Sales Condition

General terms and sales conditions of Agentur Mariano Matiz

I. Scope, applicable law

1. The following conditions of sale apply to all between the buyer and us closed contracts for the supply of goods. They also apply to all future business relations even if they are not agreed again expressly. Differing conditions of the buyer, which are not explicitly recognized, are irrelevant for us, even if we do not explicitly contradict them. The following sales policies apply even if we fulfill the buyer’s order, although we are aware of conflicting or deviating conditions of the buyer.

2. The contracts contain all agreements between the parties. Oral side agreements are not taken.

3. The sale conditions only apply to companies in the sense of § 310 Abs. 1 BGB.

4. The contractual relationship is governed exclusively by German law; for reference to foreign law by the provisions of German international private law does not take place. The validity of the UN Sales Convention is excluded.

II. Offers and Conclusion

1. The appointment of a buyer (= offer to conclude a purchase contract) we can accept within two weeks by sending the order confirmation or by sending the ordered products within the same period.

2. Our offers are non-binding, unless they are expressly designated as binding. Technical changes concerning shape, color and / or weight reserved.

3. At all illustrations, calculations, drawings and other documents we reserve our proprietary rights and other intellectual property rights. The purchaser may not pass these without our prior written consent to third parties, regardless of whether we have marked these as confidential.

III. terms of payment

1. Our prices are ex works without packaging, unless otherwise determined in the order confirmation. Our prices do not include VAT, which is disclosed seAbstely in the invoice at the statutory rate.

2. A cash discount is only permitted with a special written agreement between us and the buyer. The purchase price is payable immediately without deduction upon receipt of the invoice by the buyer. Unless there is a different payment deadline in the order confirmation .

3. In case of delay of payment the buyer owes in addition to the amounts due the legal interest rate (currently 8% above the base rate, § 288 Abs. 2 BGB). The assertion of a higher harm caused by delay of payment remains reserved.

4. The purchaser is only entitled to offset, even if complaints or counterclaims are made valid, if the counterclaims are legally established or recognized by us. The buyer is entitled to exercise a lien if his claim is based on the same contractual relationship.

IV. Delivery and Performance

1. The beginning of the delivery period presupposes the clarification of all necessary technical issues with the purchaser. It is the responsibility of the buyer that all his part information are to be provided at the appropriate time to us.

2. Compliance with the delivery obligation requires the timely and proper fulfillment of the obligations of the buyer. The exception of the unfulfilled contract remains reserved.
3. If the purchaser is in delay of acceptance or culpably violates other obligations to cooperate, we are entitled to the damage incurred by us, including any additional expenses. Further claims remain reserved.

4. If the conditions of Abs. (3) are satisfied, the risk of accidental loss or accidental deterioration of the goods is in the time to the buyer, in the case of delay in acceptance or payment.

5. We shall be liable according to the statutory provisions if the underlying purchase contract is a firm deal according to § 286 Abs. 2 no. 4 BGB or § 376 HGB. Furthermore, we are liable according to legal regulations, if the buyer can make as a consequence of a delay in delivery of us submits his interest in the further fulfillment of no longer existed.

6. We shall be liable on to the statutory provisions if the delay in delivery for any of us willful or grossly negligent breach of contract; fault of their own representatives or agents is attributable. If the delivery delay is not responsible for any of us, intentional breach of contract, the liability for damages is limited to foreseeable, typically occurring damage.

7. Liability under the statutory provisions shall also apply if the delay is due to the culpable breach of an essential contractual obligation; in this case the above limitation applies to the predictable, typically occurring damage.

8. Correct and punctual delivery remains a requirement. We will immediately inform the buyer about the unavailability of the delivery item and refund immediately in case of withdrawal the appropriate consideration to the buyer.

9. Where, after conclusion of the contract, that cast doubt on the creditworthiness of the buyer exist, so we are entitled to refuse delivery until the purchaser pays or furnishes security for them. If payment or provision of security despite a request is not made within 12 business days, we are entitled to rescind the contract.

V. Transfer of Risk, Shipping

1. Loading and shipment insured at the buyer’s risk. This also applies to home delivery, unless we transport with our own vehicles from our warehouse / operating by. Unloading and storage is always up to the buyer.

2. If the goods are shipped at the purchaser’s request at this, so go on submitting to the buyer, at the latest on leaving the warehouse / operation, the risk of accidental loss or accidental deterioration of the goods to the buyer. This applies irrespective of whether the goods are shipped from the fulfillment or who bears the freight costs.

3. If delivery is delayed at the request or fault of the buyer, we shall store the goods at the expense and risk of the buyer. In this case, the display of the goods are ready for dispatch.

VI. Warranty, Liability

1. Warranty claims of the buyer shall only exist if it is his obligation under § 377 HGB inspection and complaint properly fulfilled.

2. The warranty claims of the buyer expire one year after transfer of risk. All warranty claims shall expire with immediate effect if interventions to the goods by unauthorized persons we are performed.

3. If there is a defect in the goods, we are entitled to choose between subsequent performance in the form of the defect or by delivery of a new, defect-free product. In the case of repair, we are obliged to bear all necessary expenses, in particular transport, labor and material costs, provided these are not increased because the goods have been transported to another place than the place. In fulfillment of at least two attempts have us concede.

4. We are liable according to the statutory provisions for damage to life, limb or health (§ 309 no. 7a BGB). If the buyer claims damages based on intent or gross negligence, including intent or gross negligence of the representatives or agents, we are liable according to legal regulations. If no deliberate breach of duty is charged, the liability is limited to foreseeable, typically occurring damage. In case of culpable breach of a contractual obligation (cardinal obligation), we shall accordingly be limited to foreseeable, typically occurring damage.

5. For damages based on the lack of guaranteed quality or durability, but not directly to the goods enter (consequential) we are only liable if the risk of such damage is clearly covered by the quality and / or durability.

6. Any further liability for damages, as in the above items controlled is – regardless of the legal nature of the asserted claim – excluded. This applies particularly to claims for damages from culpa in contrahendo, other breaches of duty or tort claims for property damage pursuant to § 823 BGB. As far as the liability for damages towards us is excluded or limited, this also applies to the personal liability of our staff, employees, representatives and agents.

VII. Retention of title

1. Until full settlement of all claims which we have against the buyer now or in the future, the delivered goods remain our property. We are entitled to take back the goods if the buyer breaches the contract. It can provide an appropriate withdrawal deadline with resignation threat.

2. The buyer shall treat the reserved goods with care and to insure them at his own expense against fire, water and theft at replacement value. Necessary maintenance and inspection work must be initiated by the buyer at his own expense in time.

3. The purchaser is entitled to resell the goods in commercial transactions and / or to use as long as it is not in default. Pledges or security are not permitted. The claims resulting from the resale or another legal ground with respect to the reserved goods the buyer shall by way of security in full extent to us; We accept the assignment. We authorize the Buyer to collect the claims assigned to us for his account in his own name. The authorization may at any time be revoked if the buyer does not meet its contractual obligations.

4. If third parties to the reserved goods – in particular distraints – the buyer shall refer to our ownership and inform us immediately so that we can enforce our ownership rights. If the third party is unable to reimburse us for the costs incurred in this connection shall be liable for the buyer.

5. We undertake to release securities we are entitled insofar as the realizable value of the collateral exceeds the secured claims by more than 10%. It behooves us to select the releasable security.

VIII. Unwinding

If under exceptional circumstances (based on a seAbste agreement, these Conditions or additionally applicable regulatory requirements) a contract to be rescinded, we are entitled to charge a usage fee for the resulting by the use of the equipment impairment. This is:

– 25% of the net purchase price until the end of the 3rd month,
– 30% of the net purchase price until the end of the 6th month,
– 40% of the net purchase price until the end of the 9th month,
– 50% of the net purchase price until the end of the 12th month.

Decisive for the amount of compensation set the timing is the transfer of risk. The buyer is possible to detect that a loss or impairment has occurred or is substantially lower than the amounts of compensation referred to above.

IX. Performance, Jurisdiction

1. Place of performance and jurisdiction for deliveries and payments (including checks and bills) and all disputes between us and the buyer disputes arising from the between us and him legally effective purchase contract is Würzburg (Germany). However, we are entitled to sue the buyer at his place of residence and / or domicile.

X. Privacy

The collection, processing and use of personal data is carried out taking into account the provisions of the Federal Data Protection Act and the Teleservices Act.

XI. Severability

Should any of these Terms is invalid or contain a loophole, the remaining provisions shall remain unaffected. The invalid provision is a legally permissible provision which corresponds to the invalid provision well after the presumed intention of the parties as possible, and this should be determined by interpretation in case of dispute.