§ 1. General
a applies exclusively to all deliveries and other services the following terms of sale and delivery.
b The ineffectiveness of individual provisions of this contract or its components does not affect the effectiveness of the remaining provisions.
The contractual partners are obliged to replace an ineffective provision with an effective provision that is equivalent to its economic success, in good faith, within the framework of what is reasonable provided that this does not result in a significant change in the content of the contract; the same applies if a situation in need of regulation does not apply is expressly regulated.
§ 2 Offers, scope of services and conclusion of contract
b Only the order confirmation of the seller is decisive for the scope of the contractually owed services.
c Part deliveries are permitted.
d The documents on which the offer or the order confirmation is based, such as images, drawings, dimensions and weights, are generally only to be understood as approximate values, unless they are expressly designated as binding.
§ 3 prices and terms of payment
a The prices apply ex works excluding packaging and other shipping and transport costs. The packaging will be charged at cost and will only be taken back if the seller is obliged to do so by virtue of mandatory legal regulations.
b If there is more than 4 months between the conclusion of the contract and delivery, without If the seller is responsible for a delay in delivery, the seller can appropriately increase the price, taking into account material, wage and other ancillary costs. If the purchase price increases by more than 20%, the customer is entitled to withdraw from the contract.
c If the seller takes the customer’s requests for changes into account, the resulting additional costs will be charged to the customer.
d If the payment deadline is culpably exceeded, interest of 2% above the currently applicable discount rate of the Deutsche Bundesbank will be charged, subject to the assertion of further claims. e Payments are to be made immediately without deduction, for printing machines each 1/3 of the purchase price upon receipt of the order confirmation, upon receipt of notification of readiness for dispatch and the remaining amount immediately without deduction after handover of the machine, for other deliveries 14 days immediately and without deduction after receiving the invoice. The right to offset remains unaffected.
§ 4 Offsetting and restraint
Offsetting and restraint are excluded unless the set-off claim is undisputed or has been legally established.
§ 5 delivery time
The specification of a delivery time is made to the best of our judgment and is extended appropriately if the customer for his part is required or agreed Delays or fails to cooperate. The same applies to measures in the context of labor disputes, in particular strikes and lockouts as well as the occurrence of unforeseen obstacles that are beyond the will of the seller, e.g. delivery delay of a pre-supplier, traffic and Breakdowns, material or energy shortages, etc. Changes to the delivered goods initiated by the customer also lead to a reasonable extension of the delivery period
§ 6 Transfer of Risk
The risk passes to the customer as soon as the seller has made the goods available to the customer and notifies the customer of this.
§ 7 retention of title
The seller retains ownership of the delivered goods until full payment before. The customer is for security transfer or pledging the goods is not authorized. If the goods are processed or processed by the customer, the retention of title also extends to the entire new item. The customer acquires co-ownership to the fraction that corresponds to the ratio of the value of his goods to that of the goods delivered by the seller.
§ 8 withdrawal
The seller is entitled, in the event of non-compliance with payment obligations or in the event of any other breach of contract, without prejudice to their other rights and regardless of the continuation of the contract, the delivery item at any time to be taken back for the time being until further notice. The provisional withdrawal is not considered to be the exercise of the right of withdrawal. For this purpose, the buyer grants the seller access to the rooms, in which the delivery item is located and undertakes to provide assistance if necessary without claiming compensation for this.
§ 9 Warranty
The warranty claims are initially based on the choice of the seller Rework or replacement delivery limited. If the repair or replacement delivery fails, the customer has the right to choose whether to reduce the remuneration or to cancel of the contract. Further claims of the customer, in particular because of consequential damage caused by a defect, unless this is due to the lack of it guaranteed properties are excluded. This does not apply to intent, gross negligence or material breach Contractual obligations of the seller. For used or general repairs Machines, the guarantee is fundamentally excluded.
§ 10 liability
Claims for damages by the customer are excluded. This does not apply in the event of intent, gross negligence, breach of essential contractual obligations of the seller or the lack of properties guaranteed in writing.
§ 10 Place of performance, place of jurisdiction
Place of fulfillment for all mutually resulting from the delivery transaction Liabilities and place of jurisdiction for all disputes in connection with the delivery business and in the bill of exchange and check process is exclusively Erfurt.
§ 11 ancillary agreements
A subsidiary discussions are only effective if they are given by the seller be confirmed in writing.