GENERAL SALES CONDITIONS
§ 1 General – Scope
(1) The sales conditions of Siebecke presentation systems (hereinafter referred to as “AVB”) apply exclusively to companies within the meaning of Section 310 (1) BGB. We only recognize terms of the customer that conflict with or deviate from our terms of sale if we expressly agree to them in writing.
(2) These terms of sale apply to all of our current and future business with the customer.
§ 2 offer and contract conclusion
(1) Our offers, which are based exclusively on our AVB, are subject to change.
(2) If an order is to be regarded as an offer in accordance with § 145 BGB, we can accept it within 2 weeks.
(3) We reserve ownership and copyrights to all documents provided, such as illustrations, drawings, calculations and other documents. These documents may not be made available to third parties. The customer requires our express written consent to pass on these documents.
§ 3 prices and terms of payment
(1) Unless otherwise agreed in the order confirmation, our prices apply “ex works”, excluding packaging and plus VAT at the statutory rate. Packaging costs will be invoiced separately.
(2) Payments must only be made to the account listed in our invoice, in the agreed currency.
(3) The discount is only deductible for special ones Written agreement permitted.
(4) Unless otherwise stated in the order confirmation, the purchase price is due net (without deduction) within 21 days of the invoice date. Tool costs, samples and expenses for freight, courier services, etc. are payable immediately without any deductions.
The legal rules regarding the consequences of late payment apply.
(5) We reserve the right for deliveries 3 months or later after conclusion of the contract, reasonable price changes due to changed wages, material and distribution costs.
(6) The customer is only entitled to offset if his counterclaims have been legally established, are undisputed or have been recognized by us . The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 4 delivery and delivery time
(1) The beginning of the delivery time specified by us presupposes the timely and proper fulfillment of the customer’s obligations. We reserve the right to object to the non-fulfillment of the contract.
(2) The start of the delivery times specified by us presupposes the clarification of all technical questions and the issue of all necessary releases as well as the receipt of an agreed down payment.
(3) From Delivery times given to us are only approximate, unless a fixed date or a fixed deadline has been expressly agreed or agreed.
(4) If the customer is in default of acceptance or culpably violates other duties to cooperate, we are entitled to demand compensation for the damage we incur, including any additional expenses. Further claims or rights are reserved. If the above requirements are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point in time when he is in default of acceptance or debtor.
(5) We are liable according to the statutory provisions, if a fixed commercial transaction has been agreed. The same applies if, due to the delay for which we are responsible, the customer can assert that the immediate assertion of the claim for compensation for the damage is considered instead of the service.
(6) We are not liable for the impossibility of delivery or for delays in delivery insofar as these were caused by force majeure or other events that were not foreseeable at the time the contract was concluded or the missing, incorrect or late delivery by suppliers, which we are not responsible for. If such events make delivery or performance significantly more difficult or impossible and the hindrance is not only of a temporary nature, we are required to withdraw from the contract