§ 1 Application
The following terms are used in relation to a person who at the conclusion of the contract in their commercial or independent professional activity (entrepreneurs), legal persons under public law and public special assets.
§ 2 General
(1) All deliveries, services and offers of Kille & Pleichinger GmbH & CO. Kg. (Hereinafter "Kille & Pleichinger") are subject to these General Conditions of Sale (AVB). These GTS are part of all contracts concluded WOLFF (hereinafter referred to as "clients") with its contracting partners regarding the goods or services it offers. The current AVB also apply to all future deliveries, services and offers to the Client. The current status can be found on the Internet at www.Kille & Pleichinger.de.
(2) Deviations from these AVB require the explicit written approval of Kille & Pleichinger. Terms and Conditions of the customer or third parties do not apply, even with unconditional performance or payment acceptance and although Kille & Pleichinger contradicts the terms and conditions in each individual case separately.
§ 3 Consulting
(1) & Kille Pleichinger advises customers only on request. In omitted statements is not advice.
(2) The consulting services of Kille & Pleichinger based solely on empirical values from within the company and include the state of science and technology a legally binding.
(3) The advice of Kille & Pleichinger extends only to the nature of its products, but not their use by the customer or its other customers; a nevertheless shall advice for use at the customer is not otherwise expressly agreed in writing, non-
(4) The advice of Kille & Pleichinger extends as product-
§ 4 Offer and Acceptance
(1) All offers Kille & Pleichinger are non-
(2) The order placed by the order is an offer to contract. Orders should normally be given in writing; phone orders transmitted run on the customer's risk.
(3) In order all the information must be provided to perform the contract. These are, in particular information to identify Product name (z. B. by item numbers) and the number of pieces.
(4) Missing, incorrect or incomplete information shall be deemed not expressly agreed and undertake Kille & Pleichinger not, neither in the sense of fulfillment and warranty still in the sense of compensation claims.
(5) Should the customer from order placed on the non-
(6) Additions and modifications to agreements made, including these General Conditions of Sale shall not be valid in writing. With the exception of managing clerk employees Kille & Pleichinger are not entitled to reach deviating verbal agreements. The written form of the fax transmission is sufficient.
§ 5 products texture
(1) Information obtained from Kille & Pleichinger the object of delivery or service (eg. As weights, dimensions, utility values, load capacity, tolerances and technical data) as well as representations of the same (eg. As drawings and pictures) are only approximately authoritative unless their usability for the contractually agreed purpose presupposes an exact match.
(2) Customary deviations and deviations stipulated or technical improvements due to legal regulations, as well as the replacement of components with equivalent parts shall be permitted provided they do not impair the usability for the contractually intended purpose.
§ 6 Prices and Payment
(1) Where no explicit price agreements have been made are the deliveries by Kille & Pleichinger valid on the day of the dispatch or pickup based on prices.
(2) The agreed prices are in doubt for the performance and scope of supply listed in the order confirmations. Additional or special services are charged separately. The prices are in EURO ex works plus packaging, VAT, for export deliveries customs and fees and other public charges.
(3) Invoices are to be paid within thirty days without any deductions, unless otherwise agreed in writing. With respect to the date of payment is the receipt by Kille & Pleichinger. Checks are only as payment after redemption. The legal provisions for default occurs (esp. § 286 para. 3 BGB), to calculate the default interest (esp. § 288 para 2 BGB) and the default package (§ 288 para. 5 BGB) apply.
(4) The set-
(5) Kille & Pleichinger is entitled to effect any outstanding deliveries or services only against advance payment or security or payable if their circumstances become known after conclusion of the contract, which are suitable to reduce the creditworthiness of the client much and through which the payment of the outstanding claims of Kille & Pleichinger by the contracting authority from the relevant contractual relationship (including other individual orders, applies to the same framework agreement) is endangered.
§ 7 shipping
(1) Unless otherwise agreed in writing effected delivery ex works.
(2) From Kille & Pleichinger Proposed deadlines and dates for deliveries and services are always approximate, unless is a fixed deadline or a fixed date expressly promised or agreed. If shipment has been agreed, delivery times and dates refer to the time of handover to the shipper, carrier or other for the transport contracted third party.
(3) Kille & Pleichinger may -
(4) Kille & Pleichinger not liable for impossibility of delivery or for delivery delays if these are caused by force majeure or other, at the time the contract unforeseen events (eg. As breakdowns of all kinds, difficulties in procuring material or energy, transport delays, strikes, legal lockouts, shortage of labor, energy or raw materials, difficulties in obtaining necessary regulatory approvals, official measures or missing, wrong or late delivery by suppliers), the Kille & Pleichinger is not responsible. If such events Kille & Pleichinger complicate the delivery or performance or make impossible and the hindrance is not only of a temporary nature is WOLFF is entitled to cancel the contract. If there are obstacles of a temporary nature to extend the delivery or performance deadlines or postpone the delivery or performance dates by the period of obstruction plus a reasonable start-
(5) & Kille Pleichinger is only entitled to make partial deliveries if
a. the partial delivery for the client as part of the contractual intended purpose,
b. delivery of the remaining ordered goods is ensured and
c. the customer does not incur any significant additional expenditure or additional costs (unless Kille & Pleichinger agrees to assume these costs).
(6) Device & Kille Pleichinger with a delivery or service in default or a delivery or service, for whatever reason, impossible, so the liability of Kille & Pleichinger for damages in accordance with § 10 of these General Conditions is limited him.
§ 8 Place of performance, dispatch, packaging, transfer of risk
(1) performance for all obligations from the contractual relationship is, unless otherwise agreed, the seat of Kille & Pleichinger in Ilsfeld.
(2) The shipping and packaging are subject to the professional judgment of Kille & Pleichinger.
(3) packaging and loading aids such. As pallets are provided by Kille & Pleichinger only for use. They are within 30 days from actual delivery in undamaged condition carriage paid, at our option to the seat of our commercial presence or the exterior asked by us and / or Depots returned. If it does not, we shall be entitled, after the 31st day after delivery a daily usage fee of 0.50 EUR excl. VAT. Per überlassenem piece package and / or to provide load support in accounting. The total payable fee is per piece but in no case more than 25, -
(4) The risk is the latest with the handover of the delivery item (the beginning of the loading is decisive) to the shipper, carrier or other certain designated to dispatch the Third to the contractor. This also applies if partial deliveries or Kille & Pleichinger has taken on other services (eg. As shipping or installation). If delivery is delayed or delivery due to circumstances for which the client is responsible, the risk is transferred from the day to the client on which the delivery item is ready for shipment and Kille & Pleichinger has notified the client.
(5) The shipment will be insured by Kille & Pleichinger only at the express request of the customer and at his expense against theft, breakage, transport, fire and water damage or other insurable risks.
§ 9 Warranty, Defects
(1) The warranty is one year from delivery or, if acceptance is required, from acceptance. The statutory warranty period in accordance with § 438 para. 1 no. 2 BGB remains unaffected.
(2) The items delivered must be carefully inspected immediately after delivery to the customer or a third party designated by him. They are terms of obvious defects or other defects that would have been recognized on an immediate, thorough investigation, as approved by the client if Kille & Pleichinger not after delivery approaching a written complaint within seven working days. With respect to other defects, the delivered goods shall be deemed approved by the Client if the complaint Kille & Pleichinger not approaching within seven working days after the date on which showed the defect; the lack of the client in normal use was recognized at an earlier time, but this earlier date for the beginning of the notice period shall prevail. At the request of a claimed WOLFF delivery item is carriage paid to WOLFF. In justified complaint Kille & Pleichinger reimbursed the cost of the cheapest way; this does not apply if the costs increase because the delivery item is located at a place other than the place of the intended use.
(3) In case of defects of the goods supplied Kille & Pleichinger is after its first obligated and entitled within a reasonable period to be taken decision to either repair or replacement. The authority reserves two attempts. In case of failure, d. H., Impossibility, unacceptability, refusal or unreasonable delay of repair or replacement, the customer can withdraw from the contract or reduce the purchase price accordingly.
(4) If a defect on the fault of Kille & Pleichinger, the client may claim damages under the conditions specified in § 10th
(5) In case of defects of components from other manufacturers which Kille & Pleichinger for licensing or actual reasons can not eliminate, Kille & Pleichinger will make its option its warranty claims against the manufacturers and suppliers for the principal's account or assign to the client. Warranty claims against Kille & Pleichinger with such deficiencies under other conditions and in accordance with these General Terms and Conditions only if the legal enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or, for example due to insolvency, is hopeless. During the duration of the legal dispute, the limitation of the relevant warranty claims by the customer against Kille & Pleichinger is inhibited.
(6) The guarantee is void if the customer changes the delivered goods without the consent of WOLFF or has it modified by third parties and the removal of defects is thus impossible or unreasonably difficult. In any case, the client has to bear the costs of the change costs of remedial measures.
(7) carried out an agreed individually with the customer delivery of used items without any warranty for defects.
§ 10 Liability for damages due to negligence
(1) The liability of Kille & Pleichinger for damages, regardless of the legal grounds, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations in contract negotiations and tort, insofar as it is in matters of fault, after with this § 10 regions. The limitations of § 10 shall not apply to the liability of Kille & Pleichinger of deliberate conduct, for guaranteed characteristics, for injury to life, limb or health or according to the Product Liability Act.
(2) & Kille Pleichinger not liable in cases of simple negligence of its organs, legal representatives, employees or other agents as it is not a breach of contractual obligations. Essential contractual obligations are the obligation of timely delivery and installation of the delivery item, its freedom from defects that impair its functionality or suitability for use more than just irrelevant, consulting, and duties regarding which enable the client the contractual use of the delivered goods or the protection the lives and health of the client's personnel or protection of the property object from significant damage.
(3) If Kille & Pleichinger according to § 10 (2) shall be liable on its merits for damages, this liability is limited to damages WOLFF foresaw when concluding the contract as a possible consequence of a breach of contract or he due diligence should have foreseen when. Indirect damages and consequential damages are the result of defects of the delivery item, are also only eligible for compensation if such damage under normal use of the delivered goods are typically to be expected.
(4) In the event of liability for simple negligence the liability of WOLFF for property damage and resulting loss of damage to an amount of EUR 10 million per claim is limited, even if it is a breach of contractual obligations.
(5) The foregoing exclusions and limitations apply to the same extent in favor of the organs, legal representatives, employees and other agents of Kille & Pleichinger.
(6) If Kille & Pleichinger provides technical information or acts as a consultant and this information or advice is not part of the owed contractually agreed scope of services, this is done free of charge and without any liability.
§ 11 Comprehensive Retention of title
(1) The following agreed retention of title serves to secure all existing current and future claims by Kille & Pleichinger against the client from the existing supply relationship between the parties (including balance claims from a limited to this supply relationship current account).
(2) The information provided by Kille & Pleichinger to the principal goods until full payment of all secured claims ownership of WOLFF. Goods and according to the following provisions taking its place, recognized by the retention of title is hereinafter called "conditional goods".
(3) The client shall keep the reserved goods for Kille & Pleichinger.
(4) The customer is at the request of Kille & Pleichinger all necessary information on the inventory of the property of Kille & Pleichinger goods and the claims assigned to WOLFF demands.
(5) The client is entitled to the reserved goods until the occurrence of the enforcement event (paragraph 10) to be processed in the normal course of business and sell. Way of security are not permitted.
(6) If the goods are processed or transformed by the client, it is agreed that the processing or transformation is effected in the name and on behalf of Kille & Pleichinger as a manufacturer and Kille & Pleichinger directly the property or -
(7) In the case of resale of the goods the Client any resulting claim against the purchaser occurs for security purposes -
(8) If third parties to the reserved goods, in particular by garnishment, the client will immediately indicate the ownership of Kille & Pleichinger and WOLFF inform you about, to enable it to enforce their property rights. If the third party is not able Kille & Pleichinger to refund the costs arising from the judicial or extrajudicial costs, shall be liable for the Client & Kille Pleichinger.
(9) & Kille Pleichinger the reserved goods and take their place items or claims will release on request at its option, if their value exceeds the amount of the secured claims by more than 20%.
(10) If Kille & Pleichinger breach of contract by the client -
§ 12 Property Rights
(1) & Kille Pleichinger is according to this § 12 to ensure that the delivery item is free of industrial property rights or copyrights. Each party will notify the other party immediately in writing if he against claims of infringement of such rights are invoked.
(2) In the event that the delivery item infringes someone else an intellectual property right or copyright, is Kille & Pleichinger modify at its discretion and at its expense the delivery item such or replace that no third party rights be violated, the delivery item but continues to fulfilled contractual functions or provide the customer with a license agreement the right of use. Succeed Kille & Pleichinger this within a reasonable time not, the customer is entitled to rescind the contract or reduce the purchase price appropriately. Any claims for damages of the client subject to the restrictions of § 10 of these GTC.
(3) For rights violations by delivered by Kille & Pleichinger party products Kille & Pleichinger will make its option its claims against the manufacturers and for the account of the client or assign to the client. Claims against Kille & Pleichinger exist in these cases, according to this § 12 only if the legal enforcement of the aforementioned claims against the manufacturer and was unsuccessful or, for example due to insolvency, is hopeless.
§ 13 Final Provisions
(1) Place of jurisdiction for any disputes arising from the business relationship between Kille & Pleichinger and the customer's choice of Kille & Pleichinger Ilsfeld or domicile of the Principal. For complaints against Kille & Pleichinger Ilsfeld exclusive jurisdiction. Mandatory statutory provisions regarding exclusive jurisdiction remain unaffected by this provision.
(2) The relations between Kille & Pleichinger and the customer are subject to the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980 (CISG) does not apply.
(3) If the contract or these GTC contain loopholes, apply those omissions by those legally valid provisions agreed that the parties would have agreed to the commercial aims of the contract and the purpose of these General Conditions, if they had known about the omission.
The customer takes note that Kille & Pleichinger stores data from the contractual relationship in accordance with § 28 Federal Data Protection Act for the purpose of data processing and reserves the right to use the data as necessary to fulfill the contract, to third parties (eg. As affiliated companies, insurance companies) to transfer.
Kille & Pleichinger GmbH & Co. KG