Terms of delivery Ingenieurbüro CAT, M. Zipperer GmbH
§ 1 Scope of application
These General Terms and Conditions of Delivery ("ALB") shall also apply to future deliveries and services (hereinafter referred to collectively as "Deliveries") of Ingenieurbüro CAT M. Zipperer GmbH, Wettelbrunner Str. 6, 79282 Ballrechten-Dottingen (Managing Director Markus Zipperer, Local Court Freiburg HRB St108). The ALB shall apply both to consumers and to entrepreneurs within the meaning of § 14 BGB, legal entities under public law or special funds under public law. According to § 13 BGB, consumers are natural persons who place an order for a purpose that cannot be predominantly attributed to their commercial or independent professional activity. The customer's terms and conditions of business do not apply, in particular even if we do not object to the validity of such terms and conditions.
§ 2 Conclusion of contract
Our offers are not binding. Even with the presentation and advertising of products in catalogs, on our website or in other advertising materials, we do not make a binding offer to sell certain products. A contract is only concluded when we accept your order by a declaration of acceptance or by delivering the ordered items. For your time commitment to your order the legal regulation (§ 147 paragraph 2 BGB) applies. You can order products by telephone, fax, e-mail, via an online store that may be available on our website or in writing by mail. If you have ordered by e-mail or via an online store that may be available on our website, we will confirm receipt of your order immediately by e-mail. Such confirmation does not constitute a binding acceptance of the order.
§ 3 Right of revocation
If you have ordered as a consumer (cf. § 1 para. 2), you have a right of revocation under the legal requirements. For the right of revocation, the statutory provisions and the regulations which are reproduced in detail in the following revocation instruction apply: Right of revocation You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods or the last partial shipment or the last piece. In order to exercise your right of revocation, you must inform us, Ingenieurbüro CAT, M. Zipperer GmbH, Wettelbrunner Str. 6, 79282 Ballrechten- Dottingen, Germany, telephone: +49-7634 50 56 811, fax: +49-7634-50 56 801,E-Mail: firstname.lastname@example.org by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period. Consequences of the revocation: If you revoke this contract, we shall reimburse you for all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheaper standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive the notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to Ingenieurbüro CAT, M. Zipperer GmbH, Wettelbrunner Str. 6, 79282 Ballrechten-Dottingen, Germany immediately and in any case within fourteen days at the latest from the day you inform us of the cancellation of this contract. The time limit shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for a possible loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for the examination of the condition, properties and functionality of the goods - End of the revocation instruction - Notes on legal exceptions to the right of revocation: The right of revocation is available to you according to the legal provisions, among others not to with contracts for the supply of goods, which are not prefabricated and for whose production an individual selection or determination by the consumer is relevant or which are clearly cut to the personal needs of the consumer, and with contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal was removed after the supply
§ 4 Content of contract
Illustrations or drawings provided or surrendered by us or colour, weight, dimensional or similar specifications are only approximate values unless they are expressly designated as binding. Our product and service descriptions are not guarantees in the legal sense. Only guarantees made in writing and expressly designated as such bind us. Insofar as the contract is not concluded with consumers (cf. § 1 para. 2), we may also change the agreed delivery or service or deviate from it after conclusion of a contract if and insofar as the change is customary in the trade or insignificant and does not affect any quality guaranteed by us.
§ 5 Prices, postage and shipping costs, offsetting
Unless otherwise stated, all prices quoted on our website, in catalogs or other advertising material are gross prices including the legal sales tax plus any postage and shipping costs incurred. In the case of partial deliveries (§ 6 para. 2) you will only incur postage and shipping costs for the first partial delivery, not for further partial deliveries. If partial deliveries are made at your request, we will charge postage and shipping costs for each partial delivery. Unless otherwise agreed, our purchase price claims are due in accordance with the statutory provisions; however, we grant a payment period of two (2) weeks from receipt of invoice, unless delivery is made against advance payment or cash on delivery in accordance with paragraph 4. We only supply customers with residence or place of business abroad against prepayment. Furthermore, we reserve the right to deliver only against prepayment or cash on delivery for first orders, in case of justified indications of a risk of non-payment or in other justified individual cases. In the case of payment by cash on delivery, the purchase price and the postage and shipping costs plus a cash on delivery fee in the amount determined by the postal service provider will be collected by the deliverer. You are not entitled to offset against our claims unless your counterclaims are legally binding or undisputed.
§ 6 Delivery
Delivery and performance periods or times stated in our order confirmation or otherwise agreed upon are approximate periods or times. We are entitled to make partial deliveries, as far as this is reasonable for you. If we are unable to deliver an ordered item or cannot deliver it on time due to reasons for which we are not responsible as a result of non-delivery, late or incorrect delivery by a pre-supplier, although we have concluded a corresponding purchase agreement with the pre-supplier before conclusion of the contract, we are entitled to release ourselves from the delivery obligation. If you have placed an order as a consumer (§ 1 para. 2), we are obliged in this case to inform you immediately about the non-availability of the article and to reimburse you without delay for any consideration that may have been paid. If we are prevented from delivering on time through no fault of our own by force majeure or other unforeseeable circumstances, delivery periods shall be extended by the period of time in which the disruption continues, plus a reasonable start-up period after the disruption has ended. Sentence 1 shall apply accordingly if circumstances in the aforementioned sense occur at our supplier. If the hindrance is not only of temporary duration, we can release ourselves from our obligation to perform by means of a declaration.
§ 7 Retention of title
In the case of orders from consumers (cf. § 1 para. 2) we reserve the right of ownership of the delivered product until the purchase price has been paid in full. If you have not placed the order as a consumer, the following provisions in paragraphs 2 to 7 shall apply We reserve the title to goods and services ("reserved goods") until all our claims arising from the business relationship with you (including e.g. ancillary claims, claims for damages and costs of cheques or bills of exchange) have been settled. The retention of title shall also remain in force if individual claims are included by us in current invoices or the balance is drawn. The retention of title refers to both the actual and the acknowledged balance. The customer shall always process or work on delivery items for us as manufacturer within the meaning of § 950 BGB. If the reserved goods are processed, combined or inseparably mixed or blended with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the value of the goods of the customer or third parties not belonging to us. If, in the cases mentioned in sentence 2, the customer acquires sole ownership by operation of law of the new uniform object created using the goods subject to retention of title, the customer shall transfer co-ownership to us in accordance with the share regulated in sentence 2 to secure the claims mentioned in paragraph 2 and shall keep the object in safe custody for us free of charge. In all other respects, the provisions concerning the reserved goods shall apply accordingly to the new item created by processing, combining or mixing. The customer may sell the reserved goods in the ordinary course of business. However, he may not pledge the goods subject to retention of title or assign them to others as security without our written consent. The customer must inform us immediately if the reserved goods are pledged by third parties. The customer assigns to us as security all claims against his customers arising from the resale of the goods subject to retention of title upon conclusion of a contract, but at the latest upon acceptance of the delivery item. We authorize the customer to collect claims assigned to us. However, we remain entitled to collect the claim despite this authorization. If the customer is in default of payment, suspends payment or if an application for the opening of insolvency proceedings has been filed against the customer's assets, we may revoke the direct debit authorization. Upon our request, the customer shall, in the event of revocation, provide us with the information required to assert the assigned claims, hand over all documents serving as evidence of the claim and disclose the assignment. In this case we are also entitled to disclose the assignment. In the event of default of payment by the customer, we can demand the return of the reserved goods if we withdraw from the individual contract on which the respective delivery is based at the latest at the time of the demand for return. In this case, the customer shall assign to us any claims against third parties for the return of the reserved goods. At the customer's request, we shall release securities to the extent that the realizable value of the securities existing for us exceeds the claims to be secured by more than 10%.
§ 8 Defects of quality and title
If you have concluded the contract with us as a consumer (cf. § 1 para. 2), you shall be entitled to all rights existing under the statutory provisions without restriction in the event of any material defects or defects of title of delivered products, but with the proviso that the limitations and exclusions provided for in § 9 shall apply to claims for damages or compensation for futile expenditure. If you have not concluded the contract as a consumer, we shall be liable for material defects and defects of title in accordance with the statutory provisions, unless otherwise provided for below: We shall not be liable for defects of title resulting from the fact that we have based our actions on technical drawings, drafts or other information provided to us by the customer. We shall only be liable for the use of the products outside Germany without legal defects if such use has been agreed upon or was to be expected under the circumstances at the time of conclusion of the contract. In the event of any liability for the freedom from defects of title outside of Germany existing thereafter, we shall only be liable for ensuring that the use at the time of conclusion of the contract is not opposed by any rights existing abroad which we were aware of at that time or were not aware of due to gross negligence. We provide the warranty for material defects and defects of title by subsequent performance, at our choice either by eliminating defects or by supplying a new delivery free of defects. If the subsequent performance fails, the customer may demand a reduction of the remuneration or - in the case of substantial defects - withdraw from the contract at his discretion. The customer can only demand compensation for damages due to defects under the legal requirements and only insofar as liability according to § 9 is given. Other claims due to defects are excluded. Claims due to defects become time-barred twelve months after the transfer of risk, unless we have fraudulently concealed defects or caused them intentionally or by gross negligence or we are liable on the basis of a guarantee or due to defects because of injury to life, body or health. Any seller's warranties given by us for certain articles or manufacturer's warranties granted by the manufacturers of certain articles shall apply in addition to claims for material defects or defects of title within the meaning of paragraphs1. and para. 2 Details of the scope of such guarantees are set out in the guarantee conditions which may accompany the articles.
§ 9 Liability
We are liable to you in all cases of contractual and non-contractual liability for damages or compensation for futile expenditure in the event of intent and gross negligence in accordance with the statutory provisions. In other cases we shall be liable - unless otherwise provided for in paragraph 3 - only in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases our liability is excluded subject to the provision in paragraph 3. Our liability for damages resulting from injury to life, body or health, for seller's warranties assumed and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability. The aforementioned limitations and exclusions of liability also apply in favour of our legal representatives, employees and vicarious agents The aforementioned liability regulations also apply in cases in which you are entitled to compensation for damages or reimbursement of futile expenses due to material defects or defects of title of delivered products according to the statutory provisions. If you have not concluded the contract as a consumer (§ 1 para. 2), any claims for damages against us in accordance with para. 2 of this § 9 shall become statute-barred after twelve months from the start of the statutory limitation period.
§ 10 Involvement of vicarious agents
We may engage or replace vicarious agents without the prior consent of the customer. We are liable for the fault of vicarious agents as well as for our own fault within the scope of the exclusions and limitations of liability regulated in these ALB.
§ 11 Place of performance, applicable law and place of jurisdiction
The place of performance for all deliveries and services is our place of business. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer (cf. § 1 para. 2) and do not have your habitual residence in Germany at the time of your order, the application of mandatory legal provisions of the country of your habitual residence shall remain unaffected by the choice of law made in sentence 1. If you are a merchant, a legal entity under public law or a special fund under public law, the courts having local jurisdiction for our place of business shall have exclusive jurisdiction; however, we may also bring an action before another court having local jurisdiction. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.