The terms of sale apply exclusively between merchants.
§ 1 Place of performance, delivery, acceptance
The place of performance for all services under the delivery contract shall be the place of the Seller’s commercial establishment.
2. delivery of the goods shall be ex works in Germany. These shipping costs shall be borne by the buyer. The buyer can determine the carrier. The goods shall be shipped uninsured. A shipping notification can be agreed upon.
3. a lump-sum warehouse surcharge can be charged for delivery from an external warehouse.
4. packaging costs for special packaging are borne by the buyer.
5. sorted and, in case of combinations, sales-ready partial shipments must be made promptly and must be announced in advance. Unsorted shipments are only permitted with the consent of the buyer.
6. if the acceptance does not take place in time due to the fault of the buyer, then the seller is entitled at his choice, after setting a grace period of 12 days, either to issue an invoice for arrears or to withdraw from the contract or to claim damages.
§ 2 Place of jurisdiction
The place of jurisdiction (also for actions on bills of exchange and cheques) is, at the option of the plaintiff, the place of the commercial establishment of one of the parties or the headquarters of the specialist or cartel organisation responsible for the supplier (place). The court first called is responsible.
§ 3 Contents of contract
1. the delivery of the goods takes place on certain dates (working day or a certain calendar week). All sales are only concluded for specific quantities, articles, qualities and fixed prices. Both parties are bound to this. Commission transactions are not carried out.
2. block orders are permitted and must be limited in time when the contract is concluded. The period of acceptance may not exceed 12 months.
§ 4 Interruption of delivery
In the event of force majeure, industrial action and other operational disruptions through no fault of our own, which have lasted or are expected to last longer than one week, the delivery or acceptance period shall be extended without further ado by the duration of the hindrance, but by no more than 5 weeks plus a subsequent delivery period.
The extension shall only be granted if the other party is informed immediately of the reason for the hindrance as soon as it is obvious that the aforementioned deadline cannot be met.
2. if the delivery or acceptance has not taken place in time, the other party to the contract may withdraw from the contract. However, it must give written notice of this at least two weeks before exercising the right of withdrawal.
3. if the other party to the contract was not informed immediately upon request that delivery or acceptance will not be made or accepted on time and if the hindrance has lasted for more than 5 weeks, the other party to the contract may withdraw from the contract immediately.
4. claims for damages are excluded if the respective contractual party has fulfilled its obligations according to clauses 1 – 3.
§ 5 Subsequent delivery period
1. 12 days after the expiry of the delivery period, a subsequent delivery period of 12 days will commence without explanation. After expiry of the additional delivery period, withdrawal from the contract shall be deemed to have taken place to the exclusion of claims for damages.
Withdrawal from the contract in accordance with No. 1 sentence 2 shall not occur if the Buyer declares to the Seller during the subsequent delivery period that he insists on performance of the contract. However, the Seller shall be released from the obligation to deliver if the Buyer, upon the Seller’s request, does not state within the subsequent delivery period whether he insists on performance of the contract.
2. transactions for delivery by a fixed date are not carried out. However, if the parties expressly agree in individual cases that the goods are intended for a specific campaign, a fixed delivery date without a grace period can be agreed. If this delivery date is exceeded, the buyer can demand reimbursement of special expenses for the ordered goods, at most, however, in the amount of the purchase price of the ordered goods: further claims are excluded. The buyer can only reduce the purchase price or withdraw from the contract due to the defectiveness of the promotion goods.
3) If the buyer wants to claim damages instead of performance, he must set the seller a 4-week deadline with the threat that he will refuse performance after expiry of the deadline. The period shall be counted from the day on which the Buyer’s notification by registered mail is sent. This provision shall apply in the case of No. 1 sentence 2 instead of the withdrawal listed there only if this setting of a deadline by the Buyer has been received by the Seller within the subsequent delivery period.
4. 5 working days is the subsequent delivery period for goods in stock ready for dispatch and NOS goods – “Never-out-of-Stock”. In the event of non-delivery, the Buyer shall be informed immediately. In all other respects, the provisions of Clauses 1 and 3 shall apply.
5. before the expiry of the subsequent delivery period, any claims of the Buyer for delayed delivery shall be excluded.