General Terms and Conditions
Ulrich Zinngraf Maschinen & Werkzeuge
§ I. Scope of Application
1. All quatations and agreements are based on the conditions below and are considered to be accepted for the duration of the whole business relationship by placing the order accepting the delivery. Deviating conditions, which have not been expressly accept in writing, are not binding for me, even if they have not explicitly been contradicted.
2. The term „consumer“ as used in these provisions complies with the legal definition in § 13 BGB (German Civil Code)
3. The term „entrepreneur“ as used in these provisions complies with the legal definition § 14 BGB (German Civil Code)
§ II. Prices – Quotation and Payment Conditions, Assigment, SEPA Prenotification
1. We shall be bound by any quotation for the delivery of goods or the production of a work for a period of 14 days after issuance, unless a different period is stipulated in writing.
2. Unless otherwise agreed on, prices apply EX WORKS, transport packing excluded. The packing will be charged separately.
3. VAT is not included in the prices. For invoices for the German domestic market it will be separately charged at the applicable statutory rate on the day of invoicing. National taxes (inside the European Union) and national taxes, customs duties and customs fees (outside the European Union) for goods delivered to customers outside Germany are not included in the prices. These taxes, duties and fees must be paid by the appropriate authorities in their country. If there is a price increase between the conclusion of the contract and the agreed delivery of the goods/performance of the contractual service, the relevant price is the price on the day of delivery/performance. If the price thus determined is more than 5% higher than the agreed price, the customer is entitled to withdraw from the contract. If taxes or other external costs included in the agreed price change or are incurred later than four weeks after conclusion of the contract, or if they arise new, I am entitled to a corresponding price change.
4. The purchase price or the invoiced amount and prices for additional services fall due for payment on the handing over of the object of purchase and the delivery or remittance of the invoice. Unless otherwise agreed or stated in my invoices, payment is due within 8 days after the invoice date in cash/check/bank transfer, less 2% discount or within 30 Tagen net without deduction. No discount is granted for invoice amounts below € 50.-. No discounts are generally granted to private individuals.
5. Is the customer in default of payment at the latest 10 days after the due date or if an essential deterioration in his financial situation occurs, my whole credit, including all credits for any other delivery made, will become due immediately. In this case I am entitled to charge interest on all arrears according to § 288 BGB. For every reminder not establishing default, we shall charge. Customer at least a lump sum to the amount of € 5.-.
6. Customer may only offset his own claims against my claims, if his claim are acknowledged or covered by a legally binding title. He may only claim a right of retention as far as it is based on claims originating from the purchase contract.
7. With the exception of claims according to § 354a HGB (German Commercial Code). Customer shall not be entitle to assign any claims against me to any third party.
8. If customer conducts payments with me on the basis of a SEPA-Direct Debit mandate, the period of prenotification shall be 1 calender day prior to maturity.
§ III. Delivery
1. Dates and times of delivery, which can be stipulated bindingly or not bindingly, shall be indicated in writing. The period of the delivery time shall start upon conclusion of the contract.
2. If I am prevented from delivering the article of sale on the agreed date or within the agreed time limit or from meetingthe completion deadline accepted in writing, due to circumstances I have to accountfor, I shall be liable according to the legal provisions. In case of delivery dates confirmed as non-binding, Customer shall, in the context of a reminder, set an additional period at least 8 working days to complete delivery.
3. Force mayeure and events temporarily preventing me – without any fault on my part – from supplying the delivery or service by the agreed date or within the agreed time give me the right to delay the delivery or service by the duration of the impediment plus an appropriate period of adjustment. If the delivery time is is extended or if I am become discharged from our obligation, Customer shall not be entitled to derive any damage claims from this.If corresponding disturbances lead to a performance delayof more than four months, Customer has the right to withdraw from contract. Other rights of rescission remain unaffected.
4. Customer is obliged to accept the delivery or service. If Customer gets into default of acceptance, I am entitled to receive compensation for any damage or loss encountered.
5. I reserve the right to amend construction or shape, to deviate from the colour tone as well as to modify the supply quantity during the delivery period, as long – with regard to our interests – the modifications or deviations are reasonable for Customer. If I am or the producer use signs or numbers for the marking of the order or the ordered delivery or service, no titles may be derived from this with regard to the specification of the delivery objector of the supply quantity.
6. I am entitled to a reasonable partial delivery and patial performance at any time.
§ IV. Installation by Qualified Specialists
Customer is obliged to have the installation of the purchased goods carried out by qualified specialists.
Zinngraf Maschinen & Werkzeuge
Owner Ulrich Zinngraf
Würzburger Str. 86