General Terms and Conditions
TERMS OF SALE AND DELIVERY
AMTHORTEC UG
Hohrainstrasse 8
79369 Wyhl am Kaiserstuhl
Phone: +497642 4509390
HRB 731554 AG Freiburg
Managing Director: Jan Richter
1. offer, order placement and order confirmation: All offers are subject to change. An order shall be deemed to have been accepted when it has been confirmed by us in writing. The scope of the order is determined by the content of the order confirmation. Verbal collateral agreements require written confirmation to be legally valid, as do declarations by our representatives. The dimensions and weights, illustrations, drawings, sketches and descriptions and the like contained in printed matter, brochures and other documents are only approximate, without any obligation on our part to provide notification of any changes made. Drawings, dimensions and weights shall only apply with the accuracy with which they can be determined in advance on the basis of the available documents. We are entitled to the property rights and copyright to illustrations, drawings and sketches; they may not be made accessible to third parties. We reserve the right to make design changes.
2. delivery time: The delivery time stated by us will be adhered to as far as possible. It shall commence on the day of order confirmation, but not before complete clarification of the details of execution and all requirements to be fulfilled by the purchaser. The date of delivery shall be the date of loading of the goods or the date of notification of readiness for dispatch. If we are prevented from fulfilling our obligations due to the occurrence of unforeseeable circumstances which we could not avert despite reasonable care in the circumstances of the case, regardless of whether they occur in our factory or at our suppliers, and delivery becomes impossible as a result, we shall be released from the obligation to deliver. If delivery is not impossible, the delivery period shall be extended to a reasonable extent in the event of the aforementioned circumstances. The same shall apply in the event of strikes and lockouts. Partial delivery and performance is permissible. If a disassembled version appears to be advantageous for transport reasons, we reserve the right to choose this option. call-off and blanket orders require individual delivery time agreements in any case. returns require our prior written consent.
3. reservation of performance: If a significant deterioration in the financial circumstances of the buyer becomes known before the execution of orders, if he does not make due payments, we may unilaterally change the terms of payment, in particular make all claims due immediately, demand security or withdraw from the contract; if we are entitled to withdraw from the contract or to take back our goods for these or other reasons, we may charge reasonable compensation for the use or the reduction in value, which, as far as can be determined, is based on the usual rental price.
4. shipment, packaging: Unless otherwise agreed in writing, shipment shall be at the expense and risk of the buyer. Deliveries shall be made at our discretion by rail, post or forwarding agent. We reserve the right to choose the packaging material. Transport insurance shall only be taken out at the express request and at the expense of the purchaser. The risk shall pass to the buyer upon dispatch ex works even if carriage paid delivery has been agreed. If dispatch is delayed due to circumstances for which the buyer is responsible, the risk shall pass to the buyer on the day on which the goods are ready for dispatch. The goods shall be stored at the buyer's expense and packaging shall be charged at cost price. If a return is agreed, delivery must be free of charge; no credit note will be issued.
5. reservation of title: We reserve title to the delivered goods until all claims arising from the business relationship have been paid in full. The buyer may not sell the delivered goods before all claims arising from the business relationship have been settled; if he contravenes this prohibition, the purchase price claim to which the buyer is entitled shall be transferred to us. The Purchaser undertakes to transfer the goods purchased subject to retention of title only in such a way that we remain the reserved owner. The buyer may neither pledge the delivery item nor assign it as security or modify it prior to the transfer of ownership. In the event of seizure or attachment by third parties, the buyer must inform us immediately. The buyer shall bear the costs for interventions. If our co-ownership expires due to combination or other statutory provisions, the buyer's co-ownership of the uniform item shall pass to us on a pro rata basis according to the invoice value. The purchaser shall store our co-ownership free of charge. The purchaser is obliged to treat the delivery item with care, in particular he is obliged to insure it adequately at his own expense against fire, water and theft at replacement value.
6 Prices: Prices are quoted net, ex works or warehouse and do not include packaging, freight, postage, insurance and assembly costs; these are calculated according to the cost of labor and materials. The prices valid on the day of delivery are decisive for the price calculation. We reserve the right, within the framework of the statutory provisions, to increase prices proportionately if, after conclusion of the contract, exchange rates, material prices or wages increase, or if production or distribution becomes more expensive due to circumstances for which we are not responsible. We reserve the right to charge a minimum invoice value per delivery item and/or per order or small quantity surcharge for small orders.
7 Payment: Payments are to be made within 30 days of the invoice date without any deductions, regardless of complaints. The deduction of a discount requires a special written agreement. Discounts can only be granted if all claims arising from the business relationship have been fulfilled. If bills of exchange are handed over free of charge, the granting of a discount is excluded. Payment by bill of exchange requires special agreement. The costs and expenses incurred in this connection shall be borne by the purchaser. If the payment deadline is exceeded, an interest rate of at least 5% above the respective national central bank discount rate shall be charged, without prejudice to compensation for damages caused by default. In the event of deterioration in the Buyer's ability to pay, non-compliance with the agreed terms of payment, the entire debt or residual debt shall become due immediately. The buyer is not entitled to withhold payments due to counterclaims or to offset them against counterclaims, unless the counterclaims are undisputed or have been legally established. Furthermore, we are entitled to postpone deliveries and/or withdraw from the delivery contract if the payment deadline is exceeded or if the buyer's financial situation deteriorates significantly.
8. damages for non-performance: In the event of non-fulfillment of the contract, we are entitled to demand 20% of the order amount as compensation without further proof. We reserve the right to claim demonstrably higher damages; the buyer reserves the right to prove that no or significantly lower damages have been incurred.
9 Liability and defects: Obvious defects must be reported to us in writing by the buyer within 8 days of receipt of the goods. After expiry of this period, all claims arising from such defects shall lapse. Passing on or resale of the goods by the buyer shall be deemed as unconditional acceptance. Parts warranty: For deliveries outside Germany, we grant a parts warranty for 12 months from the date of shipment. The guarantee excludes repair and maintenance services. We shall only be liable for defects in such a way that we shall repair or, at our discretion, replace free of charge all those parts which become unusable within one year of the date of delivery. The defects must be reported to us immediately upon discovery and the parts concerned must be sent to us free of charge. We only accept the warranty for defects that are attributable to material or manufacturing defects. In the event of rectification of defects, we shall be obliged to bear the labor and material costs necessary for the purpose of rectifying the defect, insofar as these are not increased by the fact that the purchased item has been moved to a location other than Zaulsdorf. Travel and transportation costs shall be borne by the purchaser. Further claims, such as loss of earnings or compensation for damages due to non-fulfillment are excluded unless they are based on intent or gross negligence on our part, otherwise they are in any case limited to the value of the delivered goods. Any warranty for items whose damage is due to natural wear and tear, excessive use, improper handling, the effects of unusual temperatures, the use of unsuitable cleaning agents, incorrect feeding, weather conditions or forces of nature are excluded. In the case of delivery of accessories, we shall only be liable to the extent that the upstream supplier assumes liability, and defects must be reported to us in writing immediately upon discovery. Continued operation of the appliance despite the discovery of defects shall be at the risk of the purchaser and any consequential damage shall be borne by the purchaser. We are not responsible for damage caused by use contrary to the contract, nor for costs incurred without our written consent. Damage caused by soiling, normal wear and tear or non-compliance with service intervals shall exclude the warranty. If changes have been made to the delivered goods by the buyer or by persons not authorized by us to do so, the warranty obligation shall be deemed to have lapsed and the buyer shall bear the costs of working time and travel for the removal and installation of the parts to be replaced. Further claims, in particular for reduction or rescission, are excluded; we can make the warranty dependent on proof of normal and correct use of the appliance in accordance with the operating instructions. Replaced parts become our property. Wear parts such as O-rings, quick-release couplings and nipples, as well as nozzles and high-pressure hoses are not covered by the warranty. Note on the Consumer Dispute Settlement Act (§ 36 VSBG): The company does not participate in dispute resolution proceedings before a consumer arbitration board.
10. place of performance and jurisdiction: The jurisdiction of the local court of Freiburg or the superior regional court shall be deemed agreed as the place of jurisdiction, also for claims arising from bills of exchange and checks, provided that the buyer is a registered trader within the meaning of the German Commercial Code (HGB). The legal relationship shall be governed exclusively by German law. Unless otherwise stated in the order confirmation, our registered office shall be the place of performance.
11 Call-off orders: In the case of contracts which provide for a longer processing period or in the case of call-off orders, the type and corresponding specifications for approximately equal monthly quantities must be submitted to us. If the goods are not called off or specified in good time within a period to be determined by us, we shall be entitled, at our discretion, either to deliver without call-off and to charge the prices valid on the day of delivery or, after setting a deadline to no avail, to claim damages for non-performance or to withdraw from the part of the contract in arrears.
12 General: The acceptance and execution of each order shall only take place on the basis of these terms and conditions. Deviating conditions of purchase or counter-confirmations of the buyer, which we hereby expressly reject, are not binding for us, even if we do not object to them, unless they are expressly recognized in writing. The binding nature of the above terms and conditions shall not be affected by the invalidity of individual points.
Hohrainstrasse 8
79369 Wyhl am Kaiserstuhl
Phone: +497642 4509390
HRB 731554 AG Freiburg
Managing Director: Jan Richter
1. offer, order placement and order confirmation: All offers are subject to change. An order shall be deemed to have been accepted when it has been confirmed by us in writing. The scope of the order is determined by the content of the order confirmation. Verbal collateral agreements require written confirmation to be legally valid, as do declarations by our representatives. The dimensions and weights, illustrations, drawings, sketches and descriptions and the like contained in printed matter, brochures and other documents are only approximate, without any obligation on our part to provide notification of any changes made. Drawings, dimensions and weights shall only apply with the accuracy with which they can be determined in advance on the basis of the available documents. We are entitled to the property rights and copyright to illustrations, drawings and sketches; they may not be made accessible to third parties. We reserve the right to make design changes.
2. delivery time: The delivery time stated by us will be adhered to as far as possible. It shall commence on the day of order confirmation, but not before complete clarification of the details of execution and all requirements to be fulfilled by the purchaser. The date of delivery shall be the date of loading of the goods or the date of notification of readiness for dispatch. If we are prevented from fulfilling our obligations due to the occurrence of unforeseeable circumstances which we could not avert despite reasonable care in the circumstances of the case, regardless of whether they occur in our factory or at our suppliers, and delivery becomes impossible as a result, we shall be released from the obligation to deliver. If delivery is not impossible, the delivery period shall be extended to a reasonable extent in the event of the aforementioned circumstances. The same shall apply in the event of strikes and lockouts. Partial delivery and performance is permissible. If a disassembled version appears to be advantageous for transport reasons, we reserve the right to choose this option. call-off and blanket orders require individual delivery time agreements in any case. returns require our prior written consent.
3. reservation of performance: If a significant deterioration in the financial circumstances of the buyer becomes known before the execution of orders, if he does not make due payments, we may unilaterally change the terms of payment, in particular make all claims due immediately, demand security or withdraw from the contract; if we are entitled to withdraw from the contract or to take back our goods for these or other reasons, we may charge reasonable compensation for the use or the reduction in value, which, as far as can be determined, is based on the usual rental price.
4. shipment, packaging: Unless otherwise agreed in writing, shipment shall be at the expense and risk of the buyer. Deliveries shall be made at our discretion by rail, post or forwarding agent. We reserve the right to choose the packaging material. Transport insurance shall only be taken out at the express request and at the expense of the purchaser. The risk shall pass to the buyer upon dispatch ex works even if carriage paid delivery has been agreed. If dispatch is delayed due to circumstances for which the buyer is responsible, the risk shall pass to the buyer on the day on which the goods are ready for dispatch. The goods shall be stored at the buyer's expense and packaging shall be charged at cost price. If a return is agreed, delivery must be free of charge; no credit note will be issued.
5. reservation of title: We reserve title to the delivered goods until all claims arising from the business relationship have been paid in full. The buyer may not sell the delivered goods before all claims arising from the business relationship have been settled; if he contravenes this prohibition, the purchase price claim to which the buyer is entitled shall be transferred to us. The Purchaser undertakes to transfer the goods purchased subject to retention of title only in such a way that we remain the reserved owner. The buyer may neither pledge the delivery item nor assign it as security or modify it prior to the transfer of ownership. In the event of seizure or attachment by third parties, the buyer must inform us immediately. The buyer shall bear the costs for interventions. If our co-ownership expires due to combination or other statutory provisions, the buyer's co-ownership of the uniform item shall pass to us on a pro rata basis according to the invoice value. The purchaser shall store our co-ownership free of charge. The purchaser is obliged to treat the delivery item with care, in particular he is obliged to insure it adequately at his own expense against fire, water and theft at replacement value.
6 Prices: Prices are quoted net, ex works or warehouse and do not include packaging, freight, postage, insurance and assembly costs; these are calculated according to the cost of labor and materials. The prices valid on the day of delivery are decisive for the price calculation. We reserve the right, within the framework of the statutory provisions, to increase prices proportionately if, after conclusion of the contract, exchange rates, material prices or wages increase, or if production or distribution becomes more expensive due to circumstances for which we are not responsible. We reserve the right to charge a minimum invoice value per delivery item and/or per order or small quantity surcharge for small orders.
7 Payment: Payments are to be made within 30 days of the invoice date without any deductions, regardless of complaints. The deduction of a discount requires a special written agreement. Discounts can only be granted if all claims arising from the business relationship have been fulfilled. If bills of exchange are handed over free of charge, the granting of a discount is excluded. Payment by bill of exchange requires special agreement. The costs and expenses incurred in this connection shall be borne by the purchaser. If the payment deadline is exceeded, an interest rate of at least 5% above the respective national central bank discount rate shall be charged, without prejudice to compensation for damages caused by default. In the event of deterioration in the Buyer's ability to pay, non-compliance with the agreed terms of payment, the entire debt or residual debt shall become due immediately. The buyer is not entitled to withhold payments due to counterclaims or to offset them against counterclaims, unless the counterclaims are undisputed or have been legally established. Furthermore, we are entitled to postpone deliveries and/or withdraw from the delivery contract if the payment deadline is exceeded or if the buyer's financial situation deteriorates significantly.
8. damages for non-performance: In the event of non-fulfillment of the contract, we are entitled to demand 20% of the order amount as compensation without further proof. We reserve the right to claim demonstrably higher damages; the buyer reserves the right to prove that no or significantly lower damages have been incurred.
9 Liability and defects: Obvious defects must be reported to us in writing by the buyer within 8 days of receipt of the goods. After expiry of this period, all claims arising from such defects shall lapse. Passing on or resale of the goods by the buyer shall be deemed as unconditional acceptance. Parts warranty: For deliveries outside Germany, we grant a parts warranty for 12 months from the date of shipment. The guarantee excludes repair and maintenance services. We shall only be liable for defects in such a way that we shall repair or, at our discretion, replace free of charge all those parts which become unusable within one year of the date of delivery. The defects must be reported to us immediately upon discovery and the parts concerned must be sent to us free of charge. We only accept the warranty for defects that are attributable to material or manufacturing defects. In the event of rectification of defects, we shall be obliged to bear the labor and material costs necessary for the purpose of rectifying the defect, insofar as these are not increased by the fact that the purchased item has been moved to a location other than Zaulsdorf. Travel and transportation costs shall be borne by the purchaser. Further claims, such as loss of earnings or compensation for damages due to non-fulfillment are excluded unless they are based on intent or gross negligence on our part, otherwise they are in any case limited to the value of the delivered goods. Any warranty for items whose damage is due to natural wear and tear, excessive use, improper handling, the effects of unusual temperatures, the use of unsuitable cleaning agents, incorrect feeding, weather conditions or forces of nature are excluded. In the case of delivery of accessories, we shall only be liable to the extent that the upstream supplier assumes liability, and defects must be reported to us in writing immediately upon discovery. Continued operation of the appliance despite the discovery of defects shall be at the risk of the purchaser and any consequential damage shall be borne by the purchaser. We are not responsible for damage caused by use contrary to the contract, nor for costs incurred without our written consent. Damage caused by soiling, normal wear and tear or non-compliance with service intervals shall exclude the warranty. If changes have been made to the delivered goods by the buyer or by persons not authorized by us to do so, the warranty obligation shall be deemed to have lapsed and the buyer shall bear the costs of working time and travel for the removal and installation of the parts to be replaced. Further claims, in particular for reduction or rescission, are excluded; we can make the warranty dependent on proof of normal and correct use of the appliance in accordance with the operating instructions. Replaced parts become our property. Wear parts such as O-rings, quick-release couplings and nipples, as well as nozzles and high-pressure hoses are not covered by the warranty. Note on the Consumer Dispute Settlement Act (§ 36 VSBG): The company does not participate in dispute resolution proceedings before a consumer arbitration board.
10. place of performance and jurisdiction: The jurisdiction of the local court of Freiburg or the superior regional court shall be deemed agreed as the place of jurisdiction, also for claims arising from bills of exchange and checks, provided that the buyer is a registered trader within the meaning of the German Commercial Code (HGB). The legal relationship shall be governed exclusively by German law. Unless otherwise stated in the order confirmation, our registered office shall be the place of performance.
11 Call-off orders: In the case of contracts which provide for a longer processing period or in the case of call-off orders, the type and corresponding specifications for approximately equal monthly quantities must be submitted to us. If the goods are not called off or specified in good time within a period to be determined by us, we shall be entitled, at our discretion, either to deliver without call-off and to charge the prices valid on the day of delivery or, after setting a deadline to no avail, to claim damages for non-performance or to withdraw from the part of the contract in arrears.
12 General: The acceptance and execution of each order shall only take place on the basis of these terms and conditions. Deviating conditions of purchase or counter-confirmations of the buyer, which we hereby expressly reject, are not binding for us, even if we do not object to them, unless they are expressly recognized in writing. The binding nature of the above terms and conditions shall not be affected by the invalidity of individual points.
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