Terms of delivery and payment
All deliveries are based on the following terms of delivery and payment. 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 usage
For all deliveries, the “Tegernsee customs” in the currently valid version with their attachments and their appendix apply, unless otherwise agreed in writing or determined below.
All offers are subject to change. Orders are only legally binding if a written order confirmation has been issued. The delivery note or the invoice also serves as the order confirmation. Verbal and telephone declarations or agreements are only legally binding for the seller if they have been confirmed in writing or have been met through performance. This applies in particular to orders that representatives or travelers have completed.
- Fulfillment and jurisdiction:
Shipment takes place for the account and risk of the buyer, even if free 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 of the cheapest freight. Goods reported as ready for dispatch must be called up immediately, otherwise the seller is entitled to store them at the buyer’s expense and risk at his own discretion and to consider and invoice them as delivered from the warehouse or ex works.
The place of performance for the payment of the purchase price and for the other services of the buyer is always the place of commercial establishment of the seller.
In the event of a dispute, the Bad Kissingen District Court or the Schweinfurt District Court shall be the agreed place of jurisdiction.
Unless otherwise agreed, the prices are free to be loaded at the point of departure of the goods.
- Transport risk and freight template:
The transport costs and risk are borne by the buyer.
- Delivery times:
The specified delivery times are basically only to be regarded as approximate and are non-binding for the seller. Exceeding these generally does not entitle the recipient to assert any delay penalties or claims for damages.
- Billing and payment:
The invoice is issued separately for each shipment under the date of the dispatch day. This also applies to partial deliveries. Agreeable payment periods start to run from this day.
Unless otherwise agreed, advance payments made for contracts are offset against the individual partial deliveries on a pro rata basis.
If bill of exchange payment is agreed, the taxed bill of exchange must be given immediately after delivery. Its term may not exceed 90 days from the date of the invoice. The discount expenses are borne by the buyer. The rates that are 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 must be paid for immediately. If payment is not made on time, even without a warning or fault on the part of the buyer, interest of at least 3% above the respective discount rate of the Deutsche Bundesbank and expenses are to be paid. The right to assert further damage remains unaffected. Deductions of any kind from the invoice amount are not permitted. Bills of exchange will only be accepted on account of payment. Credit notes for bills of exchange or checks are always subject to receipt and are made on the value date of the day from which the seller can dispose of the equivalent.
Discount charges, stamp duty and collection fees, as well as interest are charged to the buyer and are due immediately. The seller assumes no liability for timely submission or protests.
The requirement for delivery is unconditional creditworthiness of the buyer. If the financial situation of the buyer turns out to be unfavorable during the term of the contract, or after conclusion of the contract, the seller receives information that does not make the granting of a loan in the amount of the order with the seller seem unobjectionable, or if facts arise that allow doubts in this regard, or if the buyer does not meet due obligations from these or other contracts, the purchase price claim is 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 ordered back. If bills of exchange are accepted by the buyer and the circumstances of the buyer or one of the parties obliged to change are unfavorable, he is entitled to demand cash payment despite accepting the bill.
- Retention of title:
The delivered goods remain the property of the seller until the buyer has paid all claims from the business relationship, in particular any current account balance. It is to be stored separately from the other goods of the recipient, insofar as this is operationally possible, and to be secured and insured against fire, theft and spoilage as own goods. Pledging or transfer by way of security to third parties is not permitted. The buyer must immediately inform the seller of attachments or third-party access to the goods delivered under retention of title by registered letter, in urgent cases by email / fax. If the buyer treats or processes the goods, the retention of title also extends to the new item. The seller acquires co-ownership in accordance with §§947, 948 BGB in the processing or connection with foreign objects. As long as the retention of title exists, resale is only permitted in the ordinary course of business. As a precaution, the buyer hereby assigns to the seller, from the resale of the reserved goods, in the event of destruction or damage to the goods from the insurance or for any other legal reason, 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 that do not belong to the seller, the assignment of the purchase price claim for the new items only applies to the value of the processed reserved goods. If the value of the security given to the seller exceeds the seller’s total delivery request by more than 25%, the seller is obliged to release security at his option upon request of the buyer.
- Notice of defects:
The goods must be checked immediately after receipt. Complaints are only legally effective within 5 working days from the day the goods are received by the customer. Claims for defects can no longer be made 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 the contract; they apply accordingly to other services. The seller is only liable for damages up to the amount of the invoice plus freight costs. The liability for defects also relates to the assignment of any warranty claims as far as I am entitled to the supplier.
- Payments for notification of defects:
The contractual payment dates are also to be kept if a notice of defects to an insignificant extent has proven to be justified. Even if the complaint is justified, the buyer may only temporarily withhold the part of the purchase amount that corresponds to the value in dispute.
The ordinary court or the arbitral tribunal for wood in Germany is responsible for disputes about the establishment or the implementation of this degree at the discretion of the seller in accordance with the association agreement on the arbitral tribunal wood of March 21, 1951. The court first called remains responsible. The arbitral tribunal is not responsible for actions in the bill of exchange and deed process, actions for monetary claims, applications for arrests and injunctions.
- The above conditions also apply to all subsequent transactions, even if they have not been agreed for each individual case.
- Should any part of these terms of delivery and payment be ineffective, the validity of the remaining provisions is not affected.