1. A person who acts as a side of a contract to fulfill his commercial or independent professional activity.
2. Legal entities of the public right or a public law special property as well as associations and registered cooperatives. Area of application, offers, confirmation of order.
a. Following sales terms, delivery terms and payment terms are valid exclusively for all deliveries of the company DEG Licht GmbH; we do not recognize standing in the way or from our sales terms, delivery terms and payment terms divergent conditions of the customer, unless we would have agreed to their validity expressly in writing. Payment terms of divergent conditions of the customer the delivery without reservation produce.
b. Our sales terms, delivery terms and payment terms are also valid for all future deals with the customer.
с. So far in our confirmation of order nothing else is determined, our offers are not-binding and revocable any time.
a. Given terms of delivery are non-binding and only approximate.
b. Unforeseen delivery obstacles, like cases of higher power, shortage of raw materials, strike, operational disturbances in own company or in that of the presupplier, entitle us to push out the delivery at the duration of the impediment. With precalled unforeseen delivery obstacles we can also withdraw from the contract, as far as it is not fulfilled yet. Compensation claims cannot be asserted out of this.
3. Dispatch and packaging
a. The deliveries occur ex-works Bad Homburg, Germany, until in these sales terms, delivery terms and payment terms or in writing with the customer something else was agreed. At the dispatch beginning all danger (break, decrease, etc.) goes over the customer, even if freight-free delivery was agreed.
b. The choice of the route of transport and the means of transportation occurs on the cheapest way, if another kind of delivery is not agreed.
4. Prices and payment terms
a. The currency for all prices is EURO, including value added tax, packaging and assurance.
b. Our invoices are payable 30 days after an invoice date net without deduction.
c. On payments within 10 days after an invoice date 2% discount is granted.
d. The payment has only occurred when the suitable amount is credited to us. On late payment interests on arrears are calculated under the reservation of the assertion of other damages by 8 percent points about the base interest rate sentence (§288 paragraph 2 Civil Code), unless, to us an even bigger interest damage has originated. The assertion of an other damage is left.
e. Compensation rights are entitled to the customer only if his counterclaims are ascertained legally, are recognized indisputable or from us. The customer is entitled only so far to the exercise of a retention right when his counterclaim is based on the same contractual relationship.
f. We reserve ourselves an adequate price adaptation accordingly to the cost rises entering after contract signing, in particular as a result of changed cost of materials and labor costs.
5. Retention of title
a. We reserve ourselves the property of the goods up to income of all payments from the business connection with the customer. Claims from the business connection also contain interest, ancillary claims and costs of any legal pursuit as well as costs of an intervention because of a seizureof the purchase thing by third party.
b. The customer is entitled to a disposal of the purchase items within the scope of a proper trend of affairs. In case of the wide disposal of the purchase thing he resigns up to the fulfillment of all our claims already now his from the disposal of the purchase thing to originating demands towards his customers to us. We accept this cession. The cession also encloses any balance demand from an agreed current account. Up to our cancellation the customer is entitled to the move of the resigned demand in own name.
c. Upon our desire the customer is obliged, to us has acquired the names of his customers, compared with those he by disposal of the purchase items claims as well as to inform of those of these owed amounts and to grant us in this respect examination into his books and calculations. The customer has to inform us of any seizure of the purchase thing or other interventions of third party immediately.
d. A processing or reorganization of the purchase items by the customer is carried out, in any case, for us. Provided that the purchase thing with others, us is not processed to belonging things, we acquire the joint ownership in the new thing comparatively of the value of the purchase thing (calculation final amount including the sales tax) to the value of the other processed things at the time of the processing. The same is valid for the case of the connection of the purchase thing with things not standing in our property.
e. If the realizable value of the securities existing for us exceeds our demands about more than 20%, we are obliged by request of the customer concerning 20% of exceeding amount to the release of securities after our choice.
f. Being retentions of title in a foreign state, if his right reaches to the use, efficiently or do not need them beside the contractual arrangement, for example, of one more registration, the customer on his costs is obliged to help in all measures, to issue in particular all declarations necessary on his part, around the retention of title efficiently to let become or to get us securities which are equivalent to a retention of title.
a. We stick by presentation of responsibility in case of coarse carelessness, with damages from the culpable injury of the life, the body or the health of the customer as well as within the scope of an assumed state or durability guarantee according to the legal regulations.
b. By culpable injury of an essential contract duty we stick if none is given in letter a. to called cases, after the height restricted on the predictable, typically incoming damage.
c. We stick if none is given in the above letter a. and b. to called cases, limits to the by contract owed reimbursement, at most to the extent of 5,000.00 euros.
d. The liability on account of the product liability law exists without limitation.
e. As far as the compensation liability to us is excluded towards or is limited, this is also valid in view of the personal damage sentence substitute liability of our employees, employees, employees, representatives and fulfillment assistant.
a. By presentation of a lack of the purchase thing we reserve ourselves the choice of the kind of the subsequent performance. The necessary expenditures for the purpose of the lack removal which arise from the fact that the purchase thing is spent after another place than the place of fulfilment are to be substituted by the customer. Figure 6 our sales terms, delivery terms and payment terms is valid for compensation claims because of a lack.
b. The period of limitation of the fault claims amounts 2 years. Cases of cunning deception, the intention and §§478, 479 Civil Code are excluded from this. The period of limitation in case of a recourse of delivery after §§478, 479 Civil Code remains untouched. The limitation beginning is directed according to the law.
c. The guarantee is excluded if the customer has processed the purchase thing or has disposed, after he has discovered the lack or would have had to discover, unless, he proves that the processing or disposal was necessary to prevent a bigger damage.
d. Natural wear and damages by improper treatment or storage are excluded from the compensation.
8. Commercial protective rights, forms, tools, discretion.
a. Provided that we have technical documents, pictures, forms, tools, patterns or other documents, we reserve ourselves the property and all commercial copyrights or protective rights, even if the customer has taken over the costs for all of it or a part.
b. If the purchase thing is made after documents überlassenen from the customer, the customer is liable for the fact that the production and/or the delivery does not injure the commercial protective rights or other right third.
9. Taking back and disposal of old devices according to ElektroG
Provided that the purchase thing falls in the range of application of the law about the marketing, the taking back and the environment-friendly disposal of electrical appliances and electronics devices (ElektroG):
a. The customer undertakes to decontaminate the purchase thing after ending of utilization at own expenses according to the legal regulations properly.
b. The customer puts us from the obligations §10 paragraph 2 ElektroG (taking back duty of the manufacturer) and with it to being connected claims freely.
c. The customer has commercial third to whom he transmits the purchase thing to oblige by contract, to decontaminate this after ending of utilization on their costs according to the legal regulations properly and to impose a suitable wide obligation for the case of the renewed passing on to commercial third.
d. If omits from it the customer, commercial third to whom he transmits the purchase thing to oblige by contract to the takeover of the disposal duty and to the wide obligation, the customer is obliged to take back the purchase thing after ending of utilization on his costs and to decontaminate properly according to the legal regulations.
e. Our claim to takeover / exemption by the customer does not come under the statute of limitations before two years after the final ending of the use of the device. The two-year-old term of the expiry inhibition begins at the earliest with access of a written communication of the customer with us about the ending of utilization.
10. Place of fulfillment and legal venue, final regulations
a. Place of fulfillment and legal venue is Bad Homburg v.d. H. Nevertheless, we are also entitled to sue the customer in his general legal venue.