General terms and conditions:
Our present and future business relationship with our customers shall be exclusively
governed by our subsequent General Conditions of Sale and Supply, unless
for individual cases anything else has been agreed upon writing.
Offers and Acceptance:
Our offers, orders as well as oral commitments made by agents or sales representatives
will only become binding after written confirmation by us. In case of
immediate delivery by us, the written order confirmation can be replaced by our
invoice. Illustrations, descriptions, references to measures and weights in brochures
or similar documents are not binding.
Agreed prices are to be understood ex works, without value added tax.
Time of Delivery/Default:
Any promise of delivery is not legally binding. The customer can claim damages for
default only if our liability is based on intention (“Vorsatz“) or on gross negligence
Despatch and Passage of Risk:
With the handing over the goods to the customer or to the forwarding agent or
the freight or haulage contractor or any other person appointed to take care of the
transport, the risk shall pass to the customer.
Unless any other payment date has been agreed, we have the right after expiration
of 30 days following the invoice date to charge the customer without prior
reminder interest and commission in the amount charged by the bank at the corresponding
time for short-time loans, however, not less than 3 % over and above
the discount rate of the German Bundesbank at the relevant time.
Exclusion of the Right of Set-Off and of Retention Rights:
Any right of retention of the customer or any set-off declared by the customer with
counter claims are excluded, unless the counter claim of the customer is not in
dispute or has been confirmed by the Courts with final legal effect.
Our liability for warranties shall be governed exclusively by the following provisions:
a) We warrant that the products supplied by us are not affected with defects at
the time of delivery – taking into consideration the state of technology at the
relevant time – which defects probably must result from defective manufacturing
or defective material. Changes of construction or production which we carry
out generally before an order in being delivered do not justify any complaints.
b) Any warranty obligation shall be fulfilled at our option either by replacing the
defective goods or by reparing the defect at no cost.
c) Any claim of the customer for rescision of the contract or reduction of the purchase
price is excluded, unless the defect cannot be repaired or if the customer
cannot reasonably be expected to tolerate further attempts for repair.
d) Open defects must be notified in writing without undue delay at the latest
14 days after delivery.
e) Wood is a natural product. Any variations in colour or texture are natural and no
reason for complaints.
To the extend that the above clauses do not contain any special regulation, the
customer shall have no right to claim damages for whatever legal cause (e.g. for
nonperformance, impossibility, default, fault at or before conclusion of the contract
(“culpa in contrahendo“), breach of other contract obligations (“positive
Vertragsverletzung“) defective title or other defective rights (“Rechtsmängel“),
tort (“unerlaubte Handlung“), compensation among joint debtors etc.) unless our
liability is based on intention (“Vorsatz“) or on gross negligence (“grobe Fahrlässigkeit“).
The exclusion of liability shall be applied also to any personal liability of
our legal representatives and employees.
Reservation of Property:
We retain title to the goods supplied until all payments relating to the supply contact
have been made (title retention goods). The title retention goods remain our
property until all claims we have against the customer due to our business relationship
to take back the title retention goods.
Recording of Customer Data:
An EDV-system is used to keep our accounts. In this connection we store businessrelated
customer data referring to the DSGVO.
Place of Performance and Jurisdiction:
Place of performance shall be our place of business unless anything else has
been agreed in our order confirmation. Exclusive place of jurisdiction shall
be Neumarkt, Germany.
In the event of one or more of the contract provisions being or becoming void, the
other provisions shall remain fully valid. Any invalid provisions shall be replaced by
a valid provision coming nearest to the economic purpose of the invalid provision.
All and any legal relationship and acts between us and the customer shall exclusively
be governed by the laws of the Federal Republic of Germany.