validity All deliveries are made on the basis of the following delivery and payment conditions. Agreements deviating from this are only valid if they have been confirmed in writing by the seller. Orders and agreements of the representatives require the written confirmation of the seller.
commercial custom The "Tegernseer Gebräuche" in the currently valid version with its appendices and appendices apply to all deliveries, unless otherwise agreed in writing or specified below.
Offers All offers are non-binding. Orders are only accepted in a legally binding manner if a written order confirmation has been issued. The delivery note or the invoice also counts as an order confirmation. Oral and telephone declarations or agreements are only legally binding for the seller if they have been confirmed in writing or if they have been fulfilled by performance. This applies in particular to orders that representatives or travelers have concluded.
Fulfillment and jurisdiction
Shipping is for the account and risk of the buyer, even if carriage paid delivery has been agreed. In the absence of special instructions from the buyer, the choice of transport route and means of transport is made at our best discretion and without guarantee for the cheapest shipping. Goods that have been reported as ready for dispatch must be called off immediately, otherwise the seller is entitled to store them at his own discretion at the expense and risk of the buyer and to consider and invoice them as delivered ex warehouse or ex works.
Place of performance for the payment of the purchase price and for the others Services of the buyer is always the place of commercial establishment of the seller.
In the event of a dispute, the district court of Bad Kissingen or the regional court of Schweinfurt is agreed as the place of jurisdiction.
pricing Unless otherwise agreed, the prices are understood to be free loading at the place of departure of the goods.
Transportation risk and cargo template The transport costs and risk are borne by the buyer
Delivery times The stated delivery times are to be regarded as approximate and non-binding for the seller. Exceeding the same usually does not entitle the recipient to assert any default penalties or claims for damages.
Invoicing and payment method
The invoice is issued separately for each shipment with the date of the day of shipment. This also applies to partial deliveries. Agreed payment periods begin on this day.
Unless otherwise agreed, advance payments made for contracts will be offset proportionately against the individual partial deliveries.
If payment by bill of exchange is agreed, the taxed bill of exchange must be given immediately after delivery. Its term may not exceed 90 days from the invoice date. The discount charges are borne by the buyer. The rates charged to the seller by the bank apply, but at least 3% above the discount rate of the Deutsche Bundesbank. The conditions of the banks apply to the acceptance of bills of exchange and checks.
Unless otherwise agreed, the goods are to be paid for immediately. If payment is not made on time, interest of at least 3% above the respective discount rate of the Deutsche Bundesbank, as well as expenses, are to be paid without a reminder being required or the buyer being at fault. The right to claim further damages remains unaffected. Deductions of any kind from the invoice amount are not permitted. Bills of exchange are only accepted as payment on the basis of an express agreement. Credits for bills of exchange or checks are always subject to receipt and are made with the value date of the day on which the seller can dispose of the equivalent value. Discount charges, stamp duty and collection charges, as well as interest, are borne by the buyer and are due immediately. The seller assumes no liability for timely presentation or protest.
credit-worthiness The prerequisite for the obligation to deliver is the unconditional creditworthiness of the buyer. If the financial situation of the buyer is unfavorable during the term of the contract, or if the seller receives information after the conclusion of the contract, which does not make the granting of a loan, in the amount of the order current with the seller, seem unobjectionable, or if facts arise that allow doubts in this regard, or If the buyer does not meet due liabilities from these or other transactions in accordance with the conditions, the purchase price claim becomes due immediately, even in the event of a deferral, or the buyer is entitled to withdraw from the contract without setting a deadline. Goods that have not yet been accepted can be returned. If bills of exchange are accepted by the buyer as a payment method and the circumstances of the buyer or one of the parties obligated to bills of exchange are unfavorable, he is entitled to demand cash payment despite acceptance of the bill of exchange.
Retention of title The delivered goods remain the property of the seller until the buyer has paid all claims arising from the business relationship, in particular any current account balance. It is to be stored separately from the recipient's other goods, insofar as this is operationally possible, and secured and insured against fire, theft and spoilage in the same way as one's own goods. Pledging or transfer by way of security to third parties is not permitted. The buyer must inform the seller immediately of seizures or access by third parties to the goods delivered under retention of title by registered letter, in urgent cases by e-mail/fax. If the goods are treated or processed by the buyer, the retention of title also extends to the new item. When processing or combining with third-party items, the seller acquires co-ownership according to Sections 947, 948 BGB. As long as the retention of title exists, resale is only permitted in the ordinary course of business. The buyer hereby assigns the claims to which the buyer is entitled from the resale of the reserved goods, in the event of destruction or damage to the goods from the insurance or for another legal reason, and already now as a precaution to the seller, regardless of whether the reserved goods are without or after processing resold, destroyed or damaged. The seller accepts the assignment. If the reserved goods are processed with other materials not belonging to the seller, the assignment of the purchase price claim for the new items only applies to the amount of the value of the processed reserved goods if the value of the security given to the seller exceeds the seller's delivery claim by more than 25%, at the request of the buyer, the seller is obliged to release security at his own discretion.
complaint The goods must be checked immediately upon receipt. Complaints are only legally effective within 5 working days of the day the goods are received by the customer. Claims for defects can no longer be asserted 1 month after the written rejection of the notice of defects. The above conditions also apply to the delivery of goods other than those in accordance with the contract; they apply accordingly to other services. The seller is only liable for damages up to the amount of the invoice plus the freight costs. The liability for defects also refers to the assignment of any warranty claims insofar as I am entitled to them against the previous supplier.
Payments in the event of a complaint The contractual payment deadlines must also be observed if a notice of defects has proven to be justified to an insignificant extent. Even if the notice of defects is justified, the buyer may only temporarily withhold that part of the purchase price that corresponds to the value in dispute.
disputes The ordinary court or the arbitral tribunal for wood in Germany is responsible for disputes about the conclusion or implementation of this contract according to the association agreement on the arbitral tribunal for wood dated March 21, 1951, at the choice of the seller. The court first seized remains competent. The jurisdiction of the arbitral tribunal does not include lawsuits relating to bills of exchange and documents, claims for money, or applications for arrest and injunctions.
The above conditions also apply to all subsequent transactions, even if they have not been agreed for each individual case.
Should a part of these terms of delivery and payment be ineffective, the validity of the remaining provisions shall not be affected.
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