Terms of Service
§ 1 Scope and Principles
(1) These general terms and conditions (hereinafter GTC) apply to all business relationships between FHS - Forsttechnik Handel & Service GmbH (hereinafter seller) and its customers (hereinafter buyer).
(2) All deliveries and services as well as offers by the seller are made exclusively on the basis of these terms and conditions. These therefore also relate to all future business relationships, even if this is not expressly agreed again. With the order, but at the latest with the acceptance of the goods or services by the buyer, these terms and conditions are considered to be accepted. Counter-confirmations by the buyer with reference to his business or purchasing conditions are hereby rejected.
(3) If there is a framework agreement between the buyer and seller, the terms and conditions apply to both the framework agreement and the individual contract.
(4) All contractually regulated business relationships as well as changes, additions, side agreements or additional agreements that are made between the seller and the buyer for the purpose of executing a contract must be recorded in writing. They only become effective with the written confirmation of the seller.
§ 2 Offer and conclusion of contract
(1) The subject matter of the offer and of the contract can be partial products (components, parts and assemblies of metalworking) as well as new or used finished products (self-propelled machines) as well as their accessories and spare parts due to the different business fields of the seller.
(2) The information on weights, dimensions, capacities, prices and the like contained in offers, catalogs, brochures, images, price lists and similar documents of the seller are only approximate. The information is only binding if this has been expressly agreed in writing.
(3) The seller's offers are always subject to change and non-binding. Only in written form do offers form the basis of contract negotiations, the results of which, if they deviate from the offer, must be recorded in writing.
(4) Declarations of acceptance and all orders placed by the buyer are binding on the buyer. However, they require the seller's written or telex confirmation to be legally effective.
(5) The sales staff of the seller are not authorized to make verbal subsidiary agreements or to give verbal assurances that go beyond the content of the written contract.
§ 3 prices
(1) As long as no contract has been concluded, the binding period stated in the respective offers applies to prices. Otherwise, the prices stated in the seller's order confirmation plus the respective statutory sales tax are decisive. Additional deliveries and services will be charged separately.
(2) Unless otherwise agreed, the prices are ex works. If Euro pallets and their frames are required for transport, these must be charged separately.
§ 4 delivery and performance time
(1) Delivery dates or deadlines, which must be agreed as binding, must be made in writing. you
are only considered to be approximate and non-binding if the seller has not given a written one
Has declared the commitment as binding. If all details are not clarified in good time by the
The buyer as well as the late provision of all advance payments by the buyer are extended
Delivery dates accordingly. Delivery dates are deemed to have been made upon notification of readiness for dispatch
adhered to.
(2) The buyer must check and acknowledge the delivery note. Any objections are to that
Notify the seller immediately in writing. Otherwise the acknowledged delivery is considered accepted.
(3) Delays in delivery and performance due to force majeure or events that occur to the
Seller not only temporarily make delivery significantly more difficult or impossible -
this includes in particular strikes, lockouts, official orders, etc., even if they are at
Suppliers of the seller or their sub-suppliers enter, the seller also has
not responsible for bindingly agreed deadlines and dates. You authorize the seller that
Delivery or service for the duration of the hindrance plus a reasonable start-up time
postpone or because of the not yet fulfilled part of the contract in whole or in part
to resign.
(4) If the hindrance lasts longer than three months, the buyer is more reasonable
The setting of a grace period entitles the customer to withdraw from the contract with regard to the part that has not yet been fulfilled.
If the delivery time is extended or if the seller is released from his obligation, the buyer can
no claims for damages can be derived from this. The
Seller only called if he notifies the buyer immediately.
(5) The seller is entitled to partial deliveries and partial services at any time, unless the
Partial delivery or partial performance is of no interest to the buyer.
(6) Compliance with the delivery and performance obligations of the seller requires timely and
proper fulfillment of the buyer's obligations.
§ 5 Transfer of Risk, Shipping, Acceptance
1) The seller undertakes to use the agreed subject matter of the contract to the agreed extent
to be made available for dispatch at the agreed time. The buyer agrees to the
to accept the agreed subject matter of the contract to the agreed extent at the agreed time.
(2) If the shipment is delayed through no fault of the seller, the buyer comes in
Delay of acceptance. With the occurrence of default in acceptance, there is a risk of accidental deterioration
and accidental loss to the buyer. No later than two weeks after the agreed
Storage costs amounting to ½% of the total price per commenced delivery date will be storage costs
Week due. If the buyer does not accept the service no later than three months after the conclusion of the contract or
three months after the provision, the seller is entitled to withdraw from the contract and
To demand compensation for non-performance.
(3) At the buyer's request, the shipment will be insured against shipping damage at the buyer's expense.
This does not affect the transfer of risk. Loss or damage are due to the
To have the carrier certified.
(4) The risk is transferred to the buyer as soon as the consignment is sent to the person carrying out the transport
Person has been handed over or has left the seller's warehouse for the purpose of dispatch. Becomes
If the shipment is delayed at the request of the buyer, the risk goes with the notification of the
Readiness for dispatch to him.
(5) With the unrepentant acceptance, the subject of the contract is deemed to have been accepted.
§ 6 Warranty, Notification of Defects
(1) The subject of the contract is delivered by the seller free of manufacturing defects. The buyer is obliged to examine the delivered contract item immediately after receipt at his own expense and to notify the seller immediately in writing of any obvious defects, incorrect deliveries or shortages. A preclusive period of seven days from receipt of the delivery applies to the advertisement. Hidden defects must be reported to the seller in writing immediately after they are discovered, but no later than two weeks. Otherwise, §§ 377,378 HGB remain unaffected in a mutual commercial transaction between merchants.
(2) Any quality defects of a partial delivery do not entitle the buyer to reject the remainder of the completed quantity, unless the buyer can prove that the acceptance of only part of the delivery is unreasonable for him, taking into account the circumstances. Transport damage must be reported to the seller immediately and the necessary formalities settled with the carrier.
(3) Warranty periods are generally contractually agreed to the extent that this is necessary for new or used finished products. Otherwise the legal regulations of the HGB apply.
(4) As a guarantee, the buyer can initially only request improvements. The guarantee is provided by the fact that the buyer, at his discretion, reworks the defective contractual item or delivers a replacement item within the defined period (if more than one thousand operating hours are reached for finished products before the end of the period, this point in time is considered to be the end of the warranty period). The warranty period for the replacement item or the subsequent improvement is three months; however, the warranty period runs at least until the expiry of the original warranty period for the defective contractual item. The seller is entitled to make at least two attempts to repair. Replaced parts become the property of the buyer and must be returned to him immediately. If the repair or replacement delivery attempted more than twice fails, the buyer can demand a reduction in payment or cancellation of the contract.
(5) The seller bears the costs of the replacement part, including shipping, of the direct costs arising from the repair or replacement delivery, insofar as the buyer's complaint proves to be justified. In this case, the seller also bears the reasonable costs of installing and removing spare parts, in particular the costs of any necessary provision of labor. Otherwise the costs are borne by the buyer.
(6) If the buyer notifies the seller of the existence of a defect, the seller is entitled to choose whether to check the defect in the object of performance immediately at the buyer or to have the object returned to the seller at the risk of the buyer.
(7) The seller's warranty obligation does not apply if the buyer remedies the defect or has it performed by a third party without prior notification and consent. This does not apply if an immediate elimination of the defect is urgently required to avoid further damage.
(8) The seller does not accept any liability for damage caused by corrosion and natural wear and tear. The buyer is also not entitled to a guarantee for damage caused by the buyer as a result of improper or unsuitable installation and handling of the subject matter of the contract.
(9) If the seller's operating and maintenance instructions are not followed, changes are made to the subject matter of the contract, parts are exchanged or consumables are used that do not correspond to the original specifications, claims due to defects in the subject matter of the contract do not apply if the buyer makes a corresponding substantiated claim that only one of these circumstances caused the defect has not been refuted.
(10) Claims against the seller due to defects are only available to the direct buyer and are not transferable.
§ 7 spare parts
For a period of five years from delivery of a finished product, the seller will deliver spare parts for the same at the currently valid spare part prices.
§ 8 extended retention of title
(1) Until all claims (including all current account balance claims) that
to the seller for any legal reason against the buyer now or in the future, will be the
The seller grants the following securities, which he will release upon request of his choice,
insofar as their value permanently exceeds the claims by more than 20%.
(2) The subject of the contract remains until all secured claims have been paid in full
Seller's property. Processing or transformation is always carried out for the seller as
Manufacturer, but without any obligation for him. The (co-) ownership of the buyer expires
Connection, it is already agreed that the (co-) ownership of the buyer in the
Subject of the contract as a uniform item in proportion to the value (invoice value) to the seller
transforms. The buyer keeps the (co-) property of the seller free of charge.
Contractual objects to which the seller is entitled to (co-) ownership are hereinafter referred to as
Reserved goods.
(3) The buyer is entitled to deliver the goods subject to retention of title in the ordinary course of business
process and sell as long as it is not in default. Pledges or
Transfers by way of security are not permitted. Those from resale or any other
Legal reason (insurance, unauthorized action) with regard to the reserved goods
The buyer already enters into claims (including all balance claims from current account)
now to the seller in full to be on the safe side.
(4) The seller revocably authorizes the buyer to accept the claims assigned to the seller
to collect for his account in his own name. This authorization to collect can
be revoked if the buyer fails to meet his payment obligations properly
follows.
(5) If third parties access the reserved goods, in particular seizures, the buyer will be entitled to the
Point out the property of the seller and notify him immediately so that the seller
can enforce his property rights. If the third party is unable to provide the seller with the in
to reimburse any judicial or extrajudicial costs incurred in this connection,
the buyer is liable for this.
(6) If the buyer acts contrary to the contract - in particular default of payment - the seller is the seller
entitled to withdraw from the contract and to demand the return of the reserved goods.
§ 9 Payment, resale, reservation of withdrawal
(1) Unless otherwise agreed, the seller's invoices are payable within 10
Days after invoicing minus 2% discount or 30 days after invoicing without
Deduction.
(2) The seller is entitled to make payments in spite of contrary provisions of the buyer
initially offset against its older debts and will inform the buyer about the nature of the debt
Inform billing. If costs and interest have already arisen, the seller is entitled
the payment first on the costs, then on the interest and finally on the main service
to be taken into account.
(3) A payment is only considered to have been made when the seller can dispose of the amount. in the
In the case of checks, payment is only deemed to have been made when the check has been cashed.
(4) If the buyer is in default, the seller is entitled to start from the relevant point in time
Interest of 8 percentage points above the base rate as lump-sum compensation
desire. They are to be set lower if the buyer can prove a lower burden;
proof of higher damage by the seller is permissible.
(5) If the seller becomes aware of circumstances which affect the buyer's creditworthiness in
Ask a question, especially if his check can't be cashed or he can't cash his
Suspends payments or if the seller becomes aware of other circumstances which could affect the
If the buyer's creditworthiness is questioned, the seller is entitled to pay the entire remaining debt
to be due, even if he has accepted checks. In this case, the seller is also
entitled to demand advance payments or security deposits.
(6) The buyer is entitled to offset, withhold or reduce the price, even if notices of defects or
Counterclaims are only justified if the counterclaims are legally binding
have been established, are undisputed or recognized by the seller. For retention is the
However, the buyer is also entitled to counterclaims from the same contractual relationship.
(7) There is expressly no authorization to resell the subject matter of the contract,
if the delivery concerns a finished product which the buyer cannot sell on,
but according to the contract it is intended for use in its own company.
(8) If the buyer comes with payments, including installment payments, other services or advance payments
or acceptance in default, the seller can give the buyer a
A grace period of 14 days with the declaration stipulates that the seller shall accept the service
refuses after the deadline. After the deadline, the seller can fulfill the
Reject the contract, withdraw from the contract and demand compensation.
§ 10 Construction Changes
The seller reserves the right to modify his finished products at any time
Make design changes; however, he is not obliged to accept such changes
to carry out finished products that have already been delivered.
Section 11 Patents
(1) The seller is the buyer and his customers due to claims from violations of
Exempt copyrights, trademarks or patents, unless the draft one
Subject of the contract comes from the buyer. The seller's obligation to indemnify is
The amount is limited to the foreseeable damage.
An additional prerequisite for the exemption is that the seller has the management of
Litigation is left and that the alleged infringement is exclusive to the
Construction of the contractual objects of the seller without connection or use with others
Is attributable to the contractual objects.
(2) The seller has the optional right to withdraw from the obligations assumed in paragraph 1
to be liberated by being either
a) Obtain the necessary licenses for the allegedly infringed patents
or
b) provides the buyer with a modified subject matter of the contract or parts thereof which are specified in
In the case of an exchange against the infringing subject matter of the contract or its part the
Eliminate allegation of infringement regarding the subject matter of the contract.
§ 12 Confidentiality
Unless expressly agreed otherwise in writing, the provisions of the
In connection with the business relationship and specific orders
Information not considered confidential.
§13 liability
(1) Claims for damages are independent of the type of breach of duty, including
unauthorized acts, excluded unless intentional or grossly negligent
is present.
(2) Claims for lost profit, saved expenses from claims for damages
Third parties as well as other indirect and consequential damages cannot be demanded.
(3) The limitations and exclusions of liability in paragraph 1 do not apply to claims arising from
malicious behavior of the seller, as well as liability for guaranteed
Quality features, for claims according to the product liability law as well as damage from the
Injury to life, body or health.
(4) Are those usually provided for new and also used finished products
If protective devices are not used at the express request of the buyer, the seller is free from any liability for any damage caused thereby.
(5) Insofar as the seller's liability is excluded or limited, this also applies to salaried employees and employees as well as agents and vicarious agents of the seller.
§ 14 Place of performance, applicable law, place of jurisdiction
(1) Unless otherwise contractually agreed, the place of performance for payment and delivery is
the place of business of the seller.
(2) This applies to these terms and conditions and the entire legal relationship between seller and buyer
Law of the Federal Republic of Germany. The provisions of the UN sales law do not apply
Application.
(3) If the buyer is a merchant, legal entity under public law or under public law
Is a special fund, Wittenberg is the exclusive place of jurisdiction for all arising from the
Contractual relationship directly or indirectly resulting disputes.
The same place of jurisdiction applies if the buyer does not have a
general place of jurisdiction in Germany if it has its registered office after the conclusion of the contract
Has relocated his place of residence or his habitual abode abroad or his seat or his seat
habitual residence is unknown at the time the action is brought. To the extent mentioned above
this also applies to bills of exchange and check claims as well as claims from tortious acts. The
However, the seller is entitled, but not obliged, to appeal to any other competent court.
§ 15 Partial invalidity, legal validity, data protection
(1) Should a provision in these terms and conditions or a provision in the context of other
Agreements are or become ineffective, the effectiveness of the contracts in
remaining and all other provisions or agreements between seller and buyer
not touched. In their place, only the statutory regulation applies, ie the relevant one
Provision is in no way replaced by the buyer's terms and conditions.
(2) All contracts between seller and buyer themselves as well as any changes or additions
contracts require written confirmation by the seller in order to be effective; this
also applies to a deviation from the contractual written form requirement itself.
(3) Legally relevant declarations of intent such as terminations, declarations of resignation, requests for
A reduction in the purchase price or damages are only effective if they are made in writing.
(4) The seller is entitled to receive in connection with the business relationship
To process and save data about the buyer - even if they come from third parties - within the meaning of the Federal Data Protection Act or to have them processed and saved by third parties commissioned by the seller.
Schönewalde, March 1st, 2010
