General Terms And Conditions - eisenblatter PIPE SNIPER 802 HT Original Instructions Manual

General Terms and Conditions

§ 1 Scope of use
(1) These general conditions of sale of Gerd Eisenblätter GmbH, Jeschkenstrasse 12d,
82538 Geretsried, Germany (hereinafter EISENBLÄTTER GmbH) apply exclusively. Devia-
ting or conflicting terms are not recognized by EISENBLÄTTER GmbH unless the latter has
expressly accepted them.
(2) Unless otherwise specified in particular contexts, these general conditions of sale
apply to all customers, regardless of whether they are entrepreneurs (§ 14 BGB (German
Civil Code)), legal persons under public law or a special fund under public law as defined
in § 310 para. 1 BGB or consumers (§ 13 BGB).
(3) If the client is an entrepreneur, these general conditions of sale also apply to all future
business transactions between EISENBLÄTTER GmbH and the customer. These general
terms and conditions also apply if EISENBLÄTTER GmbH delivers the goods in awareness
of deviating or conflicting terms.
§ 2 Conclusion of the contract
(1) Provided that the order constitutes an offer as defined in § 145 BGB, EISENBLÄTTER
GmbH is able to accept it within a week in case of mail orders or within a term of three
business days in other cases.
(2) Orders and order acceptance shall be in text form; an exception to this rule applies for
transactions initiated via the online store (see Section B), which do not require text form.
(3) EISENBLÄTTER GmbH reserves ownership and copyrights to the Illustrations, drawings,
calculations and other documents belonging to them. This also applies to written docu-
ments designated as "confidential", which must not be passed on to third parties by the
customer without prior express written approval.
§ 3 Payment terms
(1) Prices quoted by EISENBLÄTTER GmbH do not include packaging and shipping costs,
unless otherwise expressly agreed upon. Further, prices as quoted to entrepreneurs are to
be understood as not including value added tax, whereas prices as quoted to customers
are to be understood as including value added tax. For customer orders, prices as quoted
on the website of the online store (see Section B) include a value added tax of 19 %.
(2) The purchase price becomes payable upon conclusion of the contract. EISENBLÄTTER
GmbH reserves the right to offer payment on invoice to regular customers. In this case,
the purchase price is due 14 days after billing. If the client is an entrepreneur, a late
payment interest at a rate of 9 % above the respective base rate p.a. will be charged after
the due date. Claims for further damages caused by the delay remain unaffected.
§ 4 Set-off, retention
The buyer shall be entitled to offset only to the extent that his counterclaims stem from
the same contractual relationship or are recognized, undisputed, or final and absolute
under court decision. Any claims for retention rights by the buyer may be based only on
counterclaims stemming from the same contractual relationship.
§ 5 Delivery, passing of risk
(1) Delivery requires a timely and orderly performance of the obligations by the buyer. The
defense of unperformed contract remains reserved.
(2) When shipping the goods per the buyer's request, the risk of accidental destruction
and accidental deterioration of the goods is transferred to the buyer at the time of
dispatch. This does not apply if the customer is a consumer. In this case the risk is passed
on to the consumer upon delivery of the goods.
(3) In case of default in acceptance or another culpable violation of duties to cooperate
by the buyer, EISENBLÄTTER GmbH is entitled to compensation for the resulting damage,
including any additional expenses. Any further claims remain reserved. The risk of acci-
dental destruction or damage to the goods is in this case transferred to the buyer upon
default in acceptance.
§ 6 Retention of title
(1) If the buyer is a consumer, the goods remain the property of EISENBLÄTTER GmbH
until all payments from the sales contract have been fully received by EISENBLÄTTER
GmbH. If the buyer is an entrepreneur, the goods remain the property of EISENBLÄTTER
GmbH until all payments from the business relationship have been fully received by
EISENBLÄTTER GmbH. If the buyer has breached the contract, including payment default,
EISENBLÄTTER GmbH has the right to take back the goods.
(2) The buyer shall be obliged to handle the goods carefully, insure them appropriately
and maintain them as necessary.
(3) To the extent that the purchase price has not been fully paid, the buyer shall be
obliged to give immediate written notice to EISENBLÄTTER GmbH if the goods are encum-
bered with the rights of third parties or otherwise become subject to intervention by third
parties.
(4) The buyer, if he is an entrepreneur, is in the ordinary course of business entitled to
further sale of goods which are subject to retention of title. In this case, however, he
assigns, at this point, to EISENBLÄTTER GmbH all claims from such further sale, regardless
of whether it occurred prior to or after possible processing of the goods delivered under
retention of title. Regardless of the power of EISENBLÄTTER GmbH to collect the respective
claim, the buyer
We reserve the right to make any changes we deem necessary.
still has the right to collect the claim after assignment. In this regard, EISENBLÄTTER
GmbH is obligated not to collect the claim, if and as far as the buyer fulfills his payment
obligations, no filing for bankruptcy or similar proceedings has been made and the buyer
has not ceased payments.
(5) EISENBLÄTTER GmbH accepts the above assignments.
(6) To the extent that the above securities exceed the claims to be secured by more than
10 %, EISENBLÄTTER GmbH is obligated to release the securities according to the selecti-
on made by EISENBLÄTTER GmbH at the request of the buyer.
§ 7 Warranty
(1) If the customer is an entrepreneur or merchant, the following warranty regulations
apply:
(a) The goods are to be immediately examined for quality and quantity deviations, and
obvious defects shall be reported to EISENBLÄTTER GmbH within two weeks after receipt
of the goods; otherwise the assertion of warranty claims is excluded. Timely return of the
product or a timely communication shall suffice to comply with the time limit. If the buyer
is a merchant, an additional precondition for any warranty claim is the buyer's complian-
ce with his obligation of inspection, notification and rejection in accordance with § 377
HGB (German Commercial Code).
(b) Warranty claims can be asserted within 12 months after the transfer of risk.
(c) If the goods are defective, the buyer has a right to cure by rectification of the defects
or to delivery of defect-free goods. If the cure fails, the buyer is entitled to reduce the
purchase price or revoke the contract.
(2) If the client is a consumer, the warranty claims are governed by §§ 434 et seq. BGB
§ 8 Liability
(1) Where the client claims damages based on intent or gross negligence, including in-
tent or gross negligence by its representatives or persons used to perform its obligations,
EISENBLÄTTER GmbH is liable in accordance with the statutory provisions. In minor cases
of negligent breach of duty, liability is limited to the foreseeable, typical contractual, direct
average damages depending on the type of goods. This also applies to minor cases of
negligent breach of duty by the legal representatives or persons used to perform obliga-
tions on behalf of EISENBLÄTTER GmbH.
(2) EISENBLÄTTER GmbH is not liable for minor cases of negligent breach of inessential
contractual obligations. EISENBLÄTTER GmbH is however liable for violations of essential
contractual legal positions of the customer. Essential contractual legal positions are those
which the contract must provide to the client according to the contractual content and
purpose. EISENBLÄTTER GmbH is also liable for the breach of obligations whose fulfillment
is a prerequisite for enabling proper execution of the contract and on whose compliance
the purchaser can rely.
(3) The above liability restrictions shall not apply to claims by the client stemming from
guarantee and/or product liability and/or to claims from data protection, nor in cases of
bad faith, breach of essential contractual obligations or body and health damages or the
loss of the customer's life which are ascribable to EISENBLÄTTER GmbH.
(4) Unless otherwise stipulated above, liability is excluded.
§ 9 Place of jurisdiction and applicable law
(1) This contract is governed by the laws of Germany (excluding the UN sales law). If
the contract partner is a consumer, applicable statutory provisions of the country of
residence or origin of the contract partner for consumer protection remain unaffected.
(2) If the customer is a merchant, the place of jurisdiction is the registered office of
EISENBLÄTTER GmbH; EISENBLÄTTER GmbH is however also entitled to suing the custo-
mer at the court of his place of residence.
(3) If the customer is a merchant, the place of delivery is the registered office of
EISENBLÄTTER GmbH.
§ 10 final provisions
If, for any reasons, any of the aforesaid terms are not applicable, this will not affect the
validity of the remaining terms.
Stand: 05/2018
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