General terms and conditions of business and contract for the sale of goods and movable objects
§ 1 Validity of these general terms and conditions
For the sale of our goods and movable objects of all kinds in business dealings and with consumers, these General Terms and Conditions apply exclusively, unless otherwise agreed. Other contractual conditions do not become part of the contract, even if Plastic World Solutions GmbH does not expressly contradict them. Even if these General Terms and Conditions are not referred to again in future contracts of the same type, these General Terms and Conditions of Plastic World Solutions GmbH apply exclusively in the version available at www.plasticworldsolutions.com when the declaration of the buyer / purchaser is submitted, unless the contractual partners agree something else in writing.
In the case of contracts with consumers, only § 3, 4, 7 as well as those that are referred to separately apply; Otherwise, the statutory rules apply. For the delivery of goods of all kinds, § 433 ff. BGB also apply. Insofar as services have been additionally commissioned separately (e.g. installations, training courses, etc.), § 611 ff. BGB also apply.
§ 2 conclusion of contract
Our offers are subject to change and non-binding, unless the offer is designated as binding in writing. A legal binding is always established through a contract signed by both parties or through our written order confirmation, also through the fact that Plastic World Solutions GmbH begins to provide services (delivery) after the order has been placed. We are entitled to request written confirmations of verbal contractual declarations from the customer. The orderer (buyer) is bound to his declarations for the conclusion of contracts for four weeks. Separate contracts are to be concluded for deliveries and services of a different kind (e.g. software maintenance, installations and training). Upon request, we are ready to conclude a contract for such additional services. There is no right to conclude such a contract.
§ 3 Subject matter of the contract and scope of services
The subject of these conditions is only the delivery of the goods ordered and any services ordered with the purchase, insofar as a separate contract has been concluded for this. Before concluding the contract, the buyer has checked that the specification of the goods corresponds to his wishes and needs. He knows the essential functional features and properties of the goods. The contract signed by both parties or our order confirmation is decisive for the scope, type and quality of the deliveries and services, otherwise the offer. Other information, requirements and properties of the goods only become part of the contract if the contractual partners have agreed this in writing or we have confirmed this in writing. Subsequent changes to the properties of the goods, among others, require our written confirmation. All product descriptions, representations, and advertising brochures are service descriptions, but not guarantees. A guarantee for a special property, quality or requirement on the goods requires a written declaration by us. The buyer receives the goods together with an instruction manual, provided that this corresponds to the custom of the delivered goods. This also applies to manuals and the like. All goods to be delivered by us are state-of-the-art and are of average type and quality, unless otherwise agreed.
The goods remain our property until they have been paid for in full (retention of title). The buyer is entitled to process the goods in his own company for his own purposes. We also acquire ownership of goods that have been changed, expanded or newly created in this respect within the scope of the extended retention of title.
§ 5 Time of performance, delays and place of performance
Information on delivery and service times are non-binding, unless they are signed by us in writing as binding. We are entitled to provide partial services, provided that the parts supplied can be sensibly used by the buyer. Delivery and service deadlines are extended by the point in time at which the customer is in default of payment under the contract and by the period in which we are prevented from delivering or performance by circumstances for which we are not responsible and by an appropriate amount Start-up time after the obstacle has ended. These circumstances also include force majeure and industrial disputes. Deadlines are also deemed to be extended by the period in which the customer does not provide any cooperation in breach of the contract, for example does not provide information or does not create access, does not deliver something or makes employees available. If the contractual partners subsequently agree on other or additional services that affect the agreed deadlines, this deadline is extended
for a reasonable period of time.
Reminders and deadlines set by the buyer / purchaser must be in writing to be effective. A grace period must be appropriate. A deadline of less than two weeks is only appropriate in the case of particular urgency. The need for urgency must be demonstrated. Unless otherwise agreed, the place of performance is our company headquarters.
§ 6 Contract binding / contract termination
Any termination of the further exchange of services (e.g. in the event of withdrawal, reduction in price, termination for an important reason, compensation in lieu of performance) must always be threatened with stating the reason and with an appropriate deadline for removal (at least two weeks) and can only be declared within two weeks after the deadline will. A deadline may not be set in cases stipulated by law. Anyone who is wholly or predominantly responsible for the disruption cannot demand that the contract be reversed. All declarations in this context must be made in writing to be effective.
§ 7 Remuneration and Payment
For first-time transactions and new customers, advance payment must be made. In all other cases, the agreed remuneration is due after delivery and receipt of the invoice by the customer without deduction with a payment term of fourteen days. Unless otherwise agreed, our list of prices and conditions applies, which is available from ... www. is attainable. Shipping costs and expenses are to be reimbursed according to expenditure. Additional services requested by the buyer (e.g. advice and support) will be paid for separately by agreement. All prices are exclusive of sales tax. This does not apply to business with consumers. The entire price includes sales tax.
The orderer / buyer can only offset a claim recognized by us or legally established. Except in the area of § 354 a HGB, the customer can assign claims from this contract to third parties with our prior written consent. The buyer is only entitled to a right of retention or the objection of a non-fulfilled contract within this contractual relationship.
§ 8 Obligations of the buyer / purchaser
The orderer / buyer is obliged to expertly examine all delivery items immediately after delivery or after they have been made accessible in accordance with the commercial regulations, Section 377 of the German Commercial Code (HGB) and to give notice of any defects in writing with a precise description of the error. The customer thoroughly tests the goods for usability in the specific situation.
§ 9 material defects
When the risk passes, our goods have the agreed quality and are suitable for the contractually stipulated use or, in the absence of an agreement, for normal use. It meets the criterion of practical suitability and has the usual quality and goodness. In the event of material defects, we are initially entitled to supplementary performance. The subsequent performance is carried out by us either by eliminating the defect or by delivering new goods that do not have this defect. Because of a defect, at least two attempts at subsequent performance are to be accepted. If necessary, the buyer supports us in remedying the defects by specifically describing any defects that have occurred and providing us with comprehensive information. We are entitled to remedy the defect either on site or at any third place at our own expense. Insofar as we finally refuse supplementary performance or this supplementary performance finally fails or does not have to be accepted by the buyer, the buyer can either withdraw from the contract within the framework of § 6, reduce the remuneration appropriately and, if the legal requirements are met, demand additional compensation or reimbursement of expenses according to § 11.
All claims expire according to § 12.
§ 10 legal defects
We guarantee that the contract goods are free of third party rights and are our property. In addition, the rights from § 9 (subsequent performance, etc.) apply.
§ 11 liability
We are only liable for intent, malice and guarantee. In the event of gross negligence, we are liable for typical damage that was foreseeable when the contract was concluded. In the event of a simple negligent breach of a main obligation, we are only liable to the amount of the typical damage that was foreseeable when the contract was concluded, but no more than 10% of the gross order amount per claim and for all claims from and in connection with the contract as a whole.
We are entitled to raise the objection of contributory negligence. In particular, the buyer must store the goods properly and use them exclusively for their intended purpose, taking into account the operating and operating instructions. In the event of injury to life, body and health and in the event of claims under the Product Liability Act, the statutory regulations apply without restrictions.
§ 12 Limitation
In the case of material defects, the limitation period for claims to purchase price repayment, withdrawal or reduction is one year from delivery of the goods or through transfer
abe the goods. One year for other claims based on material defects. Two years for claims based on legal defects. Two years for claims for damages or reimbursement of wasted expenses that are not based on material or legal defects.
The period begins at the point in time at which the buyer / customer has or should have become aware of the circumstances giving rise to the claim. Alternatively, the statute of limitations occurs at the latest with the expiry of the maximum periods specified in § 199 BGB.
§ 13 Beginning and end rights of the buyer
Ownership of the delivered items and other rights to the goods are only transferred to the buyer once the contractual remuneration has been paid in full. Prior to this, there is also no contractual right to use the goods, unless otherwise agreed.
14 Confidentiality of data protection
Insofar as the contractual partners mutually provide information in which there is an interest worthy of protection or which is legally protected or contains business or trade secrets or is designated as confidential, this information will be treated confidentially. We are entitled to name the buyer as a reference customer after the agreed delivery and services have been successfully completed. Our contractual partners have the same right.
15 training courses
As far as training on the goods is required, this takes place on our premises, unless otherwise agreed. If the training takes place at a different location, travel time and travel costs incurred are to be reimbursed.
§ 16 final provisions
Changes and additions to the contract must be made in writing to be effective. This written form requirement can only be waived in writing. Transmission in text form, in particular by fax or e-mail, is sufficient to maintain the written form. The law of the Federal Republic of Germany applies to the exclusion of conflict of laws. LJN sales law has been agreed for commercial customers. The place of performance and place of jurisdiction for all disputes arising from and in connection with these contracts is the registered office of our company, currently Nuremberg, for contracts with merchants. We are entitled to sue at any other admissible place of jurisdiction. There are no side agreements to this contract.