General Terms and Conditions of sale, delivery and payment
§ 1 Scope
1. For all contracts concluded between Bernd Fischer GmbH & Co. KG and the Client, the following terms and conditions of Bernd Fischer GmbH & Co. KG shall apply exclusively, even if the Client orders or confirms under other conditions. Deviating, supplementary or other terms and conditions of the client are not recognised by Bernd Fischer GmbH & Co. KG and do not become part of the contract. Bernd Fischer GmbH & Co. KG does not require an explicit objection to the deviating, supplementary or other terms and conditions of the client. The following terms and conditions shall also apply if Bernd Fischer GmbH & Co. KG executes the Client’s order without reservation in the knowledge of conflicting or deviating conditions of the Client. In the event of an ongoing or future business relationship, the following terms and conditions shall apply to each individual order, even if no explicit reference is made (once again) to the terms and conditions of Bernd Fischer GmbH & Co. KG. At the latest at the time of receipt of the goods or services, these terms and conditions are deemed to have been accepted. Counter-confirmations of the Bernd Fischer GmbH & Co. KG does not apply to Bernd Fischer GmbH & Co. KG.
2. Ancillary agreements are only effective if they have been confirmed in writing by Bernd Fischer GmbH & Co. KG.
§ 2 Prices
1. The prices stated in the catalogues, price lists and offers of Bernd Fischer GmbH & Co. KG are valid in euros purely net from the manufacturer’s factory plus freight and packaging costs and the statutory value added tax, unless otherwise agreed.
2. All business transactions are governed exclusively by the prices quoted by Bernd Fischer GmbH & Co. KG in the offer, unless otherwise expressly agreed. Reference is made to the following paragraphs.
3. Subsequent changes at the Client’s instigation will be charged to the Client.
4. Changes in the number of pieces and in the execution are at the expense and expense of the customer.
5. The prices quoted in the offer of Bernd Fischer GmbH & Co. KG are subject to the proviso that the order data on which the tender is based remain unchanged.
6. All information provided by the Client in relation to the requested Execution, but especially with regard to the structural requirements and environmental conditions for possible installations, are considered binding. Additional costs resulting from deviations will be charged to the client.
§ 3 Offers
1. The offers of Bernd Fischer GmbH & Co. KG, including the delivery information, are subject to change and non-binding, unless these have been expressly designated as binding.
2. The documents included in the offer, such as drawings, illustrations, Samples and technical information are non-binding and without guarantee of correctness, unless they have been expressly designated as binding. Bernd Fischer GmbH & Co. KG reserves ownership, copyright and other property rights to the documents relating to the offer. The offers, designs and drawings may not be made available to third parties, in particular competitors, and may not be used for tendering purposes. If the If the order of Bernd Fischer GmbH & Co. KG is not placed, the drawings and other documents belonging to the offer are to be returned or deleted on request. Bernd Fischer GmbH & Co. KG reserves the right to charge a fee for samples, sketches, drafts and other project planning documents expressly requested by the customer, in particular even if the order is not placed.
3. For deliveries made according to samples sent by the customer or according to drawings provided to us by the customer, the customer assumes responsibility for any infringements of third-party property rights (registered designs, designs, trademarks, patents, utility models). In particular, we assume that the client has informed himself about any existing intellectual property rights. If, however, a claim is made against us by an owner of an intellectual property right for infringement of intellectual property rights because of the production design desired by the client, the client shall indemnify us against all claims in this regard.
4. In the case of advertising installations and general signs, including installation, the price includes any services for other trades, the costs of safety verifications and official Permits and disposal not included.
§ 4 Orders, delivery and transport
1. The Client submits a binding order, which shall be accepted as an offer for the conclusion of a contract, which Bernd Fischer GmbH & Co. KG is not obliged to accept. The conclusion of the contract results from the order confirmation of Bernd Fischer GmbH & Co. KG or from the delivery and service.
2. Delivery dates or deadlines that have not been expressly agreed as binding are exclusively non-binding information. The delivery times only begin with the receipt of all documents to be procured by the customer as well as the clarification of all technical questions and are stated at the best discretion. Delays may be caused by unforeseen events. Claims for damages resulting from this are excluded in any case, even after the expiry of a grace period set by the client.
3. In any case, shipment shall be made on account and uninsured at the risk of the customer, even if the shipment is made from the place of performance. Unless otherwise prescribed or agreed, the method of delivery will be chosen to the best of our discretion. Bernd Fischer GmbH & Co. KG does not assume any responsibility for the cheapest transport. Any insurance requested by the client shall be at the customer’s expense. Will the shipment be carried out on request or due to the fault of the client, the Bernd Fischer GmbH & Co. KG indemnify the goods at the expense and risk of the buyer. In this case, the indication of readiness for dispatch is the same as dispatch.
4. Over- or under-deliveries of up to 10% must be cancelled for technical reasons. reserved. Slight variations in font, arrangement, material, shapes and colours are reserved. No claims for compensation or further liabilities can be derived from this. Partial deliveries are permitted.
5. Any risk is associated with the readiness for dispatch of the goods or the notification of Bernd Fischer GmbH & Co. KG in this regard to the Client.
§ 5 Installation
1. In the case of installations, it is assumed that they can be carried out without hindrance and delay.
2. The installation prices, even if agreed as a fixed price, shall include: do not include the costs incurred as a result of the circumstances for which the client is responsible, delays occur or additional work is required. Any additional costs incurred as a result shall be borne by the Client.
3. After Bernd Fischer GmbH & Co. KG has declared that the assembly has been completed, the Client is obliged to carry out acceptance on site on the same day immediately after the completion of the assembly together with the fitter or another employee of Bernd Fischer GmbH & Co. KG assigned to him.
§ 6 Customized products
1. For the production of custom-made products, Bernd Fischer GmbH & Co. KG must be provided with precise information, e.g. drawings, sketches, measurements, samples, etc. clients. References to previous similar deliveries or telephone information are not sufficient under any circumstances. In cases of doubt, production is carried out at the discretion of Bernd Fischer GmbH & Co. KG.
2. If drafts are made, they remain the property of Bernd Fischer GmbH & Co. KG, even if pro rata costs are paid. They may not be reproduced, signed or made available to third parties without the written permission of Bernd Fischer GmbH & Co. KG. These designs are the intellectual property of Bernd Fischer GmbH & Co. KG and are therefore protected by law. Ideas or graphic templates of the client and the use of trademarks and already existing signets are excluded from this. The client expressly assures that the right of reproduction exists and assumes any responsibility for ensuring that the rights of third parties or official orders are not violated.
3. Design drawings, tools, samples and similar preparatory work initiated by the Client shall be charged even if the order is not placed. If there is a contract approved by the contracting authority, Subsequent changes at the instigation of the client will be invoiced.
§ 7 Cancelation and replacement
1. If the Client withdraws from the contract, a written declaration to Bernd Fischer GmbH & Co. KG is required for this withdrawal to be effective. The Client shall only have a right of withdrawal if this is expressly agreed in writing in the contract or provided for by law.
2. If a product is a custom-made product that has been specially made for the customer, there is no right of withdrawal and no right of exchange or return for the customer.
§ 8 Warranty / Liability
1. Defects in the delivery, including the absence of expressly promised Complaints about the delivery quantity must be reported to Bernd Fischer GmbH & Co. KG immediately after receipt of the goods and the notification must be received in writing by Bernd Fischer GmbH & Co. KG by the 8th day at the latest. If the customer fails to notify the customer, the goods/services shall be deemed to have been approved. The goods must still be in the condition of delivery. In the event of justified complaints acknowledged by Bernd Fischer GmbH & Co. KG, Bernd Fischer GmbH & Co. KG will take back the unprocessed goods and free replacement, repair or withdrawal from the purchase contract will take place at the discretion of Bernd Fischer GmbH & Co. KG. Bernd Fischer GmbH & Co. KG must be granted a reasonable period of time to do so.
2. If Bernd Fischer GmbH & Co. KG has been granted a contract approved by the Client, proof, there is a risk of any errors resulting from this Correction deductions are transferred to the client. The same applies to all other declarations of release by the customer for further production.
3. Defects in a part of the delivered goods do not entitle the holder to complain about the entire delivery.
4. In any case, the liability for defects shall be limited to the maximum value of the goods ordered. Claims for compensation for consequential damages or damages resulting from further processing beyond the foreseeable, contract-typical damage are excluded.
5. In any case, the warranty is provided to the maximum extent within the scope of the statutory provisions. Any further warranty claims are excluded.
6. The exercise of the right of retention of the purchase price or the set-off with counterclaims against Bernd Fischer GmbH & Co. KG are excluded.
7. Warranty claims and claims for damages on the part of the customer due to a defect shall become statute-barred one year from the date of delivery of the goods/services, unless the law provides otherwise.
§ 9 Extented retention
1. The delivered goods shall remain the property of Bernd Fischer GmbH & Co. KG against the Client until the purchase price has been paid in full as well as until payment has been made for all past or future deliveries of goods within the business relationship as well as until all claims, including all balance claims from current accounts, which Bernd Fischer GmbH & Co. KG is entitled to against the Client now or in the future, including all ancillary claims (in the case of payment by cheque or bill of exchange until their redemption) Bernd Fischer GmbH & Co. KG. Any claims arising from the resale or from any other legal reason (insurance, tort) in respect of the goods subject to retention of title, regardless of whether the resold goods have been processed or not, shall be incurred by the Client. to Bernd Fischer GmbH & Co. KG. Bernd Fischer GmbH & Co. KG hereby accepts the assignment. Pledging or transfer of title by way of security of the goods subject to retention of title or the assigned claims is not permitted. Goods that have already been assembled remain the property of Bernd Fischer GmbH & Co. KG until full payment has been made
2. The right of the contracting authority to act in the orderly movement of goods goods subject to retention of title ends as soon as he is in default. The Client revocably authorises Bernd Fischer GmbH & Co. KG to collect the receivables assigned to Bernd Fischer GmbH & Co. KG on behalf of Bernd Fischer GmbH & Co. KG in its own name. At the request of Bernd Fischer GmbH & Co. KG, the client will disclose the assignment and provide it with the necessary information and documents.
3. In the event of a breach of contract on the part of the Client, e.g. default of payment, Bernd Fischer GmbH & Co. KG has been within a reasonable period of time, the right to take back the goods subject to retention of title. If Bernd Fischer GmbH & Co. KG takes back the goods subject to retention of title, this constitutes a withdrawal from the contract. If Bernd Fischer GmbH & Co. KG seizes the goods subject to retention of title, this constitutes a withdrawal from the contract. Bernd Fischer GmbH & Co. KG is entitled to dispose of the goods subject to retention of title after the return. After deduction of a reasonable amount for the exploitation costs, the proceeds of the exploitation are to be offset against the amounts owed to Bernd Fischer GmbH & Co. KG by the client.
4. The Client shall treat the goods subject to retention of title with care and shall inspect them sufficiently at his own expense against damage caused by fire, water and theft. new value. Maintenance and inspection work that becomes necessary must be carried out by the client in good time at its own expense.
5. Any processing or transformation of the goods subject to retention of title by the Client shall in any case be carried out on behalf of Bernd Fischer GmbH & Co. KG. Insofar as the goods subject to retention of title are processed with other items that do not belong to Bernd Fischer GmbH & Co. KG, the latter acquires co-ownership of the new item in the ratio of the value of the goods subject to retention of title (final invoice amount including VAT) to the other processed items at the time of processing. The same applies to new items resulting from processing as to goods subject to retention of title. In the event of an inseparable mixing of the goods subject to retention of title with other items that do not belong to Bernd Fischer GmbH & Co. KG, the latter acquires co-ownership of the new item in proportion to the value of the goods subject to retention of title (final invoice amount including VAT) to the other mixed items at the time of mixing. If, as a result of the mixing, the Client’s property is to be regarded as the main matter, there is an agreement between the Client and Bernd Fischer GmbH & Co. KG that the Client shall be entitled to Bernd Fischer GmbH & Co. KG: transfers co-ownership of the property on a pro rata basis; Bernd Fischer GmbH & Co. KG hereby accepts the transfer. The sole and co-ownership of an object thus created for Bernd Fischer GmbH & Co. KG is kept by the client for the latter.
6. In the event of access by third parties to the goods subject to retention of title, in particular seizures, the Client shall draw attention to the ownership of Bernd Fischer GmbH & Co. KG and notify it immediately so that it can enforce its rights. If the third party is not in a position to reimburse Bernd Fischer GmbH & Co. KG for the judicial or extrajudicial costs incurred in this context, the client is liable for this.
§ 10 Payment
1. The payment plus the statutory value added tax shall be, irrespective of the Receipt of the goods, within the agreed terms of payment from Invoice date free of charge to the paying agent of Bernd Fischer GmbH & Co. KG. A payment shall only be deemed to have been made when Bernd Fischer GmbH & Co. KG is able to dispose of the amount. In the case of cheque payment, payment is not considered to have been made until the cheque has been cashed. If the client’s creditworthiness is insufficient, Bernd Fischer GmbH & Co. KG may in any case demand security for the purchase price or advance payment. In the case of new business relationships, Bernd Fischer GmbH & Co. KG reserves the right to send cash on delivery.
2. In the event of default of payment, default interest will be charged in the amount of the statutory provisions. In addition, all reminder and collection costs are to be replace.
3. A discount deduction is only permissible in the case of a special written agreement between Bernd Fischer GmbH & Co. KG and the client.
4. The Client shall be liable for set-off, even if notices of defects or counterclaims, may only be justified if the Counterclaims have been legally established or recognized as undisputed by Bernd Fischer GmbH & Co. KG.
§ 11 Image right for advertising purposes
If the objects delivered by Bernd Fischer GmbH & Co. KG are located in a public space, the Client agrees to the Use of image material created by Bernd Fischer GmbH & Co. KG for advertising purposes. The client may exclude the use of such images upon request. The use of location information and addresses of the objects requires the separate consent of the client.
§ 12 Privacy policy / Date storage
1. The Client agrees that Bernd Fischer GmbH & Co. KG may store and process the Client’s personal data for the purpose of processing the order. Our privacy policy can be found at: https://wheelstopper.net/en/privacy policy
§ 13 Place of fulfilment / Jurisdiction
1. Heilbronn shall be the place of performance and exclusive place of jurisdiction for deliveries and payments (including cheque and bill of exchange claims) as well as all disputes arising between Bernd Fischer GmbH & Co. KG and the Client arising from the contracts concluded between them, insofar as the Client is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in Germany. However, Bernd Fischer GmbH & Co. KG is also entitled to sue the client at his place of residence and/or place of business.
§ 14 Other
1. Should any of these terms and conditions be invalid for whatever reason, this shall not affect the validity of the remaining points.
2. Relations between the Contracting Parties shall be governed exclusively by the law in force in the Federal Republic of Germany. The application of the Uniform Law on the International Purchase of Goods, as well as the Act on the Conclusion of International Sales Contracts for Movable Goods, is excluded.