1.1 All deliveries, services and sales transactions are made exclusively on the basis of the following terms and conditions. Our conditions also apply to current and future business, even if they are not expressly agreed again in individual cases.
1.2 At the latest by receipt of the goods or the first partial delivery or the service, these conditions are deemed accepted.
1.3 Our terms and conditions apply exclusively. Conflicting or deviating from our terms and conditions of the customer is expressly objected; We do not accept such conflicting or deviating terms and conditions of the customer, unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we carry out the delivery to the customer unconditionally in the knowledge of conflicting or deviating conditions of the customer.
1.4 Changes to the order are possible in exceptional cases and only if the production of the purchased item has not yet started. Any costs for the order changes desired by the purchaser shall be borne by the purchaser.
2.1 Our offers are non-binding. Orders and orders become legally binding for us only when we have confirmed, calculated or executed them with the consent of our customer. A tacit consent of our customer is his consent.
2.2 The prices quoted in offers and order confirmations are non-binding, they do not include delivery and installation, unless otherwise stated in the offer.
3.1 Our performance is provided in terms of quality, quality and scope in accordance with the agreed order conditions. Changes reserved for technical progress remain reserved. We reserve the right to make changes and deviations in terms of shape, construction and color as far as this does not impair the quality, performance or function. As far as changes or deviations become necessary on our side, the customer is informed. A right of withdrawal, however, exists only if adherence to the contract can not be expected of the customer, taking into account his interests.
3.2 Samples are not binding with respect to production engineering and / or material deviations, i. E. the client is not entitled to object to any minor or customary deviation of the delivered goods from the sample in size, color and / or structure.
3.3 Deviations from our illustrations or descriptions in one of our catalogs or in our homepage (www.idee-konstruktion.de) are possible.
4.1 Decisive are the prices stated in our order confirmation, which are valid in EURO, unless otherwise agreed. Additional deliveries and services will be charged separately.
4.2 All prices are net prices and are exclusive of the legal VAT valid on the day of delivery.
4.3 All prices are, unless expressly agreed otherwise, ex works Sonneberg excluding packaging, freight, postage and insurance.
4.4 The customer undertakes to transfer the invoice after receipt of the invoice within the period specified in the invoice.
4.5 All payments must be made in cash. Cash payments are accepted: cash, bank transfer; Clearance or personal checks will be accepted as cash after they have been cashed by the Bank.
4.6 We reserve the right to charge installment payments in the amount of the value of the respectively proven contractual service including the reported value added tax amount, even in the shortest possible time intervals. In doing so, the services must be demonstrated by us through a verifiable set-up, which must enable a quick and reliable assessment of the performance. The services also include the specially prepared and provided services for the required service.
4.7 If the payment is not made within the period of payment stated in the invoice, we shall be entitled to charge default interest of 4% above the base rate of the European Central Bank at the time the payment was exceeded.
4.8 If, after conclusion of the contract, we learn of circumstances that allow us to conclude that our claims are in jeopardy, we can make the delivery dependent on advance payments or securities in the amount of all our claims. This applies especially if the customer is in default with other payments to us. If the customer does not comply with the request for advance payment or security, we can demand compensation for non-performance or withdraw from the contract. In this case, the purchaser has no claims against us, in particular no delivery claim.
4.9 If deductions are made from our invoices, these must be listed individually and duly substantiated, accompanied by appropriate documentation.
Our products are usually custom-made according to your wishes and dimensions. Changes after confirmation of the order, deletions or cancellations as well as returns can not take place.
6.1 The risk is transferred to the customer as soon as the consignment has been handed over to the person carrying out the transport or has left our warehouse for the purpose of dispatch. In the case of delivery by own staff, the risk passes to the customer as soon as the goods are made available to him. If the goods are taken back for reasons for which we are not responsible, the buyer bears the risk until the goods are received by us.
6.2 In the case of the return the customer has to choose the same form of delivery as at the consignment at his expense. The customer has to insure the goods sufficiently at his expense.
6.3 We are not liable for defects on assemblies, unless they were performed by our specialists. Furthermore, any warranty claim for our products expires if they have been altered, rebuilt, supplemented, etc., by third parties (foreigners), that is, are no longer in the original condition as you left our factory in Sonneberg.
6.4 Costs incurred by us by proof shall be borne by the customer.
7.1 The deadlines and deadlines quoted by us are non-binding unless expressly agreed otherwise in writing. Partial deliveries are permitted.
7.2 If we are prevented from fulfilling our obligations by unforeseen circumstances, which we can not avert despite the reasonable care that can be expected of the circumstances of the case, the delivery, if not impossible, will be delayed to an appropriate extent. If the delivery or service becomes impossible, we will be released from the delivery obligation.
7.3 Claims for damages of any kind due to delivery delay or impossibility of delivery are excluded in these cases, unless we are grossly negligent or intent. With regard to the right of withdrawal of the purchaser, in these cases the legal regulation remains.
7.4 Products deviating from the listed versions as well as all articles whose delivery took place more than 6 months ago as well as used products can neither be withdrawn nor credited.
8.1 The customer is obliged to inspect the delivered goods for obvious defects, which an average customer easily notices. Among the obvious defects include u.a. easily visible damage to the goods and cases in which another thing or too small a quantity, as ordered, are delivered.
8.2 Such obvious defects must be reported to us in writing within two weeks after the goods have been handed over to the customer or the customer specified by the customer or the goods have been received by the customer or the customer specified by the customer and before processing, consumption, use, installation or resale.
8.3 Defects that become apparent later must be reported to us within two weeks of being recognized by the customer.
8.4 In the event of a breach of duty to inspect and notify, the goods shall be deemed to have been approved in view of the defect in question.
9.1 All warranty claims, even for hidden defects, become time-barred no later than 12 months after receipt of the goods at the place of destination. For non-merchants applies the law. Limitation period of two years (according to § 438 Abs. 1 Nr. 3 BGB) from receipt of the goods at the destination. Destination is the delivery address according to the delivery note of
9.2 The warranty is initially based on our choice by repair or replacement. In the case of replacement, the customer is obliged to return the defective goods. If the customer or a third party improperly repairs himself, all warranty claims expire. The same applies to any changes to the goods without our prior consent.
9.3 If the defect can not be remedied within a reasonable period of time or if the rectification or replacement delivery is deemed to have failed for other reasons, the customer may, at his discretion, demand a reduction of the price (abatement) or withdraw from the contract. In the event of a minor breach of contract, especially in the case of only minor defects, the customer has no right of withdrawal.
9.4 Warranty claims exist only in the case of the intended use of the object of purchase and due care.
9.5 Warranty claims do not exist in the following cases:
- In case of defects due to improper maintenance and cleaning, damage, overuse, improper use, treatment or repair.
- Changes to the purchased item, unless they have been approved by the seller.
- For natural wear.
- For third-party products or third-party products that are linked to our deliveries and services or used together with these products, whereby we assign to the customer those liability claims that we are entitled to against the supplier of the external service.
- For the functionality of our deliveries and services, insofar as these are connected by the customer with third-party products or operated together with them.
9.6 If the customer receives a faulty assembly instruction, we are only obliged to deliver faultless assembly instructions and this only if the fault in the assembly instructions precludes the proper assembly.
9.7 Defective partial deliveries can not be used to derive any rights with regard to the remaining partial deliveries.
9.8 Warranty claims of any kind, beyond free subsequent delivery or repair, especially for consequential damage to the purchaser or third parties are expressly excluded except for claims for damages due to lack of expressly guaranteed properties or insofar as the cause of damage is based on intent or gross negligence.
9.9 The customer has the full burden of proof for all claims, in particular for the defect itself, for the time of the discovery of the defect and for the timeliness of the complaint.
10. Limitations of Liability
10.1 We exclude our liability for slightly negligent breaches of duty, insofar as they do not affect essential contractual obligations, damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents.
10.2 The limitation period for claims against us which are not based on an intentional behavior attributable to us is one year.
11.1 In case of non-acceptance of ordered goods we can make use of our legal rights.
11.2 We can also withdraw from the contract without being obliged to do so.
11.3 If we demand damages, this amounts to 15% of the purchase price. The compensation shall be set higher or lower if we prove a higher or the customer less damage.
12. Retention of title
The delivery of goods is subject to retention of title in accordance with § 455 BGB with the following extensions:
12.1 The goods remain the property of the seller until full payment of all, including the future arising, claims of the seller against the buyer from the business relationship.
12.2 The customer is obliged to treat the reserved goods with care. If maintenance and inspection work is required, the customer must carry it out regularly and on time at its own expense.
12.3 The customer is obligated to immediately notify us of third party access to the reserved goods, for example in the case of a seizure, as well as any damage or destruction of the reserved goods.
The customer must notify us immediately of a change of ownership of the reserved goods as well as their own domicile or change of domicile.
12.4 We are entitled, in case of breach of contract by the customer, in particular in case of default or breach of an obligation, to withdraw from the contract according to the above 12.2 and 12.3 and to demand the reserved goods. The customer is entitled to resell the reserved goods in the ordinary course of business. He now assigns to us all claims in the amount of the invoice, which accrue to him through the resale against a third party.
We accept the assignment. After the assignment, the customer is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the customer does not meet his payment obligations properly and falls into arrears or difficulties.
12.5 The processing and processing of the reserved goods by the customer always takes place in the name and on behalf of us. If processing takes place with objects not belonging to us, we acquire co-ownership of the new object in proportion to the value of the goods delivered by us to the other processed objects. The same applies if the goods are mixed with other objects not belonging to us.
12.6 We undertake to release the securities to which we are entitled on request of the customer to the extent that the realizable value of our securities exceeds the claims to be secured by more than 20%. The selection of the securities to be released is our responsibility.
13. Offsetting, retention
The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or acknowledged by us. In addition, he is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship, ie does not stem from previous or other transactions in the current business relationship.
14. Place of fulfillment, jurisdiction, applicable law, severability clause
14.1 Place of performance and place of jurisdiction is Sonneberg only. The choice of court agreement is expressly agreed for the judicial dunning procedure. Only the German law of the Federal Republic of Germany applies.
14.2 If any provision of our terms and conditions be or become ineffective, the validity of the remaining provisions shall not be affected. The purchaser is obliged to enter into an agreement with us which will replace the invalid provision with another provision that achieves the same economic and legal success as the invalid provision.
Julius Hess Str.9
Tel: 0 36 75 40 22 92
Fax: 0 36 75- 73 24 68
VAT number. : DE 17 86 16 37 9
Tax NR. : 170/251/0 46 41
As of: January 2014