Terms and Conditions (GTC )
Gerhard Sondermann GmbH
§ 1 General / Scope
1) Customers in terms of sales conditions are entrepreneurs. 2) Our sales conditions apply exclusively; We do not recognize customer conditions that conflict with or deviate from our conditions of sale, unless we have expressly agreed to their validity in writing. Our conditions of sale also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating conditions of the customer. 3) All agreements that are made between us and the customer for the purpose of executing this contract must be set out in writing in this contract. 4) Our conditions of sale also apply to all future business with the customer.
§ 2 Offer and conclusion of contract
1) Our offers are subject to change and non-binding. Declarations of acceptance and all orders require our written or telex confirmation to be legally valid. 2) Drawings, illustrations, dimensions, weights or other performance data are only binding if this is expressly agreed in writing. 3) Our sales staff are not authorized to make verbal subsidiary agreements or to give verbal assurances that go beyond the content of the written contract. 4) We reserve ownership and copyrights to illustrations, samples, drawings, calculations and other documents; they may not be made accessible to third parties. This applies in particular to such written documents that are designated as "confidential"; Before passing them on to third parties, the customer requires our express written consent. 5) The conclusion of the contract is subject to the correct and timely delivery by our suppliers. This only applies in the event that we are not responsible for the non-delivery, especially when concluding a congruent hedging transaction with our supplier. The customer will be informed immediately about the unavailability of the service. The consideration will be refunded immediately.
§ 3 prices / terms of payment
1) Unless otherwise stated in the order confirmation, our prices apply "ex works" excluding packaging; this will be billed separately. 2) The statutory value added tax is not included in our prices; it is shown separately in the invoice at the statutory rate on the day of invoicing. 3) The deduction of a discount requires a special written agreement. 4) Unless otherwise stated in the order confirmation. the purchase price is due for payment net (without deduction) within three days of the invoice date. During the delay, the customer has to pay interest on the debt at a rate of 8% above the base rate. We are entitled to claim higher damage caused by default against the customer if we are able to prove higher damage caused by default. However, the customer is entitled to prove to us that we did not suffer any damage or significantly less damage as a result of the delay in payment. 5) The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. He is also authorized to exercise his right of retention insofar as his counterclaims are based on the same contractual relationship. 6) Travelers and sales drivers are only entitled to collect payments if they present a separate ID.
§ 4 delivery time
1) Delivery dates or deadlines, which can be agreed as binding or non-binding, must be in writing. 2) The start of a delivery time specified by us requires the clarification of all technical questions. 3) If the customer is in default of acceptance or if he violates other obligations to cooperate, we are entitled to claim the damage we incur, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the purchased item is also transferred to the customer at the point in time at which the customer is in default of acceptance. 4) We are entitled to partial deliveries and partial services at any time
§ 5 Shipping and transfer of risk
1) The risk passes to the customer as soon as the shipment has been handed over to the person carrying out the transport or has left our factory for the purpose of shipment. If the dispatch is delayed at the customer's request, the risk is transferred to the customer when the readiness for dispatch is reported. If the customer so wishes, we will cover the delivery with transport insurance; the customer bears the costs incurred. 2) The handover is the same if the customer is in default of acceptance. 3) When picking up from the delivery point, the customer's agents are responsible for loading the vehicle and observing the statutory provisions regarding the transport of dangerous goods. 4) The unloading and storage of the goods is always the responsibility of the customer. 5) As far as our employees help with unloading and cause damage to the purchased item or other damage, they act at the sole risk of the customer and not as our vicarious agents. 6) The above regulations apply accordingly to deliveries by third-party carriers, insofar as liability for us could be derived from their behavior. The liability of the third party remains unaffected.
§ 6 warranty for defects
1) We initially guarantee defects in the goods by repair or replacement, at our option. 2) If the supplementary performance fails, the customer can in principle, at his option, request a reduction in the payment (reduction) or cancellation of the contract (withdrawal). However, the customer is not entitled to withdraw from the contract if there is only a minor breach of contract, in particular only minor defects. 3) The regulation of § 377 HGB remains unaffected. 4) If the customer chooses to withdraw from the contract due to a legal or material defect after a failed supplementary performance, he is not entitled to any additional claims for damages because of the defect. The compensation is never limited to the difference between the purchase price and the value of the defective item. This does not apply if we have maliciously caused the breach of contract. 5) The warranty period is one year from delivery of the goods. This does not apply if the customer did not notify us of the defect in good time (Section 4 of this provision). 6) As a matter of principle, only the manufacturer's product description applies to the condition of the goods. Public statements, promotions or advertising by the manufacturer do not represent a contractual specification of the quality of the goods. 7) If the customer receives defective assembly instructions, we are only obliged to deliver fault-free assembly instructions and only if the defect in the assembly instructions prevents proper assembly . 8) The customer does not receive any guarantees in the legal sense from us. Manufacturer guarantees remain unaffected. 9) If the purchase item is the delivery of a used item, the customer's rights due to defects are excluded. This limitation does not apply to claims for damages by the customer arising from product liability or claims for damages in the event of physical injury or damage to health attributable to us or in the event of the customer's life being lost. This limitation also does not apply to claims for damages by the customer if we can be accused of gross negligence or malice.
§ 7 Limitations of Liability
1) We are not liable for slightly negligent breaches of insignificant contractual obligations. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. 2) The above limitations of liability do not affect customer claims arising from product liability. Furthermore, the limitations of liability do not apply in the event of damage to body and health attributable to us or in the event of the customer's life being lost. 3) Claims for damages by the customer due to a defect expire after one year from delivery of the goods. This does not apply if we can be blamed for gross negligence, as well as in the case of physical and health damage attributable to us or the loss of the customer's life.
§ 8 retention of title
1) We reserve title to the goods until all claims to which we are entitled now or in the future from the business relationship against the customer have been settled (goods subject to retention of title). 2) We are entitled to insure the reserved goods against theft, breakage, fire, water and other damage at the customer's expense, unless the customer can be shown to have taken out the insurance himself. 3) The customer may neither pledge the reserved goods nor assign them as security. In the event of seizure, confiscation or other disposal by third parties, he must inform us immediately so that we can enforce our property rights. If the third party is unable to reimburse us for the judicial or extrajudicial costs incurred in this connection, the customer shall be liable for them. 4) We are entitled to withdraw from the contract and demand the return of the goods if the customer behaves contrary to the contract, in particular in the event of default in payment. 5) Processing or remodeling of the goods subject to retention of title takes place as a manufacturer in accordance with § 950 BGB, without obliging us. If the reserved goods in our ownership are processed with other items, we acquire joint ownership of the new item in the ratio of the market value of our goods to the value of the other processed items at the time of processing. The customer will keep the new item for us free of charge with the care that is customary in the trade. 6) The customer is entitled to process and sell the reserved goods in the ordinary course of business, as long as he is not in default. As a precaution, the customer hereby assigns to us in full the claims arising from the resale or any other legal reason (insurance, tort) with regard to the reserved goods (including all balance claims from current account). We revocably authorize him to collect the claims assigned to us for our account in his own name. This authorization to collect can only be revoked if the customer does not properly meet his payment obligations. 7) We undertake, on request, to release the securities to which we are entitled insofar as their value exceeds the claims to be secured by more than 10%. 8) The customer also assigns to us claims to secure our claims against him, which he accrues against a third party through the connection of the reserved goods with property
§9 refusal to perform
If the customer does not accept the service from us, the customer is obliged to pay us 25% of the order value as flat-rate compensation. The customer is free to prove minor damage.
§ 10 place of jurisdiction / place of performance
1) If the customer is a merchant, legal entity under public law or special fund under public law, our place of business is the place of jurisdiction; however, we are also entitled to sue the customer at his place of residence. The same applies if the customer does not have a general place of jurisdiction in Germany or if their domicile or habitual abode are not known at the time the action is brought. 2) Unless otherwise stated in the order confirmation, our place of business is the place of performance. § 11 Applicable Law, Partial Invalidity 1) The law of the Federal Republic of Germany applies to these sales conditions and all legal relationships between us and the customer, excluding the law of the UN Convention on Contracts for the International Sale of Goods. 2) Should a provision in these conditions of sale or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements.
scope
All deliveries and services by Gerhard Sondermann GmbH in the fulfillment of orders that the customer has not placed in connection with his commercial or independent professional activity are based on these terms and conditions. Deviating and / or supplementary agreements require the express written consent of Gerhard Sondermann GmbH; this also applies to a waiver of the written form requirement.
The right of withdrawal only applies to private customers and not to commercial customers as defined by the German Commercial Code.
As a consumer, you are no longer bound to your order within the meaning of Section 13 of the German Civil Code (BGB) if you withdraw it within a period of 2 weeks after receiving the goods. The revocation does not have to contain a reason and can be done in writing (an email, e.g. to shop@sondermann.org is sufficient) or by returning the goods at our risk. To meet the deadline, it is sufficient to send it to: Gerhard Sondermann GmbH Wiesengrund 7 57368 Lennestadt-Kirchveischede Please post sufficient postage on the package to avoid penalty postage. We will then immediately refund the postage amount. If you send back damaged or worn goods, the legally permissible amount will be deducted; You can avoid this by simply subjecting the goods to an inspection, as it would have been possible for you in a shop, and sending them back without any signs of use and in the original packaging. We assume the costs of returning the goods if your order exceeds an amount of EUR 40.00. Excluded from the return are * goods that are made according to customer specifications or are clearly tailored to personal needs or that are not suitable for a return due to their nature or that can spoil quickly or whose expiration date has been exceeded, * audio or video recordings or software, if you have unsealed the data carriers supplied, * newspapers, magazines and magazines.
GuaranteeThe guarantee takes place in accordance with the statutory provisions, whereby in the event of a defect in the goods we initially deliver or repair them at your option. If the rework fails or if the subsequently delivered goods are also defective, you can return the goods against a refund of the full purchase price or keep the goods and reduce the purchase price. Information about any manufacturer warranties, please refer to the product documentation.
Place of jurisdictionIn the case of contracts with merchants, legal entities under public law or special funds under public law, the exclusive place of jurisdiction for all legal disputes arising from the business relationship, including actions on bills of exchange and checks, is agreed to be the seat of the seller.