General Terms and Conditions
1 Validity of the GTC
Our General Terms and Conditions apply to all business relationships with our customers, in particular to all purchase contracts, contracts for work and labour and contracts for work and materials.
Deviations, additions or verbal collateral agreements to these GTC shall only apply if they are confirmed by us in writing. This applies in particular to agreements with our representatives and sales representatives.
These General Terms and Conditions shall also apply to all future purchase contracts, contracts for work and labour and contracts for work and materials with our customers without the need to expressly refer to them again. Conflicting terms and conditions of the customer shall not apply. This shall also apply if we have not expressly objected to them.
2. validity of the VOB
Insofar as we provide construction services, the General Terms and Conditions of Contract for the Execution of Construction Services (VOB Part B) shall apply in addition.
They apply one after the other in the following order:
a) the service description
b) the special contractual conditions
c) any additional contractual conditions
d) any additional technical contractual conditions
e) our General Terms and Conditions (GTC)
f) the General Conditions of Contract for the Execution of Construction Work (VOB Part B).
3. conclusion of contract, content of contract
Our offers are subject to change. A contract is only concluded when the order placement by the customer is confirmed by us in writing. This also applies to subsidiary agreements and assurances, as well as to subsequent amendments to the contract. Transfers of rights and obligations of the customer arising from the contract with us require our written consent.
Dimensions, weights, illustrations, graphic representations etc. in the offer documents are approximate. Deviations from the intended design are permissible insofar as they do not exceed the customary scope, do not lead to a significant reduction in value and are reasonable for the customer.
All offer documents, illustrations, catalogues, drawings etc. remain our property. They must be returned immediately without being asked in the event that the contract is not concluded. They may not be passed on, published or reproduced without our written authorisation. The copyrights to the technical illustrations provided by us shall remain with us. We are entitled to affix a company logo or other labelling to all work performed by us. By concluding the contract, the customer gives his consent for the work carried out by him to be used in our advertising.
The customer must immediately check our order confirmation and the associated documents for completeness, correct type number, dimensional data, etc. The same applies to the design codes transmitted. The same applies to transmitted design codes.
The content of the contract documents shall be deemed to be recognised as an integral part of the contract unless the modified execution drawings are returned or change requests are communicated in writing within eight days of receipt by the customer. Decisive for the timeliness of change requests is the receipt of the written notification by us.
If labour services (assembly, installation, etc.) are included in our offer, the customer is obliged to prepare the site for unhindered work.
The customer must allow us to use scaffolding, connections for power tools and power and water supply free of charge. The chiselling and closing of holes and slits as well as finishing work are not part of the order. They shall only be carried out against separate order placement and invoicing. Parts delivered by us must be stored by the customer in a dry place and protected from the effects of the weather and damage. The customer must carry out unloading work at his own expense. Existing installations must be protected against damage by the customer. The customer must ensure that installation is possible on the date agreed with us and, in particular, that all necessary preparatory work has been completed. The customer must confirm to us in writing at least two weeks before the agreed date that the installation will be possible on this date. We are entitled to refuse to commence installation if the aforementioned requirements are not met. A service shall be deemed to have been accepted six working days after the start of use. This shall not apply if the customer submits justified complaints in writing within the aforementioned periods. The date of receipt by us shall be decisive for the timeliness of the notification of defects.
Upon request, the customer is obliged to sign and return to us a certificate of acceptance submitted by us after completion of the installation and acceptance of the service. Parts that have not yet been permanently installed by the time assembly is completed may be handed over to the customer. They must be specially noted in the acceptance certificate.
Employees deployed by us for installation are not authorised to make legal declarations.
4. delivery, execution
The delivery only includes the services mentioned in the order confirmation.
Delivery and execution deadlines must be expressly agreed with us. These deadlines shall not commence until all commercial and technical requirements for the execution of the order have been finalised, but not before the drawings submitted have been approved and any agreed advance payment has been received. Furthermore, the deadlines shall not commence until the customer has submitted the documents, authorisations, approvals etc. to be procured by him.
A deadline shall be deemed to have been met if the delivery item has left the factory or the customer has been notified of readiness for dispatch by the time it expires. The first change to the approval drawing is included in the scope of the order; further changes will be charged at cost. If the delivery is delayed for reasons for which the customer is responsible, the risk shall pass to the customer from the date of notification of readiness for dispatch. In this case, we shall be entitled to store the goods at the customer's expense and risk. Execution deadlines shall be deemed to have been met if the system can be put into use, even if individual deliveries or executions are not carried out until later.
Partial deliveries are permitted.
The agreed delivery and execution deadlines shall be extended appropriately if circumstances arise after conclusion of the contract which prevent timely fulfilment of the contract and which we are unable to avert despite taking reasonable care in the circumstances. These include, in particular, operational disruptions, labour disputes, official interventions, delays in the delivery of raw and construction materials essential to us, energy shortages, etc.
If such impediments to performance subsequently render the delivery or execution impossible for us, or if such impediments to performance cannot be eliminated within a reasonable period of time, we shall be entitled to withdraw from the contract. In this case, the customer shall be released from his obligation to perform. Further claims of the customer are excluded. Otherwise, the customer's claims due to delay or impossibility of delivery or performance shall be limited to a maximum of 12 % of the invoice value of the goods or service with which we are in default or which has culpably become impossible for us. This limitation of liability does not apply to cases in which we are legally liable due to intent or gross negligence.
Delivery shall be at the customer's risk. This shall also apply if carriage paid delivery or installation is contractually owed.
At the customer's request, insurance against transport damage, transport loss or breakage will be taken out in his name and for his account. Any claims for damages due to transport damage etc. must be asserted by the customer directly against the carrier or, if possible, against the insurance company.
If the delivery is made at the customer's expense, we are free to use our own company vehicles for the delivery. In this case, we are entitled to charge reasonable travelling expenses.
The goods shall be packaged as is customary in the industry. Unless otherwise contractually agreed, the packaging shall be charged at the lowest possible price and shall not be returned.
If, at our request, the packaging material is returned in perfect condition and carriage paid, the customer shall be issued with a credit note for 2/3 of the invoiced value. Claims arising from defects in the packaging cannot be asserted against us if the packaging has been carried out with the necessary care and in the manner customary for us.
5. prices - terms of payment
All prices for deliveries are ex works excluding packaging, shipping and transport costs and postal charges. Cartage, storage charges and similar costs shall be borne by the customer. If delivery and assembly have been agreed, the prices shall apply free site, including assembly costs, unless the contract provides otherwise.
The prices are net prices plus statutory VAT.
The agreed prices shall apply on condition that the delivery or service offered is ordered and accepted. In the case of partial orders or partial acceptance, we shall be entitled to invoice the resulting additional prices. We shall no longer be bound by the agreed prices if there are more than four months between the date of receipt of the order confirmation and the performance of the service by us and the customer is responsible for this delay. In this case, we are authorised to charge the current prices on the day of delivery or performance.
Invoices are payable without deduction within 30 days of the invoice date. If instalments or payments on account have been agreed, these shall be payable within eight days of receipt of the demand letter. If the customer fails to make the instalment or part payment on time, we shall be entitled to suspend the delivery or service or to withdraw from the contract at our discretion. In the event of cancellation of the contract, we shall be entitled to claim the damages incurred by us, including loss of profit for the part of the order that was not carried out.
If the customer defaults on payment of due claims, all our claims against the customer from the same legal relationship that are not yet due shall also be deemed due. In the event of late payment, we are authorised to charge interest in the amount of the bank interest payable by us, but at least 12 % per year. The customer has the right to prove that we have not suffered any damage caused by default or that the damage is lower. The assertion of higher default damages to be proven in individual cases is not excluded.
We are not obliged to accept bills of exchange or cheques. They shall only be accepted on account of performance and on the basis of a special agreement, subject to the possibility of discounting and without any guarantee that they will be honoured and protested in good time.
Credit notes for bills of exchange and cheques shall be issued subject to receipt, less all expenses, on the day on which we can finally dispose of the equivalent value.
If we become aware of sales which cast doubt on the customer's creditworthiness, we shall be entitled to declare all claims due immediately and to perform further deliveries and services only against advance payment. We may also, without withdrawing from the contract, prohibit the resale and processing of the delivered goods and demand the return of the goods at the customer's expense or take possession of them without the customer being entitled to a right of retention or similar right. We are entitled to utilise the returned goods by private sale to offset them against our outstanding claims. Irrespective of this, we reserve the right to withdraw from the contract or to demand compensation for non-fulfilment.
If damages for non-performance can be claimed, our claim for damages shall amount to at least 20 % of the agreed price. We reserve the right to claim damages in excess of this amount. The customer is entitled to prove that we have incurred no or less damage.
We are authorised to assign our claims. Offsetting against our claims is only possible with counterclaims recognised by us or legally established and is otherwise excluded.
A right of retention is excluded unless it is based on the same contractual relationship. In business transactions with registered traders, the assertion of a right of retention is generally excluded.
6. warranty
7. claims for damages
Claims for damages by the customer are excluded, regardless of the legal nature of the asserted claim.
This applies in particular to all claims for culpa in contrahendo, breach of secondary obligations, in particular for claims arising from manufacturer's liability in accordance with §823 BGB.
The exclusion shall not apply if liability for damages is mandatory and unavoidable by law due to intent or gross negligence or in the case of warranted characteristics.
Similarly, this exclusion shall not apply to claims of the customer pursuant to § 1.4 of the German Product Liability Act (Produkthaftungsgesetz) or in the event of initial incapacity or impossibility for which we are responsible. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, sales representatives and vicarious agents.
For the proper and timely assertion of claims arising from producer liability in accordance with
§Section 823 of the German Civil Code (BGB) shall apply accordingly, irrespective of against whom these claims are asserted.
If the delivery or service is not or not completely carried out for reasons for which the customer is responsible, we shall be entitled to demand lump-sum compensation in the amount of 20 % of the invoice value of the order or part of the order not carried out. The customer reserves the right to prove that no or less damage has been incurred.
8. reservation of title
9. consumer dispute resolution § 36 VSBG
The consumer arbitration board responsible for Käuferle GmbH & Co. KG is the competent consumer arbitration board
General Consumer Arbitration Board of the Centre for Arbitration e. V.
Strassburger Str. 8
77694 Kehl on the Rhine
Phone: 07851 7957940
Fax: 07851 7957941
Email: mail@verbraucher-schlichter.de
Website: www.verbraucher-schlichter.de
Käuferle GmbH & Co. KG does not participate in consumer arbitration proceedings before the aforementioned consumer arbitration board in accordance with the Consumer Dispute Resolution Act.
10. data protection
With regard to data protection, we refer you to our separate privacy policy, which you can view on our website at www.kaeuferle.de/datenschutz, or which we will be happy to send you on request.
11 Place of fulfilment and jurisdiction
The place of fulfilment for all obligations arising from the business relationship is Aichach.
If the customer is a registered trader or a legal entity under public law or a special fund under public law, the place of jurisdiction shall be Aichach. Aichach shall also be the place of jurisdiction if the customer moves his domicile or usual place of residence outside Germany after conclusion of the contract or if his domicile or usual place of residence is not known at the time the action is filed.
12. final provisions
The law of the Federal Republic of Germany shall apply. The application of the uniform international sales law is excluded. Should one of the above conditions be invalid or be declared invalid by a legally binding court judgement, the remaining provisions shall remain unaffected. The contracting parties agree that the invalid provision shall be replaced by a provision that comes closest to the agreed and intended economic purpose.
