General trading conditions (AGB)
the company Nehs production & selling GmbH • Keltenring 7 • 85658 Egmating
§ 1 general • Area of application
(Nehs GmbH are valid for 1) our following general trading conditions (AGB) obligatory for our entire furnished achievements, and are thus for all customers of the company. Opposing ones or of our conditions deviating conditions of the customer are not recognized. Deviating agreements, conditions or additions, telephone and verbal agreements are obligatory only if they are confirmed in writing by us. The customer does without own purchasing conditions, if he contradicts not expressly in writing and wishes special arrangements.
(2) our general trading conditions are valid only in relation to enterprises in the sense of § 24 AGB law.
(3) our general trading conditions are valid also for contracts in the future with the customer to be locked.
§ 2 offers • Proposal documents (including prices, measures, weights etc.)
(1) our offers are not-binding. All information and data as well as weights, illustrations, descriptions, assembly sketches and designs in price lists and other pressures are only approximately, however optimum, but for us to that extent without obligation.
(2) models and designs remain our property.
§ 3 confirmation of order
Orders, agreements, warranties or the like including our representatives and other employees require the legal force of our written confirmation. Objections by confirmations are immediately, at the latest within one week to make in writing valid. Confirmed prices are valid only with decreases of the confirmed quantities. From us in writing offered selling price are considered as fixed prices if our offer is accepted immediately, at the latest however within 10 days invariably by written order.
§ 4 prices and terms of payment
(1) small orders to 180€ are immediately net payable. With new business relations Vorauskasse or payment can be required in the case of the supply. During Zahlungseinstellung, insolvency or comparison opening on sides of the orderer the demand becomes immediately due. With larger objects Vorauskasse or pre-payment can be demanded. During exceeding of the terms interests usual in banking are brought in charge. Our calculations are, so far nothing else are agreed upon within 30 days starting from invoice date (also with partial deliveries) purely net without each departure payable. The date of the entrance of the payment is determining with us. Us after conclusion of a contract if one becomes with conclusion of a contract available bad financial position of the orderer already admits, or later worsens liquidity conditions of the orderer, then we can, even if we should be obligated to the payment in advance, that refuse which is incumbent on achievement up to the effectuation of the return from us, from the contract to withdraw or payment of damages because of default require.
(2) for each written reminder after entrance of the delay of payment owes the customer us a calculation lump sum at a value of EUR 10,00
(3) the amount proven in the calculation is binding and includes the packing, additional expenses as well as the supply.
(4) the legal value added tax is not contained in the price.
§ 5 supply • Date of delivery, times for delivery and resignation
(1) the supply takes place on calculation and danger of the orderer. We fulfilled our delivery obligations, as soon as the commodity duly the post office, course, which carrier or carrier was handed over or shipped on our own vehicles. If free delivery is agreed upon, then the danger goes over with the arrival of the vehicle before the ship-to-address in the place, which is reasonable attainable with the vehicle. The choice of the route of transportation and means of transport remains reserving us. Supply freely building site or freely camp means delivery without unloading under the condition of a starting road driven on with heavy full trailer combination. If the delivery vehicle leaves the traveled starting cup on instruction of the orderer, then this is responsible for arising damage. Unloading has to take place immediately and appropiately via the orderer.
(2) supply and achievement delays due to higher force and due to events, which make us more difficult the supply or make impossible (to it belongs in particular strike, lockout, official arrangements, sovereign measures etc. even if you with our suppliers or its subcontractors enter), entitle us, to postpone the supply and/or achievement around the duration of the handicap plus an appropriate starting time or not withdraw because of yet the fulfilled part totally or partly from the contract. In case of our achievement delay or the impossibility of the achievement which can be represented from us to claims for damages of the orderer are impossible, it are them are based on resolution or rough negligence of us or one of our legal representatives.
(3) covered transport damages cannot be recognized, if they are only announced later after 24 hours or. A damage is recognized only if it were noted on the shipping documents and confirmed by the driver of the shipping company. The moreover the customer is to be set obligated immediately the company Nehs GmbH in knowledge.
(4) partial deliveries are permissible.
(5) with posting, printing and calculation errors on the website are entitled we to the resignation.
(6) the orderer can for his part in writing or by return of the commodity within two weeks the contract recall.
(7) all returns, which we were not to blame for, must take place franko. In case of such returns we reserve ourselves, the credit note, we opposite the customer give over up to at the most 20 _ the invoice amount to shorten.
§ 6 notices of defect • Warranty for defects and guarantee
(1) the orderer is obligated as soon as he a buyer is, all recognizable, and if he is not a buyer, all obvious lack, shortfalls or wrong deliveries immediately after receipt of the commodity to indicate however before processing or installation first by telephon as well as later in writing. With notice of defect within the prescribed period as well as justified of incorrect goods in the sense of § 459 Abs.1 of the civil law book the legal warranty claims are entitled to our orderer under exclusion of claims for damages.
(2) no guarantee taken over with damage, which from unsuitable or inappropriate use and incorrect assembly and/or start-up resulted.
(3) commercial deviations of the colours, measures, weights and quality do not represent lack of the supplied commodity.
§ 7 retention of title
(1) all supplied goods everything of our demands up to the fulfillment, which are entitled to us now or in the future from each argument against you, remains, our property. This is valid also in the case that the commodity is already totally or partly processed. An acquisition of property in accordance with § 950 of the civil law book is impossible. The orderer is entitled to the far sale of the reservation commodity only in the context of the usual Geschäftsverkehres and under the condition that he surrenders Nehs GmbH already all demands which are entitled from the far sale of the unmachined goods against his customer to the company. The retired demand serves the reservation commodity sold in each case for our protection at height of the value. Verpfändungen and transfers by way of security of the reservation commodity are inadmissible. In case of seizing or other impairment that of reservation property is obligated the orderer to the immediate announcement on us.
(2) with delay of payment of the customer we are entitled to out-require those under retention of title as well as extended retention of title supplied safeguardfor the sake of commodity. This demand as well as the enforcement into the supplied commodity by us are not considered as cancellation of the contract, in the same way the demand to store and not mark the reservation commodity separately.
(3) on our demand is obligated to us the customer, by collecting main of Rechnugskopien
the names of its customers, opposite whom it acquired by sale of our commodity of requirements to communicate as well as amounts owed of this.
§ 8 applicable right • Place of delivery and area of jurisdiction
(And our customers are subject to 1) the legal relations between us exclusively to the right of the Federal Republic of Germany.
(2) place of delivery for our achievements is the seat of our society in Egmating, this is likewise place of delivery for the achievements of the customer.
(3) if the customer buyer, legal entity of the public right or public special estate is, our registered place of business is exclusive area of jurisdiction, if no other legal exclusive area of jurisdiction exists.
§ 9 obligation to notification and indicating after the Federal Law for Data Protection
(1) we it points out that the data of the customer are personal stored, in order to ensure a normal business procedure.
(2) the contract remains obligatory also with inefficacy of individual points in its conditions.
