General terms of delivery and payment of the company
–holz-faszination–
§ 1 Scope of application
(1) The following terms and conditions of sale apply to all contracts concluded between the seller and the buyer for the delivery of goods. They shall also apply to all future business relations, even if they are not expressly agreed again. Any deviating terms and conditions of the Buyer which are not expressly recognized by the Seller shall not be binding on the Seller, even if the Seller does not expressly object to them.
(2) All agreements made between the Seller and the Buyer in connection with the purchase contracts are set out in writing in the purchase contract, these Terms and Conditions and the Seller’s order confirmation.
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§ 2 Offer and conclusion of contract
(1) The Seller’s offers are subject to change and non-binding, unless the Seller has expressly designated them as binding in writing.
(2) Dimensions, weights, illustrations, drawings and other documents belonging to the non-binding offers of the seller remain the property of the seller and are only approximate unless they have been expressly designated as binding by the seller. Illustrations, photos, graphics, etc. published on these pages may only be used with the express permission of the seller!
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§ 3 Terms of payment
(1) If the agreed delivery time exceeds the period of one month from the conclusion of the contract or if the delivery is delayed for more than one month from the conclusion of the contract for reasons for which the buyer alone is responsible or which fall solely within the buyer’s sphere of risk, the seller is entitled to charge the price valid on the day of delivery. If the price increase amounts to more than 5% of the quoted purchase price, the buyer is entitled to withdraw from the contract. This right of withdrawal shall lapse if the Buyer does not exercise it within a period of two weeks, beginning with the date of notification of the new price.
(2) The Seller’s prices shall apply according to the offer, unless otherwise agreed with the Buyer. Packaging costs are generally included in the price, but may be charged in individual cases in the case of complex packaging.
(3) Unless otherwise agreed in writing with the Buyer, the net purchase price (without deduction) shall be due for payment immediately upon receipt of the invoice by the Buyer.
(4) The Buyer shall be in default even without a reminder from the Seller if he does not pay the purchase price within 18 days of the due date and receipt of the invoice or an equivalent payment schedule. If the Buyer defaults on a payment, the Seller shall be entitled to charge interest at a rate of 5 percentage points above the respective base interest rate (§ 247 BGB) from the relevant date. The Seller reserves the right to prove higher damages.
(5) The Buyer shall only be entitled to set-off, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established, recognized by the Seller or are undisputed. The Buyer is only authorized to exercise a right of retention if his counterclaim is based on the same purchase contract.
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§ 4 Delivery and performance time
(1) Delivery dates or deadlines that have not been expressly agreed as binding are exclusively non-binding information.
(2) If the Seller is culpably unable to meet an expressly agreed deadline or is in default for other reasons, the Buyer shall grant the Seller a reasonable grace period – starting from the date of receipt of the written notice of default by the Seller or, in the case of a deadline specified by calendar, from the date of receipt of the written notice of default by the Seller. If this grace period expires without result, the Buyer shall be entitled to withdraw from the contract.
(3) The Seller shall be liable to the Buyer in the event of a delay in delivery in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of duty for which the Seller is responsible. The Seller shall be held responsible for any fault on the part of its representatives or vicarious agents. If the delay in delivery is not due to an intentional or grossly negligent breach of contract for which the Seller is responsible, the Seller’s liability shall be limited to the foreseeable, typically occurring damage.
(4) If the delay in delivery for which the Seller is responsible is based on the culpable breach of a material contractual obligation, the Seller shall be liable in accordance with the statutory provisions, whereby its liability shall be limited to the foreseeable, typically occurring damage.
(5) If the Seller’s delay in delivery is due to a culpable breach of a non-essential contractual obligation, the Buyer shall be entitled to demand lump-sum compensation for delay in the amount of 3% of the purchase price for each completed week of delay, up to a maximum of 15% of the purchase price.
(6) The Buyer’s further statutory claims and rights due to a delay in delivery by the Seller shall remain unaffected.
(7) The Seller is entitled to make partial deliveries and render partial services at any time, insofar as this is reasonable for the Buyer.
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§ 5 Transfer of risk – shipment/packaging
(1) Loading and shipment are partly uninsured (see point 3) at the risk of the Buyer. The Seller shall endeavor to take into account the wishes and interests of the Buyer with regard to the type and route of shipment; any additional costs incurred as a result – even if freight-free delivery has been agreed – shall be borne by the Buyer.
(2) If shipment is delayed at the request or through the fault of the Buyer, the Seller shall store the goods at the expense and risk of the Buyer. In this case, notification of readiness for shipment shall be deemed equivalent to shipment.
(3) Shipment by parcel is insured up to a sum of 500.00 EUR. There is no insurance cover for small parcels, so we cannot pay for the value of the shipment in the event of loss!
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§ 6 Warranty/Liability
(1) The Buyer shall inspect the goods received for completeness, transport damage, obvious defects, quality and their characteristics. Obvious defects must be reported by the Buyer to the Seller in writing within two weeks of delivery of the subject matter of the contract.
(2) The Seller shall not be obliged to provide a warranty if the Buyer has not notified an obvious defect in writing in good time. If there is a defect in the goods for which the Seller is responsible and the Buyer has notified the Seller in writing in good time, the Seller shall be obliged to provide subsequent performance, excluding the Buyer’s rights to withdraw from the contract or reduce the purchase price, unless the Seller is entitled to refuse subsequent performance on the basis of statutory provisions. The Buyer shall grant the Seller a reasonable period of time for subsequent performance for each individual defect.
(3) Subsequent performance may, at the Buyer’s discretion, take the form of rectification of the defect, insofar as this is possible, or delivery of a comparable item. The seller is entitled to refuse the type of subsequent performance chosen by the buyer if it is only associated with disproportionate costs. During the subsequent performance, the reduction of the purchase price or withdrawal from the contract by the buyer are excluded. Rectification shall be deemed to have failed after the second unsuccessful attempt. If the subsequent performance has failed or if the seller has refused the subsequent performance altogether, the buyer may, at his discretion, demand a reduction of the purchase price (reduction) or declare his withdrawal from the contract.
(4) The Buyer may only assert claims for damages under the following conditions due to the defect if subsequent performance has failed or the Seller refuses subsequent performance. The Buyer’s right to assert further claims for damages under the following conditions shall remain unaffected.
(5) Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of its employees, workers, staff, representatives and vicarious agents.
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§ 7 Retention of title
(1) The Seller retains title to the goods (reserved goods) until all payments arising from the purchase contract have been received.
(2) The Buyer must inform the Seller immediately in writing of all access by third parties, in particular of enforcement measures and other impairments of his property. The buyer shall compensate the seller for all damages and costs incurred by a breach of this obligation and by necessary intervention measures against third-party access.
(3) If the buyer does not fulfill his payment obligation despite a reminder from the seller, the seller can demand the return of the reserved goods still in his ownership without prior notice. The transportation costs incurred shall be borne by the Buyer. The seizure of the reserved goods by the seller shall always constitute a withdrawal from the contract. After retention of the reserved goods, the seller is authorized to sell them. The realization proceeds shall be credited against the seller’s liabilities – less reasonable realization costs.
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§ 8 Final provision, applicable law
(1) The relations between the contracting parties shall be governed exclusively by the law applicable in the Federal Republic of Germany. The application of the Uniform Law on the International Sale of Goods and the Law on the Formation of Contracts for the International Sale of Goods is excluded.
(2) The Buyer is not entitled to assign claims arising from the purchase contract without the Seller’s consent.
(3) Should any provision of these General Terms and Conditions of Delivery and Payment be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of the General Terms and Conditions of Delivery and Payment.
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Copyright notice:
All names of other companies mentioned on these pages (e.g. Strat, Tele, Gibson, Fender, Les Paul, etc.) are registered product names of other companies (e.g. Fender, Gibson ). The company —holz-faszination— is neither connected with these products nor with these companies in any way.
