Section 1 Offer and conclusion of contract
The order signed by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or send the ordered goods within this period.
Section 2 Documents left
We reserve the right of ownership and copyright to all documents provided to the customer in connection with the placing of the order, such as drawings, etc. These documents may not be made available to third parties unless we give our express written consent to the customer. Insofar as we do not accept the offer of the customer within the period of section 1, these documents must be returned to us immediately.
Section 3 Prices and Payment
Our prices include VAT and packaging costs. Delivery and shipping costs are included in our prices.
The payment of the purchase price must be made exclusively to the account mentioned by the other side. The deduction of discount is only permitted in the case of a special written agreement.
Unless otherwise agreed, the purchase price must be paid within 14 days of delivery. Interest on arrears is calculated at 5% above the respective base interest rate p.a. We reserve the right to assert a higher damage caused by delay. In the event that we claim a higher damage caused by delay, the customer has the opportunity to prove to us that the alleged damage caused by delay has not been incurred at all or in at least a much lower amount.
Section 4 Set-off and retention rights
The customer is only entitled to set-off if his claims are legally established or undisputed. The customer is also entitled to set off against our claims if he makes complaints of defects or counterclaims from the same sales contract. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
Section 5 Delivery time
Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.
The start of the delivery time specified by us presupposes the timely and proper fulfilment of the customer's obligations. The objection of the unfulfilled contract is reserved.
The customer may request us to deliver in text form within a reasonable period of time 1 week after exceeding a non-binding delivery date/delivery period. Should we culpably fail to meet an express delivery date/deadline or if we are in default for other reasons, the customer must set us a reasonable grace period to effect the service. If we let the grace period pass fruitlessly, the customer is entitled to withdraw from the purchase contract.
If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage caused to us as a result, including any additional expenses. Further claims are reserved. For its part, the customer reserves the right to prove that damage in the required amount has not occurred at all, or at least significantly lower. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time when the customer defaults on acceptance or debtor default.
Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
Section 6 Retention of title
1. We reserve the title to the delivered item until full payment of all claims arising from the delivery contract.
2. The customer is obliged to treat the purchased item with care as long as the property has not yet passed to him. In particular, he is obliged to insure them at his own expense against theft, fire and water damage sufficiently at the new value. If maintenance and inspection work has to be carried out, the customer must carry it out on time at his own expense. As long as the property has not yet been transferred, the customer must notify us immediately in text form if the delivered item is seized or subject to other interference by third parties. Insofar as the third party is not in a position to reimburse us for the legal and extrajudicial costs of a claim pursuant to Section 771 of the German Civil Code (ZPO), the customer shall be liable for the loss incurred by us.
3. The processing and processing or conversion of the purchased item by the customer always takes place on behalf of the name and on behalf of us. In this case, the customer's right of entitlement to the purchased item of the reconstituted item continues. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in proportion to the objective value of our purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main thing, it is deemed agreed that the customer assigns co-ownership to us pro rata and holds the resulting sole ownership or co-ownership for us. In order to secure our claims against the customer, the customer also assigns to us such claims that arise from the connection of the reserved goods with a property against a third party; we are already accepting this assignment.
4. We undertake to release the securities to which we are entitled at the request of the customer, insofar as their value exceeds the claims to be secured by more than 20%.
Section 7 Warranty and notification of defects
1. Insofar as the information contained in our prospectuses, advertisements and other offer documents has not been expressly designated as binding by us, the illustrations or drawings contained therein are only approximate,
2. Insofar as the delivered item does not have the quality agreed between the customer and us, or if it is not suitable for the conditions assumed in accordance with our contract or the use in general, or if it does not have the characteristics that the customer public statements, we are obliged to comply with the situation. this does not apply if we are entitled to refuse supplementary performance due to the statutory provisions.
3. The customer first has the choice whether the subsequent performance should be carried out by rectification or replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the customer. During subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the customer are excluded. A rectification shall be deemed to have failed with the unsuccessful second attempt, unless otherwise stated, in particular, by the nature of the item or the defect or the other circumstances. If the subsequent performance has failed or if we have refused the supplementary performance in its entireties, the customer may, at his option, demand a reduction of the purchase price (reduction) or declare the withdrawal from the contract.
4. Claims for damages under the following conditions due to the defect can only be asserted by the customer if the subsequent performance has failed or we have refused the subsequent performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
5. Without prejudice to the above regulations and the subsequent limitations of liability, we shall be fully liable for damage to life, body and health resulting from a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damages that are covered by liability under the Product Liability Act, as well as for all damages resulting from intentional or grossly negligent breaches of contract as well as malice, our legal representatives or our vicarious agents. Insofar as we have given a quality and/or durability guarantee with respect to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damages that are due to the lack of the guaranteed quality or durability, but which do not occur directly on the goods, if the risk of such damage is clearly covered by the quality and durability guarantee. Is.
6. We shall also be liable for damages caused by simple negligence, insofar as such negligence relates to the breach of such contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable if the damages are typically connected to the contract and foreseeable. In the event of simple negligent breaches of non-essential ancillary obligations, we shall not be liable. The limitations of liability contained in sentences 1 to 3 shall also apply to the extent that the liability for legal representatives, executives and other vicarious agents is concerned.
7. Any further liability is excluded regardless of the legal nature of the claim asserted. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.
8. The warranty period is 2 years, calculated from the transfer of risk. This period also applies to claims for compensation for consequential damages in succession, provided that no claims arising from tort are asserted.
Section 8 Other
1. This contract and all legal relations of the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the Sale of Goods (CISG).
2. Should individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions remain unaffected.
- The management -
PriMax 3D GmbH