Terms & Conditions (T&C)

§ 2.1 — All quotations of the seller are subject to confirmation and without obligation. Declarations of acceptance and any orders require the written confirmation of the seller to be legally effective.

§ 2.2 — Drawings, illustrations, measurements, weights or other service data are only binding when explicitly stipulated in writing.

§ 2.3 — Note: The names, product designations and product numbers of the Original Equipment Manufacturers (OEM) are given for reference, description and identification purposes only. They do not therefore have to be original. This applies to the following Original Equipment Manufacturers (OEM): Amazone, Graden, Fischer, Jacobsen, John Deere, Koro, Mataway, Maredo, Peruzzo, Planet Air, Ransomes/Ryan, Rink, Selvatici, Sisis, Toro, Verti Drain, Wiedenmann.

§ 2.4 — The sales personnel of the seller is not authorised to make any oral subsidiary agreements or warranties that exceed the contents of the written contract.

§ 2.5 — Properties of the delivery item are only considered guaranteed inasmuch as the seller has given his explicit written confirmation.

§ 4.1 — Delivery dates and deadlines can be arranged binding or unbinding but must be in written form.

§ 4.2 — Even if binding delivery times or deadlines have been stipulated, the seller cannot be held liable for delays in delivery or service due to force majeure or due to occurrences that make it temporarily considerably more difficult or impossible for the seller to deliver. Among these range in particular strikes, lockouts, official directives etc. even if they occur at suppliers of the seller or their sub-suppliers. Such occurrences entitle the seller to postpone the delivery or service by the time lost by the obstructions plus a commensurate start-up time or to withdraw from the contract in full or in part due to the part of the contract that has not been fulfilled.

§ 4.3 — In case the obstructions last for more than three months, the buyer is entitled to withdraw from the part of the contract that has not yet been fulfilled after having set a commensurate respite. In case of a prolongation of the delivery time or in case the seller is exempted from his obligation, the buyer cannot deduce claims for damages from this. The seller can only invoke the mentioned circumstances after immediate notification of the buyer.

§ 4.4 — The seller is at any time entitled to effect partial deliveries or performances unless the partial delivery or partial performance is not of interest to the buyer.

§ 4.5 — The compliance with contractual delivery or performance obligations by the seller presupposes the accurately timed and proper compliance with all obligations by the buyer.

§ 4.6 — In case of default of acceptance of the buyer, the seller is authorised to claim compensation for the resulting damage; upon occurrence of default of acceptance the risk of deterioration by accident or demise by accident is transferred to the buyer.

§ 6.1 — The seller guarantees that the products are free from manufacture or material defects. The warranty period is six months starting from the delivery date.

§ 6.2 — In case operating or maintenance instructions of the seller are disregarded, products are changed, parts are exchanged or expendable materials are used that do no correspond to the original specifications, any kind of warranty is inapplicable unless the buyer confutes such a substantiated allegation that it has been one of these circumstances that has caused the defect.

§ 6.3 — The buyer is obliged to notify the head of the seller’s customer service of any defects immediately or at the latest within a week after receipt of the delivery, in written form. Defects that have not been detected within this period of time even after due diligence have to be communicated to the seller in writing immediately upon detection.

§ 6.4 — In case the buyer advises that the products do not conform to the guarantee, the seller demands at his choice and his expenses that: the defective part or tool is returned to the seller to be repaired and sent back afterwards;
the buyer keeps the defective part or unit ready so that a service technician of the seller can come out to effect a repair on site.

§ 6.5 — In case the buyer demands that repairs under guarantee are effected in another place determined by him, the seller can meet this demand, however, while parts that fall under warranty shall not be invoiced, working hours and travel expenses of the seller shall be invoiced based on the standard prices of the seller.

§ 6.6 — In case the rectification of defects fails after a commensurate time limit, the buyer is entitled to demand a reduction of the payment or the cancellation of the contract.

§ 6.7 — Liability for normal abrasion is excluded.

§ 6.8 — Only the direct customer is entitled to warranty claims against the seller. This right is not transferable.

§ 6.9 — The above mentioned paragraphs contain the sole warranty conditions for the products and exclude warranty claims of any other kind. This does not apply to claims for indemnity arising from feature warranties.

§ 7.1 — Until the fulfilment of all receivables (including all accounting balance receivables from current account) to which the seller is entitled against the buyer on any legal ground now or in future, the seller is granted the following securities which he will upon demand decontrol at his option as far as their value sustainably exceeds the receivables by more than 20%.

§ 7.2 — The merchandise remains the property of the seller. Processing or remodelling are always effected for the seller as manufacturer, however, without obligation for him. In case the (joint) property of the seller expires through alliance, it is already now stipulated that the buyer’s (joint) property of the consistent matter will be transferred to the seller on the basis of the value percentage (invoice value). The buyer keeps the (joint) property of the seller free of charge. Merchandise for which the seller is entitled to (joint) property will be referred to as conditional merchandise in the following.

§ 7.3 — The buyer is entitled to process or sell the conditional merchandise in proper business volume as long as he is not in default. Pledging of goods and transfer by way of security are inadmissable. As a precaution, the buyer now already subrogates the receivables (including all accounting balance receivables from current account) regarding the conditional merchandise that result from the resale or any other legal ground (insurance, civil offence) to the full extent to the seller. The seller revocably authorises the buyer to collect the subrogation of the seller on his behalf in his own name. This collection authorisation can only be revoked if the buyer does not properly comply with his payment obligations.
In case a third party takes hold of the conditional merchandise, in particular in cases of garnishment, the buyer shall be pointed to the property of the seller and inform him promptly so that the seller can claim his property rights. If the third party is not able to carry the judicial or extrajudicial costs arising in this context, the buyer will be held liable for them.

§ 7.4 — If the buyer behaves contrary to the contract, especially in case of default of payment, the seller is entitled to take back the conditional merchandise or, if applicable, demand the assignment of the claim for restitution of the buyer against a third party. Neither taking back the conditional merchandise nor impounding of the conditional merchandise by the seller constitute a withdrawal from the contract.

§ 8.1 — If not stipulated otherwise, the invoices of the seller have to be settled without deduction within 14 days from issuing of invoice. Despite other allocation of the buyer, the seller is entitled to credit payments of the buyer against older outstanding debts first. The buyer will be informed accordingly. In case expenses and interests have already accrued, the seller is entitled to credit the payment against the expenses first, then against the interest and finally against the main receivables.

§ 8.2 — A payment is only considered effected as soon as the seller is able to dispose of the money. If cheques are used the payment is considered effected after the cheque has been payed.

§ 8.3 — In case of default of payment of the buyer, the seller is entitled to claim interests to the amount of 2% above the respective discount rate of the Deutsche Bundesbank as a flat indemnification as of the respective point in time. The interest rate is to be lower if the buyer can prove a lower burden; giving proof of a higher damage by the seller is admissible.

§ 8.4 — In case the seller learns about circumstances that put he buyer’s creditworthiness in question, especially if a cheque is not paid or if the buyer stops his payments or if the seller learns about any other circumstances that put the buyer’s creditworthiness in question the seller is entitled to make the remainder of the debt fall due even if he has accepted cheques. In such a case the seller is furthermore entitled to demand advance payments or the provision of securities.

§ 8.5 — Even if he has claimed notices of defects or counterclaims, the buyer is only entitled to offset, retention or abatement if the counterclaims are undisputed or have been defined as legally binding. However, the buyer is entitled to retention also for counterclaims resulting from the same contractual relationship.