General terms of delivery and payment of Karlhans Lehmann AG
We confirm your order under the exclusive validity of our general terms and conditions of sale printed on the reverse.
§ 1 validity
(1) These sales conditions apply exclusively. Deviating or conflicting conditions will not be recognized by us unless we have expressly agreed to them in writing.
(2) These conditions of sale also apply to all future transactions between the parties and also if we deliver the goods in the knowledge of deviating or conflicting conditions.
(3) These General Conditions of Sale only apply to companies, legal entities under public law or special funds under public law within the meaning of Section 310 (1) BGB.
§ 2 offer, acceptance
If the order represents an offer within the meaning of Section 145 BGB, we are entitled to accept this within a period of two weeks.
§ 3 prices, payment
(1) Our prices are ex works, plus the respective statutory sales tax and excluding the costs for packaging, unless expressly agreed otherwise.
(2) The purchase price is due for payment net within 30 days from the date of the invoice. After the due date, default interest of 8% above the respective base rate p. a. calculated. We reserve the right to claim further damage caused by default.
§ 4 Offsetting, retention
The buyer is only entitled to offset if his counterclaims are undisputed or have been legally established. The buyer is only entitled to assert rights of retention based on counterclaims from the same contractual relationship
§ 5 delivery
(1) Delivery requires the timely and proper fulfillment of the buyer’s obligations. The exception of the unfulfilled contract remains reserved.
(2) In the event of default in acceptance or any other culpable breach of duty to cooperate on the part of the buyer, we are entitled to compensation for the resulting damage, including any additional expenses. We reserve the right to make further claims. In this case, the risk of accidental loss or accidental deterioration of the goods is transferred to the buyer at the time of default in acceptance or any other breach of duty to cooperate.
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§ 6 Transfer of Risk, Dispatch
If the goods are dispatched at the buyer’s request, the risk of accidental loss and accidental deterioration of the goods is transferred to the buyer at the time of dispatch.
§ 7 retention of title
(1) The goods remain our property until all payments have been received in full. In the event of a breach of contract by the buyer, including default in payment, we are entitled to take back the goods.
(2) The buyer must treat the goods with care, insure them appropriately and, if necessary, maintain them.
(3) If the purchase price has not been paid in full, the buyer must inform us immediately in writing if the goods are encumbered with third-party rights or other third-party interventions.
(4) The buyer is entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, however, he already now assigns to us all claims from such a resale, regardless of whether this takes place before or after any processing of the goods delivered subject to retention of title. Regardless of our authorization to collect the claim ourselves, the buyer remains authorized to collect the claim even after the assignment. In this context, we undertake not to collect the claim as long as and to the extent that the buyer fulfills his payment obligations, no application has been made to open insolvency or similar proceedings and there is no suspension of payments.
(5) Insofar as the above-mentioned securities exceed the claims to be secured by more than 10%, we are obliged to release the securities according to our selection at the request of the buyer.
§ 8 Warranty
(1) The prerequisite for any warranty rights of the buyer is his proper fulfillment of all inspection and complaint obligations owed according to § 377 HGB.
(2) Warranty claims can be asserted within 12 months after the transfer of risk.
(3) In the event of defects in the goods, the buyer has the right to subsequent performance in the form of removal of the defect or delivery of a defect-free item. If the subsequent performance fails, the buyer is entitled to reduce the purchase price or to withdraw from the contract.
§ 9 liability
(1) In the event of willful intent or gross negligence on our part or on the part of our representatives or vicarious agents, we are liable in accordance with the statutory provisions; also in the case of culpable breach of essential contractual obligations. Unless there is an intentional breach of contract, our liability for damages is limited to the foreseeable, typically occurring damage.
(2) Liability for culpable injury to life, limb or health as well as liability under the Product Liability Act remain unaffected.
(3) Unless otherwise expressly regulated above, our liability is excluded.