delivery terms
§ 6 deliveries
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(1) Delivery dates or periods are non-binding, unless otherwise agreed in writing. A deadline agreed in this way is met if Brüko has dispatched the goods by the time it expires or has informed the customer that the goods are ready for dispatch or that they can be picked up. (2) In the event of a delay in delivery, claims for damages by the buyer are excluded unless they are based on intent or gross negligence. (3) In the event of delivery disruptions due to force majeure, including strikes, lockouts, official or statutory orders, the statutory provisions apply.
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§ 7 prices
(1) The prices stated on the Internet are final prices, ie they include the applicable German VAT and other price components. Unless otherwise agreed, the prices apply plus shipping costs. (2) Invoices are issued according to the price lists valid on the day of delivery, if available, unless otherwise agreed in writing.
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§ 8 Prohibition of offsetting / right of retention
(1) The customer is not entitled to offset or withhold payment, unless the counterclaims are not disputed by Brüko or have been legally established. (2) The same applies to the assertion of a right of retention on the part of the customer.
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§ 9 retention of title
(1) If the customer is a consumer, the delivered goods remain the property of Brüko until the invoice amount has been paid in full.
(2) If the customer is an entrepreneur, the delivered goods remain the property of Brüko until full payment of all other claims arising from the business relationship with Brüko, including a credit balance resulting from a current account relationship.
The following paragraphs also apply to entrepreneurs:
(3) The goods remain the property of Brüko until the purchase price has been paid in full, including all ancillary claims. Processing or transformation is always carried out for the seller as the manufacturer, but without any obligation for him. If the seller's (co-) ownership expires through connection, it is already agreed that the buyer's (co-) ownership of the uniform item shall pass to the seller in proportion to the value (invoice value). The buyer keeps the (co-) property of the seller free of charge. Goods to which the seller has (co-) ownership are referred to below as reserved goods.
(4) The customer is in the normal course of business to resell the reserved goods and collect the proceeds as long as he is not in default. Pledging or other security transfers are not permitted. In any case, the authorization ends automatically if an application is made to open insolvency proceedings against the purchaser's assets.
(5) The customer must immediately notify any impairment of the retention of title (in particular through seizure of the retention of title goods or claims assigned to Brüko) and affirm the existence of the retention of title to the third party creditor in lieu of oath.
(6) The customer hereby assigns in advance all claims arising from the resale of the goods subject to retention of title as well as any other claims as security to Brüko. Brüko accepts this assignment. The customer is entitled to collect the claims himself as long as Brüko does not give him any other instructions. This authorization to collect can only be revoked if the buyer does not properly meet his payment obligations or if insolvency proceedings are initiated against the buyer's assets. If the value of the security interests selected according to this agreement exceeds the outstanding claims of Brüko by more than 20%, then, at the request of the customer, Brüko shall release the securities to which Brüko is entitled; The choice of release will be made by Brüko according to its best judgment.
(7) If the purchaser includes claims from the resale of the goods subject to retention of title in an existing current account relationship with a third party, the respective recognized periodic balance applies after the individual current account claims have been netted or - if this is in turn entered in the current account - the balance upon termination of the The final balance arising from the current account relationship has been assigned proportionally, up to the amount of the claims entered in the current account from the resale of the goods subject to retention of title, but limited to the amount of the invoice value of the goods subject to retention of title. If Brüko's claims are included in an existing current account relationship with the customer, the agreed retention of title and the assignment of security shall apply as security for Brüko's proportional balance claims.
(8) If the customer does not pay his outstanding debts to Brüko, Brüko is entitled to withdraw from the contract by declaration of withdrawal in accordance with the statutory provisions and to assign the goods in our reserved property or the assignment of surrender and other claims of the customer against third parties demand. In this case, Brüko is also entitled to notify the debtors of the customer at the purchaser's expense and to collect the claims himself. For this purpose, the customer is obliged to inform Brüko of the name and address of the respective debtor as well as the respective amount of the claim.
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§ 10 Shipping and Transfer of Risk
(1) The risk passes to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left the seller's factory for the purpose of dispatch.
(2) If the dispatch is delayed at the request of the buyer, the risk is transferred to him when the readiness for dispatch is reported.
(3) The above paragraphs do not apply if the buyer is a consumer (purchase of consumer goods within the meaning of Section 474 of the German Civil Code).
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§ 11 payment
(1) The purchase price is due when the ordered goods are dispatched, unless prepayment has been agreed.
(2) The customer is in default 14 days after the due date without any further explanation from Brüko, insofar as he has not fulfilled the payment claim owed.
(3) If the customer is a consumer, the interest rate for default interest for payment claims for the year is five percentage points above the base rate.
(4) If the customer is an entrepreneur, the interest rate for default interest for payment claims for the year is eight percentage points above the base rate.
(5) If the customer is an entrepreneur, all other outstanding claims, including bills of exchange, are due immediately in the event of default in payment. In this case, Brüko is also entitled to withdraw from ongoing contracts, to stop deliveries from ongoing contracts or to make them dependent on the provision of securities or only to carry them out against cash on delivery. The same applies if there is a significant deterioration in the buyer's financial circumstances (e.g. bills of exchange or check protests), or if we only become aware of circumstances after acceptance of the order that make the granting of credit appear questionable. In all such cases, we also reserve the right to make use of our retention of title in accordance with § 7 and, for this purpose, to accept and retrieve the remaining stock from our deliveries during normal business hours at the buyer.
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§ 12 Warranty and Liability
(1) If the purchased item is defective, the statutory provisions apply. The assignment of these claims by the customer is excluded.
(2) As far as the contractual liability of Brüko is excluded or limited, this also applies to the personal liability of representatives, employees and vicarious agents.
(3) Unless otherwise stated in the following, further claims by the customer - regardless of the legal reasons - are excluded. Accordingly, Brüko is not liable for damage that has not occurred to the delivery item; in particular, there is no liability for lost profit or other financial losses of the customer.
(4) If Brüko breaches essential contractual obligations, at least negligently, the liability for property damage is limited to the amount of typically foreseeable damage.
(5) The above limitations of liability do not apply in the event of personal injury or if the cause of the damage is based on intent or gross negligence. The same applies if the customer makes legally regulated claims.
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§ 13 Statute of Limitations
(1) If the purchaser is a consumer, his contractual claims for damages and his claims for reimbursement of wasted expenses expire in two years. (2) If the purchaser is an entrepreneur, contrary to Paragraph (1), claims for defects expire 12 months from the transfer of risk. (3) Paragraph (1) and paragraph (2) do not apply in the event of an intentional or grossly negligent breach of duty, a breach of essential contractual obligations (cardinal obligations) or personal injury. The same applies if the customer makes legally regulated claims.
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§ 14 Applicable Law
(1) German law applies to the exclusion of the UN Sales Convention (CISG) and the reference norms of international private law. (2) If the purchaser is a consumer, paragraph (1) only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
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§ 15 Agreement on the place of jurisdiction
(1) For legal disputes arising from contracts that are subject to these General Terms and Conditions, Kitzingen is the exclusive place of jurisdiction, provided the customer is a merchant or has his place of residence outside the EU. (2) The same applies if the customer is a legal entity under public law or a special fund under public law.
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§ 16 severability clause (partial invalidity)
Should a provision in these terms and conditions or a provision in the context of other agreements be or become wholly or partially ineffective or contain gaps, this shall not affect the validity of all other provisions or agreements. The contracting parties should replace an ineffective regulation with a regulation that is as similar as possible in terms of economic success.
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