1.1 The following “General Terms of Delivery and Payment” (in the following “ALZ”) apply to all – also future – contracts, deliveries and other services in business transactions with merchants within the meaning of §§ 2 et seq. HGB, company iSD. § 14 BGB, legal entities of public law and / or special funds under public law (summarized in the episode “Customers”). Deviating conditions, in particular purchase conditions of the customer, we hereby objected.
1.2. Insofar as the following ALZ do not regulate otherwise, the practices in timber trade (Tegernsee customs of 1985) apply additionally. With the Tegernseer customs it concerns commercial customs acc. § 346 HGB. Their knowledge is assumed by the customer, so that they are only sent on request by the customer.
1.3. Only our ALZ apply. Divergent, conflicting or supplementary general terms and conditions of the customer shall only and insofar as part of the contract, asl the user of its validity expressly and written approval. This approval requirement applies to all concluded contracts. In particular, even if this consent has been given in an ongoing business relationship, the customer can not rely on it for future contracts. The consent requirement also applies if the user, knowing the terms and conditions of the customer, provides the agreed service without reservation.
1.4. Within the framework of an ongoing business relationship with merchants, the ALZ will also be part of the contract if the user has not explicitly referred to your inclusion in the individual case.
1.5. In individual cases, individual agreements with the customer (including side agreements, amendments and changes) have priority over these ALZs. Subject to the contrary evidence, the content of such agreements shall be governed by a written agreement or written confirmation thereof. This requirement would also be covered by transmission by fax, e-mail or any other electronic form, and in the case of electronic transmission, no signing by the user other than confirmation shall be required.
1.6. Substantive statements and advertisements that are to be submitted by the customer to the user after the conclusion of the contract (in particular, but not final, deadlines, notification of defects, declaration of withdrawal, assertion of damages) must be at least in the form of the & 126 b BGB in order to be effective.
2. Offers and conclusion of contract
2.1. The offers contained in the catalogs and sales documents of the user, as well as – if not expressly described as verdindlich – on the Internet are always non-binding and subject to change. They are therefore always to be understood as an invitation to submit an offer, directed to the respective contract.
2.2 Orders are only accepted if they are either confirmed by the user or executed immediately after receipt of the order. Confirmation is 1.5. corresponding.
2.3. If the user becomes aware of facts after the conclusion of the contract, which according to the dutiful, commercial and the principle of good faith (§ 242 BGB) discretion suggests that the purchase price claim is jeopardized by a lack of performance of the customer, the user is entitled, subject to settlement a reasonable obligation to demand payment or corresponding securities from the customer at the option of the customer. Facts within the meaning of the preceding sentence are in particular, but not exhaustive, late payment in respect of earlier deliveries. If the customer does not comply with the request of the user, he can immediately withdraw from the contract. In this case, the user is entitled to make invoices for partial deliveries already due immediately.
3. Delivery, transfer of risk and default, lump-sum damages
3.1. Correct and timely self-supply reserved.
3.2. The risk of accidental loss and accidental deterioration of the goods is generally transferred to the customer. Excepted from this is the dispatch sale. The risk of accidental loss and accidental deterioration of the goods as well as the risk of delay already passes to the forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the shipment is delayed on request of the customer, the Gehahr goes with notification of readiness for dispatch or with access of the delivery notice to him. In the cases of point 3.2. The user may charge storage fees amounting to 1.0% of the invoice amount for each commenced month seven (7) days after receipt of readiness for dispatch. The handover is the same
3.3. Delivery free construction site or free warehouse means delivery without unloading and provided that there is a road accessible by heavy goods train. If the delivery vehicle leaves the passable access road on the instructions of the customer, the latter is liable for consequential damage. The unloading must be carried out immediately and properly in accordance with the practice of business. Emerging waiting times, which the customer is responsible for, will be charged to this.
3.4. Partial deliveries are permitted to the extent that is reasonable for the customer, provided that the entire delivery is made within the agreed delivery time.
3.5. Die Lieferfrist wird individuell vereinbart bzw. vom Verwender bei Annahme der Bestellung angegeben. Sofern keine Lieferfrist genannt wird, beträgt die Lieferzeit ca. sechs (6) Wochen ab Vertragabschluss.
3.6. If binding delivery schedules can not be complied with for reasons for which the user is not responsible (non-availability of the service owed), the user will inform the customer immediately and at the same time notify the expected new delivery deadline. This is no longer to be measured than the original deadline. If the service is not available within the new delivery period, the user is entitled to withdraw from the contract in whole or in part – limited to the unavailable part of the service owed. an already provided consideration of the customer, for which the user can not provide any consideration on the basis of the aforementioned, will then be refunded immediately.
3.7. In the event of a delay in delivery, the customer is obliged, at the request of the user, to declare within a reasonable period of time whether he continues to insist on performance or withdraws from the contract due to the delay and / or asserts claims for damages. In any case, a period of five (5) working days must be considered appropriate. In this case, the customer is already pointed out, which equates to a silence within the statutory period of the statement that it continues to insist on performance.
3.8 The rights of the customer according to Section 7 of this ALZ and the user’s statutory rights not modified by these ALZ, in particular, but not conclusive, in the case of exclusion of the obligation to perform (eg due to impossibility or unreasonableness of the service and / or supplementary performance) remain unaffected.
4. Prices and terms of payment
4.1. Unless otherwise agreed, the prices applicable at the time of the conclusion of the contract apply ex-warehouse (plus VAT) and the purchase price is due immediately upon receipt of the goods without deduction. The prices are in euros ex works or ex warehouse, excluding packaging.
4.2. In the case of sales by weight, the weight determined at the point of shipment applies, or in the case of sale of quantities or cubic meters, the quantity determined on loading. Increases in freight costs and production costs as well as newly introduced traffic loads entitle the user to corresponding price changes insofar as, at the time of conclusion of the contract, they had no knowledge or knowledge of the respective increases or newly introduced traffic loads.
4.3. If the user and the customer take part in a company direct debit procedure, then it is sufficient if the advance information (prenotification) on the debit amount and the due date reaches the customer one day before the respective due date.
4.4. The user is entitled at any time – also in the context of an ongoing business relationship – to carry out a delivery in whole or in part only in advance. A corresponding reservation must be declared by the user at the latest with the order confirmation.
4.5. In the event of late payment, interest in the amount of the respective bank rates for overdrafts will be charged, but at least the statutory default interest. Any individual agreements on discounts are void as long as the customer is in arrears with the payment of previous services rendered. Individually agreed discount periods begin with the invoice date.
4.6. If the customer defaults on payment by reminder (§ 286 Abs.1 BGB), the user is entitled to reminder to take back the goods or to demand them out. The user may also prohibit the removal of the delivered goods. The return of the goods or their requesting a withdrawal from the contract equal, without the need for an explicit resignation.
4.7. A refusal to pay or retention is excluded if the customer knew the defect or other reason for complaint at the conclusion of the contract. This also applies if the defect has remained unknown to him as a result of gross negligence, unless the user has fraudulently concealed the defect or any other reason for complaint or provided a guarantee for the condition of the object.
In addition, the payment may be withheld due to defects or other complaints only to a reasonable extent. In the event of a dispute, an expert appointed by the Chamber of Industry and Commerce of the customer will decide on the height. The costs shall be borne by the parties in proportion to their failure or victory.
4.8. Offsetting or retention is only possible with undisputed or legally binding claims.
4.9. After conclusion of the contract recognizable (eg, but not conclusively, by application for opening insolvency proceedings) that the user’s claim to the purchase price is jeopardized by lack of customer performance, the user is en statutory provisions to refuse performance and – if necessary Deadline – entitled to withdraw from the contract (§321 BGB). In the case of contracts for the production of unacceptable goods (individual productions), the user has an immediate right to withdraw; the statutory provisions on the dispensability of setting deadlines otherwise remain unaffected.
10.4. If checks are given, the payment shall only be deemed to have been effected upon successful redemption and after the expiry of the withdrawal period.
11.4. Bills are excluded.
5. Properties of the wood
5.1.Wood is a natural product; its inherent properties, deviations and characteristics are therefore always to be observed. In particular, the customer must take into account his biological, physical and chemical properties when buying and using.
5.2. The Bandbreits of natural color, structure and other differences within a wood species is one of the properties of the natural product wood and is no reclamation or primer.
5.3. The customer is responsible for comprehensively informing about the properties of the wood which is part of the contract. If necessary, he has to seek external expert advice.
5.4. Regarding points 5.1. – 5.3. Incidentally, it will refer to the Tegernseer customs.
6. Complaints, warranty and liability
6.1. The properties of the goods, in particular, but not limited to, quality, variety and dimensions, are governed by the agreements of the parties. As an agreement on the condition of the goods are all product descriptions that are the subject of the individual contract; It makes no difference whether the product description comes from the manufacturer, user or customer. If an individual agreement is missing, the relevant and relevant DIN and EN standards shall prevail. Conformity declarations and CE markings do not constitute independent guarantees. The suitability and use risks of the service rendered are the responsibility of the customer.
6.2. For defects in sense of § 424 BGB the user is liable as follows: The customer has to examine the received goods immediately on amount and condition. Any obvious defect must be reported to the user within 14 calendar days by written notice. In bilateral trading transactions with merchants, §§ 377, 381 HGB remain unaffected. Incidentally, reference is made to the Tegernseer customs.
6.3. If the customer establishes a defect of the goods, he may not dispose of them, in particular he may not divide, resell, process, destroy or otherwise somehow alter the found condition until an agreement has been reached on the handling of the complaint Evidence-taking procedure has been carried out by an expert commissioned by the Chamber of Commerce in the customer’s place of business. He is obliged in this respect to the burden-free, careful safekeeping. If the customer does this again, the customer is advised that then the part of the defective goods that was wrongfully ordered must be regarded as approved in the ratio of the used customer.
6.4. In the case of legitimate complaints, the user is entitled to determine the type of supplementary performance (replacement, subsequent improvement), taking into account the nature of the defect and the legitimate interests of the customer. Apart from that, § 275 BGB remains unaffected. The user is entitled to remunerate the owed supplementary performance in accordance with the fact that the customer pays the due purchase price. The customer is entitled to retain part of the purchase price which is reasonable in relation to the defect.
6.5. The customer’s right to abatement according to §§437 No. 2 2.Alt., 441BGB or §§ 634 No. 3 2. Alt., 638 BGB is excluded.
6.6. A liability of the user beyond the value of the goods is excluded. This does not apply to claims of the customer, which are based on § 439 Abs. 3 BGB.
6.7. The customer must give the user the time and opportunity required for the owed supplementary performance, in particular to hand over the rejected goods for examination purposes. In the case of replacement, the customer must return the defective item or the defective part of the delivery in accordance with the statutory provisions. Only the defective part of the delivery must be returned if it can be separated without further ado from the non-defective part of the delivery and the customer otherwise holds to the conclusion of the contract.
6.8. Claims for material defects expire in twelve (12) months. This does not apply insofar as the law prescribes longer periods, in particular in the cases of §§438 (1) no. 2 BGB (buildings and property for buildings), 479 (1) (right of recourse) and 634a (1) no (Construction defects) BGB.
6.9. The user is liable for damages that did not arise on the delivery item, only insofar as the damage arose in a manner attributable to the user or he is responsible for this damage.
6.10. The place of fulfillment of the supplementary performance lies at the registered office of the user.
7. Installation and removal costs, self-assertion
7.1. In addition, and with reference to paragraph 6, the following point 7.2 applies.
7.2. The customer must notify the user of any warranty claims that occur to a consumer without delay. The user reserves the right, in the event that the customer intends to refuse subsequent performance, a self-right of retrieval. The customer shall notify the user of the imminent refusal of subsequent performance without delay and before submitting the declaration to the consumer. If the customer violates the aforementioned disclosure obligations, he shall be liable to the user for any differential damage that arises as a result of the consumer commissioning a third party with the remedy of the defect. The user is burdened with evidence in order to explain the level of the differential damage. Above all, he has to explain in the event of self-assertion by him, the claim asserted by the customer for compensation of the necessary expenses would not have been reached in terms of amount. The Differnz is to be numbered. The above applies in particular, but not exclusively, to the cases in which the user can be claimed in the context of the supplier recourse without his being able to claim his supplier.
8.General limitation of liability; Limitation of liability bzg. the use of electronic media, privacy
8.1. Insofar as this ALZ, including the following provisions, does not state otherwise, the user shall be liable in the event of a breach of contractual and / or non-contractual obligations in accordance with the statutory provisions.
8.2. The user is liable for damages – for whatever legal reason – in the context of fault liability in the case of intent and gross negligence. In the case of ordinary negligence, the user is liable, subject to a milder legal liability (eg for care in his own affairs), a) for damages resulting from injury to life, body or health and b) for damages resulting from the material breach of contract ( ie an obligation the fulfillment of which enables the proper execution of the contract and on whose observance the customer regularly trusts and can trust); for the liability from the numbers 6 and 7 the liability of the user is limited to the compensation of the, regarding the respective contract, foreseeable and typically occurring damage.
8.3.The result of 8.2. Any liability restrictions shall also apply to breaches of duty by or for the benefit of persons whose fault the user is responsible for and / or whom they are responsible for according to legal provisions. Insofar as a defect is fraudulently concealed, a guarantee for the quality of a thing has been assumed and / or the customer has claims under the Product Liability Act, section 8.2 applies. Not.
8.4. Due to a breach of duty that does not exist in a defect, the customer can only resign or terminate if the user has represented the breach of duty. A free right of termination of the customer (in particular, but not final, according to §§ 651, 649 BGB) is excluded. Incidentally, the statutory provisions and legal consequences apply.
8.5. The sending of information and documents by electronic means, in particular by e-mail, involves risks. In particular, it can not be ruled out that third parties gain access to the data, take notice of you and modify it, or distort data, incomplete, delayed or even not received by the recipient. In addition, electronic communications may contain viruses or other components that could disrupt or harm another computer system. With regard to the forms of communication customary today, the customer agrees to the knowledge of these risks and agrees that information and documents can be sent unencrypted and electronically to him and to third parties involved.
8.6. The above limitations of liability and liability regulations under 8.1.-8.4 do not apply to data protection claims
9. Statute of limitations
9.1. Deviating from § 438 Abs. 1 Nr. 3 BGB, the general limitation period for claims arising from material defects and defects of title is one (1) year from delivery. Insofar as an acceptance has been agreed, the statute of limitations starts with the acceptance.
9.2. If the goods are a construction or a thing that has been used for a building according to its intended use and has caused its defectiveness (building material), the statute of limitations shall be five (5) years from delivery (§ 438 Abs. 1, Abs. 3 §§ 444, 479 BGB).
9.3. The above limitation periods of the purchase right also apply to contractual and non-contractual claims for damages of the customer, based on a defect of the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead in individual cases to a shorter prescription. Claims for damages of the customer according to section 8.2. P. 1 and sentence 2 a, as well as according to the Product Liability Act are time-barred according to the valid, legal regulation.
10. Retention of title
10.1. The user reserves the property of the goods until full payment of the purchase price. In the case of goods purchased by the customer from the user as part of a current business relationship, the user reserves ownership until all his claims against the customer arising from the business relationship, including future claims arising from simultaneous or later contracts, have been settled. This also applies if individual or all claims of the user have been included in a current invoice and the balance has been drawn and recognized.
10.2. If the reserved goods are processed by the customer into a new movable object, the processing is carried out for the user without being obliged to do so; the new thing becomes the property of the user. In the case of processing together with goods not belonging to the user, the user acquires co-ownership of the new object according to the ratio of the value of the reserved goods to the other goods forming the new object at the time of processing. If the goods subject to retention of title are not combined, mixed or blended with goods belonging to the user in accordance with §§ 947, 948 BGB, the user shall become co-owner in accordance with the statutory provisions. If the customer acquires sole ownership by combining, blending or mixing, Thus, he already transfers co-ownership to the user according to the ratio of the value of the reserved goods to the other goods involved in the connection, mixing or mixing at the time of combining, blending or mixing. In such cases, the customer shall hold the property owned or co-owned by the user, which shall also be deemed to be reserved goods within the meaning of the preceding conditions, free of charge until their sale.
10.2. If the reserved goods are processed by the customer into a moveable object, the processing is carried out for the user, without the latter being obliged to do so; the new thing becomes the property of the user. When processing together with goods not belonging to the user, the user acquires co-ownership of the new object according to the ratio of the value of the reserved goods to the other goods forming the new object at the time of processing. If the reserved goods are not combined, mixed or blended with the user belonging to the goods in accordance with §§ 947, 948 BGB, the user becomes co-owner in accordance with the statutory provisions. If the customer acquires sole ownership by combining, blending or mixing, For example, he already transfers the user co-ownership according to the ratio of the value of the reserved goods to the other goods involved in the connection, mixing or mixing at the time of combining, blending or mixing. In these cases, the customer has to protect the property owned or co-owned by the user, which is also considered reserved goods within the meaning of the preceding conditions, free of charge until their sale.
10.3. If we sell reserved goods alone or together with goods not belonging to the user, the customer hereby assigns the claims resulting from the resale in the amount of the value of the reserved goods with all ancillary rights and in the rank before the rest; the user accepts the assignment. The value of the reserved goods is the invoiced amount of the seller, which, however, remains out of the question insofar as it conflicts with the rights of third parties. If the resold reserved goods in co-ownership of the user, the assignment of the claims extends to the amount corresponding to the share value of the user in the co-ownership.
10.4 If reserved goods are installed by the customer as an integral part of an immovable object, ship, shipbuilding plant or aircraft (a) of a third party or (b) of the customer, the customer already assigns against (a) the third party or (b) the customer Acquirer in the event of the sale arising and assignable claims for reimbursement in the amount of the value of the reserved goods with all ancillary rights, including such on granting a real lien, with priority over the rest, from; the user accepts the assignment. Case 10.3, sentences 2 and 3 apply accordingly.
10.5 The customer is entitled to resell, use or install the reserved goods only in the normal course of business and only with the proviso that the claims in the sense of clauses 10.3 or 10.4 are actually transferred to the user. The customer is not entitled to dispose of the goods subject to the reservation of title, in particular, but not conclusively pledging or transfer by way of security.
10.6 The extended retention of title does not apply to contracts concluded with payment in advance.
10.7 The User authorizes the Customer, subject to the revocation, to collect the claims assigned in accordance with Numbers 10.3 and 10.4. The user undertakes not to make use of the revocation of the authorization and, to that extent, of his own collection authorization, as long as the customer complies with his payment obligations, even to third parties. At the requesting user, the customer has to name the debtors of the claims, taking into account data protection regulations. If the conditions for a revocation of the authorization occur, the customer must notify its debtors of the assignment at the request of the user; In these cases, the user is also authorized at any time to notify the debtors of the assignment themselves.
10.8 Upon cessation of payment and / or application for commencement of insolvency proceedings on the assets of the customer, the right to resell, to use or to install the retained goods and / or to authorize the collection of the assigned claims expires. The regulations of the InsO remain unaffected.
10.9 If the value of the securities granted exceeds the claims (possibly less by partial and / or partial payments) by more than 20%, then the user is obliged to re-transfer or release immediately upon determination of the overcollateralization.
11. Return delivery
11.1 Returns of the goods, which are neither initiated by the user nor justified by a defect of the goods, exempt the customer from the (pro rata) purchase price payment only if the user expressly agrees to the return. The approval must correspond to the form of section 1.6. Returns of the customer are accepted by the user only under the reservation of the examination.
11.2 Returns can only be processed by the user if the return is accompanied by accompanying documents such as the invoice copy or copy of the delivery note.
11.3 Returns are at the risk and expense of the customer, who bears the risk of accidental destruction. If the user accepts the return transport of the goods at the request of the customer, or if the return from a place other than the place of performance, the above regulation applies accordingly. This applies if the original delivery to the customer was at the expense of the user.
11.4 If the user agrees to the return of salable goods, the seller is entitled to charge a flat-rate return of 15% of the net value of the goods plus freight.
12. Final provisions
12.1 Place of fulfillment and place of jurisdiction for deliveries and payments (including check claims) as well as all disputes arising between the parties, as well as the customer are merchants within the meaning of §§ 2ff. HGB, entrepreneur gem. § 14 BGB, legal entity of public law and / or public special fund is the head office of the user. The user reserves the right in individual cases to bring an action at the place of performance of the delivery obligations in accordance with these ALZ or a priority individual agreement or at the general place of jurisdiction of the customer. Priority laws, especially but not limited to exclusive jurisdiction, remain unaffected.
12.2 The relations between the contracting parties are governed by un-uniform German law, namely HGB / BGB. The Articles of the CISG (United Nations Convention on Contracts for the International Sale of Goods) of 11 April 1980 shall not apply.
12.3 The customer is hereby informed that the user the personal data obtained in the context of the business relationship in accordance with the Federal Data Protection Act (Federal Data Protection Act in the version of the notice of 30.6.2017 (Federal Law Gazette I p 2097), entry into force in accordance with Article 8 para. 1 of this law on 25.5.2018) for the transaction, collects, processes, and uses.
12.4 The personal data is permanently stored in a central file system. The customer has a right of access to personal data concerning him / her (Art. 15 DSGVO), as well as to a correction (Art. 16 DSGVO), cancellation (Art. 17 DSGVO) or limitation of the processing (Art. 18 DSGVO) or a right of objection the processing (Article 21 GDPR) and the right to data portability (Article 20 GDPR).
13 Order once place and confirmed cannot be changed, modified, altered or cancelled. If the order is changed, modified, altered or cancelled the advance paid against material shall be forfeited.
14 Flooring installation ideally should be done after completion of all others works at site.
15 If during the installation or after the installation any damage is caused to the material being installed by other contractors at the site, then company shall not be in any way responsible for any such damage and the responsibility shall solely be of the client /contractor at site.
16 Every plank is unique, every lot is individual. Colour variation against sample provided may occur. It highlights the distinctive character and authenticity of the wood.
17 Delay in delivery and or installation due to circumstances beyond the control of the company, the company & its employees or representatives shall not be held responsible.
18 All orders are in accordance with our general terms and conditions listed at hks1835.com
19 All natural wood has the tendency to change colour, shine expand, crack, contract over a period of time due to change in heat, humidity, rain, changing weather conditions, this is a natural process and is no way an indication of poor quality or bad workmanship
20 To maintain the quality and ensure longevity of the material, the maintenance guidelines provided should be strictly adhered to. Failing which the warranty will not stand valid.
21 In case of default / delay in payment or incomplete payment / payment / due / overdue as per agreed payment terms in such cases the WARRANTY on the products supplied shall be not be enforceable and the company shall not be responsible for any claims towards the products supplied.
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