General terms and conditions of sale
We conclude contracts for the supply of goods listed in this price list exclusively on the basis of the
price list and the General Conditions of Sale printed below. Incoming orders are understood to mean that
the customer agrees to the validity of the prices as well as the General Terms and Conditions of Sale and makes them an integral part of his order, insofar as the order contains
order, unless otherwise expressly stated in the order.
1. scope of application
1.1 These General Terms and Conditions of Sale shall apply to all present and future business relations.
1.2 Any deviating, conflicting or supplementary general terms and conditions of sale of the customer shall not be
shall not become part of the contract, even if we are aware of them, unless we expressly agree to their
expressly agreed to by us in writing.
2 Conclusion of contract
2.1 Our offers are subject to change. Technical changes as well as changes in composition,
color and/or weight within the scope of what is reasonable.
2.2 By ordering goods, the customer bindingly declares that he wishes to purchase the goods ordered.
want to purchase. We shall be entitled to accept the offer of contract contained in the order within two
weeks after receipt by us. The acceptance can be declared in writing or by delivery
delivery of the goods to the customer.
2.3 Delivery dates are only bindingly agreed if they have been confirmed by us in writing.
3. prices and terms of payment
3.1 Unless otherwise expressly agreed in writing, the prices in our price list shall apply.
price list valid at the time of receipt of the order shall apply, taking into account any discounts
discounts granted, shall be deemed to have been agreed. If there are more than 4 months between conclusion of the contract and delivery to the
customer, more than 4 months, without a delay in delivery for which we are responsible, then the
the price for the goods shall be the price valid at the time of delivery.
3.2 Prices stated in the price list or otherwise are in each case exclusive of value added tax
at the statutory rate applicable at the time of delivery, unless expressly stated otherwise.
3.3 In the case of a mail order purchase, deliveries shall be made free of charge if the delivery volume exceeds € 1,250.
3.4 An invoice shall be sent to the customer immediately after dispatch of the goods. The customer
undertakes to pay our invoices within 30 days of receipt of the goods.
After expiry of this period, the customer shall be in default of payment. In case of payment within 14 days
receipt of the goods, the customer is granted a discount of 3% on the invoice amount remaining after deduction of any discounts.
invoice amount remaining after deduction of any discounts.
3.5 The customer shall pay interest on money owed during the period of default at a rate of 8% above the applicable
base interest rate. We reserve the right to prove and claim higher damages caused by default.
shall remain reserved.
3.6 The customer may only offset our claims for payment against claims that are undisputed or have been
legally established claims. Invoice reductions without the existence of a credit note
- issued by Dr. Schutz GmbH - shall not be accepted. Right of retention
can only be exercised by the customer if his claim is based on the same contractual relationship.
3.7 A discount can only be deducted if the invoice is paid in full and within the discount period.
discount period. In the event that an invoice is not paid in full without a corresponding
invoice without a corresponding credit note for the invoice, the entire discount entitlement for the invoice not
paid invoice in full.
3.8 If the customer does not pay the invoice amounts currently due in full, the amount paid shall be offset against the oldest invoices.
amount shall be offset against the oldest invoices.
4 Delivery and Transfer of Risk
4.1 The place of performance and fulfillment is the location of our plant in Hessisch Oldendorf.
4.2 We shall ship the ordered goods to the customer's place of business by a means of shipment to be chosen by us, unless the customer has
of the customer, unless the customer expressly specifies a different shipping address.
address. Delivery shall be made on working days during normal business hours (7.00-18.00).
The customer must ensure that even without prior express notification of the delivery date
delivery date, the customer must ensure that there is a possibility of delivery. In the absence of readiness to accept delivery
in default of acceptance.
4.3 The risk of accidental loss and deterioration of the goods shall pass to the customer
the goods are handed over by us to the forwarding agent, carrier or other person or institution
person or institution entrusted with the execution of the shipment. If a special agreement has been
the type of shipment and if we deviate from this without urgent reason, we shall be liable for the
we shall be liable for the resulting damage.
4.4 Any transport damage shall be reported to us as well as to the carrier without delay.
4.5 The commercial buyer shall bear the costs of disposal of the packaging in accordance with § 15 para.
1 clause 1 number 1 to 5 VerpackG. If the commercial buyer demands that the seller take back the packaging
the packaging and the Seller is obliged to take it back in accordance with § 15 VerpackG, the
the commercial buyer shall be obliged to bear the costs of the return transport of the packaging to the
the packaging to the Seller's premises. For the compliance with the
regulations to be observed during transport, e.g. regulations relating to hazardous
the commercial buyer is responsible.
4.6 Any agreed delivery period shall be extended for us by up to 4 weeks, insofar as we are delayed by a
the customer's sphere of risk, by strike, by a lockout ordered by the employers' professional
employers in our company or in a company working directly for us, by force majeure or by
company working directly for us, by force majeure or by other circumstances that are unavoidable for us.
circumstances unavoidable for us and inform the customer immediately of the reason for the impediment.
immediately. The extension of the deadline shall be calculated according to the duration of the hindrance.
4.7 Any additional costs incurred by us due to delays in delivery for which the customer is responsible shall be
shall be reimbursed to us by the customer.
4.8 If we are in default with our delivery obligation, the customer shall be entitled to a compensation payment of
delivery item in default for each completed week of default, the customer shall be entitled to a
for the delivery item up to a maximum of 5% as liquidated damages. Beyond this
claims for damages in excess of this shall only be available to the customer under the conditions and
and with the restrictions of the regulation in number 7.
5 Retention of title
5.1 Delivered goods shall remain our property until the complete fulfillment of all claims resulting from the delivery itself as well as all claims resulting from the delivery until then.
delivery itself as well as all payment claims on our part which have already arisen from the current business
payment claims on our part. The inclusion of individual claims in a current invoice and the
as well as the striking of a balance and its recognition shall not affect the retention of title.
5.2 The customer shall be obliged to treat the goods with care and to prevent any third party from
goods, for example in the event of seizure, as well as any damage to or destruction of the goods.
destruction of the goods without delay. The customer shall notify us immediately of any change of ownership of the goods and of any
change of domicile without undue delay.
5.3 In the event of a breach of contract by the customer, in particular in the event of default in payment or in the event of a violation
of an obligation according to clause 5.2, we shall be entitled to withdraw from the contract and to demand the
demand return of the goods. The seizure of the delivered goods by us shall not be deemed a withdrawal from the contract.
5.4 The customer shall be entitled to resell the goods in the ordinary course of business. He hereby assigns to us
the amount of the invoice which accrue to him from the resale against a third party.
against a third party as a result of the resale. We accept this assignment. After assignment
the customer shall be entitled to collect the claim. However, we reserve the right to collect the claim ourselves
ourselves as soon as the customer does not properly meet his payment obligations and is in default of payment.
payment obligations and is in default of payment. The customer shall not be entitled to dispose of the goods other than
the customer is not authorized during the existence of the retention of title.
6 Warranty
6.1 The customer shall inspect the goods immediately upon receipt, insofar as this is feasible in the ordinary course of business, for completeness and
course of business, inspect the goods for completeness and external intactness. If
defect, this must be reported to us in writing immediately, at the latest two weeks after receipt of the goods.
goods in writing. If the customer fails to notify us, the goods shall be deemed to have been accepted and the
and the assertion of warranty claims is excluded, unless it is a defect, which is
it is a defect which could not be detected during the inspection or which was fraudulently concealed by us.
fraudulently concealed by us.
6.2 As a matter of principle, only our product description shall be deemed agreed as the quality of the goods.
Public praise or advertising shall not constitute a contractual description of the quality of the goods.
of the goods in accordance with the contract.
6.3 The customer shall not receive any guarantees from us in the legal sense.
6.4 For defects in our goods, we shall initially provide warranty at our discretion by means of rectification of defects
or replacement delivery (subsequent performance). If the subsequent performance fails, the customer shall be entitled to a
reduction of the price (abatement) or cancellation of the contract (rescission) or a reduction in the
of the contract (withdrawal) or claim damages:
- In the event of only a minor breach of contract, in particular in the event of only minor defects,
the customer has no right to withdraw from the contract.
- The customer may only claim damages under the conditions and with the restrictions
according to clause 7.
- If the customer chooses to withdraw from the contract, he shall not be entitled to claim any additional damages
due to the defect.
- If the customer chooses compensation, the goods shall remain with the customer if this is reasonable for him.
reasonable. The damage is limited in this case to the difference between the purchase price and the
the value of the defective item, unless the contractor has fraudulently concealed the breach of
fraudulently concealed the breach of contract.
6.5 All warranty claims due to a defect, including claims for damages,
shall generally become statute-barred within a period of one year from delivery of the goods,
unless we have fraudulently concealed the defect. The period of limitation is 5 years,
insofar as the subject matter of the contract is goods that are used in accordance with their usual
used for the construction of a building and has caused its defectiveness.
caused the defect. The fiction of approval according to clause 6.1 remains unaffected by the present
provision shall remain unaffected.
7. compensation for damages
7.1 In the event of a breach of contractual or non-contractual obligations, including those of our senior
employees or other vicarious agents, we may only be held liable for damages in accordance with the following provisions:.
only in accordance with the following provisions: In cases of intentional or grossly negligent
negligent breach of duty, we shall be liable in accordance with the statutory provisions. In the case of slightly negligent
breaches of duty, we shall only be liable in cases of breach of essential contractual obligations,
limited to the foreseeable, contract-typical, direct average damage according to the type of goods.
The aforementioned limitations of liability for cases of slight negligence do not affect
claims of the customer arising from product liability; furthermore, the limitations of liability shall not apply
shall not apply in the event of bodily injury or damage to health attributable to us or in the event of loss of life.
loss of life. The rules of the burden of proof shall remain unaffected by the above provisions.
8. other provisions
8.1 All mutual claims arising from and in connection with this contract shall be governed by the laws of the Federal Republic of Germany.
of the Federal Republic of Germany shall apply to the exclusion of the provisions of the CISG.
8.2 The exclusive place of jurisdiction for all claims arising from and in connection with this contract shall be the registered office of Dr. Schutz.
contract is the registered office of Dr. Schutz GmbH.
8.3 If individual provisions of the contract with the customer including these General Terms and Conditions of
these General Terms and Conditions of Sale are or become invalid in whole or in part, the validity of the remaining
validity of the remaining provisions shall not be affected. The wholly or partially invalid provision
shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
the invalid provision as closely as possible.
8.4 Amendments and/or supplements to the contract must be made in writing. The same shall apply to the
waiver of the written form requirement itself.