer for the
execution of the contract are written down in this contract.
3. Our terms of sale are only valid to companies on the basis of § 310
para. 1 BGB (German Civil Code.

§2 Offer – Quote Documentation

1. If the order is to qualify as an offer according to §145 BGB, we can
accept it within two weeks.
2. We reserve the ownership and copyrights for all pictures, drawings,
calculations and other documents. The same is for all such written
documents, designed as confidential. For the transmission to third
parties the customer needs our expressly written consent in
advance.

§3 Prices – Terms of Payment

1. Unless otherwise indicated in the Confirmation of order, our prices
are „ex works Muggensturm“, packaging is not included. This is
calculated separately.
2. The VAT is not included in our prices; on the day of invoice it will be
accounted separately in the invoice.
3. For a cash discount a special written agreement is necessary.
4. Unless otherwise indicated in the confiramtion of order, the
purchasing price net (without deduction) has to be balanced within
30 days after invoice; for a delay in payment the corresponding
legal rules are valid.
5. The customer is only entitled to set off if his counterclaims are
legally stated, uncontested and recognized by us. Furthermore the
customer has the right to execute the right of retention if his
counterclaim is based on the same contractual relationship.

§4 Delivery Time

1. Before the beginning of delivery time, indicated by us, all technical
questions have to be cleared up.
2. We can only keep our delivery obligations if the customer fulfills his
obligations in time and due course. The objection of a contract not
fulfilled is reserved.
3. If the customer is in default of acceptance or if he/she harms
culpably other obligations to co-operate, we are entitled to demand
recompensation for the in so far arising damages, including
possible extra costs. Further rights of compensation are reserved.
4. If the preconditions for para. 3 are existent, the hasard of an
accidental loss or an accidental deterioration of the object of sale
will pass to the customer in the moment when latter is in default of
acceptance or in debtor's delay.

§5 Passing of Risk – Packaging Costs

1. Unless otherwise indicated in the confirmation of order, delivery „ex
works Muggensturm“ is agreed upon.
2. Transport and all other packagings under the terms of the
packaging classifications, will not be taken back; paletts are
excluded. The customer is obliged to care for the elimination of
packagings on his/her own costs.
3. If the customer wishes we will cover the delivery by a transport
assurance; the arising costs have to be borne by the customer.

§6 Liability for Defects

1. Claims due to defects of the customer require that latter has duly
fulfilled all his obligations concerning inspection and objection
according to § 377 HGB (German Commercial Code).
2. If the product is defaulty, the customer is entitled at his/her own
option either to get a supplementary performance in form of a
rectification of a defect or the delivery of a new product without
defect. In case of rectification of a defect we are obliged to bear all
expenditures, especially costs of transport, fares, costs of work
and material, unless they increase due to the fact that the product
has been transported to another place than the place of delivery
originally indicated.
3. If the supplementary performance fails, the customer is entitled to
demand at his/her own option either a withdrawal or to get a
reduction.
4. We are liable according to the legal regulations, if the customer
claims for damages, based on deliberate act or rude negligence of
our representatives or our assistants. If we are not accused of
deliberate breach of contract, the liability of damages is limited to
foreseeable, typical damages.
5. We are liable according to the legal regulations, if we culpably
breach an important contractual obligation; but in this case the
liability of damages is limited to foreseeable, typical damages.
6. Liability due to culpable violation of life, body or health is not
affected; the same is for a mandatory liability according to the law
of product liability.
7. Unless otherwise agreed in writing, all other liability is excluded.
8. Period of limitation for claims of default is 12 months., beginning
with passing of risk.
9. Period of limitation in case of recourse in default of delivery
according to §§ 478, 479 BGB is not affected;it is 5 years
beginning with delivery of the defaulty product.

§7 Joint Liability

1. A liability for damages exceeding §6 – regardless of the legal
nature of the claim applied for – is excluded. This is especially for
claims for damages out of negligence during the conclusion of the
contract, due to other breaches of duties or due to tortious claims
for damages of material damages according to § 823 BGB.
2. In so far as the liability for damages in relation to us has been
excluded or limited, this is also valid in vue of personal liability for
damages of our employees, workers, representatives and
assistants.

§8 Retention of Title

1. We reserve the title to the object of sale until receipt of all
payments from the delivery contract. If the customer commits a
breach of contract especially for delay of payment, we are entitled
to take back the object of sale. Taking back the object of sale does
not mean to withdraw from the contract, unless, we would have
declared it expressly in written form.The seizure of the object of
sale always means a withdrawal from the contract. After taking
back the object of sale we are entitled to dispose of it; the
proceeds have to be taken into account for the debts of the
customer, less reasonable utilisation costs.
2. The customer is obliged to treat the object of sale with care;
especially he/she is obliged to assure it sufficiently (at their original
value) and at his/her own expense against damages caused by
fire, water and theft.
3. In case of seizures or any other interventions of third parties the
customer has to inform us immediately in writing, so that we can
bring an action according to § 771 ZPO (German Code of Civil
Procedure). In so far as the third party is not able to refund us the
judical and extra-judical expenses of an action according to § 771
ZPO, the customer is liable for any losses we incur.
4. The customer is entitled to resell the object of sale in the proper
course of buisness; however he herewith already assigns to us all
claims to the amount of the invoice sum total (including VAT)
accruing to him from the resale against his purchaser or third
parties, independant of the fact whether the object of sale has
been resold with or without further processing. The customer also
remains entitled to collect this receivable even after the
assignation.Our authorization to collect the receivables ourselves
shall remain uneffected thereby, however we undertake not to
collect the receivables as long as the customer complies with his
payment obligations arising out of the proceedings collected, is not
default of payment and in particular has not filed a petition for the
opening of insolvency proceedings and payments have not been
suspended. Shall one of these cases apply the customer may be
required to inform us about the assigned debts and the respective
debtor, to give all detail necessary for collection, hands over the
corresponding documents and notifies the debtors (third parties) of
the assignment.
5. The processing or modification of the object of sale by the
customer will always be carried out on our behalf. If the object of
sale is processed with other objects not belonging to us, we shall
acquire part ownership of the new object in the ratio of the value of
the object (final invoiced amount including VAT) at the time of
processing. As for the rest, for the object getting processed the
same shall apply as for the object of the contract, which was
delivered with reservations.
6. If the object of sale is indivisibly mixed with other objects not
belonging to us, we shall acquire part ownership of the new object
in the ratio of the value of the object (final invoiced amount
including VAT) at the time of mixing. If mixing is carried out in such
a way that the object of the customer can be regarded as the main
object, it is agreed that the customer shall assign co-ownership to
us. The customer will keep safe the sole ownership or coownership
thus created on our behalf.
7. On customer's request we undertake to release the securities to
which we are entitled, as far as the realizable value of our
securities exceeds claims to be secured by more than 10 %; we
shall be responsible for selecting which securities to release.

§9 Jurisdiction – Place of Performance

1. As far as the customer is a businessman, our place of business is
also the relevant court of justice; however we are entitled to sue
the customer at the court of his residence as well.
2. The substantive law of the Federal Republic of Germany applies as
well as the German Code of Civil Procedure, with the exclusion on
UN international trade law.
3. Unless otherwise arranged in the confirmation of order, our place
of business is the place of performance
[dastex Reinraumzubehör GmbH & Co. KG, Draisstr. 23, 76461 Muggensturm, Germany][Contact][Imprint][Privacy][Terms]