general terms and conditions
general terms and conditions of delivery and sale of a.h.s. accessory.home.system. gmbh for contracts with customers who are not consumers as defined by § 13 bgb.
§ 1. general
these terms and conditions of delivery and payment of a.h.s. accessory.home.system. gmbh apply exclusively to the entire business relationship, including future transactions. any conflicting terms and conditions, in particular the buyer's terms and conditions of purchase, are not recognised unless their validity is expressly agreed to by a.h.s. accessory.home.system. gmbh.
§ 2. content of the contract
a) offers made by a.h.s. accessory.home.system. gmbh in brochures, advertisements, catalogs and similar publications are always subject to change and non-binding for a.h.s. accessory.home.system. gmbh.
b) offers to contractual partners are always in writing, otherwise they have no validity.
c) a.h.s. accessory.home.system. gmbh is bound by its written offer for 30 calendar days.
d) the content of a.h.s. accessory.home.system. gmbh's written order confirmation is decisive for the scope of the order. collateral agreements, changes and additions are only valid if a.h.s. accessory.home.system. gmbh confirms them in writing.
§ 3. value added tax and additional charges
a) the prices listed in offers, order confirmations or invoices do not include statutory value added tax.
b) packaging, freight, customs duties and other additional costs will be charged additionally.
§ 4. delivery dates and delivery periods
a) stated delivery times are only approximate. fixed delivery periods or delivery dates must be agreed and confirmed in writing, otherwise they shall not be valid. delivery periods shall commence upon conclusion of the contract.
b) if changes to the contract are agreed in writing after conclusion of the contract, the delivery dates and delivery periods must also be agreed in writing again if necessary.
c) if the delivery dates or delivery periods are missed or exceeded, the buyer is obligated to request a.h.s. accessory.home.system. gmbh in writing to deliver within a period of 14 days. only after this reminder does a.h.s. accessory.home.system. gmbh fall into arrears. in addition to delivery, the buyer can only demand compensation for the damage caused by delay if a.h.s. accessory.home.system. gmbh is guilty of gross negligence or intent.
d) we reserve the right to make changes in function or form, deviations in color tone, as well as changes to the scope of delivery during the delivery period, provided that the object of purchase is not significantly changed and the changes are reasonable for the buyer.
e) if the production of the purchased goods depends on the cooperation of the buyer, in particular on the announcement of measures, the handing over of samples or plans, the delivery period stated in the order shall only commence when this action has been taken.
f) if the production of the purchased goods depends on an advance payment or down payment by the buyer, the delivery period specified in the order shall only commence when this agreed payment has been received in an account of a.h.s. accessory.home.system. gmbh.
g) force majeure, riots, strikes, lock-outs and significant operational disruptions through no fault of the suppliers of a.h.s. accessory.home.system. gmbh may change the delivery dates and deadlines by the duration of the disruptions in performance caused by these events. in these cases, the liability of a.h.s. accessory.home.system. gmbh is limited to the amount of compensation for the damage caused by delay to the foreseeable damage.
§ 5. transfer of risk
a) for deliveries made by a.h.s. accessory.home.system. gmbh, the loading point is the place of performance. upon delivery, the buyer bears the risk.
b) the delivery is made to the agreed place, if the buyer instructs changes, the buyer shall bear the costs incurred thereby.
c) if shipment is delayed at the request of the buyer, the risk shall pass to the buyer upon notification of readiness for shipment by a.h.s. accessory.home.system. gmbh.
d) at the request of the buyer the delivery will be insured in his name and on his account.
e) the delivery requires an access road that can be driven on by a truck.
f) the delivery vehicles must be unloaded immediately and professionally by the buyer. waiting times will be charged by a.h.s. accessory.home.system. gmbh.
§ 6. reservation of title
a) the goods remain the property of the seller until the purchase price has been paid in full.
b) if the buyer is a merchant within the meaning of the german commercial code, the goods remain the property of the seller until the complete fulfillment of all obligations arising from this contractual relationship, including those arising in the future. however, the buyer has an inherent contractual right of release against the seller in the event of subsequent over-securing.
c) the buyer shall treat the goods subject to retention of title with care.
d) the seller shall be notified immediately of any change of location as well as of any intervention by third parties, in particular attachments.
§ 7. warranty and liability
a) information provided by a.h.s. accessory.home.system. gmbh on the scope of delivery, appearance, performance, color, dimensions and weight shall form part of the contract.
b) they are to be regarded as approximate.
c) they do not constitute an assurance of quality.
d) deviations in structure and color compared to samples, exhibition pieces or descriptions are reserved, as far as they are in the nature of the materials used and are customary in trade.
§ 8. right to rectification of defects
a) in commercial business transactions, the buyer is obligated to comply with the statutory obligations to inspect and give notice of defects. if the delivered goods are defective, a.h.s. accessory.home.system. gmbh has the right to deliver new goods or attempt to repair them. a.h.s. accessory.home.system. gmbh has the right to make at least two replacement deliveries or to make two attempts to repair them.
b) if the replacement delivery or rectification fails, the buyer is entitled to demand a reduction of the purchase price or a cancellation of the contract.
c) immediately recognisable defects must be reported to a.h.s. accessory.home.system. gmbh in writing without delay, at the latest before installation of the delivery item, at the latest however within two weeks after delivery.
d) the delivery items complained about must be kept ready for inspection by a.h.s. accessory.home.system. gmbh in the condition in which they are at the time of the alleged defect. a violation of the above provisions excludes warranty claims against a.h.s. accessory.home.system. gmbh.
e) any breakage or other damage must be determined immediately upon acceptance of the goods in the presence of the bearer and noted on the receipt. a.h.s. accessory.home.system. gmbh does not accept any later complaints.
§ 9. return of goods
procured goods cannot be taken back. stocked goods can only be taken back under consideration of the costs incurred, but at least 35% of the gross value of the goods. prerequisite is the perfect condition of the goods and the original packaging.
§ 10. place of jurisdiction
the place of jurisdiction for all present and future claims arising from the business relationship is the registered office of a.h.s. accessory.home.system. gmbh.
status: sept. 2019
a.h.s. accessory.home.system. gmbh
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