- General, scope
Unless otherwise expressly agreed in writing, the following conditions apply exclusively to all of our deliveries and services as well as to all future contracts for the sale, delivery and maintenance of articles in the field of commercial kitchen technology. With the placing of an order, but at the latest with the receipt of the goods, the buyer accepts these conditions. Any conflicting purchasing conditions or other general contractual conditions of the buyer are hereby rejected.
Our prices are ex distribution warehouse and do not include packaging. The packaging is charged at cost. In relation to entrepreneurs, our prices are subject to change. Unless otherwise agreed, they result from the price list valid on the day of delivery plus statutory VAT.
(1) Delivery dates and periods are only binding for us if they have been expressly agreed. They are complied with if the goods have left our delivery warehouse by the time they expire or readiness for dispatch has been notified in accordance with Section 5 (1) Clause 3. (2) In the event of force majeure and other unforeseeable, extraordinary and through no fault of our own circumstances (e.g. war, blockade, fire, natural disasters, riot, strike, lockout; operational, transport disruptions, material procurement, energy supply difficulties and official interventions), we are at our disposal are prevented from fulfilling our obligations on time, are entitled to extend the delivery period to a reasonable extent or, if delivery becomes impossible or unreasonable for us, to withdraw from the contract in whole or in part. This also applies if the aforementioned circumstances occur at sub-suppliers. If possible, we will notify the buyer of the aforementioned circumstances. If the delivery time is extended or if we are released from the delivery obligation, the buyer cannot derive any claims for damages from this. (3) If binding delivery dates or deadlines are exceeded (also in the cases mentioned in the previous paragraph), the buyer - except for firm deals - is only entitled to withdraw from the contract after a grace period of at least two weeks to be set by him. (4) We are entitled to make partial deliveries. In the case of partial deliveries, the buyer can only withdraw from the entire contract if the partial fulfillment of the contract is of no interest to him.
- Transfer of risk and dispatch
(1) Delivery takes place at the expense and risk of the buyer. The risk is transferred to the buyer at the storage location as soon as the goods have been handed over to the person carrying out the transport, have left our warehouse for the purpose of dispatch or have been loaded onto our own or third-party means of transport of our choice. If the goods are ready for dispatch and dispatch or acceptance is delayed for reasons for which we are not responsible, the risk is transferred to the buyer upon receipt of the notification of readiness for dispatch. (2) At the express written request and at the expense of the buyer, we will insure against the usual transport risks.
- Payment, offsetting and right of retention
(1) Unless otherwise agreed, payment is made in advance without any discount. You will automatically receive an order confirmation with details of our bank details. Your order can only be processed after payment has been received. When paying by cash on delivery, separate cash on delivery fees apply; these will be shown to you separately in our order confirmation. We expressly reserve the right to reject checks and bills of exchange. Their acceptance is only on account of payment and without guarantee for timely submission and protest. Discount and bill charges are borne by the buyer and are due immediately. (2) If payment dates are exceeded, merchants are liable to pay interest at the rate of 5% p.A. (3) If the buyer experiences a significant deterioration in assets or if we become aware of poor financial circumstances and if this jeopardizes our claim to payment of the purchase price or if the buyer defaults on payments, all of our claims - also in the case of deferment and regardless of for example incoming bill of exchange - due immediately. Without prejudice to further claims for damages, we are entitled to withdraw from the contract in the aforementioned cases if the buyer does not effect the payment of the purchase price or provide security for the purchase price within seven days of being requested to do so. (4) The buyer may only offset undisputed or legally established claims. A right of retention on the part of the buyer due to claims that do not result from the same contractual relationship is excluded.
- Retention of title and assignment in advance
(1) We remain the owner of the delivered goods (goods subject to retention of title) until all claims to which we are entitled now and in the future, regardless of the legal reasons, including the respective balance claim from any improper or genuine current account have been met. Processing or transformation of the reserved goods takes place for us as the manufacturer, but without any obligation for us. If the reserved goods are processed or combined with other goods that do not belong to us, we are entitled to co-ownership of the new item in the ratio of the gross invoice value of the reserved goods to the market value of the other goods used. If the buyer acquires sole ownership of the new item, he transfers his co-ownership share to us in accordance with the gross invoice value of the reserved goods used. The buyer will store the new items for us free of charge with commercial diligence. (2) The buyer is only entitled to resell the goods subject to retention of title in the ordinary course of business with the agreement of retention of title. He is not entitled to pledge or transfer by way of security. The buyer hereby assigns to us all claims with ancillary rights that arise from the sale or other use of the reserved goods. In the event of the sale or other use of items to which third parties have rights, only the partial amount corresponding to the gross invoice amount will be assigned to us. The assigned claims serve to secure all claims according to No. 7 (1). (3) The buyer is authorized to collect the assigned claim. In the event of late payment, suspension of payments, Application for or opening of insolvency proceedings or other financial collapse of the buyer, as well as non-compliance with the buyer's obligations arising from ownership, we can revoke the collection authorization and demand that the buyer notify us of the assigned claim and its debtors, provide all information required for collection, the associated documents hands over and notifies the debtor of the assignment. Under the same conditions, we are entitled to revoke the authorization to resell and / or process the reserved goods. In the event that we have broken away from the contract, we are entitled to collect the reserved goods immediately and, for this purpose, to enter the business and storage rooms of the buyer unhindered and, at our option, to dispose of them. Further rights on our part are not affected by taking possession of the reserved goods. Taking back the reserved goods does not constitute withdrawal from the contract. Section 13 (3) of the Consumer Credit Act remains unaffected. (4) The buyer must notify us immediately of any access by third parties to the reserved goods or to the claims assigned to us. The purchaser shall reimburse us for the costs incurred to ward off interventions by third parties. (5) If the value of the security existing for us exceeds our claims by more than 20% in total, we are obliged to release the excess security at our discretion at the request of the buyer.
The buyer is obliged to examine the goods immediately upon receipt - i.e. in any case before installation and further processing. Recognizable defects must be reported in writing by entrepreneurs within the same day after receipt of the goods - in the case of hidden defects within the same period after the damage has been identified. Otherwise all warranty claims are excluded. The receipt of the complaint by us is decisive.
(1) If the buyer notifies us of a defect in the goods delivered by us, his warranty claims are based on the statutory provisions, unless otherwise regulated below. (2) In relation to entrepreneurs, we reserve the right to choose the type of supplementary performance (removal of the defect or delivery of a defect-free item). The warranty period is one year for deliveries to entrepreneurs and 2 years for deliveries to consumers. (3) Warranty claims may only be assigned with our consent.
(1) We are liable to entrepreneurs for damages, in particular due to delay, non-performance, poor performance, positive breach of claims, culpability when concluding a contract or from unlawful acts - except for quality and durability guarantees and in the event of a breach of an essential obligation (cardinal obligation) - only in the event of intent or gross negligence. Liability for gross negligence towards entrepreneurs is limited to the damage that is usually and typically foreseeable in such cases. If we have contractually guaranteed the quality of goods and the goods are not of this quality, we are only liable to the exclusion of further rights for compensation for consequential damage caused by the defect that should be covered by the guarantee. (2) The limitation of liability applies to the same extent for vicarious agents and vicarious agents. It does not apply to personal injury or property damage. (3) The provisions of the Product Liability Act remain unaffected by the above regulations.
(1) German law applies to all legal relationships between the parties. The application of the uniform international sales law (UNCITRAL agreement, CISG) is excluded. (2) The place of jurisdiction for all disputes arising from the business relationship is the registered office of our company if a) the contractual partner is a registered trader, legal entity under public law or public special fund; b) the contractual partner relocates his place of residence or usual place of residence outside the scope of the Federal Republic of Germany after the conclusion of the contract or if the place of residence or usual place of residence of the contract partner is not known at the time the action is brought. However, we are also entitled to sue the contractual partner at the court responsible for the contractual partner's registered office. (3) Should one or more of the above provisions be or become wholly or partly ineffective, the remaining provisions shall remain unaffected.
- Data processing
Your data will be saved electronically (§§27, 33 BDSG).