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1. General information
The following general terms of business
are obligatory basis
and subject-matter of the contract for the entire course of business
with the client, without special reference to it in each individual case. Alterations and additional special
agreements require written form. This form requirement is only to be removed in
writing. Opposing terms of business of the client are not effective. If one of the
terms of contract should be invalid, then, thereby, it
does not concern the validity of the entire contract. Instead
of the invalid term of contract, the law or a regulation
which comes economically next to that the parties required, comes into force.
2. Supply
The range of the supplies and performances is to be
determined in writing. If a contract was not signed, the written
order confirmation of the supplier is effective. Times and dates for delivery
are only obligatory in the case of written confirmation by the
supplier. In the case of delay, an appropriate following date of delivery is to be granted
covering at least six weeks. An arranged date for delivery was observed,
if,
within this period, the object of the purchase
was transferred to a transport and forwarding agency for distribution to the
client. Likewise, at this time, the turn of risks takes place. If the
production, procurement or supply
is obstructed, delayed or made impossible due to higher force by strike,
lockout, scarcity of raw
materials or other operational disturbances in the own factory, with preceding suppliers or with transport
agencies, then
the supplier has the right to entirely or partly cancel the execution of the
orders or to extend the times for delivery. Claims to recover damages are
in no case to be placed against
the supplier. Otherwise, claims for damages of the client because of delay
are limited to the purchase price
except with intent and gross negligence of the supplier or its executing
assistants, as far as the client substantiates the damage
caused by the delay. The client is contracted to individually pay for partial
deliveries.
3. Prices
The prices are without engagement and always
effective without packaging and delivery costs. If a period of more than three
months is situated between conclusion of a contract and supply, the supplier is entitled to consider any cost increases due to wage and material
costs and to place those prices valid on the day of supply.
4. Terms of payment, retention of
ownership
The invoices are payable within 30 days after issue. If the client is delayed with the
payment, the supplying company is legitimated to calculate
default interests at a value of 2% above the respective
rate of discount of the Federal Bank and to enforce damage caused by default.
The goods are property of the supplier up to the
complete fulfillment of all commitments of the contractual relation. The
client has to take good care of the goods which are under retention of
property, to inform the supplier immediately in writing about each change
of location and interventions of a third party, in particular with
seizures under attaching the seizing log. If the goods are supplied to a
third party according to the intended purpose, the client has to obligate
this third party to observe the retention of property in accordance with
the provisions mentioned above. In the case of disregard of the
aforementioned determined liabilities of the client, the supplier has the
right to withdraw from the contract. If the supplier makes use of its
right of withdrawal - given due to the retention of property - because of
non-payment of the purchase price, after it set the client in delay, the
client has to pay for the appropriate expenditures of the supplier -
namely 5% of the purchase price of the taken back goods and further
10% for depreciation of the taken back goods as well as for leaving them
for the client's use, subject to the offsetting of an actually proven,
larger damage.
If the client cancels starting from 4 weeks after order
signing, a cancellation fee is due, namely 5% of the quantity of the
order, plus the already developed proven costs (material, work time etc.).
5. Liability
Objections must be made immediately after receipt of
the goods by registered letter, otherwise the goods are to be regarded as
perfectly supplied. Then, the supplier commits itself to carry out
improvements concerning lacks of goods of the purchase within an
appropriate period or to substitute those goods, alternatively. The return
to the supplier has to take place carriage-free and insured. If a second
rework attempt fails too in an appropriate period and no substitution is
given, the client can require the cancellation of the contract and the
lowering of the purchase price. Any kind of the guarantee, in particular
payment of damages, because of lack-consequential damage, is impossible.
The guarantee does not extend to such damage, which results from
natural wear and tear, inappropriate handling etc. by the client. The
guarantee duty expires if the client carries out any unauthorized repairs
or modifications. Guarantee claims exist according to the general terms of delivery of the ZVEI for 12 months after delivery / handing over. Claims for payment of damages of the client
because of default, bad performance of the contract or because of
incorrect specifications in the conclusion of a contract - as far as the
aforementioned things are not differently regulated - are limited to the
amount of the purchase price of the respective thing, which is in direct
connection with the occurred damage, unless intent or gross negligence
fall to the debit of the supplier or its coworkers, respectively.
6. Place of fulfillment and legal venue
Place of fulfillment is Potsdam. Potsdam is legal venue
for all disputes resulting from the contractual relation.
Potsdam is legal venue in the case of contracts with
fully qualified merchants.
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