AGBs

General Conditions of Purchase of ERS EuRope-Systems GmbH

Stand 21.06.2018

§ 1 Scope, Form

1.  These General Terms and Conditions of Purchase (AEB) apply to all business relationships with our business partners and suppliers (“Sellers”). The AEB only apply if the seller is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.

2. The GTCP apply in particular to contracts for the sale and / or delivery of goods (“goods”), regardless of whether the seller manufactures the goods himself or buys them from suppliers (§§ 433, 651 BGB). Unless otherwise agreed, the GPC shall apply in the version valid at the time of the order of the buyer or at least in the version communicated to him in text form as a framework agreement even for similar future contracts, without us having to refer to them again in each individual case.

3. These GTP apply exclusively. Divergent, conflicting or supplementary terms and conditions of the seller shall only become part of the contract if and insofar as we have expressly agreed to their validity in writing. This approval requirement applies in any case, for example, even if we accept the deliveries without reservation in knowledge of the general terms and conditions of the seller.

4. In individual cases, individual agreements with the seller (including ancillary agreements, additions and changes) have priority over these GPC. For the content of such agreements, subject to the contrary evidence, a written contract or our written confirmation shall prevail.

5. Legally relevant statements and advertisements of the seller regarding the contract (eg setting of a deadline, reminder, withdrawal) are in writing, i. in written or textual form (eg letter, e-mail, fax). Statutory form regulations and further proof, in particular in case of doubt about the legitimacy of the declarant remain unaffected.

6. References to the validity of statutory provisions are only of clarifying significance. Even without such clarification, the statutory provisions therefore apply unless they are directly amended or expressly excluded in these GPC.

§ 2 Conclusion

1. Our order is binding at the earliest with written delivery or confirmation. For obvious errors (such as typing and miscalculation) and incompleteness of the order, including the order documents, the seller must notify us for acceptance or correction prior to acceptance; otherwise the contract is considered not closed.

2.  The seller is obliged to confirm our order in writing within a period of two weeks or in particular to carry it out unreservedly by sending the goods (acceptance).

A late acceptance is considered a new offer and requires acceptance by us.

§ 3 Delivery time and delivery delay


1. The delivery time specified by us in the order is binding. If the delivery time is not specified in the order and has not been agreed otherwise, it is two weeks from the conclusion of the contract. The seller is obligated to inform us immediately in writing if he is not able to comply with agreed delivery times – for whatever reason

2.  If the seller does not deliver his service or does not do so within the agreed delivery time or if he is in default, our rights – in particular to withdrawal and damages – are determined by the statutory provisions. The regulations in paragraph 3 remain unaffected.

3. If the seller is in default, we can – in addition to further legal claims – a flat-rate replacement of our delay damage i.H.v. 0.3% of the net price per working day, but not more than 5% of the net price of the goods delivered late. We reserve the proof that a higher damage has occurred. The seller reserves the right to prove that no or only a significantly lower damage has occurred.


§ 4 Performance, delivery, transfer of risk, default of acceptance

1. The seller is not entitled, without our prior written consent, to have the service owed by him performed by third parties (such as subcontractors). The seller bears the procurement risk for his services, unless otherwise agreed in an individual case (for example, limitation to stock).

2. The delivery takes place within Germany “free house” at the place specified in the order. If the destination has not been specified and nothing else has been agreed, the delivery must be made to our registered office in Lorsch. The respective place of destination is also the place of performance for the delivery and any subsequent performance (delivery debt).

3. The delivery must be accompanied by a delivery note specifying the date (issue and shipping), content of the delivery (item number and number) and our order code (date and number). If the delivery note is missing or incomplete, we are not responsible for the resulting delays in processing and payment. Separate from the delivery note, we have to send you a corresponding shipping notice with the same content.

4. The risk of accidental loss and accidental deterioration of the thing passes to us at the place of performance on delivery. Insofar as an acceptance has been agreed, this is decisive for the transfer of risk. Incidentally, the statutory provisions of the contract of employment law apply accordingly in the event of acceptance. The transfer or acceptance is the same if we are in default of acceptance.

5.  For the entrance of our acceptance delay the legal regulations apply. However, the seller must explicitly offer us his services even if a specific or determinable calendar time has been agreed for an action or participation on our part (for example, provision of material). If we are in default of acceptance, then the seller may demand compensation of his additional expenses in accordance with the statutory provisions (§ 304 BGB). If the contract relates to an unacceptable item to be produced by the seller (one-off production), the seller is entitled to further rights only if we are obliged to cooperate and are responsible for the failure to cooperate.

§ 5 Prices and terms of payment

1.  The price stated in the order is binding. All prices include statutory VAT, unless otherwise stated.

2.  Unless otherwise agreed in individual cases, the price includes all services and ancillary services of the Seller (such as installation, installation) and all incidental costs (for example, proper packaging, transport costs including any transport and liability insurance).

3.  The agreed price is due for payment within 30 calendar days of complete delivery and performance (including any agreed acceptance) and receipt of a proper invoice. If we make payment within 14 calendar days, the seller grants us 3% discount on the gross amount of the invoice. In the case of bank transfer, the payment is made on time if our transfer order is received by our bank before the expiration of the payment period; We are not responsible for delays by the banks involved in the payment transaction.

4. We do not owe any maturity interest. The statutory provisions apply to default of payment.

5.  Rights of set-off and retention as well as the plea of ​​the non-fulfilled contract are entitled to us to the legal extent. In particular, we are entitled to withhold payments due as long as we still have claims from incomplete or defective services against the seller.

6.  The seller has a set-off or retention right only because of legally established or undisputed counterclaims.

§ 6 Confidentiality and retention of title

1.  We reserve the rights of ownership and copyrights to illustrations, plans, drawings, calculations, execution instructions, product descriptions and other documents. Such documents are to be used exclusively for the contractual service and to be returned to us after completion of the contract. The documents must be kept secret to third parties, even after the contract has ended. The secrecy obligation shall only expire if and insofar as the knowledge contained in the provided documents has become generally known.

2. The above provision shall apply mutatis mutandis to materials and materials (such as software, finished and semi-finished products) as well as to tools, templates, samples and other items that we provide to the seller for manufacture. Such items shall be kept separate at the expense of the seller and adequately insured against destruction and loss unless they are processed.

3. A processing, mixing or connection (further processing) of provided objects by the seller is made for us. The same applies to further processing of the delivered goods by us, so that we are considered to be the manufacturer and acquire ownership of the product at the latest with further processing in accordance with statutory provisions.

4. The transfer of the goods to us must be unconditionally and without consideration for the payment of the price. If, however, in individual cases we accept a conditional sale of the seller due to the purchase price payment, the retention of title of the seller expires at the latest upon payment of the purchase price for the delivered goods. In the ordinary course of business, we remain authorized to resell the goods prior to payment of the purchase price, subject to the advance assignment of the resulting claim (in the alternative, the validity of the simple retention of title extended to resale). In any case, this excludes all other forms of retention of title, in particular extended, retention of title and extended retention of title to further processing.

§ 7 Defective delivery

1. For our rights in case of material and legal defects of the goods (including wrong and short delivery as well as improper installation, faulty assembly, operating or operating instructions) and other breaches of duty by the seller, the statutory provisions, unless otherwise stated below.

2. In accordance with the statutory provisions, the seller is liable in particular for ensuring that the goods have the agreed quality upon transfer of risk to us. In any case, the terms of agreement are those product descriptions which are the subject of the respective contract or are included in the contract in the same way as these GTCs, in particular by designation or reference in our order. It makes no difference whether the product description comes from us, the seller or the manufacturer.

3. Deviating from § 442 Abs. 1 S. 2 BGB we are entitled to claims without limitation even if the defect at the conclusion of the contract as a result of gross negligence remained unknown.

4. The statutory provisions (§§ 377, 381 HGB) apply to commercial duty to inspect and to give notice of defects, subject to the following proviso: Our duty of inspection is limited to defects which openly become visible during our incoming goods inspection under external inspection including the delivery documents (eg transport damage, Wrong or short delivery) or in our quality control in the sampling procedure are recognizable. Insofar as acceptance has been agreed, there is no duty to investigate. Moreover, it depends on the extent to which an investigation, taking into account the circumstances of the individual case in the ordinary course of business, is feasible. Our obligation to complain about defects discovered later remains unaffected. Notwithstanding our obligation to inspect, our complaint (notice of defect) shall in any case be deemed prompt and timely if it is sent within eight working days from discovery or, in the case of obvious defects, from delivery.

5. Subsequent performance also includes the removal of defective goods and reinstallation, provided that the goods have been incorporated into another object for their intended purpose. The costs incurred by the seller for the purpose of testing and supplementary performance (including possible removal and installation costs) shall be borne by the seller even if it turns out that there was actually no defect. Our liability for damages in case of unjustified removal of defects remains unaffected; however, we are liable only if we have recognized or grossly negligent did not recognize that there was no defect.

6. If the seller does not comply with his obligation to subsequent performance – at our discretion by rectifying the defect (rectification) or by delivering a defect-free product (replacement) – within a reasonable period set by us, we can remedy the defect ourselves and by Seller demand compensation for the necessary expenses or a corresponding advance. If the supplementary performance by the seller has failed or is unreasonable for us (for example due to special urgency, endangerment of operational safety or imminent occurrence of disproportionate damage), no deadline is required; From such circumstances, we will inform the seller immediately, if possible beforehand.

7. In addition, we are entitled to a material or legal defect according to the statutory provisions to reduce the purchase price or to withdraw from the contract. In addition, we are entitled to damages and reimbursement of expenses according to the legal regulations.

§ 8 Supplier recovery

1. Our statutory claims for recourse within a supply chain (supplier recourse in accordance with §§ 478, 479 BGB) are in addition to the claims for defects without limitation. In particular, we are entitled to demand exactly the type of supplementary performance (repair or replacement) from the seller, which we owe to our buyer in individual cases. Our legal option (§ 439 Abs. 1 BGB) is not limited by this.

2. Before we acknowledge or fulfill a defect claim asserted by our customer (including reimbursement of expenses according to §§ 478 Abs. 2, 439 Abs. 2 BGB), we will inform the seller and ask for a written statement with a brief statement of the facts. If the opinion is not delivered within a reasonable period of time and if no mutually agreed solution is brought about, the deficiency claim actually granted by us shall be deemed due to our customer; The seller is responsible in this case, the counter-proof.

3. Our supplier recourse claims shall apply even if the goods have been sold by us or one of our customers, e.g. by incorporation into another product, was further processed.

§ 9 Producer liability

1. If the seller is responsible for a product damage, he has to indemnify us in this respect from claims of third parties, as the cause is set in his domination and organization and he is liable in the external relationship itself.

2. In the context of his indemnity obligation, the seller has expenses gem. §§ 683, 670 BGB, which result from or in connection with a claim of third parties, including recalls carried out by us. We will inform the seller – as far as possible and reasonable – about the content and extent of recall measures and give him the opportunity to comment. Further statutory claims remain unaffected.

3. The seller must take out and maintain product liability insurance with a flat-rate coverage of at least EUR 10 million per personal injury / property damage.

§ 10 Limitation

1. The reciprocal claims of the contracting parties expire in accordance with the statutory provisions, unless otherwise stated below.

2. Notwithstanding § 438 (1) no. 3 BGB, the general limitation period for claims for defects is 3 years from the passing of risk. Insofar as acceptance has been agreed, the period of limitation begins with the acceptance. Accordingly, the 3-year limitation period also applies to claims arising from defects in title, whereby the statutory limitation period for claims in rem for third parties (section 438 (1) no. 1 BGB) remains unaffected; In any case, claims arising from defects of title shall in no case become statute-barred as long as the third party can still assert the right against us, in particular due to a limitation period.

3. The periods of limitation of the purchase right including the above extension apply – to the legal extent – for all contractual claims for defects. Insofar as we are entitled to non-contractual claims for damages due to a defect, the statutory limitation period applies (§§ 195, 199 BGB) if the application of the limitation periods of the purchase right in individual cases does not lead to a longer limitation period.

§ 11 Notes on data processing

1. The provider collects data from the customer as part of the processing of contracts. He pays particular attention to the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider will only collect, process or use the customer’s inventory and usage data, insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.

2. Without the consent of the customer, the provider will not use the customer’s data for advertising, market or opinion research purposes.

§ 12 Choice of law and jurisdiction

1. For this GCP and the contractual relationship between us and the seller, the law of the Federal Republic of Germany applies to the exclusion of international uniform law, in particular the UN Sales Convention.

2. If the seller is a merchant i.S.d. German Commercial Code, a legal entity under public law or a special fund under public law, is the exclusive place of jurisdiction for all disputes arising from the contractual relationship – also international – our place of business in Lorsch The same applies if the buyer is an entrepreneur i.S.v. § 14 BGB is. However, in all cases, we are also entitled to bring an action at the place of performance of the delivery obligation in accordance with these GTCP or a priority individual agreement or at the general place of jurisdiction of the seller. Priority laws, especially exclusive jurisdictions, remain unaffected.

Stand 21.06.2018

General Conditions of Sale of ERS EuRope-Systems GmbH

Stand 21.06.2018

§ 1 Scope, form

1. These General Terms and Conditions of Sale (GTC) apply to all our business relationships with our customers (“Buyers”). The GTC apply only if the buyer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.

2. The GTC apply in particular to contracts for the sale and / or delivery of goods (“goods”), regardless of whether we manufacture the goods ourselves or purchase from suppliers (§§ 433, 651 BGB). Unless otherwise agreed, the general terms and conditions in the version valid at the time of the buyer’s order or at least in the version communicated to him in text form as a framework agreement also apply to similar future contracts, without us having to refer to them again in each individual case.

3. Our AVB apply exclusively. Deviating, conflicting or supplementary terms and conditions of the buyer shall only become part of the contract if and insofar as we have expressly consented to their validity. This approval requirement applies in any case, for example, even if we carry out the delivery to him unconditionally with knowledge of the terms and conditions of the buyer.

4. Individual agreements made with the buyer in individual cases (including side agreements, additions and changes) shall in any case take precedence over these GTC. For the content of such agreements, subject to the contrary evidence, a written contract or our written confirmation shall prevail.

5. Legally relevant declarations and advertisements of the buyer regarding the contract (eg setting of a deadline, notification of a defect, withdrawal or reduction) are in writing, i. in written or textual form (eg letter, e-mail, fax). Statutory form regulations and further proof, in particular in case of doubt about the legitimacy of the declarant remain unaffected.

6. References to the validity of statutory provisions are only of clarifying significance. Even without such clarification, the statutory provisions therefore apply unless they are directly amended or expressly excluded in these GTC.

§ 2 Conclusion

1. Our offers are non-binding. This also applies if we have provided the buyer with catalogs, technical documentation (eg drawings, plans, calculations, calculations, references to DIN standards), other product descriptions or documents – including in electronic form – in which we own property rights and copyrights Reserved.

2. The order of the goods by the buyer is considered a binding contract offer. Unless otherwise stated in the order, we are entitled to accept this contract offer within seven days of its receipt.

3. Acceptance may be declared either in writing (for example, by order confirmation) or by delivering the goods to the buyer.

§ 3 Delivery time and delivery delay

1. The delivery period is agreed individually or specified by us when accepting the order. If this is not the case, the delivery period is twelve weeks from the conclusion of the contract.

2. If we can not comply with binding delivery deadlines for reasons for which we are not responsible (unavailability of the service), we will inform the buyer without delay and at the same time notify the expected new delivery deadline. If the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; We will reimburse immediately any consideration already provided by the buyer. As a case of non-availability of the service in this sense, in particular the non-timely self-delivery by our supplier, if we have a congruent hedging transaction, neither we nor our suppliers are at fault or we are not obliged to procure in individual cases.

3. The occurrence of our default in delivery is determined by the statutory provisions. In any case, a reminder from the buyer is required. If we fall into delay of delivery, then the buyer can demand flat-rate replacement of its delay damage. The lump sum for each completed calendar week of default amounts to 0.5% of the net price (delivery value), but in total not more than 5% of the delivery value of the goods delivered late. We reserve the proof that the buyer has incurred no damage or only a much lower damage than the above flat rate.

4.  The rights of the buyer acc. § 8 of these GTS and our statutory rights, in particular in the case of an exclusion of the obligation to perform (for example due to impossibility or unreasonableness of the service and / or subsequent performance), remain unaffected.

§ 4 Delivery, transfer of risk, acceptance, acceptance delay

1. Delivery is ex warehouse, where the place of performance for the delivery and any subsequent performance is. At the request and expense of the buyer, the goods will be shipped to another destination (consignment purchase). Unless otherwise agreed, we are entitled to determine the nature of the shipment (in particular transport company, shipping route, packaging).

2. The risk of accidental loss and accidental deterioration of the goods shall pass to the buyer at the latest upon transfer. However, in the case of consignment purchase, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the forwarder, the carrier or the person or institution otherwise responsible for carrying out the consignment. Insofar as an acceptance has been agreed, this is decisive for the transfer of risk. In addition, the statutory provisions of the contract of employment law apply accordingly to an agreed acceptance. The transfer or acceptance is the same if the buyer is in default of acceptance.

3. If the buyer is in default of acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the buyer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (for example storage costs). For this we charge a flat-rate compensation of 0.5% of the net purchase price of the goods not accepted per calendar week, but not more than a maximum of 5% of the net purchase price of the goods not accepted, starting with the delivery date or – in the absence of a delivery period – with the notification of readiness for shipment of the goods.

Proof of higher damages and our legal claims (in particular compensation for additional expenditure, reasonable compensation, termination) remain unaffected; the lump sum but is to be credited to more extensive money claims. The buyer is entitled to prove that we have incurred no or only a significantly lower damage than the above flat rate.

§ 5 Prices and terms of payment

1. Unless otherwise agreed in individual cases, our current prices at the time of the conclusion of the contract shall apply, ex warehouse, plus statutory value added tax.

2. Unless otherwise agreed, the purchaser bears the transport costs ex warehouse and the costs of any transport insurance requested by the purchaser in the case of a sale by dispatch (§ 4 (1)). If we do not charge for the actual transport costs incurred in individual cases, a transport charge will apply (excluding transport insurance) i.H.v. EUR 50, – as agreed. Any duties, fees, taxes and other public charges shall be borne by the buyer.

3. The purchase price is due and payable within 30 days of invoicing and delivery or acceptance of the goods. However, we are entitled at any time, even in the context of an ongoing business relationship, to carry out a delivery in whole or in part only in advance. We declare a corresponding reservation at the latest with the order confirmation.

4. Upon expiry of the above payment period, the buyer is in default. The purchase price is subject to interest during the default at the applicable statutory default interest rate. We reserve the right to assert further damages caused by delay. For merchants our claim to the commercial maturity interest (§ 353 HGB) remains unaffected.

5. The buyer is entitled to set-off or retention rights only insofar as his claim is legally established or undisputed. In the case of defects in the delivery, the counterclaims of the purchaser shall remain in accordance with. § 7 para. 6 sentence 2 of these GTC.

6. If after conclusion of the contract recognizable (eg by application for opening insolvency proceedings) that our claim to the purchase price is jeopardized by lack of performance of the buyer, we are in accordance with the statutory provisions for refusal and – if necessary after deadline – to withdraw from Contract is entitled (§ 321 BGB). In contracts for the production of unacceptable items (custom-made), we can declare the resignation immediately; the statutory provisions on the dispensability of the deadline remain unaffected.

§ 6 Retention of title

1. We reserve ownership of the goods sold until full payment of all our current and future claims under the purchase agreement and an ongoing business relationship (secured claims).

2. The goods subject to retention of title shall not be pledged to third parties or transferred as collateral prior to complete payment of the secured claims. The buyer must notify us immediately in writing if an application for the opening of insolvency proceedings is made or if third party access (eg seizure) takes place on the goods belonging to us.

3. In case of breach of contract by the buyer, in particular in case of non-payment of the due purchase price, we are entitled to withdraw from the contract in accordance with the statutory provisions and / or to demand the goods on the basis of the retention of title. The request for publication does not at the same time include the explanation of the resignation; we are rather entitled to demand only the goods and to reserve the right of withdrawal. If the buyer does not pay the due purchase price, we may only assert these rights if we have unsuccessfully given the buyer a reasonable period for payment or if such a deadline is dispensable in accordance with the statutory provisions.

4. The buyer is authorized until further notice according to below (c) to resell and / or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions additionally apply.

(a) Retention of title extends to the full value of products resulting from the processing, mixing or combination of our goods, and we shall be deemed to be the manufacturer. If the property rights remain with processing, mixing or combination with goods of third parties, we acquire co-ownership in proportion of the invoice values ​​of the processed, mixed or connected goods. In addition, the same applies to the resulting product as to the goods delivered under reservation of title.

(b) The purchaser hereby assigns to us the claims against third parties resulting from the resale of the goods or the product as security in total or in the amount of our possible co-ownership share in accordance with the preceding paragraph. We accept the assignment. The obligations of the buyer mentioned in paragraph 2 also apply with regard to the assigned claims.

(c) To collect the claim, the buyer remains authorized in addition to us. We undertake not to collect the claim, as long as the buyer meets his payment obligations to us, there is no defect of his capacity and we do not exercise the right of retention by exercising a right according to Art. Paragraph 3. If this is the case, we can demand that the buyer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the related documents and notifies the debtors (third parties) of the assignment. In addition, in this case, we are entitled to revoke the purchaser’s authority to resell and process the goods subject to retention of title.

(d) If the realizable value of the securities exceeds our claims by more than 10%, we shall, at the request of the buyer, release securities of our choice.

§ 7 Warranty claims of the buyer

1. For the rights of the buyer in case of material and legal defects (including wrong and short delivery as well as improper installation or faulty assembly instructions), the statutory provisions, unless otherwise stated below. In all cases, the statutory special provisions remain unaffected on final delivery of the goods to a consumer (supplier recourse in accordance with §§ 478, 479 BGB).

2. The basis of our liability for defects is above all the agreement made about the condition of the goods. As an agreement on the condition of the goods, all product descriptions which are the subject of the individual contract or have been made public by us (in particular in catalogs or on our Internet homepage) shall apply.

In particular, there is no shortage

if a separate length of at least 5 cm from the RopeFix does not protrude if the ropes are separated / shortened by the purchaser, which ensures the load capacity;

if ropes or suspension components from other manufacturers are used: the stated strength values ​​only apply to combinations with ERS products. When using products from other manufacturers, a load guarantee can only be made with prior checking in our house;

when mechanics are opened and manipulated at other product components;

if the RopeFix clamping mechanisms are not used with the rope diameters specified for this purpose and specified in the designation of the series;

if the customer should use self-made rope fasteners, such as loops or ferrules crimped with a pair of pliers.

3. Insofar as the condition has not been agreed, it must be judged according to the legal regulation whether or not there is a defect (§ 434 (1) p. 2 and 3 BGB). However, we do not assume any liability for public statements made by the manufacturer or other third parties (for example, advertising statements).

4. The claims of the buyer for defects presuppose that he has complied with his statutory inspection and complaint obligations (§§ 377, 381 HGB). If there is a defect at the time of delivery, the examination or at any later time, we must be notified immediately in writing. In any case, obvious defects must be reported in writing within eight working days from the date of delivery and any defects that can not be identified during the investigation within the same period from discovery. If the buyer fails to properly examine and / or report a defect, our liability for the defect that is not or is not notified in a timely or improper manner is excluded under statutory provisions.

5. If the delivered item is defective, we can first choose whether we provide supplementary performance by rectification of the defect (rectification) or by delivery of a defect-free item (replacement). Our right to refuse supplementary performance under statutory conditions remains unaffected.

6. We are entitled to make the subsequent performance owed dependent on the buyer paying the due purchase price. The buyer is, however, entitled to retain a portion of the purchase price which is reasonable in relation to the defect.

7. The buyer must give us the time and opportunity required for the owed supplementary performance, in particular to hand over the rejected goods for examination purposes. In case of replacement, the buyer has to return the defective item according to the legal regulations. The supplementary performance does not include the removal of the defective item or the reinstallation, if we were originally not obliged to install it.

8. We bear the expenses required for the purpose of testing and supplementary performance, in particular transport, travel, labor and material costs (not: removal and installation costs), if a defect actually exists. Otherwise, we may demand compensation from the buyer for the costs arising from the unjustified defect removal request (in particular inspection and transport costs), unless the lack of defect was not apparent to the buyer.

9. In urgent cases, e.g. in case of endangerment of operational safety or to avoid disproportionate damage, the buyer has the right to remedy the defect himself and to demand compensation from us for the objectively necessary expenses. We are to be informed immediately of such self-assertion, if possible beforehand. The right to self-assertion does not exist if we were entitled to refuse a corresponding supplementary performance according to the statutory provisions.

10. If the supplementary performance has failed or a reasonable period to be set by the Buyer for the supplementary performance has expired unsuccessfully or is dispensable in accordance with the statutory provisions, the Buyer may withdraw from the purchase contract or reduce the purchase price. In a minor defect, however, there is no right of withdrawal.

11. Claims of the buyer for damages or compensation for futile expenses exist even in case of defects only in accordance with § 8 and are otherwise excluded.

§ 8 Other liability

1. Insofar as these GTC, including the following provisions, do not stipulate otherwise, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with statutory provisions.

2. For damages, we are liable – for whatever legal reason – in the context of fault liability in cases of intent and gross negligence. In the case of ordinary negligence, we are liable only subject to a milder standard of liability according to legal regulations (for example, for care in your own affairs)

a) for damage resulting from injury to life, limb or health,

b) for damages resulting from the material breach of a material contractual obligation (obligation the fulfillment of which makes the proper execution of the contract possible and the compliance with which the contractual partner regularly relies and can rely on); however, in this case, our liability is limited to compensation for foreseeable, typically occurring damage.

3. The liability limitations resulting from paragraph 2 also apply to breaches of duty by or for the benefit of persons whose fault we are responsible for under statutory provisions. They do not apply if we fraudulently concealed a defect or assumed a guarantee for the quality of the goods and for claims of the buyer under the Product Liability Act.

4. Due to a breach of duty that does not exist in a defect, the buyer can only resign or terminate if we are responsible for the breach of duty. A free right of termination of the buyer (in particular according to §§ 651, 649 BGB) is excluded. Incidentally, the legal requirements and legal consequences apply.

§ 9 limitation

1. Notwithstanding § 438 para. 1 no. 3 BGB, the general limitation period for claims arising from material and legal defects is one year from the date of delivery. Insofar as acceptance has been agreed, the period of limitation begins with the acceptance.

2. If, however, the goods are a construction or a thing that has been used in accordance with their normal use for a building and has caused its defectiveness (building material), the limitation period is 5 years from the date of delivery (§ 438 Para. 1 no. 2 BGB). Further statutory special regulations regarding the statute of limitations remain unaffected (in particular, § 438 para. 1 no. 1, para. 3, §§ 444, 479 BGB).

3. The above limitation periods of the purchase right also apply to contractual and non-contractual claims for damages of the buyer, based on a defect of the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead in individual cases to a shorter prescription , Claims for damages of the buyer acc. However, § 8 para. 2 sentence 1 and sentence 2 (a) as well as according to the product liability law are subject to limitation only according to the statutory limitation periods.

§ 10 Notes on data processing

1. The provider collects data from the customer as part of the processing of contracts. He pays particular attention to the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider will only collect, process or use the customer’s inventory and usage data, insofar as this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.

2. Without the consent of the customer, the provider will not use the customer’s data for advertising, market or opinion research purposes.

§ 11 Choice of law and jurisdiction

1. For these GTC and the contractual relationship between us and the buyer, the law of the Federal Republic of Germany applies to the exclusion of international uniform law, in particular the UN Sales Convention.

2. If the buyer is a merchant i.S.d. Commercial Code, legal entity of public law or a special fund under public law, is exclusive – also international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship – our place of business in Lorsch. The same applies if the buyer is an entrepreneur i.S.v. § 14 BGB is. However, in all cases, we are also entitled to file a claim at the place of performance of the delivery obligation in accordance with these GTS or a priority individual agreement or at the general place of jurisdiction of the buyer. Priority laws, especially exclusive jurisdictions, remain unaffected.

Stand 21.06.2018

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