Terms and Conditions
§ 1 Validity of the terms
The deliveries, services and offers of H.O.F. Alutec Metallverarbeitungs GmbH & Co KG (called H.O.F. Alutec.) take place exclusively on the basis of these terms and conditions. Counter-confirmations of the customer with reference to his business or purchasing conditions is hereby rejected.
§ 2 Offer and conclusion of contract
1. Offers included in offers, brochures, ads, etc. are - both in terms of pricing - non-binding and non-binding. Alutec are trades and other agreements - especially where they the conditions of H.O.F. Alutec differ from - only by written confirmation by H.O.F. Alutec binding.
2. Intermediate sale reserve H.O.F. Alutec. generally.
3. Minor editorial, changes, additions, and/or other deviations from these conditions are only valid if the extent H.O.F. Alutec has declared the agreement. Such agreements shall be in writing.
4. Information in offer and / or order confirmations of H.O.F. Alutec based namely a writing or calculation errors, on an obvious error, not commit ourselves. Rather, the obviously intended statement applies.
5. The offer documents, drawings, descriptions, samples and quotes may without the permission of H.O.F. Alutec not propagated, published, reproduced or otherwise made available as third party. On request the documents shall without returning retention of copies.
6. Orders after H.O.F. Alutec run passed drawings, sketches or other information in patentmuster-and brand law terms at the risk of the customer. If interventions in foreign industrial property rights are committed also by the execution of such orders, the each H.O.F. Alutec this purchaser resulting damage.
§ 3 Prices, price changes
1. The prices are - so far not differently agreed or advertised - in euro including tax valid at the respective time of performance ex works.
2. The prices are without packaging and freight costs, insofar as they relate to a proportionate to the object of delivery.
3. Where there are more than six months between conclusion of contract and agreed and / or actual delivery date, apply the prices valid at the time of delivery or deployment. As far as it the customer a consumer sense is BGB § 13, be pointed out that the criteria for an increase are increased wage and transport costs and price increases on the part of the supplier. These demonstrate the customer on request. To increase the price by 5 % or more, the customer is entitled to terminate this agreement with a notice period of one month to the price increase in its capacity as a consumer.
§ 4 Leadtimes
1.with the dispatch of the order confirmation, but not before submission documents to be procured by the customer, drawings, plans, models, permits, approvals, as well as a possibly agreed down payment.
2. Delivery times are approximate and subject to correct and timely self-delivery.
3. The delivery or service on the basis of a circumstance, the H.O.F. Alutec, its legal representatives or vicarious agents responsible for having, delayed the liability is carried out according to legal regulations. For slight negligence, the liability to the foreseeable typical damage is limited. This principle applies particularly to force majeure, strike, lock-out, official orders, and so on, even if these obstacles at suppliers or their sub-suppliers. The length of a grace period for translation by the purchaser in the event of delay according to the statutory provisions is set to two weeks, which starts with receipt of the grace period.
§ 5 Delivery and transfer of risk
1. The risk is transferred to the customer as soon as the shipment to the person performing the transport is transferred or leave the work for shipping. Delivery at the request of the purchaser is delayed or not running, the risk with the notification of the readiness for dispatch on him over.
2. Only on the written statement of the customer deliveries in his name and for his account are insured.
3. In the event of a late adoption for reasons not by H.O.F. Alutec is entitled to make storage or insurance at the expense of the Orderer H.O.F. Alutec.
§ 6 Warranty claims
1. The performance rendered by H.O.F. Alutec or the delivery item is defective, may be discretion of H.O.F. Alutec replacement delivered or eliminated the defect. Multiple repairs - usually two - are allowed within a reasonable period of time.
2. Unless second-hand goods, the period of limitation for damage claims due to defects, irrespective, is six months for other claims and rights because of defects a year. As far as a new thing is delivered, the limitation period for claims for damages due to defects, irrespective, is one year. The foregoing limitation shall apply with the following conditions:
a. the limitation periods are generally not in the case of intent.
b. The periods of limitation not apply in addition even if the seller has fraudulently concealed the defect.
c. the mentioned periods of limitation I apply also in the cases of § 438 No. 2 German civil code and section 634a I Nr. 2 BGB. d. the limitation periods apply also to claims for damages not in the cases of injury of life, body or health or freedom, for claims under the product liability Act, a grossly negligent breach of duty or culpable violation of essential contractual obligations. As far as spoken in this provision of claims also claims for reimbursement of futile expenditures are recorded.
3. Obvious defects in work performance may be enforced not more after removal. Otherwise, such shortcomings H.O.F. Alutec. are immediately writing within of two weeks after delivery for the purpose of maintenance of deficiency claims of the ordering party. The defective items are in the State in which they find themselves at the time of the defect, to keep available for inspection by H.O.F. Alutec.
4. Minor, reasonable deviations in the dimensions and types - especially for repeat orders - not authorize complaints, it be because that absolute compliance with has been expressly agreed. Technical improvements, as well as the necessary technical amendments are also contract, insofar as they represent no degradation of performance.
5. So any warranty are operating or maintenance instructions of the manufacturer not observed, changes made to the products, parts are replaced or used materials that significantly match not the original special, shall be voided, if the purchaser not refuted a similarly substantierte claim that only one of these circumstances has brought the lack. This does not apply in the event of purchase of consumer goods.
6. Liability for normal wear and tear is excluded.
7. Claims for defects of the customer are primarily on a subsequent performance claim, i.e. rectification or replacement delivery claim limited. If the customer is not a consumer, the right to vote to the repair or replacement has H.O.F. Alutec. In case of failure of repair or replacement delivery, the customer can demand reduction or withdraw from the contract. The repair failed, if and to the extent a H.O.F. Alutec to subsequent performance. deadline without result has elapsed. The conditions for the exercise of the right of withdrawal be determined by § 323 BGB.
Used items to the exclusion of any warranty provided 5.8. companies.
8. Alutec is H.O.F. the purchaser of the legal obligations beyond the exchange of information regarding the use of the product available so Alutec H.O.F. pursuant to §7 only liable, if a special fee has been agreed for this purpose.
§ 7 Limitation of liability
Compensation claims at the same time based on the breach of a contractual obligation of main performance by H.O.F. Alutec, breach, fault in contract and in tort, are excluded against h.o.f. Alutec as well as against their employees or other vicarious agents, insofar as the damage was caused not deliberately or through gross negligence. This does not apply to claims for damages from lack of the contractually presupposed suitability, which should protect the purchaser against the risk of consequential damage. Claims for damages under the law on liability for defective products (PrdHG) affect as well as liability for damage to life, body or health.
§ 8 Retention of title
1. Until to meet all demands, the H.O.F.. stand to Alutec for any legal reason against the customer, the ownership of the delivered objects before (reserved goods) reserves H.O.F. Alutec..
2. The customer is obliged to display case of seizures of the reserved goods H.O.F. Alutec. promptly in writing and to teach the lien-holders of the reservation of ownership. The customer is not entitled to sell the goods under retention of title delivered to him - except in the cases of the following digits-, to give away, pledge or to security.
3. For an operation maintained by the purchaser supplied the goods within the framework of a proper management may be sold further. In this case, the claims of the customer against the customer from the sale are already ceded to H.O.F. Alutec. In resale of items on credit the buyer has against his customer to reserve the property in turn. The customer hereby on h.o.f. Alutec the rights and claims of this retention of title compared to his customer.
4. Any working or processing of the reserved goods by the purchaser carries out free of charge this for H.O.F. Alutec. When processing, combination, mixing or blending of the reserved goods with other not H.O.F. Alutec belonging goods is H.O.F. Alutec which thereby resulting co-ownership of the new product in proportion of the value of the factors of the Vorbehaltsge-sions to the other processed goods at the time of processing, combination, mixing or blending. to. The customer acquires sole of a new thing, so the Contracting Parties are agreed that the ordering party H.O.F. Alutec compared the value of factor of the processed or combined, mixed or blended reserved goods grant co-ownership of the new item and shall keep them for the supplier. Be and indeed equal, whether without or after processing, combination, mixing or blending further sold the advance assignment agreed in paragraph 3 only in the amount of factor value of the reserved goods which are further been sold together with other goods shall be above the reserved goods together with other goods.
5. Be reserved items installed by the purchaser or on whose behalf as essential components in the property of a third party, so the buyer cedes already about emerging demands for compensation with all subsidiary rights, including granting an involving on H.O.F. Alutec against the third party, or which is concerned.
6. Be reserved items installed as essential components in the property of the customer, so this cedes already that claims with all ancillary rights arising from a sale of the property or property rights on H.O.F. Alutec.
7. If the value of the securities existing for H.O.F. Alutec under the foregoing provisions exceeds the value of claims not only temporarily out of h.o.f. Alutec-. - more than 25 %, so Alutec is obliged H.O.F. Alutec on request of the buyer to the corresponding release of collateral discretion of H.O.F. Alutec.
8. For breach of contract of the customer, in particular for payment, is H.O.F. Alutec to take back the delivered items to reminder and declaration of withdrawal entitled and the buyer obliged to publish. Fulfilled the contract, the customer then H.O.F. Alutec has the right to return the items.
§ 9 Payment
1. Unless otherwise agreed, invoices from H.O.F. Alutec are payable invoice without any deduction.
2. The rejection of cheques or bills H.O.F. Alutec. expressly reserves. The acceptance is always only. Discount and bill charges shall be borne by the customer and are payable immediately.
3. If H.O.F. Alutec circumstances become known which call the creditworthiness of the customer in question, does not resolve this in particular a check or discontinues its payments, Alutec is entitled due to to the entire residual debt even if H.O.F. Alutec of checks adopted h.o.f.. Alutec is also entitled to demand advance payments or the provision of guarantees H.O.F. in this case.
4. The customer adjusts permanently its payments and / or is applied for insolvency proceedings over his assets, so H.O.F Alutec is also entitled to withdraw from the not yet fulfilled part of the contract.
5. H.O.F. Alutec is entitled despite contrary provisions of the customer first on its older debt to credit payments. The customer is informed of this type of has been set off. Costs and interest have incurred, so Alutec is entitled to credit payments first against the costs, then to the interest and finally against the primary obligation H.O.F. Alutec.
6. Device of the customer is in default of payment, shall be entitled, to calculate normal banking interest rates, at least 5 % above the respective discount rate of the Deutsche Bundesbank, H.O.F. Alutec. The enforcement of a beyond damages remains reserved H.O.F. Alutec. It remains the customer in the aforementioned cases at liberty, to prove a lower damage which is then determined.
7. The set-off on the part of the buyer is excluded, insofar as it's not been legally or not contested by H.O.F. Alutec counterclaims.
§ 10 Pledge
1. Installation and repairs a contractual lien on the goods came as a result of the order into the possession to H.O.F. Alutec due to claims arising from the contract. The result is also for claims related to the subject of the contract in respect. Otherwise, the contractual lien applies only insofar as claims are undisputed or a final title is present and the subject of the contract is part of the client.