General terms and conditions
General terms and conditions
§ 1 Scope
1. These general terms and conditions apply exclusively to merchants if the contract is part of the operation of the trade, as well as to legal entities under public law and special funds under public law within the meaning of Section 310 Paragraph 1 of the German Civil Code. They apply to all of our business relationships with our customers, hereinafter referred to as "clients". We only recognize conflicting or deviating terms and conditions of the customer if we expressly agree to their validity in writing.
2. These general terms and conditions also apply to all future transactions with the client, insofar as legal transactions of a related nature are involved.
3. Individual agreements made with the client in individual cases (including ancillary agreements, additions and changes) always take precedence over these General Terms and Conditions. Subject to proof to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.
§ 2 Offer, conclusion of contract, scope of services, industrial property rights
1. Our offers are non-binding until our written order confirmation. The documents belonging to the offer, such as illustrations, drawings, weights and dimensions, information about processes, consumption and services are only approximate unless they are expressly designated as binding.
2. The content and scope of the contract are exclusively determined by our written order confirmation. The order confirmation also includes general product or component descriptions and specifications attached to the order confirmation, as well as customer specifications expressly referred to as such in the order confirmation.
Only those properties of the subject matter of the contract are guaranteed which are expressly designated as guaranteed properties in our order confirmation.
We reserve the right to make changes or improvements to the construction, the use of materials or the design, provided that this does not impair the function and possible uses and that they are reasonable for the customer according to general public opinion.
Subsidiary agreements as well as subsequent requests for changes or additions by the customer are only binding if we confirm them in writing.
3. If the client specifies design and/or composition features of the delivery item, he is responsible for ensuring that the design and/or composition do not infringe third-party property rights; in the event of any claims by third parties, the customer shall indemnify us from this.
§ 3 Documents Provided
We reserve our property rights and copyrights to our offer documents, cost estimates, drawings and other documents. They may only be made accessible to third parties with our prior express written consent. At our request, the customer must return these items to us in full.
§ 4 Prices
Unless otherwise agreed in writing, our prices apply ex works, excluding packaging and costs for any official approvals, test certificates or test statistics that may be required, plus the statutory sales tax applicable at the time of delivery.
If there is a period of more than 4 months between the conclusion of the contract and the agreed delivery date, we are entitled to make a corresponding price adjustment in the event of an unforeseeable, significant increase in the production costs.
§ 5 Invoicing, payments
1. The client agrees that he will receive invoices electronically. Electronic invoices are sent to the customer by e-mail in PDF format to the e-mail address provided by him for the purpose of receipt.
The client undertakes to create the technical prerequisites for being able to call up the invoice as agreed.
The customer will immediately notify us of any change to the email address specified for electronic invoicing. In the event of an incorrect or culpably omitted notification of the change in the named e-mail address, the client will reimburse the damage caused by the address determination.
The electronic invoice is deemed to have been received upon receipt of the e-mail to which the electronic invoice is attached.
The client can revoke the consent to electronic invoicing at any time in writing.
2. Payment can be made either in advance by bank transfer or by invoice. We reserve the right to exclude a payment method.
3. When paying by invoice, the invoice amount is payable up to ten days after the invoice date.
4. When the payment deadline expires, the client is in default without a reminder being required. During the delay, the invoice amount shall be subject to interest at the applicable statutory default interest rate. The entitlement to the commercial maturity interest (Section 353 HGB) and the assertion of further damage caused by delay and the assertion of the lump sum in accordance with Section 288 (5) BGB by the contractor remain unaffected by this.
5. Invoices from the contractor are considered accepted if the customer has not objected to them in text form within two weeks of receipt.
5. The client may only offset against our claims with counterclaims that are undisputed, have been legally established or are ready for a decision. The client has no right to refuse performance according to § 320 BGB or any other right of retention.
6. If the customer stops making payments or if composition or bankruptcy proceedings have been initiated against his assets or if other circumstances arise that justify justified doubts about his creditworthiness, all of our claims become due immediately. In addition, without prejudice to our other rights, we are authorized to continue to deliver only against advance payment or security or to withdraw from the contract.
§ 6 Delivery
1. The delivery period begins when the order confirmation is sent, but not before the customer has provided the documents, official approvals, releases and clarification of all questions relating to the delivery and not before receipt of any agreed advance payment.
2. The delivery period is met if the delivery item is made available by the time it expires. If shipping has been agreed, the point in time at which the delivery item left the factory is decisive, or - if the item could not be sent on time through no fault of our own - the readiness for shipping was notified. Delivered objects are to be accepted by the customer - without prejudice to his rights under § 10 - even if they have minor defects. The delivery period is extended appropriately in the event of measures in the context of labor disputes and the occurrence of unforeseen obstacles that are beyond our control, insofar as such circumstances can be proven to have a significant influence on the completion or delivery of the delivery item. This also applies if the circumstances occur at subcontractors. We are also not responsible for the aforementioned circumstances if they occur during an already existing delay. In important cases, we will inform the client of the beginning and end of such hindrances as soon as possible.
3. The occurrence of our delay in delivery or performance is determined by the statutory provisions. In any case, however, a reminder by the client is required. We are not liable for the impossibility of delivery or for delays in delivery if these were caused by force majeure or other events that were not foreseeable at the time the contract was concluded and for which we are not responsible. If such events make the delivery or service significantly more difficult or impossible for us and the hindrance is not only of a temporary nature, we are entitled to withdraw from the contract. In the event of hindrances of a temporary duration, the delivery or service deadlines are extended or the delivery or service dates are postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot be expected to accept the delivery or service as a result of the delay, he can withdraw from the contract by means of an immediate written declaration.
4. If the delivery is postponed at the customer's request, he will be billed for the costs incurred by storage starting one month after the goods have been made available or notification of readiness for dispatch, but at least 0.5% of the invoice amount for the stored items for each month started if the goods are stored in our works. However, we are entitled to otherwise dispose of the delivery item after setting and fruitless expiry of a reasonable period and to supply the customer within a reasonable extended period.
5. We are entitled to make partial deliveries if the partial delivery can be used by the customer within the scope of the contractual purpose, the delivery of the remaining ordered goods is ensured and the customer does not incur any significant additional work or costs as a result.
6. Adherence to the delivery period always presupposes the fulfillment of the contractual obligations and obligations of the customer. If the customer is more than 4 weeks in arrears with taking over the subject matter of the contract or fulfilling his payment obligations after notification of the provision, we are entitled, after setting a grace period of 14 days, to withdraw from the contract and to demand compensation for non-performance. We do not need to set a period of grace if the client seriously and finally refuses acceptance.
7. If we demand compensation for non-performance while simultaneously withdrawing from the contract, this amounts to 15% of the agreed purchase price. The compensation for damages is to be set higher or lower if we can prove a higher damage or the customer can prove a lower damage.
§ 7 Passing of Risk
1. In the case of goods deliveries, the risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest when the goods are handed over. In the case of mail-order sales, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay already passes to the forwarding agent, carrier or other person responsible for carrying out the shipment upon delivery of the goods. At the request of the customer, the consignment will be insured against theft, breakage, transport, fire and water damage and other insurable risks at his expense.
In any case, transport damage must be confirmed by the railway, post office or transport person before the goods are accepted and we must be informed.
2. If shipping is delayed as a result of circumstances for which the customer is responsible, risk shall pass to the customer from the day the goods are ready for shipment; at the customer's request, we are obliged to take out the insurance policies requested by the customer at his expense.
§ 8 Assembly/ Commissioning
1. If assembly or commissioning is part of the contractual scope of services, we only need to start when all the preliminary work required for assembly/commissioning and to be provided by the customer has been fully and professionally performed and corresponds to the legal requirements. If these preliminary services are not fulfilled in good time, the deadlines agreed for assembly and/or commissioning shall be extended appropriately.
2. The customer is obliged to accept the delivery item or our services at a date to be agreed with us, but no later than within 14 days after our notification of completion. If acceptance does not take place for reasons attributable to the customer, we are entitled to set a grace period after which acceptance is deemed to have taken place. If the customer puts the delivery item into operation on his own authority during this period, this also counts as acceptance.
3. We carry out assembly, any agreed test runs and commissioning during our normal working hours; if such work is carried out outside of these times at the request of the customer, he must bear the additional costs incurred as a result.
4. The customer must provide a suitable, lockable storage room for the fitter's hand tools for the duration of the installation/commissioning.
5. The customer is liable for any auxiliary persons he may provide for assembly/commissioning.
6. If there is a delay or interruption in assembly/commissioning through no fault of our own, the customer must bear all the additional costs incurred as a result.
§ 9 Retention of Title/Securities
1. We reserve ownership of the delivered item until all claims from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to reclaim the purchased item if the customer behaves in breach of contract.
2. The customer is obliged to treat the purchased item with care as long as ownership has not yet passed to him. In particular, he is obliged, at our request and at his own expense, to insure them adequately at replacement value against theft, fire and water damage. If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet passed, the customer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a lawsuit in accordance with § 771 ZPO, the client is liable for the loss we have incurred.
3. Until revoked, the client may sell the goods delivered under retention of title or the items made from them in the ordinary course of business. The customer hereby assigns to us the claims obtained through the sale to secure our claims to the extent that corresponds to our (co-)ownership share in the sold item. We accept the assignment. The client is entitled to collect the assigned claims as long as we have not revoked this authorization. We will only revoke the right to resell and to collect claims if our customer does not properly fulfill his contractual obligations. It also expires without express revocation if the customer stops making payments or if an application is made to open composition or bankruptcy proceedings against our customer's assets. At our request, the customer must inform us immediately of the assigned claims and their debtors, provide all information required for collection, hand over the relevant documents and inform the debtors of the assignment.
4. If and insofar as our securities according to the above paragraphs exceed our claims by more than 20%, we will release securities of our choice at the request of our customer.
5. As long as the retention of title exists, the customer may neither transfer ownership nor pledge the reserved goods or the items made from them as security. The client must notify us immediately in writing of access by third parties.
§ 10 Warranty/Liability
1. The customer's warranty rights presuppose that he has duly complied with his duties to examine and give notice of defects pursuant to Section 377 of the German Commercial Code. Complaints about defective or incomplete delivery are to be asserted in writing in the case of obvious defects immediately, but at the latest within 2 weeks after receipt of the goods, but in any case before installation, further processing or resale, with a precise description of the defects. Complaints about hidden defects must be made in writing immediately, but no later than 2 weeks after discovery, with a precise description of the defects.
2. Claims for defects become time-barred in single-shift operation 12 months after the goods delivered by us have been delivered to our customer. If the delivery item is used in multi-shift operation, the limitation period is reduced to six months. The statutory limitation period applies to claims for damages in the event of intent and gross negligence as well as injury to life, limb and health, which are based on an intentional or negligent breach of duty by the user. Prior to returning the goods our permit is to be requested.
3. If, despite all due care, the delivered goods show a defect that was already present at the time of the transfer of risk, we will either repair the goods or deliver replacement goods, subject to timely notification of defects. Replaced parts become our property and must be returned to us immediately. We must always be given the opportunity to remedy the defect within a reasonable period of time. We shall be released from liability for defects if and to the extent that the client does not grant us the time and opportunity required to rectify the defect or provide a replacement delivery, or fails to provide reasonable assistance. Claims for recourse remain unaffected by the above regulation without restriction.
4. If the supplementary performance fails, the customer can - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
5. Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable equipment or due to special external influences arise which are not required under the contract or in accordance with the intended use. If the customer or third parties carry out improper repair work or changes, there are no claims for defects for these and the resulting consequences.
6. Claims by the customer for the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs including any dismantling and installation costs, are excluded insofar as the expenses increase because the goods delivered by us are subsequently sent to a has been moved to a location other than the customer's branch, unless the shipment corresponds to its intended use.
7. Recourse claims of the customer against us only exist insofar as the customer has not made any agreements with his customer that go beyond the legally mandatory claims for defects. No. 6 also applies accordingly to the scope of the customer's right of recourse.
8. For essential third-party products, our liability is limited to the assignment of claims against the supplier of the third-party products, provided this leads to the customer being indemnified. For the rest, the assertion of claims against us is made dependent on prior legal action against the supplier.
§ 11 Place of Performance and Jurisdiction
1. The place of performance for deliveries and payments is our company headquarters.
2. The exclusive place of jurisdiction for all claims arising from the business agreement is the place of jurisdiction of our company headquarters if our client is a registered trader, a legal entity under public law or a special fund under public law, or if the client has no general place of jurisdiction in Germany, his place of residence or usual Residence relocated from within Germany after conclusion of the contract or his domicile or habitual residence is not known at the time the action is filed. We are entitled to sue the customer at the court of his place of business.
§ 12 Applicable Law
This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law (CISG) and other international agreements on the standardization of sales law.
§ 13 Data Agreement
We would like to point out that we store and process customer data - insofar as this is necessary for business - in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
Further information on data protection can be found in our data protection declaration, which can be found at www.wilking-drucklufttechnik.de/datenschutz.
Status: 05/19/2023
1. These general terms and conditions apply exclusively to merchants if the contract is part of the operation of the trade, as well as to legal entities under public law and special funds under public law within the meaning of Section 310 Paragraph 1 of the German Civil Code. They apply to all of our business relationships with our customers, hereinafter referred to as "clients". We only recognize conflicting or deviating terms and conditions of the customer if we expressly agree to their validity in writing.
2. These general terms and conditions also apply to all future transactions with the client, insofar as legal transactions of a related nature are involved.
3. Individual agreements made with the client in individual cases (including ancillary agreements, additions and changes) always take precedence over these General Terms and Conditions. Subject to proof to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.
§ 2 Offer, conclusion of contract, scope of services, industrial property rights
1. Our offers are non-binding until our written order confirmation. The documents belonging to the offer, such as illustrations, drawings, weights and dimensions, information about processes, consumption and services are only approximate unless they are expressly designated as binding.
2. The content and scope of the contract are exclusively determined by our written order confirmation. The order confirmation also includes general product or component descriptions and specifications attached to the order confirmation, as well as customer specifications expressly referred to as such in the order confirmation.
Only those properties of the subject matter of the contract are guaranteed which are expressly designated as guaranteed properties in our order confirmation.
We reserve the right to make changes or improvements to the construction, the use of materials or the design, provided that this does not impair the function and possible uses and that they are reasonable for the customer according to general public opinion.
Subsidiary agreements as well as subsequent requests for changes or additions by the customer are only binding if we confirm them in writing.
3. If the client specifies design and/or composition features of the delivery item, he is responsible for ensuring that the design and/or composition do not infringe third-party property rights; in the event of any claims by third parties, the customer shall indemnify us from this.
§ 3 Documents Provided
We reserve our property rights and copyrights to our offer documents, cost estimates, drawings and other documents. They may only be made accessible to third parties with our prior express written consent. At our request, the customer must return these items to us in full.
§ 4 Prices
Unless otherwise agreed in writing, our prices apply ex works, excluding packaging and costs for any official approvals, test certificates or test statistics that may be required, plus the statutory sales tax applicable at the time of delivery.
If there is a period of more than 4 months between the conclusion of the contract and the agreed delivery date, we are entitled to make a corresponding price adjustment in the event of an unforeseeable, significant increase in the production costs.
§ 5 Invoicing, payments
1. The client agrees that he will receive invoices electronically. Electronic invoices are sent to the customer by e-mail in PDF format to the e-mail address provided by him for the purpose of receipt.
The client undertakes to create the technical prerequisites for being able to call up the invoice as agreed.
The customer will immediately notify us of any change to the email address specified for electronic invoicing. In the event of an incorrect or culpably omitted notification of the change in the named e-mail address, the client will reimburse the damage caused by the address determination.
The electronic invoice is deemed to have been received upon receipt of the e-mail to which the electronic invoice is attached.
The client can revoke the consent to electronic invoicing at any time in writing.
2. Payment can be made either in advance by bank transfer or by invoice. We reserve the right to exclude a payment method.
3. When paying by invoice, the invoice amount is payable up to ten days after the invoice date.
4. When the payment deadline expires, the client is in default without a reminder being required. During the delay, the invoice amount shall be subject to interest at the applicable statutory default interest rate. The entitlement to the commercial maturity interest (Section 353 HGB) and the assertion of further damage caused by delay and the assertion of the lump sum in accordance with Section 288 (5) BGB by the contractor remain unaffected by this.
5. Invoices from the contractor are considered accepted if the customer has not objected to them in text form within two weeks of receipt.
5. The client may only offset against our claims with counterclaims that are undisputed, have been legally established or are ready for a decision. The client has no right to refuse performance according to § 320 BGB or any other right of retention.
6. If the customer stops making payments or if composition or bankruptcy proceedings have been initiated against his assets or if other circumstances arise that justify justified doubts about his creditworthiness, all of our claims become due immediately. In addition, without prejudice to our other rights, we are authorized to continue to deliver only against advance payment or security or to withdraw from the contract.
§ 6 Delivery
1. The delivery period begins when the order confirmation is sent, but not before the customer has provided the documents, official approvals, releases and clarification of all questions relating to the delivery and not before receipt of any agreed advance payment.
2. The delivery period is met if the delivery item is made available by the time it expires. If shipping has been agreed, the point in time at which the delivery item left the factory is decisive, or - if the item could not be sent on time through no fault of our own - the readiness for shipping was notified. Delivered objects are to be accepted by the customer - without prejudice to his rights under § 10 - even if they have minor defects. The delivery period is extended appropriately in the event of measures in the context of labor disputes and the occurrence of unforeseen obstacles that are beyond our control, insofar as such circumstances can be proven to have a significant influence on the completion or delivery of the delivery item. This also applies if the circumstances occur at subcontractors. We are also not responsible for the aforementioned circumstances if they occur during an already existing delay. In important cases, we will inform the client of the beginning and end of such hindrances as soon as possible.
3. The occurrence of our delay in delivery or performance is determined by the statutory provisions. In any case, however, a reminder by the client is required. We are not liable for the impossibility of delivery or for delays in delivery if these were caused by force majeure or other events that were not foreseeable at the time the contract was concluded and for which we are not responsible. If such events make the delivery or service significantly more difficult or impossible for us and the hindrance is not only of a temporary nature, we are entitled to withdraw from the contract. In the event of hindrances of a temporary duration, the delivery or service deadlines are extended or the delivery or service dates are postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot be expected to accept the delivery or service as a result of the delay, he can withdraw from the contract by means of an immediate written declaration.
4. If the delivery is postponed at the customer's request, he will be billed for the costs incurred by storage starting one month after the goods have been made available or notification of readiness for dispatch, but at least 0.5% of the invoice amount for the stored items for each month started if the goods are stored in our works. However, we are entitled to otherwise dispose of the delivery item after setting and fruitless expiry of a reasonable period and to supply the customer within a reasonable extended period.
5. We are entitled to make partial deliveries if the partial delivery can be used by the customer within the scope of the contractual purpose, the delivery of the remaining ordered goods is ensured and the customer does not incur any significant additional work or costs as a result.
6. Adherence to the delivery period always presupposes the fulfillment of the contractual obligations and obligations of the customer. If the customer is more than 4 weeks in arrears with taking over the subject matter of the contract or fulfilling his payment obligations after notification of the provision, we are entitled, after setting a grace period of 14 days, to withdraw from the contract and to demand compensation for non-performance. We do not need to set a period of grace if the client seriously and finally refuses acceptance.
7. If we demand compensation for non-performance while simultaneously withdrawing from the contract, this amounts to 15% of the agreed purchase price. The compensation for damages is to be set higher or lower if we can prove a higher damage or the customer can prove a lower damage.
§ 7 Passing of Risk
1. In the case of goods deliveries, the risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest when the goods are handed over. In the case of mail-order sales, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay already passes to the forwarding agent, carrier or other person responsible for carrying out the shipment upon delivery of the goods. At the request of the customer, the consignment will be insured against theft, breakage, transport, fire and water damage and other insurable risks at his expense.
In any case, transport damage must be confirmed by the railway, post office or transport person before the goods are accepted and we must be informed.
2. If shipping is delayed as a result of circumstances for which the customer is responsible, risk shall pass to the customer from the day the goods are ready for shipment; at the customer's request, we are obliged to take out the insurance policies requested by the customer at his expense.
§ 8 Assembly/ Commissioning
1. If assembly or commissioning is part of the contractual scope of services, we only need to start when all the preliminary work required for assembly/commissioning and to be provided by the customer has been fully and professionally performed and corresponds to the legal requirements. If these preliminary services are not fulfilled in good time, the deadlines agreed for assembly and/or commissioning shall be extended appropriately.
2. The customer is obliged to accept the delivery item or our services at a date to be agreed with us, but no later than within 14 days after our notification of completion. If acceptance does not take place for reasons attributable to the customer, we are entitled to set a grace period after which acceptance is deemed to have taken place. If the customer puts the delivery item into operation on his own authority during this period, this also counts as acceptance.
3. We carry out assembly, any agreed test runs and commissioning during our normal working hours; if such work is carried out outside of these times at the request of the customer, he must bear the additional costs incurred as a result.
4. The customer must provide a suitable, lockable storage room for the fitter's hand tools for the duration of the installation/commissioning.
5. The customer is liable for any auxiliary persons he may provide for assembly/commissioning.
6. If there is a delay or interruption in assembly/commissioning through no fault of our own, the customer must bear all the additional costs incurred as a result.
§ 9 Retention of Title/Securities
1. We reserve ownership of the delivered item until all claims from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to reclaim the purchased item if the customer behaves in breach of contract.
2. The customer is obliged to treat the purchased item with care as long as ownership has not yet passed to him. In particular, he is obliged, at our request and at his own expense, to insure them adequately at replacement value against theft, fire and water damage. If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet passed, the customer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a lawsuit in accordance with § 771 ZPO, the client is liable for the loss we have incurred.
3. Until revoked, the client may sell the goods delivered under retention of title or the items made from them in the ordinary course of business. The customer hereby assigns to us the claims obtained through the sale to secure our claims to the extent that corresponds to our (co-)ownership share in the sold item. We accept the assignment. The client is entitled to collect the assigned claims as long as we have not revoked this authorization. We will only revoke the right to resell and to collect claims if our customer does not properly fulfill his contractual obligations. It also expires without express revocation if the customer stops making payments or if an application is made to open composition or bankruptcy proceedings against our customer's assets. At our request, the customer must inform us immediately of the assigned claims and their debtors, provide all information required for collection, hand over the relevant documents and inform the debtors of the assignment.
4. If and insofar as our securities according to the above paragraphs exceed our claims by more than 20%, we will release securities of our choice at the request of our customer.
5. As long as the retention of title exists, the customer may neither transfer ownership nor pledge the reserved goods or the items made from them as security. The client must notify us immediately in writing of access by third parties.
§ 10 Warranty/Liability
1. The customer's warranty rights presuppose that he has duly complied with his duties to examine and give notice of defects pursuant to Section 377 of the German Commercial Code. Complaints about defective or incomplete delivery are to be asserted in writing in the case of obvious defects immediately, but at the latest within 2 weeks after receipt of the goods, but in any case before installation, further processing or resale, with a precise description of the defects. Complaints about hidden defects must be made in writing immediately, but no later than 2 weeks after discovery, with a precise description of the defects.
2. Claims for defects become time-barred in single-shift operation 12 months after the goods delivered by us have been delivered to our customer. If the delivery item is used in multi-shift operation, the limitation period is reduced to six months. The statutory limitation period applies to claims for damages in the event of intent and gross negligence as well as injury to life, limb and health, which are based on an intentional or negligent breach of duty by the user. Prior to returning the goods our permit is to be requested.
3. If, despite all due care, the delivered goods show a defect that was already present at the time of the transfer of risk, we will either repair the goods or deliver replacement goods, subject to timely notification of defects. Replaced parts become our property and must be returned to us immediately. We must always be given the opportunity to remedy the defect within a reasonable period of time. We shall be released from liability for defects if and to the extent that the client does not grant us the time and opportunity required to rectify the defect or provide a replacement delivery, or fails to provide reasonable assistance. Claims for recourse remain unaffected by the above regulation without restriction.
4. If the supplementary performance fails, the customer can - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
5. Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable equipment or due to special external influences arise which are not required under the contract or in accordance with the intended use. If the customer or third parties carry out improper repair work or changes, there are no claims for defects for these and the resulting consequences.
6. Claims by the customer for the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs including any dismantling and installation costs, are excluded insofar as the expenses increase because the goods delivered by us are subsequently sent to a has been moved to a location other than the customer's branch, unless the shipment corresponds to its intended use.
7. Recourse claims of the customer against us only exist insofar as the customer has not made any agreements with his customer that go beyond the legally mandatory claims for defects. No. 6 also applies accordingly to the scope of the customer's right of recourse.
8. For essential third-party products, our liability is limited to the assignment of claims against the supplier of the third-party products, provided this leads to the customer being indemnified. For the rest, the assertion of claims against us is made dependent on prior legal action against the supplier.
§ 11 Place of Performance and Jurisdiction
1. The place of performance for deliveries and payments is our company headquarters.
2. The exclusive place of jurisdiction for all claims arising from the business agreement is the place of jurisdiction of our company headquarters if our client is a registered trader, a legal entity under public law or a special fund under public law, or if the client has no general place of jurisdiction in Germany, his place of residence or usual Residence relocated from within Germany after conclusion of the contract or his domicile or habitual residence is not known at the time the action is filed. We are entitled to sue the customer at the court of his place of business.
§ 12 Applicable Law
This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law (CISG) and other international agreements on the standardization of sales law.
§ 13 Data Agreement
We would like to point out that we store and process customer data - insofar as this is necessary for business - in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
Further information on data protection can be found in our data protection declaration, which can be found at www.wilking-drucklufttechnik.de/datenschutz.
Status: 05/19/2023