B2B terms and conditions
1.1. These conditions apply to all services provided by Autozubehör-Teile-Gerl GmbH & Co. KG, in particular for the sale and delivery of goods.
1.2. Deviating conditions of the customer, which we do not expressly recognize in writing, are non-binding for us, even if we do not expressly object to them.
2. Price and Payment
2.1. Prices and terms of payment according to the valid price list. The prices stated in the order confirmation and in any offer are for orders with a net value
plus statutory VAT. We reserve the right to make price adjustments as a result of cost increases during a possible contract period.
Orders for which fixed prices have not been expressly agreed will be charged at the prices valid on the day of delivery.
2.2. In the absence of express agreements, payments are due immediately upon receipt of the invoice, at the latest 14 days after the invoice date.
2.3. If the payment deadline is exceeded, interest on arrears will be charged at a rate of 4% above the discount rate of the Bundesbank. A special notice of default is not required.
2.4. For checks and bank transfers, the day on which we can dispose of the amount counts as receipt of payment. bills of exchange, checks and other means of payment
only accepted on account of performance. Discount, collection and other expenses shall be borne by the customer.
2.5. The customer can neither offset counterclaims nor assert a right of retention because of these claims, unless they are undisputed
or legally established claims.
2.6. If after the conclusion of the contract there is a significant deterioration in the financial situation of the customer or if we are informed of a previously occurred deterioration in the
If the financial circumstances only become known after the conclusion of the contract, we are entitled to demand either advance payment or the provision of security at our own discretion.
2.7. If the customer does not accept goods that have been reported ready for dispatch in good time, we are entitled to store the goods at the customer's expense and risk and to pay the purchase price
request or, after a reasonable period of grace, refuse to fulfill the contract and claim damages for non-performance. If the customer takes a firm in
If the number of items ordered is not fully delivered, we are entitled to charge a minimum quantity surcharge of at least 50% of the pro rata value of the goods not accepted
according to the order confirmation.
3.1. If the goods are sent to the customer at his request, the risk passes when they are delivered to our shipping agent, but at the latest when they leave the warehouse
of accidental loss and accidental deterioration of the goods to the customer, regardless of whether the shipment is from the place of performance and who pays the freight costs
carries. If the goods are ready for dispatch and dispatch or acceptance is delayed for reasons for which we are not responsible, the risk passes upon receipt of the notification
of readiness for dispatch to the customer.
3.2. Shipping and packaging flat rates according to the valid price list. Special conditions apply to export deliveries. The packaging is non-returnable.
3.3. Returns - ordered and correctly delivered goods can only be taken back in exceptional cases, after consultation. Credits will only be given for goods in perfect, original condition
packaged condition minus a 10% processing fee. Goods that were invoiced more than two months ago can no longer be taken back.
4.1. Weight and dimensions are only approximate. Color deviations are permissible.
4.2. In any case, the possibility of delivery remains reserved. Delivery times are only approximate and subject to the smooth course of business. The buyer grows
from incomplete or late delivery or non-delivery no claim for damages, but only a right to withdraw according to the statutory provisions.
Incomplete deliveries or partial deliveries to which we are entitled are considered independent transactions. The delivery time is extended in the event of unforeseeable obstacles
(e.g. operational disruptions, official interventions, etc.) to a reasonable extent. If delivery becomes impossible, we are released from the delivery obligation. In the cases
the extension of the delivery time or the vacancy, any claims for damages and rights of withdrawal of the customer derived from this shall lapse.
4.3. The delivery date is given to the best of our judgment and is extended appropriately if the buyer for his part performs necessary or agreed cooperative actions
delayed or omitted. The same applies to measures in the context of labor disputes, in particular strikes and lockouts as well as the occurrence of unforeseen obstacles,
which are beyond the control of the seller, e.g. B. Delivery delay of a sub-supplier, traffic and operational disruptions, material or energy shortages etc. Also from
Changes to the delivered goods caused by the buyer will lead to a reasonable extension of the delivery period.
5. Retention of Title
5.1. The delivered goods remain our property until all claims arising from the business relationship between us and the customer have been paid in full. The attitude
of individual claims in a current account, as well as the drawing of balance and their recognition, do not affect the retention of title. Only the receipt of the
monetary value with us.
5.2. The customer is entitled to resell the reserved goods in the normal course of business. However, he is not permitted to pledge or transfer ownership by way of security.
The customer is obliged to secure our ownership in the event of resale of reserved goods on credit.
5.3. The customer hereby assigns the claims of the customer from the resale of the reserved goods to us, and we accept this assignment. Notwithstanding this
The customer is entitled to collect as long as he fulfills his obligations towards us and does not fall into financial collapse. At our request
the customer has to provide us with the information about the assigned claims that is necessary for collection and to inform the debtors of the assignment.
5.4. Any processing or transformation of the goods subject to retention of title is carried out by the customer for us without any obligations arising for us as a result. In this case or when connected
and mixing of the reserved goods with third-party items, we are entitled to any joint ownership that may have arisen from the reserved goods. If the customer acquires sole ownership,
the contractual partners agree that the customer grants us co-ownership in relation to the value of our reserved goods to the value of the remaining part and
store the item for us free of charge.
5.5. If the goods subject to retention of title are resold together with other goods, regardless of whether they are processed, combined or mixed with or without processing, the above-agreed terms shall apply
Advance assignment only in the amount of the value of the reserved goods that are resold together with the other goods.
5.6. The customer must inform us immediately about enforcement measures by third parties in relation to the goods subject to retention of title or in relation to the claim assigned in advance, handing over the
Intervention necessary documents to teach.
5.7. The customer is obliged to store the reserved goods properly and to insure them against fire, theft and water at his own expense.
5.8. If, in the case of deliveries abroad, certain measures are required in the importing state for the effectiveness of the retention of title or our other rights specified there,
the customer must inform us of this and carry out such measures at his own expense.
6. Warranty, Liability and Notification of Defects
6.1. Material defect warranty claims
If the goods delivered by us are defective, or if they lack guaranteed properties, or if they are defective within the warranty period due to manufacturing or material defects
defective, we will - at our option - deliver a replacement or repair it to the exclusion of further warranty claims by the customer. The determination of such defects must be given to us
immediately - in the case of recognizable defects, however, no later than eight days after receipt, in the case of non-recognizable defects immediately after they become apparent in writing
otherwise the goods are deemed to have been accepted. The warranty does not apply in the case of improper handling, maintenance, storage and processing of the goods. we
do not guarantee the color fastness and lightfastness of textiles or materials provided by the customer. The customer is obliged to return the defective parts
to send the request to us at his own expense and to enable us to carry out the rectification; Transport and packaging costs are generally not reimbursed!
The expenses required for this, in particular transport, travel, labor and material costs, shall be borne by the customer. Does the buyer meet his obligations
If this is not done, we are released from any warranty. If we allow a reasonable period of grace that has been set for us to elapse without having provided a replacement or rectified the defect,
the customer only has a right of withdrawal. All details and information about the suitability and use of our goods are non-binding and do not release the customer from
own tests and trials. In the event that a supplier or customer gives us drafts or similar for further processing or use, he is responsible for this
to bear that we are released from claims of third parties in terms of patent, model or trademark law and any liability, in particular from claims of copyright
is excluded. Advice, drawings and instructions for use of the products are based on experience and tests to the best of our knowledge and belief
given, liability on our part cannot be derived from this.
6.2. claims for damages
Contractual and non-contractual claims for damages such as B. from the impossibility of performance, from delay, from positive breach of contract, from fault
Conclusion of a contract, tort, product liability, incorrect or omitted advice, and the absence of a guaranteed property are excluded.
This exclusion of liability includes direct and indirect damage (consequential damage).
6.3. In general, no liability is assumed for improper handling.
6.4. Claims for damages from the use of our items are generally excluded.
7. Right of Withdrawal
7.1. In the event that we are not supplied with rights, goods or individual parts on time, we are entitled to withdraw from the contract.
7.2. If the customer pledges inventories, goods or accounts receivable or assigns them to other creditors as security, or if he fails to make payments due, or if
If his financial situation deteriorates significantly, we are entitled, without setting a deadline, to refuse performance, to demand immediate cash payment, or to withdraw from the contract.
7.3. After the conclusion of a contract, we are entitled to withdraw from any contract without any obligation to pay damages or any other service if there is a change in
of the company or in the person of the customer, or his creditworthiness appears doubtful as a result of facts only becoming known later.
8. Offers, scope of services and conclusion of contract
8.1. Contract offers by the seller are non-binding.
8.2. The seller's order confirmation is exclusively decisive for the scope of the contractually owed service.
8.3. The seller reserves the right to make changes to the design, the choice of materials, the specification and the type of construction even after an order confirmation has been sent, provided this
Changes do not contradict either the order confirmation or the buyer's specification. The buyer will also come up with further suggestions for changes
of the seller to the extent that these are reasonable for the buyer.
8.4. Partial deliveries are permitted.
8.5. The documents on which the offer or the order confirmation is based, such as illustrations, drawings, dimensions and weights, are generally only approximate values
to be understood unless they are expressly designated as binding.
8.6 Should individual provisions of this contract be or become invalid in whole or in part, or should there be a gap in this contract, the validity of the
other provisions are not affected. Instead of the ineffective provision, the effective provision that corresponds to the meaning and purpose of the ineffective one is deemed to be agreed
provision. In the event of a gap, the provision that corresponds to what would have been agreed in terms of the meaning and purpose of this contract if the
Matter considered from the outset. This also applies if the ineffectiveness of a provision is based on a measure of performance or time standardized in this contract; it kicks in
In such cases, a legally permissible measure of performance or time that comes as close as possible to the desired one instead of the agreed one.
9. Place of Performance and Jurisdiction
9.1. D-83313 Siegsdorf is agreed as the place of performance for claims arising from the contract or any declared withdrawal.
9.2. The sole place of jurisdiction is D-83278 Traunstein.
9.3. The law of the Federal Republic of Germany applies, with the express exclusion of the laws of the Hague Sales Convention.