Scope of delivery
1. For the scope of delivery and services regarding the delivery item is the written
Order confirmation of the supplier decisive, in the case of an offer of the supplier with temporal binding
and the timely acceptance of the offer, if there is no timely order confirmation.
2. Additional agreements and changes require the written confirmation of the supplier. Named by the supplier
Weight, measurement, performance and consumption values as well as other information on the delivery item are only
approximate guide values regardless of the type or location of their playback. Only such properties
of the delivery item, which is stated in an express guarantee in writing and by the
Supplier are legally valid, are considered as guaranteed in the sense of § 443 BGB.
3. Design and form changes of the delivery item remain reserved to the supplier, as far as the
Delivery item itself is not significantly changed and the changes are reasonable for the customer.
4. Other services, such as installation, assembly or commissioning of the delivery item are not included
to the scope of delivery.
1. The delivery period begins with the legal validity of the order. If the customer fails to comply with this
Time to fulfill all the obligations incumbent on it, in particular the timely provision of
required official certificates or permits as well as the performance of the contract
agreed down payment, the delivery period is extended accordingly. This does not apply if the supplier has the
Delay is responsible.
2. Compliance with the delivery deadline is subject to correct and timely delivery to the supplier
3. The delivery deadline is met if the delivery item has left the factory by the end of its term or if the delivery date has expired
Readiness for shipment. If the shipment of the delivery item is delayed for reasons that the
Buyer is responsible, so the buyer, starting one month after the notification of
Willingness to ship, the cost of delay charged.
4. Failure to meet the delivery deadline is due to force majeure, labor disputes or other events which
If the supplier is not in the sphere of influence, the delivery term is extended
appropriate. The aforementioned circumstances are not the responsibility of the supplier even if they
arise during an already existing default. The supplier will give the customer the beginning and the
Report the end of such circumstances as soon as possible.
5. The customer can rescind the contract without setting a deadline, if the supplier has the entire
Performance before the transfer of peril finally becomes impossible. In addition, the customer can order from
Rescind contract if the execution of a part of the delivery becomes impossible for an order and has a legitimate interest in the rejection of the partial delivery. If this is not the case, then the customer has
to pay the contract price attributable to the partial delivery. The same applies in case of inability of the supplier. in the
Otherwise, Section XI.2 of these Conditions shall apply. If the impossibility or inability occurs during the
Acceptance delay or is the purchaser for the circumstances of impossibility or inability
alone or largely responsible, he remains obliged to return.
6. If the supplier is in default and the buyer arises from this damage, he is entitled to one
to demand flat-rate compensation for delay. It is 0.5% for each full week of delay, in
But not more than 5% of the value of that part of the total delivery that is not due to the delay
can be used on time or not in accordance with the contract. Granted the orderer the defaulting
Supplier - taking into account the statutory exceptions - a reasonable period for performance and
if the deadline is not adhered to, the purchaser is obliged to withdraw within the framework of the statutory provisions
entitled. Further claims arising from default of delivery are exclusively determined in accordance with Section XI,
subject to the provisions of Section XII of these Conditions.
7. The buyer comes with a payment in default, if he / she is on a reminder of the supplier, after admission
the due date does not pay. Regardless of this, the customer is in default if he is not one in the
The order is made on the calendar-specific date of payment. The legal regulation according to which the
Orderer is automatically in default 30 days after receipt of an invoice, remains unaffected. Remains
the customer after notification of the provision with the acquisition of the subject matter or the
Fulfillment of his obligation to pay more than 6 weeks in arrears, the supplier is after settlement
a grace period of 14 days entitled to withdraw from the contract or damages
To demand non-performance. If the supplier demands damages for non-performance,then he can get 15%
of the selling price as compensation. The damage is higher or lower, if the
Supplier a higher, the buyer proves a lower damage. Makes the supplier of this
He is not entitled to use, without prejudice to his other rights, the power to dispose of
To dispose of the subject of the contract and replace it with a similar one within a reasonable time
To deliver subject to the terms of the contract.
VI. Transfer of risk and acceptance
1. The risk passes to the purchaser if the delivery item leaves the factory / warehouse of the supplier
even if partial deliveries are made or the supplier has other services, e.g. the
Shipping or delivery and installation, has taken over. At the request of the customer will be on his
Costs the shipment by the supplier against theft, breakage, transport, fire and water damage
and other insurable risks.
2. If delivery is delayed or omitted due to circumstances not attributable to the supplier,
the risk passes from the day of notification of readiness for shipment to the purchaser. The supplier
undertakes to take out the insurance required by the customer at the expense of the customer.
3. Partial deliveries are permitted, as far as the orderer is not unreasonable.
VII. Retention of title
1. The Supplier retains ownership of the delivery item until receipt of all claims of the Supplier
Supplier against the orderer from the business relationship, including the future arising
Claims also from simultaneous or later concluded contracts before. This is true even if
individual or all claims of the supplier have been included in a current account and the
Balance is drawn and recognized. In case of breach of contract by the purchaser, in particular at
Default of payment, the supplier is entitled to take back the delivery item after reminder and the
Orderer obliged to surrender. All costs of repossession are borne by the purchaser. The
Withdrawal as well as attachment of the item by the supplier shall only be deemed as withdrawal from
Contract, if expressly stated by the supplier. In seizures or other interventions by third parties has the
Orderer to inform the supplier immediately in writing and all necessary clarifications
give. The purchaser may not pledge or assign the goods for security.
2. Is in connection with the payment of the purchase price by the purchaser a liable liability
of the supplier, the retention of title including its agreed upon expires
Special forms and other collateral arranged for the purpose of securing payments not before redemption of the
Change by the customer as a drawee.
3. The customer is entitled to resell the delivery item in the ordinary course of business. He kicks
However, the supplier already from now on all claims with all ancillary rights from him
Resale against the customer or third parties, regardless of whether the
Reserved goods without or after processing resold. For collection of these demands is the
Orderer also authorized after assignment. The power of the supplier to collect the receivables himself,
remains unaffected by this; However, the supplier undertakes not to collect the claims as long as the
Orderer duly fulfills his payment obligations. The supplier may request that the
Orderer him the assigned claims and their debtors announced, all for collection
required information, the related documents and the debtors the assignment
telling. If the delivery item is resold together with other goods that are not owned by the supplier, the claim of the orderer against the buyer shall apply to the amount between the supplier and
Orderer agreed delivery price as assigned.
4. The supplier undertakes to release the securities to which he is entitled insofar as their value increases
securing claims that have not yet been settled by more than 20%.
VIII. Delivery and installation
1. If the list is one of the obligations of the supplier, he needs with the list first
begin when the foundations are completely dry and set and all other construction work is complete
are completed, so that the installation and commissioning can be done. When installed in a ship
The supplier need only start with the installation if the foundations necessary for the installation are available
finished and the ship is launched. In case of late completion of this work
the deadlines agreed for installation and commissioning are extended accordingly.
2. The transfer of the delivery item from the supplier's workshop to the point of use follows -
Unless otherwise expressly agreed - at the expense and risk of the purchaser.
3. If the supplier takes over the installation, he will provide the necessary technicians with the
Installer hand tool at the expense of the customer and in accordance with the special terms and conditions
the supplier for such services. Tools, hoists, scaffolding, equipment, etc. has the purchaser
to provide at his expense and risk, also a suitable lockable storage space for the
To provide installer hand tool; he is liable for the unskilled workers he provides.
4. Should a delay or interruption in the transfer, in the
Installation of the delivery item, further a work obstruction of the installer occur, so has the
Buyer any additional costs incurred by the delay, interruption or obstruction.
The obligation to comply with the agreed payment deadlines is not affected.
5. work and services that go beyond the scope of delivery according to order confirmation and delivery contract,
may only be carried out by the installer if the orderer has given a special order to do so and
only against special calculation.
6. Overtime may only be provided by the fitter if the customer expressly requests this
and the supplier and the fitter confirmed in writing. They are charged to the customer.