For all delivery contracts between us and the customer, only the following terms of delivery and payment shall apply. We do not recognize conflicting or deviating terms and conditions of the customer, unless we have agreed to them in writing in the individual case.
Oral side agreements have not been taken. Individual agreements which deviate from our General Terms and Conditions or which are complementary to each other are to be written down in writing.
Prices are based on the prices agreed on the day of the order. These will be communicated on www.bombasei.de/in the offer/in the order confirmation. The prices listed are net prices plus of the statutory VAT. For a contract value of less than 200 Euro net, we charge 9.00 Euro postage, from an order value of 200 Euro net we deliver free house. Deviations from these regulations must be fixed in writing.
Payments are to be made exclusively to Bombasei
Exchange payments are not accepted.
The payment terms and conditions printed on the invoice shall apply.
The agreed payment target begins with the creation of the invoice. If the invoice is not settled after the due date, we are entitled to charge a default interest rate of 8% p.a. above the base rate of interest of the ECB. The date of payment shall be the date of the crediting to our account. The assertion of any further damage is not excluded.
If, after conclusion of the delivery contract, it becomes apparent that the right to payment is jeopardized by a lack of performance, in particular a lack of creditworthiness of the customer, we are entitled to demand immediate security performance or cash payment for all goods delivered and not yet paid, without any deduction and for all goods still to be delivered, and to keep the goods still to be delivered up until the compensation of the claims relating to them is to be paid. If the customer does not comply with our security or payment request on time, we shall be entitled to withdraw from all supply contracts with the customer.
Maximum order value on invoice 5,000 Euro.
Partial deliveries are permitted. We are entitled to deliver even before an agreed date. If, after conclusion of the contract, it becomes apparent that the delivery by force majeure, natural disasters, war, official intervention, industrial action, uproar, operating disturbances in the factory or the subcontractors, traffic levels, operating restrictions, lack of goods, unforeseeable, missing or untimely delivery by subcontractors or for other similar reasons, which impair or block the supply of raw materials, is impossible or cannot take place on time, rests the delivery obligation for the duration of the obstacle and in the Extent of its impact. If this is not reasonable for the customer, he or she shall be entitled to withdraw from the contract after expiry of a reasonable period of time to be set by him. We do not have to represent non-deliveries or delayed delivery for the above mentioned reasons. A right to compensation for damages or remission compensation is excluded. In the event of delays in delivery, which the customer has to represent, extends or The agreed delivery dates and delivery dates shall be postponed accordingly.
In the case of orders for special products, in the manufacture of which the final output is not precisely to be overlooked, we are allowed to supply with plus minus 10% of the order quantity with the appropriate calculation. This also applies to individual subsets.
Shipping and transport will take place, even if we take over the shipping costs, in all cases for the invoice and the risk of the recipient. The risk shall pass as soon as the goods are handed over to the shipping officer, but at the latest with the departure of our warehouse. If the delivery is delayed for reasons which the customer has to represent, the transfer of risk shall already occur with the indication of readiness for dispatch. The shipping method and route shall be determined by us, unless a deviating agreement has been reached with the customer.
5 Rügedeadlines, Warranty
Claims for damages or missiles of the consignments shall be immediately received by the customer upon receipt by a train, post office, or post office, respectively. Speditionsbedien-have been able to declare and to declare claims in Bombasei.
After receipt of the goods, the goods shall also be immediately checked for their contractual legality. Discernible defects, missiles and false deliveries shall be notified immediately in writing, specifying the date and number of the delivery note concerned. Hidden defects must be displayed immediately after recognizability in the form described above. Any goods subject to complaint shall be returned immediately, unless otherwise provided for by Bombasei.
The traceability of the products manufactured by the purchaser using the semi-finished products of the seller must be guaranteed by the customer in accordance with Regulation EU 178/2002.
The warranty for non-material defects is limited to the delivery of non-free replacement goods. If the replacement delivery fails, the replacement delivery is unreasonable or refuses Bombasei the service seriously and definitively, the buyer can reduce the purchase price or withdraw from the contract. The liability for damages is limited in accordance with point 6 of the Mass. This also applies to a claim to the replacement rate.
The goods shall be treated in accordance with the transport and storage conditions described in the respective product specification. If the delivered goods are handled, processed or processed improperly, in particular contrary to the specifications of the product specification, a warranty is excluded. A warranty will only be provided in the case of processing and processing as intended.
All claims derived from the mangeliousness of the goods shall be included. any claims for compensation shall be refused in one year from the date of delivery of the goods. This also applies to any competing congruent claims arising out of a contractual liability. Liability shall be excluded from this provision.
We shall be liable for damages, for whatever legal reason, only in the case of intent or gross negligence on the part of our organs or secret agents. The above exclusion of liability for simple negligence shall not apply to the breach of essential contractual obligations, unless it is the liability for subject-matter. The liability for breach of essential contractual obligations is limited to the typical foreseeable damage. In case of damage caused by injury to life, body or health, we shall also be liable in case of simple negligence. Our liability is in total limited to the maximum coverage of our liability insurance with currently 250,000 euros6.2Liability for damages on the basis of a guarantee that we have accepted as well as liability under the Product Liability Act or other mandatory liability standards shall remain unaffected by the above provisions.
Claims for damages arising from contractual liability shall be carried out in one year from the delivery of the goods, except in the case of a preliminary sentence.
7 Retention of title
We reserve the right of ownership of the delivered goods until the full payment of all our present and future claims arising from the business relationship with the customer.
The customer is allowed to continue to sell or process the goods in regular business operations. If our ownership of the delivered goods is due to the resale or for another legal reason, the claims against third parties arising from the resale shall pass to us at the level of our claim. In the case of processing, connection, mixing or blending of our reserved goods with other goods which are not subject to us, the Contracting Parties agree that the customer shall already give us co-ownership after the spouse of the objective traffic value of the reserved goods to that of the other goods at the time of processing, connection, mixing or blending and shall keep these goods free of charge for us. In so far as the goods are in the possession of a third party, the customer assigns his claims against the third party, in particular his claims for delivery, to us already. We accept the assignment. Goods entered into our property or co-ownership in accordance with the provisions of this paragraph shall be deemed to be reserved goods in the Simme of paragraph 1 and the following provisions.
Until full payment of all our current and future claims arising from the business relationship with the customer, the customer will already receive all the claims from the resale of the reserved goods to us for the sake of security. We accept the assignment. The customer is authorized to collect the preceding claims in the proper business transition.
The power of the purchaser at the disposal of the provisions in accordance with the provisions of the above-mentioned regulations shall be lost if the customer is in default of property or threatens to be advised or if we give our consent, or Evasion due to non-contractual conduct (especially late payment) of the Abnhemer, which endangers our interests of security, calls for revotion. If our security interests are compromised or put at risk by third party measures, the customer shall inform us immediately.
In case of contractual relationship of the customer, we are entitled to return the reserved goods. The assertion of the retention of title as well as the seizure of the reserved goods after the deadline is set by us shall be deemed to be the resignation of the contract. It is not necessary to set a deadline in the cases mentioned in the text.
8 Place of performance and place of jurisdiction
Place of performance for delivery and payments is Waldshut-Tiengen, court stand Waldshut-Tiengen
9 Partial Ineffectiveness
If individual parts of these terms and conditions are invalid or dismissed, the validity of all remaining conditions shall remain unaffected. The contracting parties are obliged to replace ineffective regulations with those which are legally effective and comply with the ineffective regulations according to their meaning and purpose and economic result as soon as possible.