Terms and conditions

General terms and conditions of business

§ 1 scope and principles

  1. These general terms and conditions (in the following terms and conditions) apply to all business relationships from FHS - Forstechnik Handel & Service GmbH (hereinafter the following seller) with their customers (hereinafter referred to as a buyer).
  2. All deliveries and services as well as offers of the seller are carried out exclusively on the basis of these terms and conditions. These also refer 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 performance by the buyer, these terms and conditions are considered accepted. Counter-confirmations of the buyer with reference to his business or purchasing conditions are hereby objected to.
  3. If there is a framework agreement between the buyer and the 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 are to be resolved in writing. They only become effective by the written confirmation of the seller.

§ 2 offer and contract conclusion

  1. As a result of the different business areas of the seller, the offer and contractual item can be partially products (components, components and assemblies of metal processing) as well as new or used finished products (self-driving machines) as well as their accessories and spare parts.
  2. The information contained in offers, catalogs, brochures, illustrations, price lists and similar documents of the seller about weights, dimensions, performance, prices and the like are only approximate. The information is only binding if this is expressly agreed in writing.
  3. The seller's offers are subject to change and non -binding in any case. Only in written form does offers form the basis of contract negotiations, the results of which, if deviates from the offer, must be recorded in writing.
  4. Declarations of acceptance and all orders of the buyer are binding for him. However, they require the seller's written or telex confirmation to be legally effective.
  5. The seller's sales employees are not authorized to make oral side agreements or to give oral assurances that go beyond the content of the written contract.

§ 3 prices

  1. As long as no contract has been concluded, the binding period mentioned in the respective offers applies. Otherwise, the prices mentioned in the order confirmation of the seller plus the respective statutory sales tax. Additional deliveries and services are calculated separately.
  2. Unless otherwise agreed, the prices are available at the factory (ex works). If Euro pallets and their frames are required for transport, these are to be calculated extra.

§ 4 delivery and performance time

  1. Delivery dates or deadlines that have to be bindingly agreed require the written form. They are only considered to be approximately and non -binding if the seller has not declared a written commitment as binding. If all details are not clarified in time by the buyer and the non -timed provision of all the buyer's preliminary work, the delivery dates extend accordingly. Delivery dates are considered to be complied with the willingness of the willingness to ship.
  2. The buyer has to check and acknowledge the delivery note. Any objections must be reported to the seller in writing immediately. Otherwise, the acknowledgment delivery is considered recognized.
  3. Delivery and performance delays due to force majeure or events that make the delivery not only temporarily more difficult or impossible- in particular, this includes strike, lockout, official arrangements, etc., even if they occur with suppliers of the seller or their sub-suppliers, the seller is not responsible even for bindingly agreed deadlines and dates. They entitle the seller to postpone the delivery or service to the duration of the disability plus a reasonable start -up time or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled.
  4. If the disability takes longer than three months, the buyer is entitled 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 cannot derive any claims for damages from this. The seller can only rely on the circumstances mentioned if he immediately notifies the buyer. 
  5. The seller is entitled to partial deliveries and partial services at any time, unless the partial delivery or partial service is not of interest to the buyer.
  6. Compliance with the seller's delivery and performance obligations requires the timely and proper fulfillment of the buyer's obligations.

§ 5 transfer transfer, shipping, acceptance

  1. The seller undertakes to provide the agreed subject object to the agreed extent at the agreed time for shipping. The buyer undertakes to remove the agreed subject subject to the agreed extent at the agreed extent.
  2. If the shipping is delayed without fault of the seller, the buyer is delayed. When the delay in acceptance occurs, the risk of random deterioration and random doom pass to the buyer. At least two weeks after the agreed delivery date, storage costs of ½ % of the total price per week started are due. If the buyer does not decrease the service at least three months after the conclusion of the contract or three months after the provision, the seller is entitled to withdraw from the contract and claim damages due to non -performance.
  3. At the buyer's request, the shipment is insured against shipping damage. This does not affect the transfer of danger. Loss or damage must be certified by the carrier.
  4. The danger passes to the buyer as soon as the shipment has been handed over to the person executing the transport or has left the seller's warehouse for the purpose. If the shipping is delayed at the request of the buyer, the risk of notification of the willingness to ship is moved to him.
  5. With the inflammatory acceptance, the object of the contract is considered decreased.

§ 6 Warranty, notice of defects

  1. The subject of the contract is delivered free of factory defects by the seller. The buyer is obliged to properly investigate the delivered object of the contract immediately after receipt and to immediately report any obvious defects, false deliveries or less quantities to the seller in writing. An exclusion period of seven days from receiving the delivery applies to the display. Covered defects must be reported to the seller in writing immediately after discovery, but at the latest after two weeks. In addition, §§ 377,378 HGB remains unaffected among merchants in a mutual trading business.
  2. Any quality deficiencies of a partial delivery do not entitle the rest of the completed amount, unless the buyer can prove that the assumption is only unreasonable for him, taking into account the circumstances. Transport damage must be communicated to the seller immediately and to regulate the necessary formalities with the carrier.
  3. As far as this is necessary for new or used finished products, warranty periods are generally contractually agreed. Otherwise, the legal regulations of the HGB apply.
  4. As a guarantee, the buyer can initially only request sustainers. The guarantee is made by the fact that the buyer will improve the incorrect object of the contract within the defined period or delivers a replacement object (if the period is reached over a thousand operating hours before the period has expired, this is the conclusion of the warranty period). For the replacement object or the rectification, the warranty period is three months; However, the warranty period runs at least up to the end of the original warranty period for the incorrect object of the contract. The seller is entitled to take at least two attempts for improvement. Replaced parts are owned by the buyer and can be handed over immediately. If the more than two -way attempted improvement or replacement delivery fails, the buyer can request reduction in the remuneration or withdrawal of the contract.
  5. The seller bears the costs of the replacement item, including shipping, of the direct costs incurred by the rectification or replacement delivery, insofar as the buyer's complaint is justified. In this case, the seller also bears the appropriate costs of the installation and expansion of spare parts, in particular the costs of the required provision of workers. Incidentally, the costs of the buyers bear.
  6. If the buyer informs the seller the presence of a defect, the seller is entitled to immediately check the lack of the object of service to the buyer or to have the item back to the seller at the risk of the buyer.
  7. The seller's warranty obligation does not apply if the buyer carries out the removal of the defect or has it carried out by third parties without prior notification and approval. This does not apply if an immediate elimination of the defect is urgently required to avoid further damage.
  8. The seller does not guarantee damage caused by corrosion and natural wear and tear (wear). The buyer's warranty claim also does not exist for damage caused by the buyer by improper or unsuitable list and treatment of the object of the contract.
  9. If the seller's operating and maintenance instructions are not followed, changes to the object of the contract are made, parts replaced or used consumables that do not correspond to the original specifications, the claims due to defects in the object of the contract are not refuted if the buyer has only caused a corresponding substantiated claim that the defect has only caused the defect.
  10. Claims for defects against the seller are only entitled to the immediate buyer and cannot be assigned.

§ 7 spare parts

The seller will deliver spare parts for the same to the applicable spare parts prices for a period of five years from delivery of a finished product.

§ 8 extended retention of title

  1. Until the fulfillment of all claims (including all balance claims from a account corrention), which the seller is now entitled to from every legal reason against the buyer or in the future, the seller will grant the following collateral, which he will share on request for his election, insofar as their value exceeds the claims by more than 20%.
  2. The object of the contract remains the property of the seller until all secure claims have been paid. Processing or transformation is always carried out for the seller as a manufacturer, but without obligation for him. If the (co-) property of the buyer expires through a connection, it is already agreed that the (co-) property of the buyer on the object of the contract as a uniform matter (invoice value) passes to the seller. The buyer kept the (co-) property of the seller free of charge. Contracts on which the seller (co-) property is entitled to be referred to as reserved goods below.
  3. The buyer is entitled to process and sell the reserved goods in proper business transactions as long as he is not in default. Plays or transfers are inadmissible. The buyer is already fully securing the claims that arise from resale or other legal reason (insurance, unauthorized action) with regard to the reserved goods (including all balance claims from a account correction).
  4. The seller revokes the buyer to collect the claims assigned to the seller for his invoice in his own name. This interpretation authorization can be revoked if the buyer does not properly meet his payment obligations.
  5. In the event of third parties access to the goods subject to retention, in particular attachments, the buyer will point out the ownership of the seller and notify them immediately so that the seller can enforce his property rights. Insofar as the third party is unable to reimburse the seller or extrajudicial costs for the seller, the buyer is liable for this.
  6. In the event of a contractual behavior of the buyer - in particular payment of payment - the seller is entitled to withdraw from the contract and to demand the goods subject to retention of title.

§ 9 Payment, resale, reservation of withdrawal

  1. Unless otherwise agreed, the seller's invoices are payable within 10 days of accounting minus 2 % discount or 30 days after invoicing without deduction.
  2. The seller is entitled to initially count payments on his older debts despite different provisions of the buyer and will inform the buyer about the type of billing. If costs and interest have already arisen, the seller is entitled to count the payment at the costs, then on the interest and finally to the main performance.
  3. Payment is only considered to be made if the seller can dispose of the amount. In the case of checks, the payment is only considered to be if the check has been redeemed.
  4. If the buyer is in arrears, the seller is entitled to request compensation from the relevant time from interest in the amount of 8 percentage points above the base rate as a flat rate. They are lower when the buyer proves a lower load; Evidence of a higher damage by the seller is permitted.
  5. If the seller becomes aware of circumstances that question the buyer's creditworthiness, especially if his check cannot be redeemed or he hires his payments, or if the seller is aware of other circumstances that question the buyer's creditworthiness, the seller is entitled to file the entire residual debt even if he has accepted checks. In this case, the seller is also entitled to request advance payments or security benefits.
  6. The buyer is only entitled to offset, retention, retention or reduction, even if the complaints or counterclaims are made, if the counterclaims have been legally established, are undisputed or recognized by the seller. However, the buyer is also entitled to withholding the same contractual relationship for counterclaims.
  7. A justification for the resale of the object of the contract expressly does not exist if the delivery concerns a finished product, which is not intended for resale, but according to the contract for use in his own company.
  8. If the buyer comes in default with payments, also installment payments, other services or preliminary work or acceptance, the seller can determine the buyer a grace period of 14 days with the explanation to the buyer that the seller rejects the acceptance of the service after the period has expired. After the deadline, the seller can reject the fulfillment of the contract, withdraw from the contract and request compensation.

§ 10 Construction changes

The seller reserves the right to make construction changes at its finished products at any time; However, he is not obliged to make such changes even at finished finished products.

§ 11 patents

  1. The seller will release the buyer and his customer for claims from injuries to copyrights, brands or patents, unless the design of a contractual object comes from the buyer. The seller's exemption obligation is limited to the predictable damage. Additional prerequisite for the exemption is that the seller is given the management of legal disputes and that the alleged violation of the law is only attributable to the construction of the contractual objects of the seller without connection or use with other contractual objects.
  2. The seller has the right to free himself from the obligations taken over in paragraph 1 by either a) obtaining the necessary licenses regarding the allegedly injured patents or b) provides the buyer a changed object of contract or parts of it that in the event of an exchange against the injuring object of the contract or its part of which eliminates the accusation of injury regarding the subject of the contract.

§ 12 Intaldection

Unless expressly agreed in writing, the information submitted to the seller in connection with the business relationship and specific orders are not considered confidential.

§13 liability

  1. Claims for damages are excluded regardless of the type of breach of duty, including unauthorized acts, unless there is intentionally or grossly negligent action.
  2. Claims for lost profit, saved expenses from third -party compensation claims as well as other indirect and consequential damage cannot be requested.
  3. The restrictions on liability and exclusions in paragraph 1 do not apply to claims that have arisen due to fraudulent behavior of the seller, as well as liability for guaranteed quality features, for claims according to the Product Liability Act and damage from the violation of life, body or health.
  4. If the protective devices, which are usually intended for new and also used finished products, are not obtained at the express request of the buyer, the seller of any liability is free for damage caused.
  5. Insofar as the seller's liability is excluded or limited, this also applies to 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 agreed, the place of performance for the payment and delivery is the seller's place of business.
  2. The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between seller and buyer. The provisions of the UN sales law do not apply.
  3. If the buyer is a merchant, a legal entity under public law or a special fund under public law, Wittenberg is an exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same place of jurisdiction applies if the buyer has no general place of jurisdiction in Germany at the time the contract is concluded if he has laid his company headquarters, his place of residence or his habitual whereabouts abroad after the conclusion of the contract or is unknown to his seat or his habitual stay at the time of the complaint. To the extent mentioned, this also applies to change and check requirements as well as claims from unauthorized action. However, the seller is entitled, but not obliged to call every other responsible court.

§ 15 partiality, legal efficacy, data protection

  1. If a provision in this GTC or a provision in the context of other agreements is or will be ineffective, the effectiveness of the contracts is not affected by this as well as all other provisions or agreements between seller and buyer. In their place, only the legal regulation applies, ie the provision in question is never replaced by the terms and conditions of the buyer.
  2. All contracts between the seller and the buyer themselves as well as any changes or additions of contracts require the written confirmation by the seller to their effectiveness; This also applies to a deviation from the contractual written form requirement itself.
  3. Legally relevant declarations of intent, such as dismissals, declarations of cancellation, demands for reduction in purchase or compensation are only effective if you are in writing.
  4. The seller is entitled to edit and save the data obtained in connection with the business relationship about the buyer - even if they come from third parties - within the meaning of the Federal Data Protection Act or to have third parties commissioned by the seller.
 

Schönewalde, March 1st, 2010

How to reach us