Terms and conditions
Terms and Conditions (GTC)
(As at 1 February 2017)
Buchhammer Trading GmbH
Registered office in Lübeck
General conditions of sale
We would like to thank you for your order, which we accept under the exclusive validity of the terms of delivery and payment printed on the back of this order.
§ 1 Scope of application
1. These conditions of sale apply exclusively to entrepreneurs, legal persons of public law or public special funds within the meaning of § 310 Paragraph 1 BGB. Terms and conditions of the Purchaser which are contrary to or deviate from our terms of sale shall only be accepted if we expressly agree to the validity in writing.
2. These sales conditions also apply to all future transactions with the Purchaser, as far as legal transactions of a related nature are concerned. As a precaution, the sales conditions should in any case be accompanied by the order confirmation.
§ 2 Offer and conclusion of contract
If an order can be viewed as an offer according to § 145 BGB, we can accept it within two weeks.
§ 3 Authorized documents
All documents, such as calculations, drawings, etc., which have been handed over to the Purchaser in connection with the assignment of the order, are subject to proprietary and copyrights. These documents may not be made accessible to third parties, unless we give the customer our express written consent. If we do not accept the offer of the Purchaser within the time limit of § 2, these documents shall be returned to us without delay.
§ 4 Prices and payment
1. Unless otherwise agreed in writing, our prices are subject to packing and VAT, exclusive of VAT. Packaging costs will be charged seperately.
2. Payment of the purchase price must be made exclusively on the account named overleaf. The deduction of cash discount is only permissible with a written special agreement.
3. Unless otherwise agreed, the purchase price shall be payable within 10 days of the date of invoice. Interest on arrears of 5% above the respective base rate p.a. calculated. The assertion of a higher damage caused by default remains reserved.
4. Insofar as no fixed price agreement has been reached, reasonable price changes remain due to changes in wage, material and distribution costs for deliveries made 3 months or later after conclusion of the contract.
§ 5 Right of Retention
The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 6 Delivery time
1. The commencement of the delivery time stated by us shall presuppose the proper and timely fulfillment of the obligations of the customer. The exception of the unfulfilled contract remains reserved.
2. If the purchaser is in default of acceptance or if he culpably infringes any other cooperation obligations, we are entitled to demand compensation for the damages incurred, including any extra charges. We reserve the right to make further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased goods will pass to the purchaser at the time when the customer has been in default or default.
3. In the case of the delay in delivery which we have not intentionally or grossly negligated, we shall be liable for each completed month's delay within the scope of a flat-rate delay compensation of 1% of the delivery value, but not more than 3% of the delivery value.
4. Other legal claims and rights of the customer due to a delay in delivery shall remain unaffected.
§ 7 Transfer of risk upon dispatch
If the goods are sent to the customer at the request of the customer, the risk of accidental loss or the accidental deterioration of the goods shall be transferred to the purchaser upon dispatch to the customer, at the latest upon leaving the factory / warehouse. This applies irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs.
§ 8 Reservation of title
1. We retain title to the delivered goods until the full payment of all claims arising from the delivery contract. This also applies to all future deliveries, even if we do not always expressly refer to them. We shall be entitled to take back the purchased item if the customer behaves in breach of contract.
2. The Purchaser shall be obliged to treat the purchased goods carefully as long as the property has not yet passed on to him. In particular, he is obliged to adequately insure these at his own expense against theft, fire and water damage at his own expense. Must be maintenance-