1. Application of the General Terms of Sale and Delivery
(1) These General Terms and Conditions of Business (T&Cs) apply to all customers (hereinafter referred to as “Customers”) who are consumers within the meaning of Sec. 13 German Civil Code (BGB). They in particular apply to any agreements on the sale and/or delivery of movable items (“goods”), without taking into account whether we manufacture the goods ourselves or purchase them from third parties.
(2) All deliveries, services and offers on our part are exclusively made or provided based on the following Terms and Conditions of Business. These form part of any order and legal transaction.
2. Offer, reservation, conclusion of the contract, pricing, flat-rate shipping and handling charges, minimum order value
(1) Our offers are subject to change without notice and non-binding until such time as the Customer receives a declaration of acceptance from us.
(2) Moreover, our offers are always subject to the reservation of availability, which means that a delivery on our part is only owed if a sufficient quantity of the goods requested is available to us.
(3) The prices agreed upon the order being placed shall always apply. The latter are, unless anything to the contrary is specified, gross prices, including the statutory VAT.
(4) For shipping within Germany (postage and packing) we charge a flat rate in the amount of € 6,00 including the statutory VAT. When ordering individual items, a small quantity surcharge of EUR 2.50 including statutory VAT is due, provided the best value is less than EUR 50.00. We deliver within Germany free of freight and packaging charges as from an order value of € 50.00. In the event of goods being shipped outside the Federal Republic of Germany, the Customer shall bear the entire shipping and handling charges.
(5) The shipping and handling charges shall, in the event of the goods being shipped abroad, be calculated in line with the following zones and tariffs:
|Country||Shipping zone||Country||Shipping zone||Country||Shipping zone|
|from kg||until kg||Zone1||Zone1s||Zone1EU||Zone1sEU||Zone2||Zone2sEU||Zone3||Zone3EU||Zone4||Zone5||Zone6|
|0,00||5,00||16,90 €||10,90 €||18,90 €||10,90 €||20,90 €||15,90 €||17,90 €||20,90 €||31,90 €||39,90 €||47,90 €|
|5,01||10,00||21,90 €||13,90 €||24,90 €||13,90 €||26,90 €||18,90 €||23,90 €||27,90 €||40,90 €||53,90 €||65,90 €|
|10,01||15,00||25,90 €||15,90 €||29,90 €||16,90 €||32,90 €||22,90 €||29,90 €||34,90 €||49,90 €||67,90 €||83,90 €|
|15,01||20,00||30,90 €||17,90 €||35,90 €||19,90 €||39,90 €||26,90 €||35,90 €||41,90 €||58,90 €||82,90 €||101,90 €|
|20,01||25,00||35,90 €||19,90 €||41,90 €||21,90 €||45,90 €||29,90 €||40,90 €||48,90 €||67,90 €||96,90 €||119,90 €|
|25,01||30,00||39,90 €||21,90 €||46,90 €||24,90 €||51,90 €||33,90 €||46,90 €||55,90 €||76,90 €||110,90 €||136,90 €|
|30,01||51,00||80,00 €||65,00 €||80,00 €||65,00 €||80,00 €||65,00 €||80,00 €||80,00 €||160,00 €||160,00 €||180,00 €|
|51,01||76,00||140,00 €||110,00 €||140,00 €||110,00 €||140,00 €||110,00 €||140,00 €||140,00 €||220,00 €||220,00 €||240,00 €|
|76,01||200,00 €||155,00 €||200,00 €||155,00 €||200,00 €||155,00 €||200,00 €||200,00 €||280,00 €||280,00 €||300,00 €|
3. Delivery, passing of risk
(1) We always deliver to the delivery address given by the Customer. It is up to the Customer to ensure that deliveries to the address specified can reach it.
(2) The passing of risk shall, in the case of contracts which constitute consumer goods purchases, be governed by Sec. 474 German Civil Code (BGB).
4. Right of revocation and cancellation terms
You, as a consumer, within the meaning of the German Civil Code (BGB), may revoke your contractual declaration within 14 days, by making an unambiguous statement, without giving reasons. The period shall, following receipt of this information on revocation, amount to
a) in the case of a purchase agreement, 14 days as from the day on which you have, or a third party named by you, who is not the carrier, has taken possession of the goods;
b) in the case of a contract concerning multiple goods that you have ordered within the context of a single order and which are delivered separately, 14 days as from the day on which you have or a third party named by you, who is not the carrier, has taken possession of the last item ordered by you;
c) in the case of a contract concerning the delivery of goods in multiple partial consignments or items, 14 days as from the day on which you have, or a third party named by you, who is not the carrier, has taken possession of the last partial consignment or the last item ordered by you;
d) in the case of an agreement concerning the regular delivery of goods over a fixed period of time, 14 days as from the day on which you have, or a third party named by you, who is not the carrier, has taken possession of the first goods;
e) in the case of a service agreement or an agreement on the delivery of digital content, that is not supplied on a physical data carrier, 14 days as from day of concluding the contract.
To preserve the revocation deadline, it shall be sufficient to despatch the revocation in good time prior to expiry of the revocation deadline, by means of an unambiguous statement (e.g. a letter, telefax or e-mail). The revocation is to be directed to:
Schnitzer GmbH & Co. KG, Marlener Str. 9, D-77656 Offenburg, email@example.com
Consequences of revocation
Should you revoke this agreement, we are obliged to refund you any payments that we have received from you, including the delivery charges (with the exception of any additional costs arising from your having selected an alternative type of delivery to the most cost-effective standard delivery offered by us), without delay and at the latest within fourteen days as from the day on which we receive the notification about your revocation of this agreement. We shall use the same method of payment for said refund that you used for the original sales transaction, unless anything to the contrary has expressly been agreed with you. We will never charge you any fees for making such a refund.
We reserve the right to only refund the money once we have received the goods back or once you have provided evidence that you have despatched the goods, depending on which point in time is earlier.
You will need to send or hand the goods back to us without delay, in any event no later than within fourteen days of the day on which you inform us about the revocation of this agreement. The deadline shall be deemed to have been met if you despatch the goods prior to expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods, unless the goods are created in such a way that postal return is impossible. In such a case, we shall collect the goods from you at our own expense.
In regard to a loss of value of the goods, you only need to pay compensation for the value if the loss in value is attributable to handling the goods in a way that was not necessary to inspect the quality, properties and functioning of the goods.
The right of revocation shall not exist in the case of the following types of contract:
- in the case of agreements on the delivery of goods that are not prefabricated and that involve an individual choice or specification on the part of the consumer defining their manufacture or which are clearly customised to meet the consumer's personal requirements;
- contracts to supply goods which could perish quickly or the expiry date of which would be rapidly exceeded;
- contracts concerning the delivery of sealed goods, which for health protection or hygiene reasons are not suitable for return once their seal has been broken after delivery;
- contracts concerning the delivery of goods if the latter have been inseparably mixed with other goods after delivery, due to their nature;
- on the delivery of data carriers with sound or video recordings or computer software in a sealed packaging if the seal has been broken after delivery,
- for the delivery of newspapers or magazines (including glossy magazines) other than those received under a subscription agreement.
– End of the information on revocation –
In the event that you wish to revoke the contract concluded, you may use the following form and send it to us.
Schnitzer GmbH & Co. KG
Marlener Str. 9
Fax: +49 (0) 781-504 7509
I/We hereby revoke the contract concluded by me/us on the purchase of the following goods
(Name of the goods, if applicable the order number and the gross price)
I/We ordered the goods on: ............................. (date) and received them on ............................. (date)
Name and address of the customer:
............................. Place, (date) ............................. (Date)
.................................................... Customer’s signature (in the event of written revocation)
or online revocation form
5. Terms of payment, arrears, due date
(1) The fee (usually the purchase price, if applicable with the addition of a flat rate for shipping and handling charges) shall be due for payment, in the case of domestic orders, within 10 days of the invoice date, not, however, prior to the day on which the delivery has been made to the Customer or a person specified by the Customer. Should the Customer fail to pay once payment is due, he or she shall be deemed to be in arrears without the necessity of a reminder. Should a direct debit mandate exist, we shall debit the remuneration within five days of the invoice date, granting 20% cash discount. Orders will only be shipped outside Germany in return for advance payment.
(2) In the event of payment arrears, the contractual partner shall be required to pay the statutory interest. The assertion of greater damage due to delay on our part, if we provide the corresponding evidence, shall not be excluded thereby.
(3) Should we become aware of any circumstances – of whatever nature – which call into question the Customer’s creditworthiness, we shall be entitled to insist on advance payment.
6. Warranty and liability
(1) In the case of defects in the goods supplied, the Customer shall be entitled to assert his or her statutory rights. The statute-barring of warranty claims and claims for defects shall be in line with Sec. 438(1)(3) German Civil Code (BGB), and shall accordingly amount to two years.
(2) In order to avoid legal disputes, we reserve the right to insist on being sent goods complained about, in order to be able to undertake an examination of the rights in regard to defects and warranties.
(3) Our liability for compensation for damage, regardless of on what legal grounds (in particular in the case of delay, defects or any other infringements of obligations) shall be limited to typical foreseeable contractual damages. In the case of slightly negligent breaches of duty of obligations not essential to the contract, neither we nor our vicarious agents shall bear any liability.
(4) The foregoing limitations of liability shall not apply to our liability due to wilful conduct or gross negligence, guaranteed quality features, injury to life, the body or the health or in accordance with the Product Liability Act.
(5) Any subsequent fulfilment undertaken by us shall not constitute any recognition within the meaning of Sec. 212 German Civil Code (BGB).
7. Reservation of ownership
(1) We reserve ownership in the goods delivered until such time as payment of the purchase price has been made for such goods in full. While the reservation of ownership is in force, the Customer may not sell the goods (hereinafter referred to as “goods subject to retention of title”) or dispose over the ownership right in them in any other way.
(2) In the event of access by third parties to the goods subject to retention of title – in particular by bailiffs – the Customer shall point out that ownership is reserved and inform us without delay, so that we can enforce our ownership rights.
(3) In the event of anti-contractual conduct on the part of the Customer, in particular in the event of arrears of payment, we shall be entitled to request the return of the goods subject to retention of title, provided that we have effectively withdrawn from the contract.
8. Settlement of disputes/dispute resolution (cf. Art. 14(1) Online Dispute Resolution Regulations (ODR-VO), Sec. 36 Act on Alternative Dispute Resolution in Consumer Cases (VSBG).
The European Commission provides a platform for online dispute resolution, which can be accessed at http://ec.europa.eu/consumers/odr/.
We are not prepared, and not obliged, to take part in dispute resolution proceedings before a consumer arbitration board.
9. Applicable law
The law of the Federal Republic of Germany shall apply.
Art. 1 General provisions, scope of validity
(1) These General Terms and Conditions of Sale (T&Cs) apply to all business transactions with commercial customers and suppliers (hereinafter referred to as “Purchasers”). Commercial customers and suppliers means traders within the meaning of Sec. 14 German Civil Code (BGB).
(2) These General Terms and Conditions of Sale shall in particular apply to any agreements on the sale and/or supply of movable goods ("goods"), without taking into account whether we manufacture the goods ourselves or purchase them from suppliers.
(3) Unless anything to the contrary has been agreed, these General Terms and Conditions of Sale shall apply as amended as at the date of the Purchaser’s order, or, in any event, in the form of the version last notified to the Purchaser in text form, as a general contract that will also apply to similar future contracts, without our having to make reference to them again in each individual case.
(4) Our General Terms and Conditions of Sale shall apply exclusively. Any deviating, conflicting or supplementary general terms and conditions of business of the Purchaser shall only form a part of the contract - and only in as far as - we have expressly agreed to their validity in writing. This requirement for agreement shall apply in every case, for example even if we deliver to the Purchaser without reservation in awareness of its general terms and conditions of business.
(5) Any provisions agreed with the Purchaser in the individual case (including any subsidiary agreements, additions and amendments) shall, in any case, take precedence over these General Terms and Conditions of Sale. Subject to anything being proven to the contrary, a written contract or our written confirmation shall be pertinent in regard to the content of such agreements.
(6) Any legally significant declarations and announcements which are to be made by the Purchaser in regard to us after concluding the agreement (e.g. in regard to the setting of deadlines, notices of defects, declarations of withdrawal or reduction in price) shall require to be submitted in writing in order to be valid.
(7) Any references to the validity of statutory provisions are only provided for clarification. Even without such clarification, the statutory provisions shall therefore apply, unless they have been directly amended or explicitly excluded in these General Terms and Conditions of Sale.
Art. 2 Conclusion of the agreement
(1) Our offers are subject to change without notice and non-binding until such time as the Purchaser received a declaration of acceptance from us.
(2) Such acceptance may either be declared in writing (e.g. by way of an order confirmation), electronically (e.g. by e-mail) or by delivering the goods to the Purchaser.
(3) Our offers are always subject to the reservation of availability, which means that a delivery on our part is only due if a sufficient quantity of the goods requested is available. In the event of the goods not being available, we cannot accept the order and will inform the Purchaser accordingly.
(4) The Purchaser’s order for the goods shall be deemed a binding contractual offer. Should nothing to the contrary emerge from the order, we shall be entitled to accept such contractual offer within five working days of receipt of it by us.
Art. 3 Delivery deadline and delay in delivery
(1) The delivery deadline shall be individually agreed or specified by us upon accepting the order.
(2) Should we not be able to adhere to binding delivery deadlines for reasons that are not our fault (unavailability of the services), we shall inform the Purchaser about it without delay. Should the services not be possible in the scope that was confirmed upon acceptance of the order, due to circumstances that do not fall within our sphere of influence, we shall be entitled to withdraw from the contract, in whole or in part. We shall reimburse any consideration already paid by the Purchaser without delay.
(3) The occurrence of a delay in delivery on our part shall be established in accordance with the statutory provisions. In any event, however, a reminder by the Purchaser is required.
(4) The Purchaser’s rights in accordance with Art. 8 of these General Terms and Conditions of Sale and our statutory rights, in particular in the case of an exclusion of the obligation to perform (e.g. due to the impossibility or unreasonability of the service and/or subsequent fulfilment) shall not be affected thereby.
Art. 4 Delivery, passing of risk, acceptance, delay in acceptance
(1) The delivery shall be made ex works, which shall also be the place of fulfilment for the delivery and any subsequent fulfilment. At the Purchaser’s request and expense, the goods will be shipped to a different delivery address, to be specified by the Purchaser. Unless anything to the contrary has been agreed, we shall be entitled to determine the type of shipping ourselves. It shall fall within the Purchaser’s sphere of responsibility to ensure that the deliveries reach it at the delivery address specified.
(2) The risk of accidental destruction and accidental impairment of the goods shall pass to the Purchaser at the latest upon the goods being handed over. In the event of sale by delivery to a place other than the place of performance, however, the risk of accidental destruction and accidental impairment of the goods, as well as the risk of delay shall already pass to the Purchaser upon the goods being handed over to the carrier, forwarding agent or any other person or institution appointed to carry out the shipping. To the extent that an acceptance has been agreed, this shall be pertinent for the passing of risk. Also in other respects, should it have been agreed that the goods are to be accepted the statutory regulations of the law on contracts for work and services shall apply accordingly. It shall be deemed the equivalent of handing over or accepting the goods if the Purchaser is in default with acceptance.
(3) Should the Purchaser be in default with acceptance or fail to co-operate where necessary, or should the delivery be delayed for any reasons that are attributable to the Purchaser, we shall be entitled to require compensation for any damage incurred thereby, including additional expenditure (e.g. storage expenses). We shall charge flat-rate compensation for this in the amount of € 5.00 per calendar day, commencing with the delivery deadline or upon notifying the Purchaser that the goods are ready to be shipped.
Evidence of greater damage and our statutory claims shall not be affected thereby. The flat-rate compensation will, however, be offset against any further monetary claims. It shall be up to the Purchaser to prove that no damage at all has been incurred to us or only considerably less damage than the above-mentioned flat-rate amount.
Art. 5 Prices and terms of payment
(1) Should nothing to the contrary have been agreed in the individual case, our respective current prices as at the date of conclusion of the contract shall apply, with the addition of the statutory VAT.
(2) The minimum order value shall be € 50.00. As from an order value of € 160, we shall deliver, within Germany, free of any freight or shipping and handling charges. Under that order value, the Purchaser shall bear the entire shipping and handling charges. For consignments shipped abroad, the Purchaser shall bear the shipping and handling charges, irrespective of the value of the goods.
(3) The purchase price shall be due for payment within 10 days of the invoice date. We shall, however, be entitled, at any time, also within the scope of an ongoing business relationship, to only make a particular delivery, in whole or in part, in return for advance payment. We shall declare a corresponding reservation at the latest along with the declaration of acceptance. Orders will essentially only be shipped outside Germany in return for advance payment.
(4) Upon the expiry of the above payment deadline, the Purchaser shall be in arrears with payment. During the period of arrears, the purchase price shall bear interest at the respective applicable statutory arrears interest rate. We reserve the right to assert damage resulting from delay over and above this. Our claim vis-à-vis traders to the commercial default interest (Sec. 353 German Commercial Code (HGB)) shall not be affected thereby.
(5) The Purchaser shall only be entitled to assert rights of offsetting or rights of retention to the extent that its claim has been established with legal finality or is undisputed. In the event of there being defects in the delivery, the Purchaser’s counterclaims, in particular pursuant to Art. 7(6)(2) of these General Terms and Conditions of Sale, shall not be affected thereby.
(6) Should it be apparent, after concluding the contract, that our claim to the purchase price is put in jeopardy by a lack of efficiency on the part of the Purchaser, we shall be entitled, in accordance with the statutory provisions, to refuse the service and – if necessary, after setting a deadline – to withdraw from the contract (Sec. 321 German Civil Code (BGB)). In the case of contracts concerning the manufacture of items that cannot be substituted (one-off products) we may immediately declare withdrawal. The statutory provisions on the waiving of setting a deadline shall not be affected thereby.
(7) Should we become aware of any circumstances, of whatever nature, which call into question the Purchaser’s creditworthiness, also within the scope of the ongoing business relationship, we shall be entitled to demand immediate payment of the entire residual debt and retain any goods not yet delivered or require collateral to be posted.
Art. 6 Reservation of ownership
(1) We reserve ownership of the goods sold until such time as all our present and future claims arising from the purchase contract and any ongoing business relationship (secured claims) have been met in full.
(2) The goods subject to reservation of ownership may neither be pledged to third parties nor assigned by way of security prior to payment of the secured claims in full. The Purchaser shall be required to inform us in text form without delay if an application for the institution of insolvency proceedings is filed or if third parties access the goods belonging to us (e.g. by way of levy of execution).
(3) In the event of any anti-contractual conduct on the part of the Purchaser, in particular in the case of non-payment of the purchase price due, we shall be entitled to withdraw from the contract, in line with the statutory provisions, and/or demand the return of the goods based on reservation of ownership. The demand for the return of the goods does not simultaneously entail a declaration of withdrawal. Rather, we are entitled to merely request the return of the goods and reserve the right to withdraw from the contract. Should the Purchaser not pay the purchase price due, we may only assert such rights if we have previously set the Purchaser a reasonable period for payment, without success, or the setting of such a deadline can, in accordance with the statutory provisions, be dispensed with.
(4) The Purchaser is authorised, under (c), to continue to sell and/or process the goods subject to reservation of ownership in the orderly course of business until such time as such authorisation is revoked. In this case, the provisions below shall apply in addition.
(a) The reservation of ownership shall extend to the full value of the products arising through processing, mixing or connecting our goods, in regard to which we shall be deemed the manufacturer. Should a third party’s right of ownership continue in force when the goods are processed, mixed or connected with its goods, we shall acquire co-ownership in the proportion of the amounts invoiced for the processed, mixed or connected goods. Otherwise, the same shall apply to the product arising as to the goods supplied subject to reservation of ownership.
(b) The Purchaser already at this point assigns to us by way of security the claims against third parties arising from selling on the goods or the product in their entirety or in the amount of any co-ownership which we may have in accordance with the above paragraph. We accept the assignment. The Purchaser’s obligations specified in paragraph 2 shall also apply in consideration of the claims assigned.
(c) The Purchaser shall remain authorised to collect the receivable in addition to us. We undertake not to collect the claim as long as the Purchaser complies with its payment obligations towards us and does not demonstrate any lack of ability to pay, and we do not assert the reservation of ownership by exercising a right in accordance with paragraph 3. Should this, however, be the case, we may require the Purchaser to disclose the receivables assigned and their debtors, provide all details necessary for their collection, hand over the associated documentation and notify the debtors (third parties) of the assignment. In addition, we shall, in such a case, be entitled to revoke the Purchaser’s authorisation to continue to sell and process the goods subject to a reservation of ownership.
(d) Should the realisable value of the collateral exceed our receivables by more than 10%, we will, to that extent, at the Purchaser’s request, release collateral of our choice.
Art. 7 Rights in regard to claims for defects on the part of the Purchaser
(1) In regard to the Purchaser's rights in the case of material defects or defects in title (including wrong delivery or the delivery of a shortfall in quantity, as well as improper assembly or faulty assembly instructions), in so far as nothing to the contrary has been provided for below the statutory regulations shall apply.
(2) The basis for our liability for defects shall, in particular, be the agreement entered into concerning the quality of the goods. All product descriptions which are the subject of the individual contract shall be deemed an agreement on the quality of the goods. In this respect, it does not make any difference whether the product description originates from the Purchaser, the manufacturer or us.
(3) Should the quality not have been agreed, it is to be assessed, in line with the statutory regulations, whether a defect exists, or not (Sec. 434(1)(2) and (3) German Civil Code (BGB)). We do not, however, accept any liability for public statements made by the manufacturer or any other third party (e.g. promotional statements).
(4) The rights of the Purchaser concerning defects require that the latter has complied with its inspection and reporting obligations in accordance with Secs. 377, 381 German Commercial Code (HGB). Should a defect become apparent upon inspection or subsequently, we are to be notified about it in text form without delay. The notice shall be deemed to have been given without delay if it is given within two weeks, in regard to which timely despatch of said notice shall be sufficient to preserve the deadline. Notwithstanding such an obligation to carry out an inspection and file a complaint if necessary, the Purchaser shall be required to notify any obvious defects (including any wrong delivery or a delivery containing a shortfall in the number of goods) in writing within two weeks of delivery, in regard to which timely despatch of the notification shall also, in this case, suffice to preserve the deadline. Should the Purchaser fail to carry out a proper inspection and/or notify defects, our liability for the defects not notified is excluded.
(5) Should the item delivered be defective, we may first of all choose whether to provide subsequent fulfilment by remedying the defect (subsequent improvement) or by supplying an item free of defects (replacement delivery). Our right to refuse subsequent fulfilment on the statutory prerequisites shall not be affected thereby.
(6) We shall be entitled to make the subsequent fulfilment owed dependent upon the Purchaser paying the purchase price falling due. The Purchaser shall, however, be entitled to retain a reasonable part of the purchase price, in proportion to the defect.
(7) The Purchaser needs to give us the necessary time and opportunity to implement the subsequent fulfilment owed, in particular hand over the goods purchased about which the complaint has been made for it to be checked over. In the event of a replacement delivery, the Purchaser shall return the defective item to us in accordance with the statutory regulations. Subsequent fulfilment shall not involve either removing the defective item or reinstalling it, if we were originally not obliged to install it.
(8) The expenses necessary for the purpose of checking and subsequent fulfilment, in particular the costs of transport and travel, labour and materials (but not the costs of removal and installation), shall be borne by is, if there is an actual defect. Otherwise we can require compensation from the Purchaser for the costs incurred due to an evidently unjustified request for remedying of defects (including the costs of examination and transport), unless the fact that the goods were not defective was not apparent to the Purchaser.
(9) Should the subsequent fulfilment have failed, or a reasonable deadline to be set by the Purchaser for the subsequent fulfilment have expired fruitlessly or, according to the statutory regulations, not be necessary, the Purchaser may withdraw from the purchase agreement, or reduce the purchase price. No right of withdrawal shall exist, however, in the case of an insignificant defect.
(10) Any claims on the part of the Purchaser for compensation for damage or compensation for futile expenditure shall, also in the event of there being defects, only exist in line with Art. 8 and shall otherwise be excluded.
Art. 8 Other types of liability
(1) In so far as nothing to the contrary emerges from these General Terms and Conditions of Sale, including the following provisions, we shall be liable, in the case of infringement of contractual and non-contractual obligations in accordance with the statutory regulations.
(2) We shall be liable for compensation for damage within the scope of the liability due to negligence
- a) for losses arising from injury to life, the body or the health;
- b) for any other damage caused by wilful intent or gross negligence.
(3) We shall, moreover, be liable for any losses arising from not inconsiderable, slightly negligent infringements of an essential contractual obligation (an obligation, the fulfilment of which only makes it possible to execute the contract in proper form in the first place, and adherence to which the contractual partner usually relies and may rely upon). In such a case, our liability shall be limited to providing compensation for the foreseeable damage typically occurring.
(4) The limitation of liability arising from paragraph 2 shall also apply in the event of breaches of duty by or to the benefit of persons whose fault is attributable to us, as per the statutory provisions.
(5) Liability shall ultimately exist if we fraudulently conceal a defect or have provided a warranty for the quality of the goods and for any claims on the part of the Purchaser under the Product Liability Act.
(6) Otherwise, we exclude liability.
(7) The Purchaser may only withdraw or terminate the agreement due to a breach of duty which does not consist of a defect if the contractual infringement is our fault. A free right of termination on the part of the Purchaser (in particular pursuant to Secs. 651 and 649 German Civil Code (BGB)) shall be excluded. In all other respects, the statutory prerequisites and legal consequences shall apply.
Art. 9 Statute of limitations
(1) A period of limitation of one year shall apply to any claims arising from material defects and defects in title. To the extent that an official acceptance has been agreed, the period of limitation shall commence upon acceptance.
(2) The above period of limitation shall also apply to contractual and non-contractual claims for compensation for damage on the part of the Purchaser that are based on a defect in the goods, unless the application of the usual statutory period of limitation (Secs. 195 and 199 German Civil Code (BGB)) would, in the individual case, lead to a shorter period of limitation. Claims for compensation for damage on the part of the Purchaser in accordance with Art. 8(2)(1) and (2)(a) shall, however, exclusively become statute-barred in accordance with the statutory periods of limitation of the CISG (United Nations Convention on Contracts for the International Sale of Goods).
Art. 10 Choice of law and place of jurisdiction
(1) The laws of the Federal Republic of Germany shall govern these General Terms and Conditions of Sale and the contractual relationship between us and the Purchaser, subject to exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive – also international – place of jurisdiction for any disputes directly or indirectly arising from the contractual relationship with traders within the meaning of Sec. 14 German Civil Code (BGB) shall be our place of business in Offenburg. We shall, however, in all cases, also be entitled to sue the Purchaser at the place of fulfilment of the delivery obligation, in line with these General Terms and Conditions of Sale or any prior-ranking individual agreement, or at the general place of jurisdiction of the Purchaser. Prior-ranking statutory provisions, in particular in regard to exclusive jurisdictions, shall not be affected thereby.