General terms and conditions of Wölfle GmbH
§ 1 Scope
(1) These terms and conditions of sale apply exclusively and only to entrepreneurs within the meaning of Section 310 Paragraph 1 BGB. We only recognize any conditions of the purchaser that conflict with or deviate from the terms and conditions of sale if we expressly agree to their validity in writing.
(2) These terms and conditions of sale also apply to all future transactions with the customer, as long as they involve legal transactions of a related nature.
§ 2 Offer and conclusion of contract
If an order is to be viewed as an offer in accordance with Section 145 of the German Civil Code (BGB), we can accept it within two weeks.
§ 3 Documents provided
All documents provided to the customer in connection with the placing of the order, such as: B. Calculations, drawings, etc., we reserve ownership and copyright. These documents may not be made accessible to third parties unless we give the customer our express written consent to do so. If we do not accept the customer's offer within the period specified in Section 2, these documents must be returned to us immediately.
§ 4 Prices and payment
(1) Unless otherwise agreed in writing, our prices are ex works, excluding packaging and plus VAT at the applicable rate. Packaging costs will be charged seperately.
(2) Payment of the purchase price must be made exclusively to the account specified overleaf. The deduction of a discount is only permitted if there is a special written agreement.
(3) Unless otherwise agreed, the purchase price is payable within 14 days of the invoice date. Interest on late payments will be charged at a rate of 8% above the respective base interest rate p.a. The right to claim higher damages due to default remains reserved.
(4) Reasonable price changes due to changes in wages, materials and sales costs for deliveries that occur 3 months or later after conclusion of the contract remain reserved.
§ 5 Offsetting and retention rights
The customer only has the right to offset if his counterclaims have been legally established or are undisputed. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 6 Delivery time
(1) The start of the delivery time specified by us requires the clarification of all technical questions as well as the timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved.
(2) If the purchaser defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for any damage we incur, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the purchaser at the point in time at which the purchaser is in default of acceptance or debtor.
(3) Further legal claims and rights of the purchaser due to a delay in delivery remain unaffected.
§ 7 Transfer of risk upon shipment
If the goods are sent to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon dispatch to the customer, at the latest when they leave the factory/warehouse. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.
§ 8 Retention of title
(1) We reserve ownership of the delivered item until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to take back the purchased item if the purchaser behaves in breach of contract.
(2) The purchaser is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. If maintenance and inspection work needs to be carried out, the purchaser must carry this out in a timely manner at his own expense. As long as ownership has not yet been transferred, the purchaser must notify us immediately in writing if the delivered item is seized or is subject to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the purchaser is liable for the loss incurred by us.
(3) The customer is entitled to resell the reserved goods in the normal course of business. The customer hereby transfers the customer's claims from the resale of the reserved goods to us in the amount of the final invoice amount agreed with us (including more
Purchasing conditions of Wölfle GmbH
1. Offer: The supplier must adhere precisely to our request in its offers with regard to quantity and quality and expressly point this out in the event of deviations. Offers must be made free of charge.
2. Orders: Only written orders are valid. Verbal and telephone agreements require written confirmation to be binding.
3. Delivery time: The delivery time begins on the day of our order. If the supplier does not fulfill the order within the agreed time, he is liable in accordance with the statutory provisions. Circumstances that make it impossible to meet the delivery times must be reported to us immediately after they become known.
4. Shipping: Unless otherwise agreed, delivery must be made free to the receiving station. Delivery must always be made from the supplier's station. Truck goods may only be delivered during normal daily working hours, except on Saturdays. Outside of these hours, third-party trucks cannot be permitted to handle goods. Our approval must be obtained in advance when larger consignments and weights are to be delivered by truck. The risk of transport is borne by the supplier in all cases.
Our order numbers and subject notes must always be stated in the waybills, express notes, postal consignment notes and motor vehicle waybills. Furthermore, a detailed delivery note with the above symbols must be enclosed with each shipment and each postal parcel. On the day of departure, a detailed shipping note with gross and net weights, symbols of the packages, description of the items, number of pieces or dimensions, as well as our order number must be sent to us for each shipment.
The supplier is liable for damages and costs, in particular also wagon demurrage, relocation costs, special shunting costs, etc., that arise due to non-compliance with our shipping regulations.
If our orders are subcontracted, our supplier is liable for compliance with our shipping regulations by its subcontractors.
5. Insurance: The supplier is obliged to properly insure parts completed for this order and ready for collection from him against fire, theft, etc.
6. Packaging: Packaging is not reimbursed, but can be returned on request if not included in the price.
7. Warranty: The goods delivered must correspond to the documents underlying this order, such as drawings, specifications, descriptions or samples. Unless otherwise agreed, the supplier assumes a warranty for its deliveries in accordance with the statutory provisions. We are entitled to make goods that have not been delivered in accordance with the regulations or are defective available to the supplier, even if the defects only become apparent during processing. The supplier's warranty obligation also applies to damage for which no reservation has been made within the meaning of Section 484 of the German Civil Code. In the event of a defect, we are entitled to demand free repair. The warranty period is in any case 36 months from commissioning. In urgent cases, we are entitled to remedy the defects ourselves or have them remedied by others at the supplier's expense, without prejudice to our other claims.
8. Terms of payment: Unless otherwise agreed, payment of the supplier's invoices is made on the 25th of the month following receipt of the goods at our factory and receipt of the invoice with a 3% discount, 60 days net. In the event of a reduction in a tax included in the price or a deduction of any kind in the period from the placement of the order to completion, we are entitled to demand a corresponding price reduction. Complaints about the delivery entitle us to withhold payments due.
9. The place of performance is Ochsenhausen. The place of jurisdiction for both parties is Biberach an der Riß. This place of jurisdiction is also agreed in the event that claims are asserted by means of a dunning procedure.
10. The delivery conditions underlying the offer, order confirmation or invoice of the supplier are only valid insofar as they do not contradict the above conditions and are acknowledged in writing. This also applies if the supplier confirms the order in accordance with its terms of sale and we do not accept this confirmation.