General terms and conditions
- Offer and prices
The catalog and offer prices are netprices exclusive of the statutory value-added tax. Used objects ofpurchase are only subject to differential taxation in individual cases.The offer is subject to change and non-binding for subsequent orders.
- Date of delivery
Statinga date of delivery is generally done in a non-binding fashion andsubject to the contractual cooperation of the customer. In case offorce majeure, disruption of work unforeseeable to us, strikes orlockout, the delivery period is extended accordingly.
- Reservation of proprietary rights
We reserve the proprietary right in the object of purchase until full payment is effected.
- Right of return
The customer's right to return is excluded. Any rights of warranty remain unaffected.
- Defects and warranty
- lfthe buyer is consumer for the purpose of Article 13 German Civil Code,he is entitled to statutory rights of warranty. ltem 5.5 applies forthe warranty period.
- lf the buyer is entrepreneur for thepurpose of Article 14 German Civil Code, his rights of warranty aredetermined according to items 5.3 and 5.4. ltem 5.5 applies for thewarranty period.
- Defects of the object of purchase are to bereported immediately if buyer is entrepreneur. lf the buyer hasaccepted the object of purchase, such notice of defects that could havebeen noticed during acceptance is excluded (apparent defect). Ingeneral, reporting any (apparent) defects noticeable during carefulinspection of the object of purchase is excluded after two weeks aftertransfer to the buyer should such buyer be entrepreneur for the purposeof Article 14 German Civil Code.
- Should we be responsible fordefects of an object of purchase, the buyer is only entitled to demandremedy of defects (remedy). Should such remedy fail, the buyer has theright to choose to reduce the sales price or to withdraw from thecontract. Withdrawing from the contract due to a defect is howeverexcluded if this applies to a used object of purchase. Further rightsdue to defects - especially contractual or extra-contractual claims fordamages – are excluded to the extent covered in item 6.
- Thewarranty period for used objects of purchase is 12 months as fromtakeover if the buyer is consumer for the purpose of Article 13 GermanCivil Code, or three months if the buyer is entrepreneur for thepurpose of Article 14 German civil code. For all other matters, thestatutory warranty period shall apply.
- Weare only liable subject to item 6.2 for direct damage, loss of profit,loss of savings, indirect damage and/or subsequent damage as well asfor expenses that have arisen for the buyer or a third party inconnection with the entering into, the execution, the completion or therescission of the contract if we, our legal representatives or ourvicarious agents have caused such damage / expenses due to intentionalor grossly negligent behavior, whereas our liability for grossnegligence of merely vicarious agents (as opposed to our legalrepresentatives or employees in management positions) is limited to theamount of foreseeable damage or expenses typical to the contract.Subject to item 5.2, our contractual, extra-contractual or otherliability is excluded independent of the legal basis of the claim fordamages (especially also due to the neglect of duties resulting from acontractual or statutory obligation - such as defects or default -, dueto impediment to performance present at the time the contract wasentered into and due to the neglect if we or our vicarious agentscannot be blamed for any fault, or if we or our vicarious agents canonly be accused of slight negligence
- The limitations ofliability as described in item 6.1 shall not apply to (a) damage frominjury to life, limb and health, (b) potential manufacture/s liabilityas well as (c) in case of culpable violation of major duties resultingfrom an obligation if this shall compromise the fulfillment of thepurpose of the contract; however, in the case stated in (c) ourliability is limited to the compensation of foreseeable damage typicalto the contract.
- Place of fulfillment, place of jurisdiction, applicable law
- Placeof fulfillment for our deliveries and services as well as for anypayment obligations of the buyer is Cologne, Germany. lf the buyer is amerchant, a legal person under public law or a legal personconstituting special funds under public law, the exclusive place ofjurisdiction is Cologne, Germany.
- Applicable law is thestatutory law of the Federal Republic of Germany for legalrelationships of domestic parties. The UN Sales Convention is excluded.