Conditions

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1. Scope
1.1. Unless otherwise agreed in writing, these General Terms and Conditions apply exclusively.
General terms and conditions of business that conflict with or deviate from these general terms and conditions
We do not recognize the buyer's unless we have agreed to their validity in writing.

1.2. Our general terms and conditions also apply to all future transactions with us in accordance with paragraph (1.1).
the buyer.

2nd offer
2.1. Our offers are non-binding. The documents belonging to the offer such as illustrations, drawings,

Weight and dimensions are only approximate unless they are expressly designated as binding.
2.2. The order signed by the buyer is binding. We are entitled to what is contained in the buyer's order
to accept a contract offer within two weeks of receipt by us by sending an order confirmation.
2.3. Our written order confirmation is decisive for the scope of the order. All ancillary agreements and
all changes to the order must be made in writing.
2.4. Our commercial and travel representatives are not authorized to make verbal subsidiary agreements, assurances, etc. that go beyond the content of our written order confirmation.
2.5. To information, in particular drawings, calculations and other documents that are sent to the buyer or third parties
are passed on, we reserve the right of ownership and copyright. You are allowed to persons other than the buyer
or made accessible to third parties.

3. Delivery and Delay in Delivery
3.1. Delivery dates or delivery periods must be stated in writing. They are not binding, unless they are in writing as
bindingly agreed. Delivery periods begin with the conclusion of the contract. If changes to the contract are subsequently agreed,
If necessary, a delivery date or a delivery period must be agreed again at the same time. Compliance with deadlines
of deliveries and services presupposes the timely receipt of all service or
Delivery components, necessary approvals and releases, in particular of plans and compliance with the
agreed terms of payment and other obligations. If these conditions are not timely
fulfilled, the deadline is extended appropriately.
3.2 . Since we are dependent on the respective delivery options of the manufacturers and suppliers, there is generally no legal claim to delivery of the desired/ordered goods or the desired/ordered quantity. This applies in particular in the case of production cessation or other non-deliverability of an item on the part of the manufacturer or supplier.
In these cases there is no obligation to perform on our part, whereby in the event of non-deliverability the buyer is within the scope of our
the respective state of knowledge is informed in advance.
3.3. The delivery period is met if the purchased item has left the factory or is ready for dispatch by the time it expires
is communicated. If a non-binding delivery date or a non-binding delivery period is exceeded by four weeks,
the buyer can request us in writing to deliver within a reasonable period of time. Come with the deadline of this request
we in default.
3.4. In addition to delivery, the buyer can demand compensation for any damage caused by the delay. falls to us
or our representatives or vicarious agents are charged with intent or gross negligence, we shall be liable according to the statutory provisions
Provisions, in the case of gross negligence or culpable breach of essential contractual obligations
in accordance with sentence 5 of this paragraph limited to the foreseeable damage typical of the contract. The rest is ours
liability for compensation due to delay in delivery to a maximum of 15% of the agreed remuneration (including sales tax).
Subject to sentence 5 of this paragraph. Further claims of the buyer are excluded.
The above limitations do not apply to liability for injury to life, limb or health.
3.5. If we are in default with the delivery, the buyer can give us a reasonable grace period in writing
Make a declaration that he will refuse to accept the purchased item after the deadline has expired. After the unsuccessful expiry of the grace period
the buyer is entitled to withdraw from the contract by means of a written declaration or to claim damages instead of performance
to demand. Paragraph 4 applies accordingly to claims for damages instead of performance. The right to delivery is in
excluded in the cases of the unsuccessful expiry of the grace period with the threat of rejection.
3.6. At our request, the buyer is obliged to declare within a reasonable period of time whether he
delay in delivery withdraws from the contract or whether he insists on delivery.
3.7. Partial deliveries and partial services are permitted as long as they are reasonable for the buyer.

4. Price and Payment
4.1. The price stated in the order confirmation is non-binding. The prices do not include sales tax
and apply ex works. Sales tax will be charged on the day of invoicing at the applicable statutory rate
Invoice shown separately. We reserve the right to change our prices accordingly if after
conclusion of the contract, cost reductions or cost increases occur, in particular due to wage agreements or material price changes. We will prove this to the buyer upon request.
4.2. The buyer is obliged to pay the price when the purchased item is handed over or when the invoice is sent. The deduction
discount requires a special written agreement.
4.3. If justified doubts about the creditworthiness of the buyer arise after the conclusion of the contract, we are entitled within
within a reasonable period of time, to demand payment in advance or the provision of security. If the buyer does not comply with this request in due time, we are entitled to withdraw from the contract after the deadline has expired.
4.4. Payment in advance, direct debit, mailing a check or bank transfer are accepted, with both
The acceptance as well as the refusal of one of the listed methods of payment is the exclusive responsibility of the company bemefa, es
the customer has no claim to the desired method of payment if we do not agree to it. us yet
Unknown new customers can generally only be supplied against prepayment. Depending on the order volume
we reserve the right to agree partial amounts as payment in advance. Any cash discounts and volume discounts will be given in advance
negotiated. Orders from abroad are only possible against prepayment. Any bank charges are to be borne in full by the customer, they are not included in the invoice amount (neither
to be deducted by the customer himself or by the bank)!
4.5. The buyer can only offset against our payment claims if the counterclaim of the buyer
is undisputed or a legally binding title exists. The buyer can only assert a right of retention
insofar as it is based on claims from the same contractual relationship.
4.6. Default interest is charged at 8% pa above the base interest rate. The assertion of further damage
is not excluded.
 

5. Contract Cancellations
5.1. Cancellations made by the buyer entitle the supplier to claim damages in accordance with the
Processing status of the affected order.

6. Transfer of risk, packaging, transport insurance
6.1. The risk of accidental loss and accidental deterioration of the purchased item passes to the buyer ex works
over. The same applies if the purchased item - at the request of the buyer to a place other than the place of business of the
Buyer sent and - to the forwarding agent, the carrier or the person otherwise responsible for carrying out the shipment
be handed over.
6.2. Transport packaging is taken back by the manufacturer and outside of public waste disposal
material recycling.
6.3. If the buyer so desires, the purchased item will be covered by transport insurance. In this regard, accruing
The buyer bears the costs.

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7. Liability for Defects, Other Liability, Statute of Limitations
7.1. Defects in the purchased item must be reported by the buyer immediately, but no later than 10 days after they become known
of the day of the first appearance and a concrete description of the defects in writing. Does the advert not match this
requirements, any liability for defects is excluded
7.2. In the event of proper notification, we are liable for defects in the purchased item as follows: If there is a defect, we are entitled to choose between remedying the defect or delivering a defect-free purchased item (subsequent performance). The prerequisite for liability for defects is that the defect is not insignificant. If one of the two or both types of supplementary performance is impossible or disproportionate, we are entitled to refuse it. We can also refuse subsequent performance as long as the buyer does not fulfill his payment obligations to an extent that corresponds to the defect-free part of the service rendered. We bear the expenses required for the purpose of supplementary performance. This does not apply to expenses incurred as a result of the purchased item being taken to a location other than the buyer's place of business
unless the shipment corresponds to its intended use.
7.3. Should the supplementary performance referred to in paragraph 7.2 be impossible or disproportionate or fail twice,
the buyer the right to choose whether to reduce the purchase price accordingly or to withdraw from the contract in accordance with the statutory provisions. This applies in particular to the culpable delay or refusal of supplementary performance.
The above provisions also apply to the delivery of a different item or a smaller quantity.
7.4. We are liable for intent or gross negligence on our part or on the part of one of our representatives or vicarious agents
legal regulations. For the rest, we are only liable under the Product Liability Act for injury to life,
of the body or health or because of the culpable breach of essential contractual obligations. However, the claim for damages for the violation of essential contractual obligations is limited to the foreseeable damage that is typical for the contract. Liability is also limited in cases of gross negligence to the contractually typical, foreseeable damage if none of the exceptional cases listed in sentence 2 of this paragraph apply.
7.5. Liability for damage caused by the purchased item to legal assets of the buyer or third parties, e.g. damage to other items,
however, is completely excluded. This does not apply if there is intent or gross negligence or because of an injury
of life, limb or health is liable or such damage in the event of a breach of essential contractual obligations
are contractual and foreseeable. In cases of gross negligence or breach of essential contractual obligations
liability is limited to the foreseeable damage that is typical for the contract.
7.6. The provisions of paragraphs 4 and 5 above extend to damages in addition to performance and damages
instead of performance, regardless of the legal reason, in particular due to defects, the breach of obligations arising from the contractual relationship or tort. They also apply to the replacement of futile expenses.
7.7. The limitation period for claims and rights due to defects in the purchased item is 1 year, calculated from the transfer of risk
or in the case of a takeover by the forwarding agent, the carrier or by the other person responsible for carrying out the shipment
specific person with takeover by this person. The limitation period of sentence 1 also applies to claims for damages that are not related to a defect. However, the limitation period of sentence 1 does not apply in the cases of
§ 438 para. 1 no. 1 BGB (defects of title in immovable property),
§ 438 para. 1 no. 2 BGB (buildings, things for buildings),
Section 479 (1) BGB (entrepreneur's right of recourse) or
Section 634a Paragraph 1 No. 2 BGB

(Buildings or works, the success of which consists in the provision of planning or monitoring services for this).

The deadlines mentioned in the previous sentence are subject to a limitation period of 3 years.

Claims for reduction and the exercise of a right of withdrawal due to defects in the product are excluded,

insofar as the claim for subsequent performance has become statute-barred.
7.8. The limitation periods of paragraph 7 do not apply in the case of intent or fraudulent concealment of defects
Claims for damages due to injury to life, limb, health or freedom, in the case of claims under
Product Liability Act, in the event of a grossly negligent breach of duty or in the event of a breach of essential contractual obligations.
7.9. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees,
Employees, employees, representatives and vicarious agents.

8. Retention of Title
8.1. We reserve ownership of all delivered goods until the buyer has received all current and future
has paid the claims arising from the business relationship.
8.2. In the event of breach of contract by the buyer, in particular default in payment, we are entitled to return the delivered goods
to take back. The buyer already agrees to a return in this case. In the withdrawal lies only then
a withdrawal from the contract if this is expressly declared by us. The costs we incur as a result of the return
(in particular transport costs) shall be borne by the buyer. Furthermore, we are entitled to refuse any resale to the buyer
or processing of the purchased item delivered under retention of title and the direct debit authorization
(paragraph 5) to revoke.
8.3. The buyer is obliged to treat the delivered goods with care; in particular, he is obliged to do this on his own
adequately insure the replacement value against elementary forces and theft. Claims resulting from this
the insurance is already assigned to us.
8.4. The buyer may not pledge the delivered goods and the claims that take their place or use them as security
assign nor assign. In the event of attachments or other interventions by third parties, the buyer must notify us immediately in writing
notify us so that we can file a suit in accordance with § 771 ZPO. Us despite a victory in the legal dispute according to § 771
The buyer has to bear the remaining costs of this action.
8.5. The buyer is entitled to resell, process or sell the purchased item in the ordinary course of business
mix. In doing so, however, he already assigns to us all claims arising from the resale, processing, and mixing
or for other legal reasons (in particular from security or tortious acts) in the amount of
final invoice amount agreed with us, including VAT. The buyer remains responsible for collecting these claims
authorized even after the assignment, whereby our authority to collect the claim ourselves remains unaffected.
However, we undertake not to collect the claim as long as the buyer meets his payment obligations from the
meets the proceeds received, is not in default of payment and no application for the opening of insolvency proceedings
has been made or payment has been suspended. If this is the case, however, the buyer has the assigned claims to us upon request
and to notify the debtor, to provide all information required for collection, the relevant documents
and to notify the debtor (third party) of the assignment. The direct debit authorization can be issued by us in the case of
breaches of contract (in particular default of payment) may be revoked by the buyer.
8.6. The retention of title also extends to those made by us through processing, mixing or connection
delivered goods at their full value, whereby these processes are carried out for us, so that we
are considered manufacturers. If processing, mixing or connection with parts of third parties retains their property rights,
we acquire co-ownership in relation to the objective values of these parts.

9. Liquidated Damages
9.1. If we are entitled to a claim for damages or a reduction in value against the buyer, against his representative or against his vicarious agents - for whatever legal reason - we are entitled to demand 20% of the agreed remuneration without
to demand further proof as damages or depreciation. The assertion of higher damages or
a higher depreciation remains reserved. The buyer is allowed to prove that damage or
Depreciation has not occurred at all or is significantly lower than the lump sum.

10. Final Provisions
10.1 Applicable law is the national law of the Federal Republic of Germany, excluding the UN Convention
on the International Sale of Goods (CISG).
10.2. The place of jurisdiction and fulfillment is our place of business. However, we are entitled to assert our claims to everyone
to assert another competent place of jurisdiction.
10.3. Should individual provisions be or become invalid in whole or in part, this will invalidate the validity of the
other provisions are not affected.

Status: 2024 –  All previous editions lose their validity.