GENERAL TERMS AND CONDITIONS (AGB)
§ 1 VALIDITY
The following terms and conditions shall apply to all sales by us unless they are excluded with our express written consent.
§ 2 CONCLUSION OF CONTRACT/SIDE AGREEMENTS
Our offers are subject to change. The contract and changes to the contract require our written confirmation.
§ 3 PRICES
Unless otherwise agreed, prices are exclusive of turnover tax, transport, packaging, customs duties and other charges. An increase in production costs between conclusion of the contract and delivery, in particular personnel costs, raw material prices and sales, entitles us to adjust prices accordingly. This shall apply insofar as we are responsible for the increase in production costs between conclusion of the contract and delivery. The same applies if we have to bear the transport costs.
§ 4 TERMS OF PAYMENT
The purchase price is payable within 30 days of the invoice date net cash against invoice. If payment is made within 14 days of the invoice date, we grant a discount of 2% on the value of the goods. in case of default of payment, we may charge interest at a rate of 8% above the respective base interest rate as well as dunning costs of €10.00. This shall not affect any further claims. In the event of unsatisfactory information about solvency or default of payment, we may predicate further delivery on immediate payment or advance payment.
§ 5 PARTIAL DELIVERIES
We can make partial deliveries and deviate from the agreed quantities by 10%.
§ 6 DELIVERY
The delivery date is the date of dispatch. We can deliver up to one week before the agreed date. If we need documents from the buyer for the production, promised deadlines shall be postponed until the necessary documents have been made available to us. If we are in default with a delivery, the buyer may withdraw from parts of the contract that have not yet been fulfilled after setting a reasonable grace period. Claims for damages of the buyer are excluded, unless we are guilty of intent or gross negligence. If the buyer does not accept the goods after notification of contractual readiness for delivery, or if he does not issue the necessary dispatch instructions, we may claim damages for non-performance or withdraw from the contract after setting a grace period. In addition, we shall be entitled to customary local storage costs. The place of performance shall be our dispatch warehouse. We shall only cover transport insurance at the buyer’s expense and at the buyer’s written request. Free shipping from a net goods value of €750,-, below that we charge a freight cost share of €35,-.
§ 7 SELF-DELIVERY/FORCE MAJEURE
We reserve the right to correct and punctual self-delivery. Force majeure, shortages of raw materials and energy, unforeseeable production difficulties, strikes, lockouts, traffic disruptions, acts of government or other events which could not be averted by reasonable care and which make delivery unreasonably difficult shall extend the delivery period accordingly. They entitle us to withdraw from the contract in whole or in part without being able to claim damages. The buyer is entitled, after setting a reasonable grace period, to withdraw from the unfulfilled part of the contract.
§ 8 CALL ORDERS
In the case of call orders without fixed call-off dates, we may set a period of acceptance of 2 weeks after 2 weeks from the date of the order confirmation. Thereafter payment shall be due and we shall be entitled to customary local storage costs irrespective of further rights. If the buyer does not accept the goods after setting a grace period, we can withdraw from the contract or claim damages for non-performance.
§ 9 WARRANTY
The buyer must inspect the goods immediately after delivery and check their suitability for use. Complaints regarding the nature, quantity and quality of the goods must be made in writing within 10 days after delivery. Hidden defects must be reported in writing immediately after discovery, at the latest within 6 months after delivery. Otherwise, claims based on material defects are excluded. If the purchaser has used the goods with knowledge of a defect, they shall be deemed to have been approved. Even within the above periods, all material defect claims, whether rescission, reduction or damages are excluded. Small colour deviations shall not be regarded as defects, in particular in the case of subsequent delivery. For the rest, the regulations of the GKV Prüf- und Bewertungsklausel (examination and evaluation clause) 1959, sheets 1 to 4 in the respectively valid version apply to the quality assessment of our products with the exception of the test period according to para. 3.3 sentence 1 of sheet 1. We shall neither be liable for the fact that the intended use of the goods complies with public law regulations nor for the fact that the goods themselves comply with foreign public law regulations. We are also not liable for the fact that the use of the goods does not infringe any industrial property rights or that the goods themselves do not conflict with foreign industrial property rights. In the case of defects in goods, we have the choice between withdrawal, reduction, replacement delivery or rectification. If replacement delivery or rectification fails, the buyer can demand a reduction of the purchase price (reduction) or withdraw from the purchase price. As soon as the goods have been used, changed or lost in whole or in part and we are not responsible for this (acceptance), the claim for compensation shall be offset in the event of withdrawal. In case of doubt, it is assumed that the compensation corresponds to the total value of the goods. Claims for damages based on or associated with defects in goods are excluded, unless we are guilty of intent or gross negligence. This does not apply to causal personal injury. We shall only be liable for information, recommendations and advice on the usability and handling of the goods if expressly assured in writing.
§ 10 RESERVATION OF TITLE
The goods shall remain our property until complete payment of all claims, including future claims, arising from the business relationship with the buyer. The buyer is entitled to sell, work on or process the goods in the proper course of business. Any working on or processing of the goods shall be carried out on our behalf without any obligation on our part. If the goods are processed, combined or mixed with other items, we shall acquire ownership of the new item in proportion to the invoice value of the item supplied by us in proportion to the value of the other item. The buyer undertakes to store these items for us with due commercial care. The buyer hereby assigns his claims from the resale of the reserved goods to us; if an item is sold in which we are only entitled to co-ownership in accordance with paragraph 1, this assignment shall apply to the amount of the invoice value of our goods. We accept the assignment. The buyer is entitled to collect the assigned claims. Upon request the buyer is obliged to inform us of the third-party debtors and to notify them of the assignment as well as to issue individual declarations of assignment to us. The buyer must immediately notify us of any foreclosures by third parties of the reserved goods, new items that are co-owned by us, or assigned claims, and provide us with the documents required for an intervention. If the value of the securities exceeds the claims to be secured by more than 20%, we shall release securities of our choice upon request.
§ 11 RIGHT OF REVOCATION
It is expressly agreed that the contractual partner is only entitled to a right of revocation if it is a consumer. If a consumer orders the B2B products from us, he must inform us at the time of the ordering process that he is not purchasing our products in consideration of an entrepreneurial or commercial activity. If he fails to do so, he must be qualified as an entrepreneur. As far as a consumer is involved in the disputed legal transaction, he has the right to revoke this contract within 14 days without giving reasons. The withdrawal period shall be 14 days from the date on which the contract is concluded in the case of service contracts, or from the date on which you or a third party other than the carrier who took possession of the goods, designated by you, or in the case of a contract of sale. In order to exercise your right of withdrawal, you must inform btf Innovationen für den Bau GmbH, Fahrenheitstrasse 3, 86899 Landsberg am Lech, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) that you have decided to withdraw from this contract. If you revoke this contract, we will reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a method of delivery other than the more favourable standard delivery offered by us), immediately and no later than 14 days after we receive notice of your revocation of this contract. For the refund we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no event will we
charge you for this refund. We may refuse to refund until we have received the returned goods or until we have evidence that you have returned the goods. You must return or hand over the goods to us no later than 14 days from the date of the declared revocation. The dispatch of the goods is sufficient to meet the deadline. The cost of returning the goods shall be borne by the buyer.
§ 12 APPLICABLE LAW / PLACE OF JURISDICTION
The contract is subject to the law of the Federal Republic of Germany. The Uniform Law on the International Sale of Goods shall not apply. Place of jurisdiction is the court responsible for Landsberg am Lech. This does not apply if the buyer is not a registered merchant, unless he has no general place of jurisdiction in Germany.
§ 13 LIMITED VALIDITY
For contracts with buyers who are not merchants, legal entities under public law or special funds under public law, the above terms and conditions shall apply with the following restrictions: We are only entitled to a price increase in accordance with para. 3 sentence 2 if the agreed delivery date is more than 4 months after conclusion of the contract. The right of withdrawal of the buyer according to para. 6 sentence 3 shall apply to the entire contract if the partial performance is of no interest to it. Compensation for damages due to defects in goods (para. 9 clause 4) may be demanded if warranted characteristics are missing.
§ 14 INVALIDITY
Should any of the above provisions be invalid in whole or in part, this shall not affect the validity of the remaining provisions. We shall be entitled to replace the void part with a provision which comes as close as possible to the economic purpose pursued.