General Business Conditions
I. Completion of a contract
The customer is bound by contract to the order for three weeks. The contract of sale is concluded, if the customer written confirms the acceptance of the order or carries out the delivery. The parties arrange the right of the Federal Republic of Germany.
II. Selling price payment/ settlement date
The selling price payment is fully due. Without further explanations from the seller, the customer falls behind 10 days after the settlement date, as far as he hasn’t paid. In case of availability of shortages, the customer hasn’t the right of retention, as far as this doesn’t stand in the adequate relation to the shortages and prospective expenses of the subsequent performance in particular of a shortage removal.
III. Change reservation
Serially produced pieces of furniture are sold after sample or picture. There is no claim to delivery of the samples not for sale, unless another arrangement has followed by contract conclusion. Customary and reasonable colour divergences and mass divergences are left. Also customary and reasonable divergences of textiles are left, concerning minor deviations in the execution compared with material samples, in particular in the tone.
a) Selfsupply reservation
The seller assumes no purveyance risk. He is entitled to withdraw from the contract as far as he does not receive on his part the object of delivery in spite of the previous conclusion of a corresponding purchasing contract. The seller will immediately inform the customer about the not timely availability of the object of delivery.
b) exclusion of liability/ Default liability limitation
The seller sticks by delay of the performance in cases of the intention or the culpable negligence of a sales representative or agent after the legal regulations. If the disregard is led back by periods on force majeure or not disturbances to be represented in the business enterprise of the seller or with his presuppliers, in particular strike or lockout, the delivery deadlines appropriately are extended. The claim for compensation for the injury of essential contractual obligations is limited to the predictable damage typical for contract, unless a damage is based on intention or culpable negligence of the shop assistant.Nevertheless, the liability for damages by the object of delivery in legally protected rights of the buyer, for example, damages to other cases, are completely excluded.Shortage claims do not exist with only unimportant divergence of the agreed state or with only unimportant encroachment of the usefulness.
As far as the delivery is impossible, the customer is entitled to require compensation for the legal regulations. However, the claim of the buyer to compensation limits itself beside or instead of the performance and on substitute of vain expenditure to five percent of the value of that share of the delivery which cannot be used because of the impossibility. Further claims of the customer are excluded because of the impossibility of the delivery.
VI. Reservation of proprietary rights
The object of delivery remains a property of the seller up to the entire payment.
VII. Passing of risk
The danger to have to pay the purchase price in spite of the loss or damage goes over in the handing over on the customer.
VIII. Purchase default
1.) If the customer remains silent at the end of an adequate extension sedate to him which refuses purchase or expressly declares not to want to decrease, the shop assistant can withdraw from the contract or require compensation.
2.) As far as the purchase default lasts longer than one month, the customer has to pay attacking storage charges. The seller can help himself to the storage also of a forwarding agency.
3.) As a compensation because of default by purchase default the shop assistant can demand 25 percent of the order price without deductions, provided that the buyer does not prove that a damage has not originated at all or not by height the all-inclusive.
4.) For the rest, remains to the shop assistant, as for example by special manufacture which assert of a higher, proved damage reserve.
The buyer is obliged, material defects and defects of title within two months after the time at which he has ascertained such a shortage to indicate the seller in writing.The consumer can withdraw within the scope of the legal regulations from the contract, if the seller has to represent the breach of duty. The consumer has to explain himself with breaches of duty within an adequate period by request of the seller whether he withdraws because of the breach of duty from the contract or exists on the delivery. Nevertheless, in the case of shortages it remains with the legal regulations.A resignation is conceded to the seller if the buyer about the facts causing his credit rating has made false pretences or stops his payments or was applied about his legal estate a bankruptcy or settlement proceedings, unless, the buyer immediately performs cash in advance.
X. Contract changes
Additional or deviant arrangements become only a component of the contract if they are confirmed in writing.