Conditions
General Terms and Conditions
of Sägen-Mehring GmbH, 68766 Hockenheim ("Seller")
1. Validity of the terms and conditions
By placing the order, the buyer agrees to these terms and conditions, even without express consent. These apply exclusively insofar as they are not changed by express agreement between the parties. Any conditions or provisions of the buyer that change the contract are contradicted; they only become effective for the seller if the seller agrees to the changes in writing. These provisions are the basis for all future individual transactions between seller and buyer and exclude any other agreement.
2 offers
Our offers are non-binding. We reserve unlimited property rights and copyrights to drawings, cost estimates and other documents. They must not be made accessible to third parties and must be returned immediately upon request, but in any case if the order is not placed. Any utilization may only take place in cooperation with us. Self-use by the customer is expressly excluded. We reserve the right to make technical changes as well as those for improvement.
3. Prices
The prices in the price list are in EURO. The prices listed in the last and thus the only valid price list apply. The price list is based on the material / raw material prices valid at the time of its creation. The seller reserves the right to adjust the prices if the material basis changes and to calculate the prices / alloy surcharges valid on the day of delivery without prior notice.
The prices are net prices plus the applicable statutory value added tax. The prices are ex works, excluding packaging and transport costs. The prices apply to the normal catalog version and dimensions. Insofar as the customer deviates from this in his order, this leads to a new price measurement by the seller, even without express prior notice. If the seller grants a special offer for a specific product, he is only bound to it if the offer is accepted by the customer within a period of 4 weeks from the offer. Declarations of acceptance received after this no longer lead to a bond.
4. Delivery
The minimum order value is € 50.00 net. For an order value of less than € 50.00 net, a flat-rate freight charge of € 8.00 will be charged. Insofar as delivery dates have been agreed, these are non-binding. The delivery times begin with the final conclusion of the contract. Exceeding the non-binding agreed delivery period does not entitle the customer or third parties to make any claims. If the delivery deadlines cannot be met because this is not possible due to force majeure (war, strike, operational disruptions, etc.), the agreed delivery dates are completely non-binding and, in addition, entitle the seller to withdraw from the execution of the orders in special cases To make partial deliveries. In the case of tools that are sensitive to breakage or hardness as well as custom-made tools, the seller reserves the right to over- or under-deliver up to 10% of the ordered quantity without further agreement.
5. Payment
Payment for deliveries must be made within 10 days with a 2% discount or within 30 days net from the invoice date without any deduction from the seller. Without the need for any further agreement, the buyer is in default after 30 days from the invoice date. Repair and sharpening orders are excluded from this. These are payable immediately after receipt of the invoice without any deduction. In the case of these repair and sharpening orders, the seller is entitled to demand customary bank interest on the invoice amount 3 days after receipt of the invoice by the buyer, even without a reminder. If a partial payment agreement has been made and the customer is in arrears with more than two partial payments, the remaining amount is due in full immediately. The same also applies in the event that the seller becomes aware of circumstances that make the security of the claim appear to be at risk. Bills of exchange and checks are only accepted on account of payment and only against payment of all expenses incurred. Insofar as the seller becomes aware of circumstances which make the security of the claims appear to be at risk, he is entitled to demand immediate payment of the entire purchase price, even if bills of exchange accepted before the due date is due.
6. Transfer of risk / transport
The transfer of risk is determined in accordance with the statutory provisions of Sections 446 and 447 of the German Civil Code (BGB). Unless otherwise agreed, shipping is carried out on account of the buyer. At the request of the buyer, the shipment can be insured by the seller against theft, breakage, transport, fire and water damage and other insurable risks. The buyer carries the costs.
7. Packaging
The packaging costs are to be borne separately by the buyer. The calculation is made at cost price.
8. Retention of title
The seller retains ownership of the delivery items until all outstanding claims from the business relationship with the buyer have been paid. The retention of title also extends to the recognized balance, insofar as the seller books claims against the buyer in a current account (current account reservation). In the event of breach of contract by the buyer, in particular default of payment, the seller is entitled to take back and the buyer is obliged to surrender. The assertion of the retention of title by the seller does not constitute a withdrawal from the contract, unless the statutory provisions on the granting of consumer credits apply or the withdrawal is expressly declared in writing by the seller. The seizure of the delivery item always implies a withdrawal from the contract. The buyer is entitled to resell the delivery items in the ordinary course of business; However, he already now assigns to the seller all claims in the amount of the purchase price agreed between the seller and the buyer (including VAT) that the buyer will accrue from the resale, regardless of whether the delivery items are resold without or after processing. The buyer is authorized to collect these claims after they have been assigned. The right of the seller to collect the claims himself remains unaffected by this; however, the latter undertakes not to collect the claims as long as the buyer properly meets his payment obligations and is not in default of payment. If this is the case, however, the seller can demand that the buyer disclose the assigned claims and their debtors, provide all information required for collection, hand over the associated documents and notify the debtors (third parties) of the assignment. The processing or transformation of the goods by the customer is always carried out for the seller. If the delivery items are processed with other items that do not belong to the seller, he shall acquire joint ownership of the new item in the ratio of the value of the delivery items to the other processed items at the time of processing. If the delivery items are inseparably mixed with other items that do not belong to him, he shall acquire co-ownership of the new item in the ratio of the value of the delivery items to the other mixed items. The buyer keeps the co-ownership for him. The buyer may neither pledge the delivery items nor assign them as security. In the event of seizure, confiscation or other dispositions by third parties, the buyer must immediately notify the seller in writing and provide him with all information and documents that are necessary to safeguard his rights. Enforcement officers or a third party must be made aware of the property of the seller. If the seller files a lawsuit according to § 771 ZPO and the third party is unable to reimburse him for the judicial and extrajudicial costs of this lawsuit, the buyer is liable for the loss incurred. The seller undertakes to release the securities to which he is entitled at the buyer's request, insofar as the value exceeds the claims to be secured by more than 20%, insofar as these have not yet been settled.
9. Resignation
If the buyer does not accept the delivery item, the seller is entitled to set the buyer a grace period of 14 days by declaring that he will refuse to execute the order after this period has expired. If the deadline has expired without success, the seller is entitled to withdraw from the contract by means of a written declaration or to demand compensation for non-performance. There is no need to set a grace period if the buyer seriously and finally refuses acceptance.
If the seller demands compensation, this amounts to 20% of the order price. The amount of damage is to be set higher or lower if the seller proves a higher or the buyer a lower damage.
10. Cancellation
If the buyer cancels the contract, the written consent of the seller is required for the cancellation to be valid. As far as the approval is given, the buyer has to reimburse the seller for all costs incurred up to then. In this case, the drawings, models, etc. made by the seller remain the property of the seller.
11. Warranty
The seller guarantees that the tools manufactured or repaired by the supplier are properly designed, properly executed and properly selected. The seller warrants that the delivery / object of purchase is free from defects that negate or reduce the value or suitability for normal use as stipulated in the contract. An insignificant reduction in value or suitability is out of the question. The warranty period is 6 months from delivery. The seller warrants that, depending on his choice, the defects will either be eliminated free of charge or defective parts replaced. Any further claims by the buyer, in particular a claim for compensation for damage that did not occur on the object of purchase itself, are excluded to the extent permitted by law. The seller does not provide any guarantee for defects caused by incorrect handling, improper handling, unauthorized changes or incorrect use. Insofar as complaints are made on the part of the buyer, the rejected parts must be sent to the seller free of charge for the purpose of testing with precise information on the conditions of use. Sample drawings and other documents made available by the buyer for the execution of orders remain in the seller's possession. The retention period is 4 months. The return takes place only at the express request of the buyer and at his expense.
12. Notices of defects
The buyer has an immediate obligation to examine. Notices of defects must be submitted in writing with justification within a period of 14 days after receipt of the goods; access by the seller is decisive. Later shows a defect caused by the usual
Investigation methods cannot be identified upon receipt of the goods (hidden defect), the buyer must report the hidden defect immediately, but no later than 5 days after becoming aware of it.
Notifications of defects after these deadlines or disregarding the agreed form can no longer trigger the buyer's rights.
13. Returns
The buyer is only allowed to return the goods after prior written agreement with the seller. Without such written approval from the seller, the costs of the return must be borne by the buyer. The seller is entitled not to accept returns sent freight collect. Custom-made products are generally not taken back.
14. Goods credit
If a goods credit is granted, the amount of the credit arises from the amount of the original invoice minus 15% processing costs. If the goods are returned due to a goods credit agreement, the buyer has to bear the resulting costs.
15. Place of performance and jurisdiction
The place of fulfillment is the headquarters of the seller. In the case of all disputes arising from the contractual relationship, the action must be brought to the court that is responsible for the headquarters of the seller. The latter is also entitled to sue at the buyer's headquarters. German law applies exclusively to the exclusion of the laws on the international purchase of movable property, even if the buyer is based abroad.
16. Technical changes
The seller expressly reserves the right to make technical changes to tools and machines if necessary. The buyer cannot derive any rights from this.
17. Reprints
Reprints of the content of the price list, including extracts, of images or drawings require express, prior written approval.
18. Data protection
Personal data is collected, stored, processed and used within the framework of the statutory provisions for the purpose of entering into and implementing the contractual relationship. In this context, we reserve the right to transfer data (name and address of the customer) to relevant companies for credit checks.
19. Offsetting / right of retention
The buyer can only offset against legally established, undisputed or recognized counterclaims or exercise his right of retention.
20. Miscellaneous / severability clause
Transfers of rights and obligations of the buyer from the contract concluded with the seller require written consent to be effective. Should one of the above provisions be or become void, this shall not affect the validity of the other provisions. The ineffective provision is to be replaced by an effective one that realizes the economic purpose pursued with it as far as possible.
Status: 09/2011
of Sägen-Mehring GmbH, 68766 Hockenheim ("Seller")
1. Validity of the terms and conditions
By placing the order, the buyer agrees to these terms and conditions, even without express consent. These apply exclusively insofar as they are not changed by express agreement between the parties. Any conditions or provisions of the buyer that change the contract are contradicted; they only become effective for the seller if the seller agrees to the changes in writing. These provisions are the basis for all future individual transactions between seller and buyer and exclude any other agreement.
2 offers
Our offers are non-binding. We reserve unlimited property rights and copyrights to drawings, cost estimates and other documents. They must not be made accessible to third parties and must be returned immediately upon request, but in any case if the order is not placed. Any utilization may only take place in cooperation with us. Self-use by the customer is expressly excluded. We reserve the right to make technical changes as well as those for improvement.
3. Prices
The prices in the price list are in EURO. The prices listed in the last and thus the only valid price list apply. The price list is based on the material / raw material prices valid at the time of its creation. The seller reserves the right to adjust the prices if the material basis changes and to calculate the prices / alloy surcharges valid on the day of delivery without prior notice.
The prices are net prices plus the applicable statutory value added tax. The prices are ex works, excluding packaging and transport costs. The prices apply to the normal catalog version and dimensions. Insofar as the customer deviates from this in his order, this leads to a new price measurement by the seller, even without express prior notice. If the seller grants a special offer for a specific product, he is only bound to it if the offer is accepted by the customer within a period of 4 weeks from the offer. Declarations of acceptance received after this no longer lead to a bond.
4. Delivery
The minimum order value is € 50.00 net. For an order value of less than € 50.00 net, a flat-rate freight charge of € 8.00 will be charged. Insofar as delivery dates have been agreed, these are non-binding. The delivery times begin with the final conclusion of the contract. Exceeding the non-binding agreed delivery period does not entitle the customer or third parties to make any claims. If the delivery deadlines cannot be met because this is not possible due to force majeure (war, strike, operational disruptions, etc.), the agreed delivery dates are completely non-binding and, in addition, entitle the seller to withdraw from the execution of the orders in special cases To make partial deliveries. In the case of tools that are sensitive to breakage or hardness as well as custom-made tools, the seller reserves the right to over- or under-deliver up to 10% of the ordered quantity without further agreement.
5. Payment
Payment for deliveries must be made within 10 days with a 2% discount or within 30 days net from the invoice date without any deduction from the seller. Without the need for any further agreement, the buyer is in default after 30 days from the invoice date. Repair and sharpening orders are excluded from this. These are payable immediately after receipt of the invoice without any deduction. In the case of these repair and sharpening orders, the seller is entitled to demand customary bank interest on the invoice amount 3 days after receipt of the invoice by the buyer, even without a reminder. If a partial payment agreement has been made and the customer is in arrears with more than two partial payments, the remaining amount is due in full immediately. The same also applies in the event that the seller becomes aware of circumstances that make the security of the claim appear to be at risk. Bills of exchange and checks are only accepted on account of payment and only against payment of all expenses incurred. Insofar as the seller becomes aware of circumstances which make the security of the claims appear to be at risk, he is entitled to demand immediate payment of the entire purchase price, even if bills of exchange accepted before the due date is due.
6. Transfer of risk / transport
The transfer of risk is determined in accordance with the statutory provisions of Sections 446 and 447 of the German Civil Code (BGB). Unless otherwise agreed, shipping is carried out on account of the buyer. At the request of the buyer, the shipment can be insured by the seller against theft, breakage, transport, fire and water damage and other insurable risks. The buyer carries the costs.
7. Packaging
The packaging costs are to be borne separately by the buyer. The calculation is made at cost price.
8. Retention of title
The seller retains ownership of the delivery items until all outstanding claims from the business relationship with the buyer have been paid. The retention of title also extends to the recognized balance, insofar as the seller books claims against the buyer in a current account (current account reservation). In the event of breach of contract by the buyer, in particular default of payment, the seller is entitled to take back and the buyer is obliged to surrender. The assertion of the retention of title by the seller does not constitute a withdrawal from the contract, unless the statutory provisions on the granting of consumer credits apply or the withdrawal is expressly declared in writing by the seller. The seizure of the delivery item always implies a withdrawal from the contract. The buyer is entitled to resell the delivery items in the ordinary course of business; However, he already now assigns to the seller all claims in the amount of the purchase price agreed between the seller and the buyer (including VAT) that the buyer will accrue from the resale, regardless of whether the delivery items are resold without or after processing. The buyer is authorized to collect these claims after they have been assigned. The right of the seller to collect the claims himself remains unaffected by this; however, the latter undertakes not to collect the claims as long as the buyer properly meets his payment obligations and is not in default of payment. If this is the case, however, the seller can demand that the buyer disclose the assigned claims and their debtors, provide all information required for collection, hand over the associated documents and notify the debtors (third parties) of the assignment. The processing or transformation of the goods by the customer is always carried out for the seller. If the delivery items are processed with other items that do not belong to the seller, he shall acquire joint ownership of the new item in the ratio of the value of the delivery items to the other processed items at the time of processing. If the delivery items are inseparably mixed with other items that do not belong to him, he shall acquire co-ownership of the new item in the ratio of the value of the delivery items to the other mixed items. The buyer keeps the co-ownership for him. The buyer may neither pledge the delivery items nor assign them as security. In the event of seizure, confiscation or other dispositions by third parties, the buyer must immediately notify the seller in writing and provide him with all information and documents that are necessary to safeguard his rights. Enforcement officers or a third party must be made aware of the property of the seller. If the seller files a lawsuit according to § 771 ZPO and the third party is unable to reimburse him for the judicial and extrajudicial costs of this lawsuit, the buyer is liable for the loss incurred. The seller undertakes to release the securities to which he is entitled at the buyer's request, insofar as the value exceeds the claims to be secured by more than 20%, insofar as these have not yet been settled.
9. Resignation
If the buyer does not accept the delivery item, the seller is entitled to set the buyer a grace period of 14 days by declaring that he will refuse to execute the order after this period has expired. If the deadline has expired without success, the seller is entitled to withdraw from the contract by means of a written declaration or to demand compensation for non-performance. There is no need to set a grace period if the buyer seriously and finally refuses acceptance.
If the seller demands compensation, this amounts to 20% of the order price. The amount of damage is to be set higher or lower if the seller proves a higher or the buyer a lower damage.
10. Cancellation
If the buyer cancels the contract, the written consent of the seller is required for the cancellation to be valid. As far as the approval is given, the buyer has to reimburse the seller for all costs incurred up to then. In this case, the drawings, models, etc. made by the seller remain the property of the seller.
11. Warranty
The seller guarantees that the tools manufactured or repaired by the supplier are properly designed, properly executed and properly selected. The seller warrants that the delivery / object of purchase is free from defects that negate or reduce the value or suitability for normal use as stipulated in the contract. An insignificant reduction in value or suitability is out of the question. The warranty period is 6 months from delivery. The seller warrants that, depending on his choice, the defects will either be eliminated free of charge or defective parts replaced. Any further claims by the buyer, in particular a claim for compensation for damage that did not occur on the object of purchase itself, are excluded to the extent permitted by law. The seller does not provide any guarantee for defects caused by incorrect handling, improper handling, unauthorized changes or incorrect use. Insofar as complaints are made on the part of the buyer, the rejected parts must be sent to the seller free of charge for the purpose of testing with precise information on the conditions of use. Sample drawings and other documents made available by the buyer for the execution of orders remain in the seller's possession. The retention period is 4 months. The return takes place only at the express request of the buyer and at his expense.
12. Notices of defects
The buyer has an immediate obligation to examine. Notices of defects must be submitted in writing with justification within a period of 14 days after receipt of the goods; access by the seller is decisive. Later shows a defect caused by the usual
Investigation methods cannot be identified upon receipt of the goods (hidden defect), the buyer must report the hidden defect immediately, but no later than 5 days after becoming aware of it.
Notifications of defects after these deadlines or disregarding the agreed form can no longer trigger the buyer's rights.
13. Returns
The buyer is only allowed to return the goods after prior written agreement with the seller. Without such written approval from the seller, the costs of the return must be borne by the buyer. The seller is entitled not to accept returns sent freight collect. Custom-made products are generally not taken back.
14. Goods credit
If a goods credit is granted, the amount of the credit arises from the amount of the original invoice minus 15% processing costs. If the goods are returned due to a goods credit agreement, the buyer has to bear the resulting costs.
15. Place of performance and jurisdiction
The place of fulfillment is the headquarters of the seller. In the case of all disputes arising from the contractual relationship, the action must be brought to the court that is responsible for the headquarters of the seller. The latter is also entitled to sue at the buyer's headquarters. German law applies exclusively to the exclusion of the laws on the international purchase of movable property, even if the buyer is based abroad.
16. Technical changes
The seller expressly reserves the right to make technical changes to tools and machines if necessary. The buyer cannot derive any rights from this.
17. Reprints
Reprints of the content of the price list, including extracts, of images or drawings require express, prior written approval.
18. Data protection
Personal data is collected, stored, processed and used within the framework of the statutory provisions for the purpose of entering into and implementing the contractual relationship. In this context, we reserve the right to transfer data (name and address of the customer) to relevant companies for credit checks.
19. Offsetting / right of retention
The buyer can only offset against legally established, undisputed or recognized counterclaims or exercise his right of retention.
20. Miscellaneous / severability clause
Transfers of rights and obligations of the buyer from the contract concluded with the seller require written consent to be effective. Should one of the above provisions be or become void, this shall not affect the validity of the other provisions. The ineffective provision is to be replaced by an effective one that realizes the economic purpose pursued with it as far as possible.
Status: 09/2011