STORE POLICIES
1. General
(1) All deliveries, services, offers and contracts on our part are based exclusively on these provisions. They shall be recognized as binding at the conclusion of the contract and shall apply even if no further business relationships are no longer expressly referred to. Other terms and conditions shall not apply.
(2) Additional agreements, amendments or additions to the contract shall only be valid if they are confirmed by us in writing.
(2) Offer and conclusion of contract
(1) All our offers are subject to change and are not binding. They shall only become effective after our written confirmation of the order.
(2) An order signed by the customer is a binding offer. We can accept this within 14 days by confirming the order or sending the goods.
3. Documents provided
We reserve the ownership and copyright of all documents provided to the customer in connection with placing an order, such as calculations, drawings, etc. These documents may not be made available to third parties without our consent. If no contract is concluded, these documents must be returned to us immediately.
4. Prices and payments
(1) Unless otherwise agreed in writing, our prices for self-delivery are valid ex works. If delivery is made at the buyer's request, the buyer shall bear the incurred delivery costs.
(2) All payments must be made within 14 days of receipt of invoice.
5. Terms of delivery and service
(1) The services to be provided by us shall be specified when the order is placed.
(2) Unless otherwise agreed, the goods shall be collected by the purchaser.
(3) Information on the delivery date is not binding, unless in exceptional cases the delivery date is confirmed in a binding manner.
(4) Partial services and partial deliveries are permitted within reasonable limits. However, we are not obliged to make partial deliveries.
(5) The delivery date shall be extended accordingly - even in case of delay - in the event of force majeure and all unforeseeable obstacles arising after the conclusion of the contract for which we are not liable (in particular work failures, strikes or disruption of transportation routes), provided that such obstacles can be proven, the intended performance or delivery has a significant impact. This also applies if such circumstances arise with our original supplier, subcontractor or sub-subcontractor. We will notify the start and end of such obstacles as soon as possible. The purchaser may request a statement from us as to whether we wish to withdraw or deliver the goods within a reasonable period of time. If we do not immediately explain ourselves, the buyer may refuse.
6. Compensation, retention
The buyer is only entitled to set-off if its counterclaims are legally justified or undisputed. The right of retention can only be exercised if the counterclaim is based on the same contractual relationship.
7. Authorizations
The customer shall obtain all permits and approvals of public law and submit them to us prior to the execution of the order. If the necessary authorizations are missing, we shall be entitled to withdraw from the contract and demand compensation for non-performance. If the fulfillment of the order becomes impossible due to the withdrawal of the authorization, we shall be entitled to withdraw from the contract and demand reimbursement of our costs. Waiting times and interruptions at the construction site, for which we are not responsible and which were not foreseeable and planned, will be billed to the customer separately.
8. Warranty claims and notices of defects.
(1) If the customer is not a consumer, defects must be notified to us in writing immediately after becoming aware of them or after completion of the service. Latent defects must be notified to us in writing immediately after discovery. Otherwise our service shall be deemed approved.
(2) The customer must give us the opportunity to inspect the defect. In the event of a justified complaint of defects, we shall be entitled to replace or repair the goods at a reduced cost.
(3) The statutory limitation periods shall apply in this respect.
(4) The following rule in clause 8 shall apply to claims for damages.
9. Liability for damages
Our liability for damages shall be limited to foreseeable damage typical of the contract. This limitation of liability shall not apply to our liability caused by willful conduct or gross negligence, as well as damage to life, body, health or other mandatory laws, in particular the Product Liability Act.
10. Retention of title
All goods delivered by us shall remain our property until full payment is made by the customer. The latter may sell or process the goods purchased with retention of title in the ordinary course of business. To this end, he assigns to us all resulting claims against third parties. The contract shall expire upon payment by the customer.
11. place of jurisdiction - place of performance
(1) Unless otherwise agreed in writing, the place of performance shall be Koethen (Anhalt), Saxony-Anhalt.
(2) The contract shall be governed by German law; the UN Convention on Contracts for the International Sale of Goods has been repealed.
(12) Severability clause
If individual contractual provisions or these general terms and conditions are or become wholly or partially ineffective, this shall not affect the validity of the remaining provisions. A wholly or partially ineffective regulation shall be replaced by a regulation whose economic success is as close as possible to the economic success of the ineffective one.