§ 1 General
1. These delivery and payment terms are an integral part of all offers and contracts for deliveries and services of the Seller, including in current and future business relationships.
2. In addition, the customs in the timber trade apply – provided they do not contradict our terms and conditions – in particular the “Tegernsee Customs” in the currently valid version with its annexes and appendix.
3. Deviating agreements and conditions, in particular purchasing conditions, are only binding if they are confirmed in writing by the Seller.
4. If two confirmation letters containing different provisions cross each other, the seller's confirmation shall prevail.
5. The seller is entitled to use and store the buyer’s company and personal data within the framework of the contractual relationship.
§ 2 Offers, delivery periods
1. Offers are subject to change without notice; prior sale is reserved.
2. Agreements with agents require written confirmation to be valid.
3. Delivery periods are subject to correct and timely self-supply, unless the seller is responsible for the incorrect or delayed self-supply or has promised binding delivery periods in writing.
4. Sales prices are only considered fixed prices if the seller confirms them in writing. The applicable VAT must be added to the sales prices. Unless otherwise agreed, they apply free loaded from the place of departure of the goods.
§ 3 Delivery and transfer of risk
1. The place of performance for the seller's delivery is the loading point. The buyer bears the risk upon delivery. Delivery is made to the agreed location. If the instructions are changed, the buyer bears the additional costs.
2. Delivery free to construction site or free to warehouse means delivery without unloading and on the condition that the access road is accessible to heavy goods vehicles. If the delivery vehicle leaves the accessible access road on the instruction of the buyer, the buyer is liable for any damage that occurs. Unloading is
must be carried out promptly and properly by the buyer. Waiting times for which the buyer is responsible will be charged to him.
3. Failure by the Seller to comply with delivery dates and deadlines shall entitle the Buyer to assert his rights only after he has granted the Seller a reasonable grace period of at least 8 working days.
4. Industrial disputes or unforeseeable extraordinary events such as government measures, traffic disruptions, etc. shall release the Seller from the obligation to deliver for the duration of their effects or, in the event of impossibility, completely.
§ 4 payment
1. The invoice will be issued separately for each shipment on the date the goods are dispatched. This also applies to agreed partial deliveries. Agreed payment periods begin on this day.
2. Unless otherwise agreed, advance payments made upon completion of contracts will be offset against the individual partial deliveries on a pro rata basis.
3. If no specific payment term has become customary or agreed in an ongoing business relationship, the purchase price is to be paid, at the buyer's discretion, either within 14 days with a 2% discount or within 30 days without deduction.
4. The granting of a discount is subject to the condition that the buyer's account does not contain any other outstanding invoice amounts. Only the pure value of the goods including VAT, excluding freight and packaging, is eligible for a discount.
5. Settlement of invoices by cheque or bill of exchange is for payment and requires the consent of the seller; discount, bill of exchange charges and costs are borne by the buyer, unless otherwise agreed. Return bills of exchange are generally not issued. Should this be possible in exceptional cases
If this is done in a manner that is expressly agreed, the seller will only be released from his obligations when he receives the purchase price and at the same time no further liabilities exist.
6. The seller is entitled to charge the buyer, who is a merchant within the meaning of the German Commercial Code, interest from the due date and the buyer, who is not a merchant, from the date of default, in the amount of the credit costs to be paid by the seller, but at least 5% above the base interest rate or 8% above the
If no consumer is involved in the legal transaction, the base interest rate will be charged, plus VAT; the right to claim further damages remains reserved.
7. In the event of late payment or protest of a cheque or bill of exchange, the Seller is entitled to make further deliveries only against advance payment, to demand immediate payment of all outstanding invoice amounts and to demand cash payment or security against return of bills of exchange accepted in payment.
desire.
8. In the event of a timely and justified complaint regarding defective goods, the Buyer may only provisionally retain the part of the purchase price that corresponds to the invoice amount for the part of the delivery that was properly complained about.
9. The offsetting of counterclaims is only permissible to the extent that the claims are undisputed or have been legally established.
§ 5 Quality, Warranty
Wood is a natural material, and its natural properties, deviations and characteristics must therefore always be taken into account. In particular, the buyer must take its biological, physical and chemical properties into account when purchasing and using the wood. If necessary, he must seek professional advice
to catch up.
1. Obvious defects must always be reported immediately, but no later than within 14 calendar days from the date the goods are received by the buyer. However, the period for reporting defects is reduced to 7 calendar days in the case of discoloration, unless delivery of dry goods was agreed.
2. Non-obvious defects, including those arising during or after processing, must be reported immediately after their discovery, but no later than within 14 calendar days. This does not apply to round and sawn timber. In this case, a complaint about defects, even in the case of hidden defects, must only be made within 14 calendar days.
calendar days and in the case of discoloration within 7 calendar days after delivery of the goods. The inspection obligations according to Section 377 of the German Commercial Code (HGB) remain in force.
3. If acceptance is carried out by the buyer or his representative, subsequent complaints are excluded.
4. In addition, any guarantee given by the seller must be expressly marked as such. A reference to DIN standards basically only includes the conformity of the product to the standard and does not constitute a guarantee given by the seller, unless a
such guarantee was expressly agreed.
5. If the seller also undertakes the installation, laying or assembly of building elements, the German Construction Contract Regulations (VOB), namely the General Terms and Conditions for the Execution of Construction Work (VOB, Part B) and the General Technical Regulations for
Construction work (VOB, Part C), part of all offers and contracts for such construction work.
6. The seller provides a warranty for defects in the goods by means of subsequent performance in accordance with the statutory provisions. If the subsequent performance fails, the buyer can, in principle, demand a reduction in the remuneration (reduction) or cancellation of the contract (rescission). In the case of only
However, in the case of minor breach of contract, in particular in the case of only minor defects, the buyer is not entitled to withdraw from the contract. If the buyer chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he is not entitled to any compensation for damages due to the
shortage.
§ 6 Liability
1. The seller is only liable for compensation for direct or indirect damage to the buyer, regardless of the legal basis, in the event of intent or gross negligence. Claims for damages under the law on liability for defective products (ProdHaftG) remain unaffected, as do the
Liability for injuries to life, body and health as well as liability for breach of essential contractual obligations.
2. The legal representatives or vicarious agents of the seller are liable to the buyer, insofar as legal claims exist against them, only in cases of intent or gross negligence. Liability for injuries to life, body and health remains unaffected.
§ 7 Limitation
1. The warranty period for buyers who are entrepreneurs according to § 14 BGB is one year from delivery of the goods
2. The buyer's claims for damages due to a defect expire one year after delivery of the goods. This does not apply in the event of fraudulent intent on the part of the seller.
3. Otherwise, the statutory provisions apply.
§ 8 Retention of title
1. The delivered goods remain the property of the seller as reserved goods until the purchase price has been paid and all claims arising from the business relationship and any claims arising in connection with the purchased item have been settled. The inclusion of individual claims in a current invoice or the drawing of a balance and its recognition do not cancel the retention of title. If the seller is liable for a bill of exchange in connection with the payment of the purchase price by the buyer, the retention of title does not expire until the bill of exchange has been redeemed by the buyer as the drawee. If the buyer acts in breach of contract, in particular if he defaults on payment, the seller is entitled to withdraw from the contract and demand the return of the goods.
2. If the reserved goods are processed by the buyer into a new movable item, the processing is carried out for the seller without the seller being obligated to do so; the new item becomes the property of the seller. If the goods are processed together with goods not belonging to the seller, the buyer acquires
Seller co-ownership of the other goods at the time of processing. If reserved goods are combined, mixed or blended with goods not belonging to the seller in accordance with § 947, 948 of the German Civil Code, the seller becomes co-owner in accordance with the statutory
Provisions. If the buyer acquires sole ownership through combination, mixing or blending, he hereby transfers joint ownership to the seller in proportion to the value of the reserved goods to the other goods at the time of combination, mixing or blending. The buyer
In these cases, the Seller shall store the item that is the property or co-ownership of the Seller, which shall also be deemed to be reserved goods within the meaning of the following provisions, free of charge.
3. If the buyer sells goods subject to retention of title, either alone or together with goods not belonging to the seller, the buyer hereby assigns the claims arising from the resale in the amount of the value of the goods subject to retention of title, with all ancillary rights and priority over the rest; the seller
accepts the assignment. If the resold reserved goods are co-owned by the seller, the assignment of claims extends to the amount corresponding to the seller's share in the co-ownership. Paragraph 1, sentence 2 applies accordingly to the extended
Retention of title; the advance assignment pursuant to paragraph 3 sentences 1 and 3 also extends to the balance claim.
4. If the Purchaser installs the reserved goods as an essential part of the property of a third party, the Purchaser hereby assigns to us the claims for compensation arising against the third party or the person concerned in the amount of the value of the reserved goods with all ancillary rights including
one such for the granting of a security mortgage, with priority over the rest; the seller accepts the assignment. Paragraph 3, sentences 2 and 3 apply accordingly.
5. If the Buyer installs the reserved goods as an essential part of the Buyer's property, the Buyer hereby assigns to us the claims arising from the commercial sale of the property or property rights in the amount of the value of the reserved goods with all
ancillary rights and with priority over the rest; the seller accepts the assignment. Paragraph 3, sentences 2 and 3 apply accordingly.
6. The buyer is only entitled and authorised to resell, use or install the reserved goods in the normal, proper course of business and only on condition that the claims within the meaning of paragraphs 3, 4 and 5 are actually transferred to the seller.
The buyer is not entitled to dispose of the reserved goods, in particular by pledging them or assigning them as security.
7. The seller authorizes the buyer, subject to revocation, to collect the claims assigned in accordance with paragraphs 3, 4 and 5. The seller will not make use of its own collection authority as long as the buyer does not meet its payment obligations, including towards third parties.
At the request of the seller, the buyer must name the debtors of the assigned claims and notify them of the assignment; the seller is authorized to notify the debtors of the assignment himself.
8. The Buyer must immediately inform the Seller of any enforcement measures taken by third parties against the reserved goods or the assigned claims and provide the Seller with the documents necessary for the objection.
9. In the event of cessation of payment, application for or opening of bankruptcy proceedings, judicial or extrajudicial settlement proceedings, the right to resell, use or install the reserved goods and the authorization to collect the assigned claims shall expire; in the event of
If a cheque or bill of exchange is protested, the direct debit authorization also expires.
1O. If the value of the securities granted exceeds the claims by more than 20%, the seller is obliged to retransfer or release the securities at his discretion. Upon settlement of all of the seller's claims arising from the business relationship, ownership of the reserved goods
and the assigned claims to the buyer.
§ 9 Place of Performance and Jurisdiction
1. The place of performance for the payment of the purchase price and for any other services provided by the buyer is always the place of business of the seller.
2. The place of jurisdiction for registered merchants is the place of the seller’s commercial establishment.
§ 10 Final provisions
Should one or more of these conditions violate a legal prohibition or be legally invalid for other reasons, this shall not affect the validity of the remaining provisions. In this case, the contracting parties undertake to agree on a replacement arrangement that
economic purpose of the invalid provision as closely as possible. German law shall apply exclusively, unless a different written agreement has been expressly made in individual cases.
2004 version
1. In the case of cash sales, the purchase price is payable immediately upon receipt of the goods without deduction.
2. In the case of sales on account, payment shall be made immediately after delivery of the goods, unless otherwise agreed.
3. Obvious defects must be reported in writing immediately, at the latest within 14 calendar days, after delivery or handover.
4. The delivered goods remain the property of the seller until they have been paid for in full. If they are resold or further processed, the buyer hereby assigns to the seller any claims and rights arising from this up to the amount of the outstanding amounts.
