Applicable in the course of trade with entrepreneurs, legal entities governed by public law and with separate public and legal assets.
The risk passes to us when the goods are accepted by us or by our representatives in the place where the goods are to be delivered in accordance with the order or where the service will be performed. Item 3.9 remains unaffected.
Transfer of orders to third parties is not permitted without our written confirmation and entitles us to withdraw from the agreement in whole or in part and / or to claim damages.
The provisions contained in our orders and delivery orders apply. Invoices must be sent to the printed address immediately in duplicate for each delivery, with the characters and order numbers and item number, for each individual item; the invoice cannot be attached to parcels. The second copy must be clearly marked as such. In the event of non-compliance with these rules, invoices are considered to be unsealed and intended for clarification or supplemented by the supplier. The payment deadline of the supplier is postponed until clarification or completion. The same shall apply accordingly to delivery notes, dispatch letters and other accompanying transport documents.
In the case of claims against us that relate to the goods of the supplier, due to violation of official safety regulations or due to the provisions on product liability in the country and abroad or due to product defects, we are entitled to demand compensation from the supplier for this damage , as long as it has been caused by products supplied by it. This damage also includes the costs of the necessary action to withdraw the product from the market. If the defect occurs in the part delivered by the supplier, it is assumed that the defect occurred only within the scope of the supplier's liability.
We are not liable for damages due to the usual inadvertence caused by us, our legal representatives or persons entrusted with the performance of the obligation. This applies irrespective of the legal nature of the claim pursued, in particular for delay, other breach of obligations or a prohibited act. The limitation of liability does not apply to damages resulting from the injuries to life, personal injury or health and violation of significant contractual obligations. In the event of breach of non-essential contractual obligations, we shall be liable for material losses only to the extent and in the extent to which such losses were to be reckoned substantially at the time the agreement was concluded. The seller is liable for any damages that occurred as a result of negligence or acts unintentionally or intentionally on the part of the seller, his legal representative or executive helpers.
Our right to set-off or exercise the right to retain goods cannot be limited. The supplier is entitled to deduct counterclaims only if and only to the extent that they are undisputed or have been legally validated.
Insurance costs are incurred after prior written agreement.