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General terms and conditions of business (AGB) of m+m Legionellenfilter GmbH

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I. Scope

  1. The following terms and conditions of business (our AGB) apply for all contracts that we enter into with consumers (Article 13 BGB (German Civil Code)) or businesspersons (Article 14 BGB), in so far as these are contracts of sale, contracts of sale with an installation obligation or contracts for work and services.
  2. Our AGB apply exclusively. We do not recognise AGBs of the customer that differ from or conflict with our own AGB, unless we have expressly agreed to their application.
  3. All agreements made between ourselves and the customer for the execution of a contract are set down in our quotation in writing or in text form. Subsequent amendments of and supplements to the contractual content have to be confirmed by us in written or text form.

II. Prices, payment conditions, retention of title

  1. Unless shown otherwise in our quotation or in our order confirmation, our prices apply ex works. The costs of packaging and dispatch will be charged for separately.
  2. Payments for goods and services are due 14 days after the performance has been completed (NB. in the case of contracts for work and services, they become due 14 days after acceptance) and the delivery of an invoice.
  3. Retention of title
    Delivered goods remain our property until the full payment of the purchase price including all incidental claims.
  4. In the case of contracts with businesspersons, the following additionally applies: until full payment of the purchase price, a sale is only permissible in the ordinary course of business. The customer already cedes to us all claims in the amount of the final invoice amount including value added tax for our claims that accrues to him from the resale in respect of his buyers or third parties, and this irrespective of whether or not the purchased item is resold after undergoing any processing. The processing or modification of the purchased item by the customer will in all cases be carried out on our behalf. If the purchased item is processed with other items that do not belong to us then we acquire co-ownership of the new item in the ratio of the value of the purchased item (according to the gross final invoice amount) to the other processed items at the time of processing. The same applies if the purchased item is inseparably mixed with other items that are not our property. The customer also cedes to us the claims to secure our own claims against him that accrue through the attachment of the purchased item to a piece of real estate in respect of a third party. We undertake that at the customer’s request we will release the security that we are entitled to, releasing it to the extent that the realisable value of our security is more than 10% higher than the claims to be secured. We are free to choose which items of security to release.

III. Liability for defects and compensation

  1. If the customer is a businessperson then a prerequisite for his defect-related claim is that in accordance with Article 377 HGB (German Commercial Code) he has properly fulfilled his duty to examine and his duty to make a defect-related complaint immediately upon receipt of the goods.
  2. If the purchased item shows a defect then the customer is entitled to choose whether to have subsequent performance in the form of remedying the defect or in the form of supplying a new defect-free item. If remedying of the defect fails then the customer can choose whether to withdraw from the contract or demand a price reduction.
  3. In so far as the customer asserts compensation claims against us, we are liable according to the legal provisions if we are blamed for a breach of duty that is based on intent or gross negligence. In so far as we are not accused of an intentional contractual breach, the liability for compensation is limited to the foreseeable, typically occurring loss.
  4. In accordance with the legal provisions, we have unlimited liability in the case of a culpable loss of life, personal injury or injury to health. This also applies for the mandatory liability under the ProdhaftG (German Product Liability Act).
  5. In accordance with the legal provisions, we have unlimited liability in so far as we culpably breach a material contractual obligation. In the case of a negligent breach of duty, the liability for compensation is limited to the foreseeable, typically occurring loss.
  6. Unless otherwise provided above, our liability for compensation claims is excluded.
  7. We are not liable for such loss (incl. harm, damage and injury) suffered by the customer through natural wear and tear, through a failure to comply with the servicing and maintenance instructions or through improper treatment of the purchased item.
  8. In the case of information provided about dimensions, weights and other properties of the purchased item, the customary deviations are permissible. As long as the value of our goods supplied or services rendered is not reduced or the customary intended use laid down in the contract is not impaired defect-related claims are excluded.

IV. Performance period

  1. The delivery deadlines stated in our quotation or in our order confirmation are non-binding contractual deadlines. We shall not be in default until we - after exceeding a non-binding contractual deadline - receive a reminder to perform that grants a reasonable grace period and this grace period has expired.
  2. The customer’s claims for compensation for loss caused by default/delay are limited to the foreseeable, typically occurring loss.

V. Place of performance and place of jurisdiction

  1. Unless stated otherwise in the order confirmation, the place of performance is our principal place of business.
  2. If the customer is a businessperson, legal entity under public law or separate fund under public law, the place of jurisdiction is our principal place of business. However, we are entitled to file a legal action against the customer with the court that is competent for his domicile.
  3. The laws of the Federal Republic of Germany apply, to the exclusion of the UN Sales Convention.

 

Version dated: March 2018