Terms of service
Baumaschinen Frank Richter
Stand Oktober 2016
§ 1 Scope
- These conditions of sale apply exclusively to entrepreneurs, legal entities of public law
or special funds under public law within the meaning of § 310 (1) BGB. Opposite or from ours Conditions of sale deviating conditions of the ordered we only accept, if we expressly in writing the
to accept validity.
- These conditions of sale also apply to all future transactions with the customer, as far as they are concerned
Legal transactions of a related nature.
§ 2 Offer and contract
If an order is to be regarded as an offer according to § 145 BGB, we can accept it within two weeks.
§ 3 Submitted documents
At all in connection with the placing of order the customer left documents, such. B. Calculations, Drawings, etc., we reserve ownership and copyrights. These documents may not be made accessible to third parties
unless we give the ordered our express written consent returned.
§ 4 prices and payment
- Unless otherwise agreed in writing, our prices are ex works excluding packaging and plus VAT in each valid amount. Packaging costs will be charged separately.
- Payment of the purchase price must be made exclusively to the account specified by us. The deduction of discount is
only permitted with written special agreement.
- Unless otherwise agreed, the purchase price is payable within 7 days after delivery are 8% above the respective base rate p.a. calculated. The assertion of a higher
Damage caused by delay remains reserved.
- Unless a fixed price agreement has been made, reasonable price changes due to changed wage, material
and distribution costs for deliveries made 3 months or later after conclusion of the contract.
§ 5 Rights of retention
the purchaser is only authorized to exercise a right of retention to the extent that his counterclaim is entitled to the same
Contractual relationship is based.
§ 6 delivery time
- The beginning of the delivery time specified by us implies the timely and proper fulfillment of the obligations
of the customer. The exception of the unfulfilled contract remains reserved.
- If the customer is in default of acceptance or culpably violates other obligations to co-operate, then we are entitled to
to claim compensation for any damage incurred, including any additional expenses. Further
Claims are reserved. If the above conditions are met, there is a risk of accidental
Loss or accidental deterioration of the purchased item at the time of the ordered in which this
has fallen into acceptance or debtor default.
- The delivery period is extended for measures in the context of labor disputes, in particular strike and lockout and in the event of unforeseen obstacles beyond our control, such as B. malfunction,
- Delays in the delivery of essential materials, as far as such obstacles can be shown to affect the delivery of the Goods of considerable influence. This also applies if the circumstances occur with subcontractors. The Delivery time is extended according to the duration of such measures and obstacles Further statutory claims and rights of the customer due to a delay in delivery remain unaffected
§ 7 Transfer of risk upon dispatch
If the goods are shipped to the customer at the request of the customer, then the dispatch to the customer, at the latest with
Leaving the factory / warehouse the risk of accidental loss or accidental deterioration of the goods on the
Ordered over. This applies regardless of whether the shipment of the goods from the place of performance or who the freight costs
§ 8 Retention of title
- We reserve the ownership of the delivered goods until full payment of all claims from the Delivery contract. This also applies to all future deliveries, even if we do not always expressly refer to them.
We are entitled to take back the goods if the customer behaves contrary to the contract.
- The purchaser is obliged, as long as the property has not yet passed to him, the purchase thing with care
to treat. In particular, he is obliged to do so at his own expense against theft, fire and water damage
sufficient to insure new value. If maintenance and inspection work is required, the ordered to carry out this at his own expense in a timely manner. As long as the ownership has not passed, the us To inform the purchaser immediately in writing, if the delivered object seized or other interventions
Third is exposed. Unless the third party is able to pay us the court and out of court costs of a lawsuit
in accordance with § 771 ZPO, the purchaser is liable for the loss incurred by us.
- The customer is entitled to resell the reserved goods in the normal course of business. The requirements
to the customer from the resale of the goods subject to retention of title, the purchaser already now at us
of the final invoice amount agreed with us (including VAT). This assignment applies regardless of
whether the purchased item has been resold without or after processing. The customer remains to collect the claim also authorized after the assignment. Our power to collect the claim ourselves remains unaffected.
- We However, the claim will not be collected, as long as the customer’s payment obligations from the is not in default of payment and, in particular, does not request the opening of a Insolvency proceedings or suspension of payments.
- The processing and remodeling of the purchased item by the purchaser is always done by name and on behalf of us.
- In this case, the right of expectancy of the purchaser to the purchased item continues with the remodeled item. Provided
- If the purchased item is processed with other items not belonging to us, we acquire co – ownership of the item new thing in proportion of the objective value of our purchased item to the other processed objects at the time the processing. The same applies to the case of mixing. Unless the mixing takes place in the way that the thing
- the purchaser is to be regarded as the main object, it is deemed agreed that the purchaser assigns co-ownership pro rata to us and the resulting sole ownership or co-ownership for us. To secure our claims against the ordered also assigns such claims to us from the purchaser, which by combining the reserved goods with a Land accrued to a third party; we already accept this assignment.
- We undertake to release the securities due to us at the request of the customer, as far as their value is securing claims by more than 20%.
§ 9 Warranty and notice of defects as well as recourse / manufacturer’s recourse
- Warranty rights of the purchaser presuppose that the purchaser is obliged to fulfill his examination obligations pursuant to § 377 HGB (German Commercial Code).
And complaints were duly complied with.
- For claims for damages in case of intent and gross negligence as well as injury to life, limb and
Health based on a willful or negligent breach of duty of the user, the statutory Statute of limitations.
- Should, despite all due care, the delivered goods have a defect that already at the time of Passage of risk, so we will repair the goods, subject to timely notice of defects at our discretion or substitute goods. It is always our opportunity to provide supplementary performance within a reasonable time.
Claims for recourse remain unaffected by the above regulation without limitation.
- If the supplementary performance fails, the customer can – without prejudice to any claims for damages – from the contract
withdraw or reduce the remuneration.
- Claims for defects do not exist with only insignificant deviation from the agreed condition, with only
insignificant deterioration of usability, in case of natural wear or tear, as in damage caused by the transfer of risk as a result of incorrect or negligent treatment, excessive use, unsuitable Equipment, replacement materials, poor construction work, unsuitable ground or due to special external influences arise that are not required by the contract. Be by the customer or third parties improperly repair work or changes made, so there is for this UN