Delivery periods, delivery dates
- Our order confirmation shall be authoritative for delivery periods and delivery dates.
- If the purchaser fails to fulfill his contractual obligations, including cooperation and/or ancillary obligations, in a timely manner, deadlines and dates shall be extended by the period of time by which the purchaser fails to fulfill his obligations to us. The observance of deadlines for deliveries shall be subject to the timely receipt of all documents to be provided by the Buyer, necessary approvals and releases, in particular of plans, as well as the observance of the agreed terms of payment and other obligations by the Buyer. Our rights arising from a delay on the part of the purchaser shall remain unaffected.
- The time of dispatch of the goods ex works or ex warehouse shall be decisive for compliance with the delivery periods and delivery dates. Deadlines and dates shall be deemed to have been met upon notification of readiness for dispatch if the goods cannot be dispatched on time through no fault of our own, whereby it shall be for us to prove that we are not at fault.
- Cases of force majeure and other events over which we have no control and which make delivery/service substantially more difficult or impossible for us shall release us from our obligations under the respective contract, but in the case of temporary hindrances only for the duration of the hindrance plus a reasonable start-up period after the hindrance has ceased. If the buyer cannot be expected to accept the delay, he may withdraw from the contract by written declaration; this shall not apply to partial deliveries of framework contracts.
- If we are in default, the Buyer may, provided he can credibly demonstrate that he has suffered a loss as a result, claim compensation for each full week of the delay of 0.5% each, but in no case more than a total of 5% of the price of that part of the supplies which could not be put to the intended use because of the delay.
- If dispatch or delivery is delayed at the Purchaser's request by more than one month after notification of readiness for dispatch, the Purchaser may be charged storage costs of 0.5% of the price of the items of the Supplies for each month commenced, but in no case more than a total of 5%. The contracting parties are free to prove higher or lower storage costs.
II Partial deliveries
The ordered goods can be delivered by us in parts, if this is reasonable for the buyer. The price remains unaffected - each partial delivery is considered an independent transaction.
III Shipment and transfer of risk
- Delivery is ex works or ex warehouse. Any dispatch and transport shall be exclusively at the risk of the purchaser. The risk is transferred to the buyer when the goods are handed over to the forwarding agent or carrier, at the latest when the goods leave the factory or the warehouse.
- The transport risks will only be insured upon written request of the buyer and at his expense.
- If the shipment (loading and transport) of the goods is delayed for a reason for which the Buyer is responsible, we shall be entitled, at the Buyer's expense and risk and to the exclusion of our liability, to store the goods, to take all measures deemed appropriate for the preservation of the goods and to invoice the goods as delivered. The same applies if goods reported ready for dispatch are not called within four days.
RIGHTS IN CASE OF BREACH OF DUTY - LIABILITY
Buyer's rights in case of defects
The subject matter of the contract is exclusively the sold product with the properties and characteristics according to our order confirmation. Further properties and/or features as well as the suitability of the goods for a specific purpose shall only be deemed agreed if confirmed by us in writing. Public statements, recommendations or advertisements shall not constitute a contractual description of the quality of the goods.
In case of deviations of the delivered goods from the order confirmation, which are customary in the industry, there is no defect. The same shall not apply in the event of only insignificant deviations from the agreed quality or only insignificant impairment of usability. There is no defect in the case of color deviations of the plastic in accordance with the tolerance in the RAL range. The same shall apply to deviations in the design and number of customer-specific printed and specially equipped parts.
Decisive for the contractual condition of the goods is the time of handover to the forwarder or carrier, at the latest the time of leaving the factory or warehouse. The Buyer shall inspect the goods for completeness and any defects immediately after the transfer of risk, at the latest after delivery or arrival of the goods at the place of dispatch, and shall give notice of any obvious defects, in particular incorrect deliveries and deviations in quantity outside the tolerance range, immediately following the inspection or after any subsequent discovery of a defect. If the purchaser fails to carry out the immediate examination and/or to give notice of defects, the goods shall be deemed to have been approved in accordance with § 377 of the German Commercial Code (HGB).
In the event of defects, subsequent performance, at the Buyer's option, by removal of the defect or delivery of a defect-free item, shall have priority over reduction, rescission and damages; unless subsequent performance is seriously and finally refused by us or due to disproportionate costs or is unreasonable for us or has failed. The Buyer shall grant us a reasonable period of time for subsequent performance, which shall not be less than 3 weeks. The buyer may not refuse to accept deliveries due to insignificant defects.
The Buyer shall immediately give us the opportunity to convince ourselves of the defect complained of by him, in particular to make the goods complained of or samples thereof available to us upon request. He shall be obliged to state in detail all delivery data which can be derived from the original packaging. If the buyer does not give us the opportunity to convince ourselves of a defect or if he makes changes and/or further processing of the goods without our consent, all claims for subsequent performance shall lapse. Warranty shall only be assumed if the products are processed properly in accordance with the relevant standards and our separate instructions.
Warranty claims against us shall become time-barred 1 year after delivery of the goods to the purchaser or to the place of delivery designated by the purchaser.
Claims against us due to fraudulent concealment of a defect or express acceptance of a quality guarantee shall be governed exclusively by the statutory provisions.
If the final purchaser of the goods in a supply chain is a consumer, the purchaser shall be entitled to recourse against us in accordance with the statutory provisions of Sections 478, 479 of the German Civil Code (BGB), provided that the purchaser has complied with its obligations under Section 377 of the German Commercial Code (HGB).
II Limitation of liability
- Our strict liability is excluded, as is our liability for slightly negligent breaches of non-essential contractual obligations. In the case of slightly negligent breaches of material contractual obligations, our liability shall be limited to the foreseeable, direct average damage typical for the type of contract. This also applies to slightly negligent breaches of duty by our legal representatives and vicarious agents.
- In cases where we have assumed a guarantee, we shall only be liable for damages to the extent that the purpose of the guarantee was to protect the purchaser against the damage that has occurred.
- Claims under the Product Liability Act shall remain unaffected. Furthermore, the above exclusions and limitations of liability shall not apply in the event of injury to life, limb or health attributable to us, in the event of the assumption of a guarantee of quality or in the event of fraudulent concealment of a defect.
- All claims for damages and reimbursement of expenses against us shall become statute-barred 1 year after the transfer of risk to the purchaser, in the case of tortious liability after knowledge or grossly negligent ignorance of the circumstances giving rise to the claim or of the person liable to pay compensation. This shall not apply in the case of intent, in the cases mentioned above in para. 3 and in the case of goods which have been used for a building in accordance with their customary manner of use and have caused the defectiveness thereof. Any shorter statutory limitation periods shall take precedence.
III Impossibility; adjustment of contract
- Insofar as the delivery is impossible due to a reason for which we are not responsible, the purchaser shall be entitled to claim damages. His compensation for damages shall be limited to 10% of the value of that part of the delivery which cannot be put into useful operation due to the impossibility. This limitation shall not apply in cases of mandatory liability based on intent, gross negligence or injury to life, body or health; this does not imply a change in the burden of proof to the detriment of the Buyer. The right of the buyer to withdraw from the contract remains unaffected.
- Insofar as unforeseeable events within the meaning of B I. 4. considerably change the economic significance or the content of the delivery or have a considerable effect on our business, the contract shall be adjusted appropriately in good faith. If this is not economically justifiable, we shall have the right to withdraw from the contract. If we wish to make use of this right of withdrawal, we must notify the purchaser of this without delay after realizing the implications of the event, even if an extension of the delivery period was initially agreed with the purchaser.
The contract is subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods of 10.4.1980 (CISG- convention on contracts for the international sale of goods).
The place of jurisdiction - also for actions on bills of exchange and checks - is Munich. We are also entitled to sue the buyer at his general place of jurisdiction.
III Bindingness of the contract
The contract shall remain binding in its remaining parts even if individual provisions are legally invalid. This shall not apply if adherence to the contract would represent an unreasonable hardship for one party.