General terms and conditions
- Offer and prices
The catalog and offer prices are net prices exclusive of the statutory value-added tax. Used objects of purchase are only subject to differential taxation in individual cases. The offer is subject to change and non-binding for subsequent orders.
- Date of delivery
Stating a date of delivery is generally done in a non-binding fashion and subject to the contractual cooperation of the customer. In case of force majeure, disruption of work unforeseeable to us, strikes or lockout, 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
- lf the buyer is consumer for the purpose of Article 13 German Civil Code, he is entitled to statutory rights of warranty. ltem 5.5 applies for the warranty period.
- lf the buyer is entrepreneur for the purpose of Article 14 German Civil Code, his rights of warranty are determined according to items 5.3 and 5.4. ltem 5.5 applies for the warranty period.
- Defects of the object of purchase are to be reported immediately if buyer is entrepreneur. lf the buyer has accepted the object of purchase, such notice of defects that could have been noticed during acceptance is excluded (apparent defect). In general, reporting any (apparent) defects noticeable during careful inspection of the object of purchase is excluded after two weeks after transfer to the buyer should such buyer be entrepreneur for the purpose of Article 14 German Civil Code.
- Should we be responsible for defects of an object of purchase, the buyer is only entitled to demand remedy of defects (remedy). Should such remedy fail, the buyer has the right to choose to reduce the sales price or to withdraw from the contract. Withdrawing from the contract due to a defect is however excluded if this applies to a used object of purchase. Further rights due to defects - especially contractual or extra-contractual claims for damages - are excluded to the extent covered in item 6.
- The warranty period for used objects of purchase is 12 months as from takeover if the buyer is consumer for the purpose of Article 13 German Civil Code, or three months if the buyer is entrepreneur for the purpose of Article 14 German civil code. For all other matters, the statutory warranty period shall apply.
- We are only liable subject to item 6.2 for direct damage, loss of profit, loss of savings, indirect damage and/or subsequent damage as well as for expenses that have arisen for the buyer or a third party in connection with the entering into, the execution, the completion or the rescission of the contract if we, our legal representatives or our vicarious agents have caused such damage / expenses due to intentional or grossly negligent behavior, whereas our liability for gross negligence of merely vicarious agents (as opposed to our legal representatives or employees in management positions) is limited to the amount of foreseeable damage or expenses typical to the contract. Subject to item 5.2, our contractual, extra-contractual or other liability is excluded independent of the legal basis of the claim for damages (especially also due to the neglect of duties resulting from a contractual or statutory obligation - such as defects or default -, due to impediment to performance present at the time the contract was entered into and due to the neglect if we or our vicarious agents cannot be blamed for any fault, or if we or our vicarious agents can only be accused of slight negligence
- The limitations of liability as described in item 6.1 shall not apply to (a) damage from injury to life, limb and health, (b) potential manufacture/s liability as well as (c) in case of culpable violation of major duties resulting from an obligation if this shall compromise the fulfillment of the purpose of the contract; however, in the case stated in (c) our liability is limited to the compensation of foreseeable damage typical to the contract.
- Place of fulfillment, place of jurisdiction, applicable law
- Place of fulfillment for our deliveries and services as well as for any payment obligations of the buyer is Cologne, Germany. lf the buyer is a merchant, a legal person under public law or a legal person constituting special funds under public law, the exclusive place of jurisdiction is Cologne, Germany.
- Applicable law is the statutory law of the Federal Republic of Germany for legal relationships of domestic parties. The UN Sales Convention is excluded.