Terms of sale, delivery and payment
Terms of sale, delivery and payment
Jörg & Sohn, Lindenstr. 24, DE-96482 Ahorn-Schorkendorf
- Contractual regulations
- Offer and conclusion of a contract
- Delivery time, time of performance
- Change of risk
- Proprietory rights
- Terms of payment
- Privacy of personal data
- Applicable right, legal domicile
All our deliveries, services and offers are exclusively carried through due to these trading conditions. This applies also for all future business relations even if made without any special agreement. Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
All our offers are not-binding and noncommittal. In order to become legally effective, all notifications of acceptance and all orders require our written or confirmation by teleprint. Same applies to additions, modifications or special agreements. The sales contract with the Customer shall not become effective until our acceptance. Drawings, illustrations, masses or other performance data are only obliging if this is expressly arranged in writing.
Until differently given, we keep ourselves bound to the prices indicated in our offers and valid price lists. The prices specified in our confirmation of order plus the valid value added tax are relevant. Additional supplies and services are calculated separately. The prices are understood including transportation packing; forwarding expenses according to arrangement.
Dates and terms named by us are principally kept. We cannot held responsible for delays of delivery and achievement due to force majeure and due to events, which complicate the delivery essentially or make it impossible even when obligatorily periods and dates are agreed. These entitle us to postpone the delivery and/or achievement for the entire duration of said event plus an adequate starting time or to withdraw completely or partly from the contract regarding parts not yet fulfilled. If the impediment lasts longer than 2 months, the buyer is entitled to withdraw from the contract regarding the part not fulfilled. The buyer can only require compensation because of default if we or our assistants have caused the damage intentionally or grossly negligent. All further claims, particularly claims for damages of each kind are excluded. We are at any time entitled to carry through partial deliveries and partial achievements.
If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects; provided, however, that we shall have the right to choose between any such remedies at our discretion if the Customer is a Business Customer. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs. If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected from the Customer or we refuse to so remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law. The warranty period shall be two years upon delivery of the Product if the Customer is a Consumer or otherwise twelve months upon delivery of the product. With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or otherwise (ii) within five business days from the day when the defect has been identified. If the buyer communicates that the products do not correspond to the guarantee, we can require alternatively that
a) the faulty part resp. device is returned to us with prepaid freight for the purpose of repair and return;
b) the buyer will hold the damaged part or device ready and a technician is sent to the buyer in our order to carry out the repair. If the buyer demands that guarantee works are carried out at a place determined by him, we can correspond to this desire; parts falling under guarantee are not calculated while working hours and travel expenses are to be paid according to our current hourly rates. The aforementioned regulation contains finally the guarantee. It excludes other warranty claims. This guarantee does not apply to glassware and rubber parts, cables, chair pads and such parts which must be replaced by new parts before expiration of the guarantee period due to natural wear. We cannot take over a warranty for special lacquer finishes or sent in upholstery fabrics.
Our liability for negligence, other than for gross negligence, resulting from late delivery shall be limited to an amount equal to 10% of the aggregate purchase price (including VAT). We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant order and product and assuming a normal use of the product. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence. The provisions of this Section shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
The product remains our property up to the complete payment. Processing or reshaping always take place for us as a manufacturer, however without obligation for us. If our (co-) ownership expires by connection with third parties, we determine herewith that the (co-) ownership of the buyer passes over to us in accordance with the value shares (invoice amount). The buyer keeps the property free of charge. The buyer is entitled to process and sell the reservation product in the normal course of business as long as he is not in delay. The buyer resigns the demands developing from resale or an other argument concerning the reservation product herewith for safety’s sake entirely to us. We authorize the buyer revocably to draw the demands resigned to us in his own name. On our request, the buyer will disclose the assignment and will give the required information and documents. Should third parties will gain access to the reservation product the buyer will point to our property and inform us promptly. The buyer carries costs and any damages. If the buyer should behave contrary to the terms of the agreement (in particular delay of payment), we are entitled to take the reservation product back at expense of the buyer or, if necessary, we are entitled to demand cession of the buyer’s claims against third parties. Taking back the goods or distraint of the reservation product does not entitle to resignation of the contract.
Zahlungskonditionen befinden sich auf der Auftragsbestätigung. Gerät der Käufer in Verzug, so werden pro Monat 1% Verzugszinsen berechnet. Eine Zahlung gilt erst dann als erfolgt, wenn wir über den Betrag verfügen können. Im Falle von Schecks gilt die Zahlung als erfolgt, wenn der Scheck eingelöst wird. Wechselzahlungen bedürfen besonderer Vereinbarung. Wenn der Käufer seinen Zahlungsverpflichtungen nicht nachkommt, insbesondere einen Scheck nicht einlöst oder seine Zahlungen einstellt oder wenn uns andere Umstände bekannt werden, die die Kreditwürdigkeit des Käufers in Frage stellen, so sind wir berechtigt, die gesamte Restschuld fällig zu stellen, auch wenn Schecks angenommen worden sind. Bei Auslandszahlungen tragen wir nur die durch unsere Bank entstandenen Spesen. Dem Kunden steht kein Aufrechnungs- oder Zurückbehaltungsrecht zu, soweit nicht die Gegenforderung unbestritten oder rechtskräftig festgestellt ist.
In connection with said business relation, we are entitled to process the received data in the sense of the Federal Law for Data Protection, whether these data have been given directly from the buyer or from third parties. This reference replaces the report in accordance with the Federal Law for Data Protection regarding storage and subsequent treatment of the data by EDP.
To these trading conditions and the entire legal relations between us and the buyer the right of the Federal Republic of Germany applies. The applicability of the uniform UN Purchase Law CISG is excluded. If legally permissible, the district court and/or regional court of Coburg is determined as legal domicile for any disputes arising from the contract. Should an aforementioned regulation in these trading conditions be ineffective in the context of other agreements, the validity of the other regulations or agreements is not affected.