for products and services
of Fa. SCHIWA Styroporschneider
I. General Terms and Conditions
1. Both party's written explanations are valid for for the shipping or services (from now: shipping). Terms and Conditions of the customer are only valid if the Shipper agreed to them in writing.
2. Partly Deliveries are acceptable as long as they are reasonable to the customer.
II. Prices and Payment Terms
1. Prices are ex works exclusive packaging, exclusive insurance, plus the appropriate sales tax (if not otherwise agreed).
2. Payments are to be made so no charges arise for the Shipper.
3. At payment made via d/p = Documents Against Payment both parties are responsible for their incurred costs.
4. The Customer can only count up requirements that are indisputable or oder legally binding.
5. On orders with a total of less than € 35.00 a fee of € 5.00 is applied.
III. Reservation of Title
1. The title of the goods of the delivery remain with the Shipper until fulfillment by the Customer of all agreements with the Customer.
2. Duting a reservation of title, the Customer must not pawn or transfer by way of security the goods and the sales or transfer is only allowed to dealers in the normal course of business and under the condition that the dealer will receive payment from Buyers or when the dealer caveats with the Buyer that the goods transfer only once payment is received.
3. During garnishment, confiscations, or other disposal or intervention of a third party, the Customer has to inform the Shipper immediately.
4. Duting breach of duty of the Customer, especially payment, the Shipper has the right, after an unsuccessful set reasonable frist to the Customer, declare the contract invalid and take back any goods; the lawful clause about the expendability of setting a frist are untouched. The Customer has to release the goods.
IV. Passing of Risk
1. The risk will be passed to the Customer even for freight free shipments as follows:
a) at delivery without assembly or installation, when they are turned over to or picked up by the shipping company. The shipment gets insured by the Shipper against the usual transportrisks.
V. Receipt and Acceptance
The Customer must not deny acceptance of the shipment for petit wegen unerheblicher defects.
VI. Deficiencies of Goods
The Shipper is liable for deficiencies of goods as follows:
1. At the Shippers choosing and at no charge, all parts or services are to be repaired, replaced, or performed, that show a deficiency withing the limitation period, without consideration of the operating, provided the cause was present at the time of the passing of risk.
2. Deficiencies of goods claims prescribe within 12 months.
3. The Customer has to report the deficiencies of goods to the Shipper immediately in writing.
4. Dring deficiencies of goods claims, the Customer can detain payments which amount is in a reasonable relation to the deficiencies. The Customer can hold back payment for deficiency claims that are beyond doubt. Should the deficiency claim be wrong, the Shipper has the right to be compensated by the Customer for incurred expenses.
5. Initially, the Shipper is allowed the opportunity for supplementary performance withing a reasonable time.
6. If the supplementary performance fails, the Customer can claim for damages according to article XI; waive the contract or declare it invalid.
7. Deficiencies do not only result from irrelevant deviation of the agreed property, from irrelevant limitation of the usefulness, by natural wear or damages, that are a result of incorrect or careless use, excessive use as well as improper operation after the transfer of risk. Claims for deficiencies of goods are invalid should the Customer or a third party perform any changes or repairs.
8. Claims of the Customer with the purpose of supplementary performance, especially transport-, gas-, labor- and material costs, are excluded, where the expenditure increases because the goods of the shipment are subsequently brought to another place than the place of business of the Customer, unless the transfer has a purpose.
9. Recourse action of the Customer against the Shipper according to § 478 BGB (Recourse of the Trader) is only valid if the Customer does not have an agreement with his buyer about the lawful deficiency claims. For the extent of the recourse claim of the Customer against the Shipper § 478 Abs. 2 BGB Nr. 8 is valid.
VII. Court of Jurisdiction and Applicable Law
1. Sole court of jurisdiction, when the customer is a dealer, should there be direct or indirect differences resulting from the contract relationship is the home of the Shipper. The Shipper is also entitled to take action at the jurisdiction of the Customer.
2. For the privity of contract, German substantive law is applied for this contract under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
VIII. Contract Liability
Remaining sections of the contract remain valid despite legal invalidity of certain other sections. This is not the case if the adherence to the contract would create undue hardship on one party.