General terms and conditions
Status January 2012
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1) Terms and Conditions of Delivery of J.G. ANSCHÜTZ GmbH & Co. KG for private customers ("B2C")1) Terms and Conditions of Delivery of J.G. ANSCHÜTZ GmbH & Co. KG for private customers ("B2C")
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2) Terms of delivery of J.G. ANSCHÜTZ GmbH & Co. KG for commercial customers ("B2B")2) Terms of delivery of J.G. ANSCHÜTZ GmbH & Co. KG for commercial customers ("B2B")
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3) Terms and Conditions of Purchase of J.G. ANSCHÜTZ GmbH & Co. KG3) Terms and Conditions of Purchase of J.G. ANSCHÜTZ GmbH & Co. KG
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4) Repair conditions of J.G. ANSCHÜTZ GmbH & Co. KG4) Repair conditions of J.G. ANSCHÜTZ GmbH & Co. KG
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5) Voucher conditions of J.G. ANSCHÜTZ GmbH & Co. KG5) Voucher conditions of J.G. ANSCHÜTZ GmbH & Co. KG
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6) Information obligations according to §18 Para. 2 Electrical and Electronic Equipment Act6) Information obligations according to §18 Para. 2 Electrical and Electronic Equipment Act
1) Terms and Conditions of Delivery of J.G. ANSCHÜTZ GmbH & Co. KG for private customers ("B2C") As of January 2012 ("AGB-B2C")
1 Validity of the terms of delivery
These GTC-B2C shall only apply to deliveries and services ("Delivery") which we provide to a consumer (Customer) on the basis of the contract ("Contract") concluded between us and the Customer ("Parties"). Consumers within the meaning of these GTC-B2C are natural persons with whom a contract is concluded for a purpose that cannot be attributed to their commercial or independent professional activity.
2. Offer / reservation of self-delivery
2.1 The presentation of deliveries on our homepage and in our catalogue as well as the granting of the possibility to place an order does not constitute a binding offer on our part. Only the customer's order constitutes an offer to us to conclude a purchase contract. Customers from Germany can order from us online, by post, fax or e-mail.
2.2 A contract shall only come into existence through the offer of the orderer (customer order) and through our order confirmation, to which these GTC-B2C are attached.
2.3 If the customer places an online customer order with us, we will send an e-mail confirming receipt of the online customer order and listing its details (order confirmation). This order confirmation does not constitute an acceptance of the customer's order, but is only intended to inform the customer that we have received the customer's order. A purchase contract is only concluded when we confirm the delivery to the customer and the dispatch to the customer with a second email (order confirmation).
2.4 Information on the quality of the deliveries shall be exclusively and conclusively derived from the respective technical specification or the information in the catalogue valid at the time of conclusion of the contract.
2.5 We reserve all property rights and copyrights to documents provided to the purchaser, e.g. illustrations, drawings, plans, construction documents.
2.6 The minimum order value is EUR 50.00 (gross).
3. Sale / dispatch of deliveries
The sale and dispatch of deliveries can only take place upon presentation of a copy of the identity card or other official proof of having reached the age of 18. To ensure that the delivery is made to an authorised recipient, a legitimation check of the recipient is carried out by the appointed carrier.
4. revocation instruction
The following applies to the cancellation policy:
4.1 Right of revocation
You may revoke your contractual declaration within 14 days without stating reasons in text form (e.g. letter, e-mail) or - if the goods are delivered to you before the deadline - by returning the goods. The time limit begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfilment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB as well as our obligations pursuant to § 312 e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods shall be sufficient to comply with the revocation period. The revocation by return of the goods is to be sent to: Letter: J.G. Anschütz GmbH & Co. KG, P.O. Box 1128, 89001 Ulm Fax: +49 - (0) 7 31 - 4012 700 E-mail: JGA-Info@anschuetz-sport.com
4.2 Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the performance received in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for the deterioration of the item caused by the intended use of the item by not using the item as if it were your property and refraining from doing anything that could impair its value. Items that can be sent by parcel post are to be returned at our risk. You must bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of cancellation or the item, for us with its receipt.
4.3 Exclusion of the right of withdrawal
The right of withdrawal does not apply to distance contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature.
5. prices / delivery conditions
5.1 All prices are final prices in EUR and already include the statutory VAT. The prices at the time of the order shall apply.
5.2 In addition to the final prices, we charge a flat rate of EUR 20 per order for transport, shipping and packaging. An additional fee of EUR 7.50 will be charged for cash on delivery.
5.3 In the case of bulky deliveries, we shall charge a bulky goods surcharge shown in each case.
5.4 Partial deliveries and corresponding invoicing are permissible insofar as they are reasonable for the customer. In this case, the remaining partial deliveries shall be delivered subsequently without renewed invoicing of the transport flat rate (5.2).
5.5 The buyer shall bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you.
6. terms of payment
6.1 Payments can only be made by credit card or cash on delivery. Unless otherwise agreed, payments shall become due upon receipt of the invoice by the customer without trigger .
6.2 The Purchaser may only set off such claims as are undisputed or have been finally determined by a court of law.
7. retention of title
7.1 The delivery ("goods subject to retention of title") shall remain our property until all claims to which we are entitled against the customer under the contract have been fulfilled.
7.2 During the existence of the reservation of title, the customer is prohibited from pledging or transferring ownership by way of security. In the event of seizure, confiscation, other dispositions or interventions by third parties, the customer shall notify us immediately.
8. delivery time
8.1 Compliance with the delivery period shall be subject to the timely receipt of all documents to be provided by the customer as well as compliance with the agreed terms of payment and other obligations by the customer. If these prerequisites are not fulfilled in time, the deadlines shall be extended appropriately; this shall not apply if we are responsible for the delay.
8.2 If non-compliance with the deadlines is due to force majeure, e.g. mobilisation, war, riot or similar events, e.g. strike, lockout, the deadlines shall be extended accordingly.
8.3 If we are in default with the delivery, our liability for damages in the event of slight negligence shall be limited to the foreseeable damage. This shall not apply if we are responsible for the delay due to intent or gross negligence.
9 Liability for material defects
9.1 The statutory provisions on liability for material defects vis-à-vis consumers shall apply.
9.2 Our liability for material defects shall lapse if the customer carries out interventions and/or repairs to the deliveries or has them carried out by persons who have not been authorised by us and insofar as the material defect that has occurred is due to this.
9.3 For claims for damages, 10 shall apply in all other respects.
10. manufacturer's warranty
Independently of the rights from 9. we assume a manufacturer's guarantee for 2 years from the date of sale ("guarantee"). Damage caused by natural wear and tear, improper use and lack of or incorrect care is excluded from the guarantee. In the event of a warranty claim, we will only replace the defective parts free of charge. The warranty can only be claimed if the delivery and the corresponding proof of purchase together with the completed warranty card are presented. The warranty shall automatically lapse immediately if modifications or repairs are carried out by persons who are not authorised to do so, if the delivery is not operated properly, if modifications or manipulations have been carried out that do not comply with the law, if seals have been damaged or if original ANSCHÜTZ parts have not been used.
11. Damage compensation
11.1 Claims for damages and reimbursement of expenses by the customer, irrespective of the legal grounds, are excluded. We shall therefore not be liable in particular for damage that has not occurred to the delivery itself or for financial losses of the customer.
11.2 This shall not apply insofar as we are compulsorily liable, e.g. under the Product Liability Act or in cases of intent, fraudulent intent, gross negligence, injury to life, limb or health, due to a defect following the assumption of a guarantee for the quality of the goods or the breach of material contractual obligations.
11.2.1 However, damages for the breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless we are guilty of intent, fraudulent intent or gross negligence, or we are liable for injury to life, limb or health or for a defect following the assumption of a guarantee for the quality of the goods.
11.2.2 Insofar as our liability is excluded or limited pursuant to 11, this shall also apply to the personal liability of our employees, workers, staff and other vicarious agents, but not to the personal liability of legal representatives and executives.
11.2.3 Insofar as the Purchaser is entitled to claims for damages in accordance with 11, these shall become statute-barred 12 months after delivery. In the event of intent, fraudulent intent and claims for damages under the Product Liability Act and in the event of claims due to a defect following the assumption of a guarantee for the quality of the goods, the statutory limitation provisions shall apply. The same applies to claims of the purchaser in connection with measures to avert damage (e.g. recall campaigns).
11.3 A change in the burden of proof to the detriment of the Purchaser is not associated with the provisions in 11.
12. data protection
The personal data provided to us is collected, stored and used by us in compliance with the provisions of the Federal Data Protection Act and the Telemedia Act by means of electronic data processing (EDP).
13 Applicable law
The substantive law of the Federal Republic of Germany shall apply.
2) Terms of delivery of J.G. ANSCHÜTZ GmbH & Co. KG for commercial customers ("B2B") Customers ("B2B") Status February 2011 ("AGB-B2B")
1. validity of the terms of delivery
1.1 The GTC B2B of J.G. ANSCHÜTZ GmbH & Co. KG shall only apply to contracts between us and entrepreneurs, legal entities under public law or special funds under public law as purchasers (B2B).
1.2 The GTC-B2B shall apply to deliveries and services ("Delivery") which we provide to the customer on the basis of a contract ("Contract") concluded between us and the customer ("Parties").
1.3 Terms and conditions other than these GTC-B2B - insofar as they are not stipulated in our offer - shall not apply.
1.4 Within the framework of an ongoing business relationship, the GTC-B2B shall become an integral part of the contract even if we have not expressly referred to the inclusion of the GTC-B2B upon conclusion of the contract in an individual case.
2. offer / reservation of self-delivery
2.1 The presentation of the deliveries on our homepage and in our catalogue as well as the granting of the possibility to place an order does not constitute a binding offer on our part. Only the customer's order constitutes an offer to us to conclude a purchase contract.
2.2 Quotations from us are subject to change and non-binding and only represent an invitation to the customer to submit an offer. A contract shall only be concluded through our order confirmation.
2.3 We reserve all property rights and copyrights to documents provided to the customer, e.g. illustrations, drawings, plans, construction documents.
2.4 Information on the quality of the delivery is exclusively and conclusively derived from the respective technical specification or data sheets of the catalogue valid at the time of conclusion of the contract.
2.5 We reserve the right to make model changes and improvements insofar as they are reasonable for the purchaser.
2.6 If the delivery is not available because we have not been supplied by our own suppliers or our stock for the delivery has been exhausted, we are entitled to provide a delivery equivalent in quality and price. If it is not possible to provide a delivery equivalent in quality and price, we may withdraw from the contract.
3. prices / delivery conditions / transfer of risk
3.1 Prices are ex works ("EXW" according to Incoterms® 2010) of ANSCHÜTZ, 89079 Ulm / Germany ("place of performance") plus packaging.
3.2 Prices are net prices in EUR, plus the statutory value-added tax applicable at the time the service is provided, without any further Triggers.
3.3 For deliveries below EUR 50 (net), we are entitled to charge a flat-rate shortage surcharge of EUR 30 (net).
3.4 Partial deliveries and corresponding invoicing are permissible insofar as they are reasonable for the customer.
3.5 If a rifle trade permit is required for the sale of rifles, the goods will only be delivered upon presentation of a certified copy of the rifle trade permit. The orderer must inform us immediately of any changes to the arms trade permit in order to comply with the statutory provisions.
4. transfer of risk
4.1 Subject to 4.2 and 4.3, the risk shall pass to the customer when the delivery has been made available for dispatch by us at the place of performance.
4.2 The risk shall pass to the Purchaser at the time when the shipment is delayed for reasons for which the Purchaser is responsible or the Purchaser is in default of acceptance for other reasons.
4.3 Even in the case of free domicile deliveries or an agreed pro rata assumption of transport costs by us, the risk shall pass to the customer at the place of performance when the delivery has been dispatched or collected.
5. terms of payment
5.1 Unless otherwise agreed, invoices shall be due for payment immediately and without trigger .
5.2 The Purchaser may only set off such claims as are undisputed or have been finally determined by a court of law.
5.3 The prerequisite for a VAT-exempt delivery (§§ 4, 6a UStG) to countries of the European Union is the notification of the Purchaser's VAT identification number when placing the order and the receipt of the confirmations of transport and final destination of the goods prior to invoicing.
5.4 We are entitled to make the delivery at the customer's expense on a cash on delivery basis or to demand payment in advance.
5.5 If, after conclusion of the contract, it becomes apparent that the fulfilment of the claim for payment is jeopardised by the purchaser's lack of ability to pay, we may demand advance payment and withhold deliveries not yet delivered. We shall also be entitled to these rights if the customer is in default of payment for deliveries. Section 321 para. 2 BGB remains unaffected.
6. retention of title to deliveries after delivery
6.1 The deliveries ("goods subject to retention of title") shall remain our property until all claims to which we are entitled against the customer under the business relationship have been fulfilled. Insofar as the value of all security interests to which we are entitled exceeds the amount of all secured claims by more than 20 %, we shall release a corresponding part of the security interests at the request of the customer.
6.2 During the existence of the reservation of title, the customer is prohibited from pledging or transferring ownership by way of security.
6.3 The resale of the goods subject to retention of title is permitted to the Purchaser in the ordinary course of business and on condition that the Purchaser receives payment from its customer or makes the reservation that ownership is not transferred to the customer until the latter has fulfilled its payment obligations.
6.4 Upon conclusion of the contract, the Purchaser shall assign to us by way of security the claims against its customer ("Customer") to which it is entitled from the resale or use of the Retained Goods in the amount of our claim against the Purchaser under the contract. Our obligation to release from 6.1 remains unaffected.
6.5 Until revoked, the customer is authorised to collect the assigned claims from the resale. In the event of good cause, in particular default of payment, cessation of payments, opening of insolvency proceedings, protest of a bill of exchange or justified indications of over-indebtedness or imminent insolvency of the customer or the purchaser, we shall be entitled to revoke the customer's collection authority. In addition, we may, after prior warning and observance of a reasonable period of time, disclose the assignment by way of security, realise the assigned claims and demand the disclosure of the assignment by way of security by the customer to the buyer.
6.6 In the event of seizure, confiscation, other dispositions or interventions by third parties, the customer shall notify us immediately.
6.7 In the event of breaches of duty by the Purchaser, in particular in the event of default in payment, the following shall apply:
6.7.1 We are entitled to withdraw from the contract and to take back the reserved goods after the unsuccessful expiry of a reasonable deadline set for the customer to remedy the breach of duty; the customer is obliged to surrender the reserved goods. The statutory provisions on the dispensability of setting a deadline remain unaffected.
6.7.2 The assertion of the reservation of title and the associated repossession of the reserved goods or a seizure of the reserved goods by us shall not constitute a rescission of the contract unless we have expressly declared this.
7. delivery time
7.1 Compliance with the agreed delivery time is subject to the timely receipt of all documents to be provided by the customer, necessary public law approvals and releases, as well as compliance with the agreed terms of payment and other obligations by the customer. If these prerequisites are not fulfilled in time, the deadlines shall be extended accordingly; this shall not apply if we are responsible for the delay.
7.2 If non-compliance with the deadlines is due to force majeure, e.g. mobilisation, war, riot or similar events, e.g. strike, lockout, the deadlines shall be extended accordingly.
7.3 If we are in default, the customer may, provided that he can credibly demonstrate that he has suffered damage as a result, demand compensation for each full week of default of 0.5% each, but not more than a total of 5% of the price for that part of the delivery which could not be used by the customer due to the default.
7.4 The Purchaser's claims for damages due to delayed Supplies as well as claims for damages in lieu of Supplies exceeding the limits specified in 7.3 above shall be excluded in all cases of delayed Supplies, even upon expiry of a time set by the Purchaser to effect the Supplies. This shall not apply if liability is mandatory in cases of intent or gross negligence or due to injury to life, body or health.
7.5 The customer may only withdraw from the contract if we are responsible for the delay in delivery and the customer has set us a reasonable deadline for the delivery with the declaration that he refuses to accept the delivery after the deadline has expired and the deadline has passed without success. This does not imply a change in the burden of proof to the detriment of the customer.
7.6 Upon request, the customer shall declare within a reasonable period of time whether he withdraws from the contract due to the delay in delivery or insists on the delivery.
8. material defects
8.1 We shall be liable for material defects in newly manufactured deliveries in accordance with 8.2 - 8.12. Insofar as the subject matter of the contract is not newly manufactured deliveries (e.g. used items, samples, exhibition objects, 2nd choice items), our liability for material defects shall be excluded.
8.2 The quality of our deliveries as well as the intended use are conclusively defined in the respective technical specifications or data sheets of the catalogue valid at the time of the conclusion of the contract for the individual products; properties not listed there are not the subject of our liability for material defects.
8.3 In the case of deliveries which at the time of the transfer of risk do not have the quality listed in the respective technical specification ("material defect"), we shall, at our discretion, remedy the defect free of charge or deliver a replacement free of charge ("subsequent performance").
8.4 Claims for material defects shall become statute-barred 12 months after the transfer of risk. This shall not apply insofar as §§ 438 para. 1 no. 2, 479 para. 1 and 634a para. 1 no. 2 BGB (German Civil Code) prescribe longer periods as well as in cases of injury to life, limb or health, in the event of an intentional or grossly negligent breach of duty on our part and in the event of fraudulent concealment of a defect. The statutory provisions on suspension of expiry, suspension or recommencement of time limits remain unaffected.
8.5 The customer shall inspect the delivery immediately after receipt for conformity with the contract and transport damage.
8.6 The purchaser must notify us immediately of any material defects ("notice of defects"). The notice of defects shall include notification of the data relating to the delivery: Model designation and number, serial number, number of the invoice or order confirmation from us and description of damage or defects, with (digital) photos in the case of visible defects.
8.7 We shall be given the opportunity to remedy the defect within a reasonable period of time. If we are refused this, we shall be released from the liability for material defects.
8.8 If the supplementary performance fails, the customer may - without prejudice to any claims for damages (8.13.) - withdraw from the contract or reduce the purchase price.
8.9 Claims for defects shall not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear or damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive stress or due to special external influences which are not assumed under the contract.
8.10 Defects in part of the delivery do not entitle the customer to complain about the entire delivery, unless the partial delivery is of no interest to the customer.
8.11 Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded if the expenses increase because the delivery was subsequently taken to a place other than the place of performance.
8.12 The Purchaser's right of recourse against us shall only exist insofar as the Purchaser has not entered into any agreements with its customer exceeding the statutory claims for defects. 8.9-8.11 shall apply accordingly to the scope of the purchaser's right of recourse against us pursuant to § 478 para. 2 BGB.
8.13 Claims for damages by the customer against us due to a material defect are excluded. This shall not apply in the event of fraudulent concealment of the defect, non-compliance with a quality guarantee, injury to life, limb, health or freedom and in the event of an intentional or grossly negligent breach of duty by the supplier. The above provisions do not imply a change in the burden of proof to the detriment of the Purchaser. Further claims or claims of the Purchaser other than those regulated in 8. due to a material defect are excluded.
9. infringements of property rights, other defects of title
9.1 Unless otherwise agreed, we shall provide our domestic deliveries free of industrial property rights and copyrights of third parties ("Property Rights"). If a third party asserts justified claims against the Purchaser due to the infringement of Proprietary Rights by a delivery made by us and used by the Purchaser in accordance with the contract, we shall be liable within the period stipulated in 8.4 as follows:
9.1.1 We shall, at our discretion and at our expense, either obtain a right of use for the delivery in question, modify it in such a way that the property right is not infringed or replace it. If this is not possible for us under reasonable conditions, the customer shall be entitled to the statutory rights of withdrawal or reduction. The provisions in 8.9, 8.10 and 8.12 shall apply accordingly.
9.1.2 Fulfilment of the aforementioned obligations shall be subject to the condition that the customer immediately notifies us in writing of the claims asserted by third parties, does not acknowledge an infringement and that we reserve the right to all defensive measures and settlement negotiations. If the customer ceases to use the delivery for reasons of mitigation of damages or other important reasons, he shall be obliged to point out to the third party that the cessation of use does not constitute an acknowledgement of an infringement of property rights.
9.2 Claims of the customer are excluded insofar as he is responsible for the infringement of property rights.
9.3 Claims of the customer are also excluded if the infringement of property rights is caused by special specifications of the customer, by an application not foreseeable by us or by the fact that the delivery is modified by the customer or used together with products not supplied by us.
9.4 In the event of other defects of title, the provisions of 8. shall apply accordingly.
9.5 Further claims or claims other than those regulated in 9. by the customer due to a defect in title against us and our vicarious agents are excluded. Claims for damages shall be governed by 11.
10. impossibility, adjustment of the contract
10.1 If delivery is impossible, the customer shall be entitled to claim damages unless we are not responsible for the impossibility. However, the purchaser's claim for damages shall be limited to 10% of the value of that part of the delivery which cannot be used by the purchaser due to the impossibility. This shall not apply if liability is mandatory in cases of intent, gross negligence or initial incapacity or due to injury to life, body or health; this shall not entail a change in the burden of proof to the detriment of the customer. The right of the customer to withdraw from the contract remains unaffected.
10.2 Insofar as events of force majeure (7.2) significantly change the economic significance or the content of the delivery or have a significant effect on our operations, the contract shall be adjusted appropriately in good faith. Insofar as this is not economically justifiable, we shall be entitled to withdraw from the contract. If we wish to make use of this right of withdrawal, we shall notify the customer thereof without undue delay after realising the consequences of the event, even if an extension of the delivery period was initially agreed with the customer.
11. other claims for damages
11.1 Claims for damages on the part of the customer, irrespective of the legal grounds, in particular due to the breach of obligations arising from the contractual obligation and from tort, are excluded.
11.1.1 This shall not apply if liability is mandatory, e.g. under the Product Liability Act or in cases of intent, gross negligence, injury to life, limb or health, or breach of material contractual obligations.
11.1.2 However, damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless caused by intent or gross negligence or based on liability for injury to life, body or health.
11.1.3 Insofar as our liability is excluded or limited in accordance with 11, this shall also apply to the personal liability of our employees, workers, staff and other vicarious agents, but not to the personal liability of legal representatives and executives.
11.2 Insofar as the Purchaser is entitled to claims for damages pursuant to 11, these shall become statute-barred upon expiry of the limitation period applicable to claims for material defects pursuant to 8.5. The same shall apply to claims of the Purchaser in connection with measures to avert damage (e.g. recall campaigns). In the event of intent and claims for damages under the Product Liability Act, the statutory limitation provisions shall apply.
11.3 A change in the burden of proof to the detriment of the Purchaser is not associated with the provisions in 11.
12. assignment
Any assignment of rights under the contract shall require our prior written consent.
13 Jurisdiction / Applicable Law
13.1 The exclusive place of jurisdiction - also for cheque and bill of exchange claims - is Ulm.
13.2 The substantive law of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall not apply.
3) Domestic Terms and Conditions of Purchase of J.G. ANSCHÜTZ GmbH & Co. KG Status February 2015 ("EKB-02/15")
1. scope of application
1.1 These EKB-02/15 shall only apply to deliveries and services ("Deliveries") which an entrepreneur ("Contractor") provides for us on the basis of a contract.
1.2 The EKB-02/15 shall apply exclusively. Other terms and conditions shall only apply if they are specified by us in the order. In particular, the acceptance of deliveries as well as payments do not imply our consent to the contractor's general terms and conditions.
1.3 Within the framework of a continuous business relationship, the EKB-02/15 shall also apply to future transactions between us and the Contractor, even if we have not expressly referred to the inclusion of the EKB-02/15 upon conclusion of the contract in an individual case.
2. offer, acceptance
2.1 The preparation of an offer by the contractor shall be free of charge.
2.2 We may revoke a declaration of intent made to the contractor (e.g. an order) if the contractor has not accepted it in writing within 10 days of receipt (order confirmation/order acceptance).
2.3 If a commercial letter of confirmation from the Contractor deviates from the content of previous declarations by us, we shall only be bound by it if we agree to the deviation.
2.4 The offer / acceptance of the Contractor shall be accompanied by technical data sheets and safety data sheets.
3. prices
The prices offered by the contractor are to be understood as fixed prices for delivery free domicile including all ancillary costs (freight, packaging, etc.) for the term of the contract when the order is placed. Price changes are only possible with our consent.
4. notice and due diligence
4.1 The contractor shall immediately notify us in writing of any changes in the type of composition of the processed material or the constructive design compared to similar deliveries made to date. Our consent is required for the implementation of these changes.
4.2 The Contractor shall ensure that the deliveries comply in particular with the accident prevention regulations and the safety rules and technical rifle requirements, as well as meet the other legal requirements applicable in the Federal Republic of Germany at the time of the transfer of risk, and shall notify us in writing of any special requirements at the latest upon delivery.
5. deliveries
5.1 The timeliness of deliveries or subsequent performance shall be determined by the date of receipt at the place of receipt specified by us; the timeliness of deliveries with installation or assembly and of services shall be determined by their acceptance. The contractor is only entitled to make partial deliveries/perform partial services with our consent.
5.2 In the event of a recognisable delay in a delivery or inability to deliver, we must be notified immediately in writing and our decision must be obtained.
5.3 In the case of deliveries to branch offices or sales outlets, a copy of the delivery note must be sent to our purchasing department to prove the delivery. The delivery note must show the recipient, date and time clearly legible or in block letters.
5.4 If deliveries are delivered earlier than agreed, we are entitled to refuse acceptance or to store them at the contractor's expense. The refusal of acceptance shall not be deemed a withdrawal.
6 Transfer of risk and shipment
6.1 In the case of deliveries with installation or assembly and in the case of services, the risk shall pass upon acceptance; in the case of deliveries without installation or assembly, the risk shall pass upon completion of the incoming inspection (13.) at the place of receipt specified by us.
6.2 The shipping and packaging costs shall be borne by the contractor. In the case of pricing ex works or ex the contractor's sales warehouse, shipment shall be effected at the lowest costs in each case, insofar as we have not prescribed a specific mode or means of transport. Additional costs due to non-compliance with shipping or packaging instructions shall be borne by the contractor. In the case of pricing free recipient including packaging and transport insurance, we may determine the mode of transport; however, the contractor shall be free to choose the mode of transport most favourable to him if damage to the deliveries is excluded and the confirmed delivery date is not exceeded. Additional costs for any accelerated transport necessary to meet a delivery date shall be borne by the contractor.
6.3 The Contractor shall enclose accompanying documents, delivery notes and material and test certificates ("Documents") with the delivery and notify us of the shipment without delay. The commission or part number shall be indicated on all Documents. If the consignment is not accompanied by a proper delivery note with commission or part number, we are entitled to refuse acceptance of consignments. The costs resulting from the refusal of acceptance shall be borne by the contractor.
6.4 Ownership of the deliveries shall pass to us either upon receipt of the deliveries in the case of orders paid in advance or upon full payment in the case of orders paid on account, whichever is the earlier.
6.5 The contractor shall take back the packaging as provided for in the applicable packaging ordinance. If a corresponding take-back does not take place, the contractor shall bear our costs of a proper recycling of the packaging.
7. delay
7.1 If the contractor is in default, we are entitled to demand a contractual penalty of 1% of the order value per week or part thereof of default, up to a maximum of 5% of the order value. The assertion of other - in particular statutory - rights, including higher damages, shall remain unaffected; any contractual penalty already paid shall be offset against any higher damages asserted. The contractor shall be permitted to prove that we have incurred lower damages or no damages at all.
7.2 If the corresponding reservation is omitted upon acceptance of the deliveries or subsequent performance, the contractual penalty may nevertheless be asserted up to the final payment.
7.3 Force majeure, such as mobilisation, war, riot, industrial action, etc. on our part and/or on the part of the contractor or a vicarious agent, as well as any unavoidable event which prevents or makes impossible the performance of the contract and for which we and/or the contractor or a vicarious agent are not responsible, shall release the affected party from its obligations for the duration and to the extent of the disruption. In the event of the occurrence of one or more of the aforementioned events, these must be notified to us in writing without delay.
8. bills
8.1 Invoices must be submitted in the original and must contain at least the following information:
a) Order number and name of the ordering employee of ANSCHÜTZ
b) Supplier number of the contractor
c) Designation (esp. commission number, part number, product name, order text)
d) Quantity
e) Prices, with VAT shown and any surcharges
f) Details for the entitlement to deduct input tax (VAT identification number)
8.2 Invoices without this information shall not constitute a due date.
9. payments
9.1 Payments shall be made
a) within 14 days at trigger 3% discount or
b) within 45 days net
Deviating terms of payment are to be agreed individually.
9.2 The payment period shall commence upon receipt of the proper invoice (8.) and
a) in the case of deliveries with installation or assembly or in the case of services from acceptance,
b) in the case of deliveries without installation or assembly with complete performance of the deliveries
c) in no case, however, before the agreed date of receipt of goods.
The completeness of the deliveries shall be subject to the receipt of the test reports, quality documents or other documents. Discount deduction is also permissible if we offset or withhold payments in an appropriate amount due to defects; in this case, the payment period begins after the defects have been fully remedied.
9.3 We shall only be in default of payment if we fail to pay in response to a written reminder from the Contractor issued after the remuneration became due.
9.4 Defective deliveries shall be offset by debit note and debited to the accounts payable account.
9.5 Payments do not imply acceptance of the deliveries as being in accordance with the contract.
10. spare parts and readiness for delivery
10.1 The Contractor shall supply spare parts for the period of the anticipated technical use of the Supplies on reasonable terms, but for at least 10 years.
10.2 Irrespective of 10.1, in the event of an intended discontinuation of production of deliveries, in particular of spare parts, the contractor shall inform us of this 12 months in advance and give us the opportunity to place a final order.
11. quality assurance
11.1 The Contractor shall maintain a quality assurance system that meets the requirements of the current technical norms and standards, document its results and make them available to us for inspection. Upon request, the Contractor shall conclude a quality assurance agreement with us.
11.2 The Contractor shall keep the final inspection records for the Supplies for a period of eleven (11) years and make them available to us for inspection.
12. entrance examinations
12.1 After receipt of the delivery, we shall immediately check whether there is any externally visible transport damage or externally visible defects. We shall notify the contractor of any defects discovered in the process or later. The limitation period begins with the transfer of risk (6.1).
12.2 Complaints may be lodged within one month of receipt of the delivery or - if the defects are only noticed during processing or use - of their discovery.
12.3 We are not obliged to carry out further inspections and notifications than those mentioned above.
13 Liability for defects of quality and title
13.1 Claims for defects of quality and title (collectively "Defect Claims") by us shall become statute-barred after three (3) years, unless the law provides for longer periods.
13.2 Any technical specifications of the contractor do not constitute a conclusive agreement on quality, e.g. within the meaning of § 434 para. 1 sentence 1 BGB or § 633b para. 2 sentence 2 BGB. The same applies to the properties of any samples submitted by the contractor with regard to material and processing.
13.3 Defects which are discovered before or at the time of the passing of risk or which occur during the limitation period shall be remedied by the Contractor at its own expense at our discretion either ("rectification") or replaced by deliveries free of defects ("subsequent delivery"). This shall also apply to deliveries for which the inspection was limited to random samples. We shall make our choice at our reasonable discretion.
13.4 Insofar as the Contractor has remedied a defect acknowledged by it by means of subsequent delivery, the limitation period for defects and subsequent delivery shall recommence in this respect in accordance with 13.1 with the transfer of risk (6.1).
13.5 Insofar as the Contractor has remedied a defect acknowledged by it by means of rectification, the limitation period shall not recommence unless the rectification was defective or the defect is the same. In these cases, the limitation period pursuant to 13.1 shall recommence with the transfer of risk (6.1).
13.6 If the rectification or the subsequent delivery fails, or if the contractor is in default with the rectification or the subsequent delivery, we shall be entitled,
a) to withdraw from the contract in whole or in part without compensation or
b) to demand a reduction or
c) to carry out rectification or subsequent delivery itself at the expense of the contractor
or have them carried out and to demand compensation for damages or reimbursement of futile expenses. Sections 281 (2) and 323 (2) BGB remain unaffected. The provision in 13.9 remains unaffected.
13.7 The same shall apply if the contractor declares itself unable to carry out the rectification or subsequent delivery within a reasonable period.
13.8 If we claim damages, we shall retain the right to the delivery until the contractor has actually paid damages in the full amount.
13.9 If we have an interest in immediate rectification due to the avoidance of our own default vis-à-vis third parties or other urgency and if we have notified the contractor of the defect setting a deadline for rectification of the defect, we may carry out the rectification at the contractor's expense after expiry of the deadline. The provision in 13.6 remains unaffected.
13.10 If defective deliveries are not taken back by the contractor despite a request to do so, they may be disposed of at the contractor's expense or returned "freight collect" at the contractor's expense. The Contractor shall bear the risk of returning defective deliveries.
13.11 Further claims on our part, in particular claims arising from recourse on the part of the entrepreneur (§§ 478, 479 BGB) and for compensation for uselessly incurred handling or processing costs, shall remain unaffected.
14. recourse of Anschütz against the contractor
14.1 If an item newly manufactured by us using deliveries from the contractor and sold to a consumer is defective due to a defect in the contractor's deliveries, we may demand compensation from the contractor for the expenses that we had to bear in relation to the consumer in accordance with Section 439 (2) BGB.
14.2 If we had to take back the item as a result of its defectiveness or if the consumer has reduced the price, we are entitled vis-à-vis the contractor to a) withdraw from the contract concluded with the latter in whole or in part without compensation, or b) demand a reduction in price and damages in lieu of performance or compensation for futile expenses.
14.3 The claims arising from claims determined in 14.1 and 14.2 shall become statute-barred three years after the passing of risk (6.), unless the law provides for longer periods. However, the limitation period shall commence at the earliest two months after the time at which we have fulfilled the consumer's claims. The suspension of expiry ends at the latest five years after the transfer of risk (6.).
15 Liability
The statutory provisions apply.
16. property rights
16.1 The Contractor shall provide the delivery free of defects of title, in particular free of industrial property rights and applications for industrial property rights of third parties ("Industrial Property Rights"). In the event of a culpable infringement of Property Rights, the Contractor shall indemnify us and/or our customers if a claim is made against them out of court or in court due to the infringement of Property Rights. In the event of a legal dispute, the contractor will provide legal assistance upon request. In addition, the contractor shall compensate for damages incurred by us and/or our customers as a result of relying on the free usability, such as the resale or further processing of the delivery. The damage of our customers shall only be compensated by the contractor insofar as the customer has made a claim against us.
16.2 The Contractor shall not be liable insofar as it has manufactured the Supplies exclusively in accordance with drawings and models provided by us and it did not know or could not be expected to know that the manufacture of these Supplies constituted an infringement of rights in the aforementioned sense.
16.3 Upon request, the contractor shall name all industrial property rights which it uses in connection with the deliveries. If the contractor discovers the infringement of industrial property rights, he shall notify us of this without being asked to do so.
17. passing on of orders to third parties, right of retention
17.1 The transfer of orders to third parties without our consent is not permitted and entitles us to withdraw from the contract in whole or in part, as well as to claim damages.
17.2 The assertion of rights of retention against our claims is excluded unless the right of retention is based on the same contractual relationship.
18. set-off
The contractor may only set off such claims that are undisputed or have been legally established.
19. drawings, models, tools, moulds, patterns, etc.
19.1 Drawings, models, tools, moulds, samples, working documents, etc. ("templates") shall be made available to the contractor on loan. ("templates") which are our property shall be made available to the contractor on loan. The contractor shall ensure that the owner is clearly identifiable by labelling. The contractor waives all rights for these templates, in particular rights of retention, which may oppose a demand for return by us. The templates may neither be disposed of nor sold without our consent.
19.2 Templates handed over to the contractor shall be maintained, stored properly, treated with care and insured at replacement value, in particular against risks such as fire, lightning, explosion, water damage; electronic damage, breakage and theft. Modifications and repairs are only permitted with our consent.
20. origin of goods / certificates of origin / export regulations
20.1 The Contractor shall provide all evidence (e.g. certificates of origin) which we require for obtaining customs or other benefits and for customs clearance as well as the associated procedures, actions, etc.
20.2 The Contractor shall inform us in writing which components, components, devices, equipment, etc. are subject to export or re-export restrictions in accordance with the foreign trade regulations of the Federal Republic of Germany (in particular "Dual-Use") or, if applicable, the "US Export Regulations".
21 Confidentiality / use of the trademarks and logos
21.1 The parties shall neither pass on to third parties nor use for purposes other than the contractual purposes any templates, profiles, drawings, standard sheets, printing templates, gauges and other technical documentation, irrespective of the carrier medium ("Documents"), knowledge and information provided to them, as well as any items produced thereafter, without the consent of the other party. They shall be protected against unauthorised inspection or use to set the safety. Subject to further rights, a party may demand their surrender if the other party breaches these obligations.
21.2 The contractor is not permitted to use our company name, company identifiers (logos) and brands or recordings of our products, machines and systems as a reference or to list them in documents without our express consent.
22. insurance / forwarding conditions ADSp
22.1 We shall not bear the costs of insuring the deliveries, in particular forwarding insurance.
22.2 The validity of the German Freight Forwarders' Standard Terms and Conditions (ADSp) is excluded.
22.3 The contractor shall take out sufficient liability insurance at its own expense for damage caused by deliveries made. To cover the product liability risks, the contractor shall maintain a business liability insurance including the insurance of product asset damage (extended product liability insurance for personal injury and property damage, including foreign damage and recall cost coverage). The amount of coverage shall be proven to us upon request. The scope of the Contractor's liability shall not be limited by the conclusion and proof of the liability insurance.
23. special right of termination
If the contractor ceases to make payments, if a provisional insolvency administrator is appointed or if insolvency proceedings are opened against the assets of the contractor, we shall be entitled to withdraw from the contract in whole or in part. In the event of withdrawal, we may make use of deliveries made by the contractor in return for appropriate compensation.
24 Applicable law
The substantive law of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall not apply.
25. place of jurisdiction
The exclusive place of jurisdiction - also for cheque and bill of exchange claims - is Ulm-Danube. We are also entitled to take legal action at the contractor's place of business.
4) Repair conditions of J.G. ANSCHÜTZ GmbH & Co. KG Status February 2011 ("RBA")
1. validity of the repair conditions
1.1 The RBA apply to deliveries and services ("repair") which we provide to the Client on the basis of a contract concluded between us and the Client for the repair of an item to be repaired ("repair contract"). These terms and conditions do not apply to repairs that we perform in fulfilment of our obligations under liability for material defects or a manufacturer's warranty.
1.2 Terms and conditions other than these RBA - insofar as they are not stipulated in our offer - shall not apply.
1.3 The RBA apply to B2B clients and consumers (collectively clients): - B2B clients are clients who, when concluding the repair contract, are acting in the exercise of their commercial or independent professional activity ("entrepreneurs"), legal entities under public law and special funds under public law. - Consumers are natural persons with whom a repair contract is concluded for a purpose that cannot be attributed to their commercial or self-employed professional activity.
2. conclusion of the repair contract
2.1 A repair contract is concluded when the client places an order with us on the basis of our quotation and - if we have submitted a cost estimate - the cost estimate.
2.2 Unless otherwise agreed, we shall not provide a cost estimate up to a repair value of EUR 60 plus VAT.
3. cost estimate / additional expenditure
3.1 Should further work be necessary in the course of the repair which leads to the costs stated in the cost estimate being exceeded by more than 10% (additional expenditure), we will inform the client and only carry out the repair after issuing a new order.
3.2 Should the additional expenditure amount to less than EUR 20, we shall be entitled to carry out the repairs without issuing a new order even if the 10% limit according to 3.1 is exceeded.
3.3 If a B2B customer hands over a repair item to us for the purpose of preparing a cost estimate, we shall charge a flat rate of EUR 55 plus VAT for the work involved in the fault analysis if a repair order is not placed.
4. return in case of repair not carried out
4.1 If a repair contract is not concluded, the object to be repaired shall be returned to the Client insured and freight collect; costs for packaging shall be invoiced according to expenditure.
4.2 If the Client does not accept our offer and a repair contract is not concluded as a result, the item to be repaired will only be returned to its original condition at the Client's express request and against reimbursement of the costs, unless the work carried out was not necessary to prepare the cost estimate.
5. prices / terms of payment
5.1 We are entitled to demand a reasonable advance payment before carrying out the repair.
5.2 The invoice for the repair shall show the total price for the parts and materials used as well as for the work services. If the repair is carried out on the basis of a binding cost estimate, a reference to the cost estimate shall suffice, whereby only deviations in the scope of services shall be listed separately.
5.3 Unless otherwise agreed, the invoice shall become due for payment without trigger after acceptance of the repair (9.) and receipt of the invoice by the Client.
6. delivery / delivery conditions / transfer of risk
6.1 The costs for packaging and insured shipment of the object to be repaired after completion of the repair shall be charged separately according to expenditure.
6.2 Unless otherwise agreed, in the case of a repair order with a B2B customer, the risk shall pass to the customer when the object to be repaired has been made available by us for dispatch.
6.3 In the case of a repair order with a consumer, the risk shall pass in accordance with the statutory provisions.
7. lien
7.1 We shall be entitled to a lien on the Client's object of repair that has come into our possession on the basis of the repair contract on account of our claim arising from the repair contract.
7.2 The right of lien may also be asserted on account of claims arising from work carried out earlier, deliveries of spare parts and other services, insofar as they are connected with the object of repair.
8. repair time
8.1 Unless otherwise agreed, information on the time of completion of the repair is non-binding.
8.2 The Client may only request the agreement of a binding repair time when the scope of the repairs has been precisely determined.
8.3 The repair time is subject to the timely receipt of all documents and releases to be provided by the Client, as well as the Client's compliance with the agreed terms of payment and other obligations. If these prerequisites are not fulfilled in time, the deadlines shall be extended appropriately; this shall not apply if we are responsible for the delay.
8.4 If non-compliance with the deadlines is due to force majeure, e.g. mobilisation, war, riot or similar events, e.g. strike, lockout, the deadlines shall be extended accordingly.
8.5 If we are in default with the repair, our liability for damages in the event of slight negligence shall be limited to the foreseeable damage. This shall not apply if we are responsible for the delay due to intent or gross negligence.
9. decrease
The Client shall accept the repair after collection or dispatch of the object of repair plus a reasonable time for inspection by the Client, but no later than eight (8) working days after collection or dispatch, unless the Client expressly refuses acceptance to us.
10. material defect
10.1 We shall be liable for a material defect in the repair for 12 months after acceptance of the repair (9.).
10.2 The liability for material defects shall not apply if the Customer has carried out interventions and/or repairs to the deliveries himself or has had them carried out by persons who have not been authorised by us and insofar as the material defect that has occurred is due to this.
10.3 Furthermore, there shall be no liability for material defects if the material defect is due to a circumstance attributable to the Client. This applies in particular with regard to parts provided by the Client.
10.4 Furthermore, there shall be no liability for material defects in the event of natural wear and tear.
10.5 B2B customers shall notify us immediately in writing of any material defect detected.
11. claims for damages / exclusion of liability
11.1 Claims for damages and reimbursement of expenses on the part of the client, regardless of the legal grounds, are excluded. Therefore, we shall not be liable in particular for damage that has not occurred to the object of repair itself, in particular for loss of profit or for other financial losses of the Client.
11.2 This shall not apply insofar as we are compulsorily liable, e.g. under the Product Liability Act or in cases of intent, gross negligence, injury to life, limb or health, or breach of material contractual repair obligations.
11.3 However, compensation for damages for the breach of essential repair contract obligations shall be limited to the foreseeable damage typical for the contract, unless we are guilty of intent or gross negligence or we are liable for injury to life, limb or health.
11.4 Insofar as our liability is excluded or limited in accordance with 11, this shall also apply to the personal liability of our employees, workers, staff and other vicarious agents, but not to the personal liability of legal representatives and executives.
11.5 Insofar as the Client is entitled to claims for damages in accordance with 11, these shall become statute-barred 12 months after acceptance (9). In the event of intent, fraudulent intent and claims for damages under the Product Liability Act, the statutory limitation provisions shall apply. In the event of intent and claims for damages under the Product Liability Act, the statutory limitation provisions shall apply.
11.6 A change in the burden of proof to the detriment of the Client is not associated with the provisions in 11.
12. data protection
The personal data provided to us is collected, stored and used by us in compliance with the provisions of the Federal Data Protection Act and the Telemedia Act by means of electronic data processing (EDP).
13 Applicable law
The substantive law of the Federal Republic of Germany shall apply.
14 Jurisdiction
In relation to B2B clients, the exclusive place of jurisdiction shall be Ulm.
5) Voucher conditions of J.G. ANSCHÜTZ GmbH & Co. KG Status October 2020
6) Information obligations according to §18 Para. 2 Electrical and Electronic Equipment Act
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