General Terms and Conditions of the PNS SONDERMASCHINEN GmbH
§ 1 Purview
(1) The following Terms and Conditions are valid for salesmen for all contracts final between the PNS SONDERMASCHINEN GmbH, in the following mentioned, and the buyer over the supply of goods. They are valid also for all future business relations, even if they are not again expressly agreed upon. Deviating conditions of the buyer, which the salesman recognizes not expressly, are noncommittal for the salesman, even if he contradicts them not expressly.
(2) All agreements, which are made between the salesman and the buyer in connection with the sales contracts, are in writing laid down in the sales contract, these conditions and the confirmation of order of the salesman.
§ 2 Offer and Conclusion
(1) The offers of the salesman are not-binding and noncommittal, unless the salesman called these expressly in written form obligatory.
(2) Information of measure, weights, illustrations, drawings as well as other documents, which belong to the noncommittal offers of the salesman, remain in the property of the salesman and are only approximately determining, as far as they were not called of it expressly obligatory.
§ 3 Terms of payment
(1) If the agreed upon delivery time exceeds the period of four months starting from conclusion of a contract or if the supply delays itself over four months starting from conclusion of a contract for reasons, which alone the buyer has to represent or who alone into his risk range to fall, the salesman is entitled to compute on the day of the supply the valid price. If the price increase is more than 5% of the numbered purchase price, the buyer is entitled to withdraw from the contract. This right of withdrawal is void, if the buyer does not exercise it within one period of two weeks, beginning with the date of the report of the new price.
(2) The prices of the salesman are valid „ex factory “if no deviating agreement with the buyer were met. The packing, insurance and forwarding expenses are not contained in the price.
(3). If differently does not agree, the PNS SONDERMASCHINEN GmbH packing, mode of shipment and transit period selects after best discretion.
(4) The danger turns into also in the case of freight-free supply with the leaving of the work of the PNS SONDERMASCHINEN GmbH on the buyer. With from the buyer to representing delays of the sending off the danger already turns into with the report the ready for dispatch shank.
(5) On the written request of the buyer the commodity is insured at its expense against camp, break, transportation and fire damage as well as other insurable risks.
(6) With the buyer if nothing else was agreed upon in writing, the purchase price is net (without departure) due with entrance of the bill with the buyer for payment immediately.
(7) The buyer comes also without reminder of the salesman into delay, if he does not pay the purchase price within 30 days after maturity and entrance of the bill or an equivalent payment list. Equipment of the buyers with a payment in delay, is justified the salesman to require from the time on concerned, interest at a value of 8 per cent points over the respective basis interest rate
(§ 247 BGB). The proof of a higher damage by the salesman remains reserving.
(8) The buyer is entitled for set-off, even if notices of defect or counterclaims are made valid, only if the counterclaims were validly determined, recognized by the salesman or are indisputable. For the practice of a right of lien the buyer is authorized only if its counterclaim is based on the same sales contract.
§ 4 Delivery and service time
(1) Dates of delivery or periods, which were agreed upon not expressly as obligatory, are excluding noncommittal information.
(2) If the salesman imprisonment for debt can not keep an expressly agreed upon period or for other reasons in delay turns out, the buyer him has an appropriate respite - to grant beginning from the day of the entrance of written in-delay-setting with the salesman or in the case of the calendar-moderately determined period.
(3)The seller is liable in accordance with statutory provisions, subject to the following limitations when it is in the contract is a fixed transaction or the buyer is entitled in consequence of the position to be taken by the seller delay in delivery, relying on the progress of his interest in the contract.
(4)The seller is liable to the Buyer for late delivery in accordance with the statutory provisions if the delay in delivery to an intentional part of the seller or grossly negligent breach of duty. The seller is a fault of its representatives or agents shall be attributed. The delivery delay not to a deliberate part of the seller or grossly negligent breach of contract, the Seller's liability is limited to the foreseeable, typically occurring damage.
(5)Based on the representative of the seller delivery delay to the culpable breach of an essential contractual obligation, the seller is liable in accordance with statutory provisions; where its liability is limited to the foreseeable, typically occurring damage.
(6) The further legal requirements and rights of the buyer because of a failure to deliver of the salesman remain untouched.
(7) The salesman is at any time entitled to partial deliveries and part deliveries, as far as this is reasonable for the buyer.
§ 6 Warranty and liability
(1) The buyer has the received commodity on completeness, transport damages, obvious lack, to examine condition and their characteristics. Obvious lack are written from the buyer within two weeks starting from delivery of the contractual item opposite the salesman to contest. Warranty claims of legal persons in the sense of the §310 BGB expire 12 months after passage of the risk with exception of wearing parts.
(2) The salesman is not obligated to the guarantee, if the buyer did not reprimand an obvious lack in time in writing. As far as a lack of the commodity, representing from the salesman to, is present and was reprimanded in time in writing by the buyer, the salesman - to withdraw under exclusion of the rights of the buyer from the contract or lower the purchase price - is obligated to the subsequent performance, unless the salesman is entitled due to the legal regulation to the refusal of the subsequent performance. The buyer has to grant an appropriate period to the salesman for each individual lack for subsequent performance.
(3) The subsequent performance can take place after the choice of the buyer via removal of the lack or supply of a new commodity. The salesman is entitled to refuse the kind of the subsequent performance selected by the buyer if it is connected with disproportionate costs only. During the subsequent performance the reduction of the purchase price or the cancellation of the contract is impossible by the buyer. A rework is valid with the second futile attempt as missed. If the subsequent performance failed or if the salesman refused the subsequent performance altogether, the buyer can require for its choice reduction of the purchase price (decrease) or explain the cancellation of the contract.
(4) Because of the lack the buyer can make claims for damages on the following conditions only valid if the subsequent performance failed or the salesman refuses the subsequent performance. The right of the buyer for the asserting from large claims for damages to the following conditions remains untouched by it.
(5) The salesman is responsible without prejudice to the regulation in § 4 exp. 2 to 6 of the present treaty and the following limitations of liability for damage to lives, bodies and health, which are based on a negligent or deliberate obligation injury of it, its legal representatives or its executing aides, as well as for damage, which is covered by the adhesion after the product liability law, as well as for all damage, which is based on deliberate or roughly negligent violations of contract as well as bad cunning of the salesman, its legal representatives or its executing aides. As far as the salesman delivered a condition and/or a durability warranty concerning the commodity or parts of the same, he liable also in the context of this warranty. For damages based on the lack of guaranteed quality or durability, but not directly to the goods, the seller is only liable if the risk of such damage is clearly covered by the quality and durability warranty.
(6) The salesman is responsible for damage, which is caused by negligence, as far as this negligence concerns the injury of such contract obligations, whose observance for the reaching of the contract purpose is of special importance (cardinal obligations). The salesman liable however only, as far as the damage is in typical way connected with the contract and foreseeable. With simple negligent injuries contract-substantial secondary obligation does not liable the salesman in all other respects not. In the sentences the 1 - 3 contained limitations of liability are valid also, so far the adhesion for the legal representatives, leading employees and other executing aides of the salesman are concerned.
(7) A large adhesion is impossible without consideration for the right nature of the validly made requirement. As far as the adhesion of the salesman is impossible or limited, this is valid also for the personal adhesion of its employees, employees, coworkers, representatives and executing aides.
§ 7Retention oftitle
(1) The salesman reserves himself the property at the commodity (reservation commodity) up to the entrance of all payments from the sales contract.
(2) The buyer has the salesman of all accesses third to inform in particular from enforcement measures as well as other impairments of its property immediately in writing. The buyer has to replace all damage and costs, which result from an offense against this obligation and from necessary intervention measures against accesses third to the salesman.
(3) If the buyer of his payment obligation does not follow despite a reminder of the salesman, then the salesman can require the publication still in its property of the reservation commodity without previous period setting. The buyer carries the transport costs resulting thereby. In plege the reserved item always a cancellation of the contract is appropriate for the reservation thing by the salesman. The salesman is after retention the conditional goods to their utilization authorizes. Utilization proceeds are to be taken into account on commitments of the salesman (less appropriate utilization costs)
§ 8 The achievement, Final dertermination, applicable law
(1). Place of fullfilment and exclusive area of jurisdiction for supply and payments as well as for all disputes showing between the parties itself is with consumer business the domicile of the buyer, otherwise the head office of the salesman.
(2) The relations between the contracting Parties exclusively regulates itself after the right valid in the Federal Republic of Germany. The application of the uniform law over the international purchase of mobile things as well as the law over the conclusion of international sales contracts over mobile things is impossible.
(3) The buyer is not entitled to retire requirements from the sales contract without consent the salesman.
(4) If a regulation these general supply and of terms and conditions should be ineffective or impracticable or become, then this in all other respects does not affect the effectiveness general supply and of the terms and conditions.