General Terms and Conditions (GTC)
of Ochmann Woodworkingmachinery GmbH
Terms of delivery and sale:
All our offers, confirmations, deliveries and service are valid by the following terms and conditions. These are also valid for all future business even if they are not especially agreed again. These are accepted by the purchase confirmation latest by taking over the goods or services. Conflicting terms and conditions of the contractual partner are not binding for us unless we confirm their validity in writing against confirmation of the buyer with reference to his business or purchasing terms and conditions. Our offers are subject to change without notice. The documents belonging to the offer such as drawings, illustrations, technical data as well as information in advertising material shall not constitute any assurances of quality unless they are expressly designated as such in writing. We reserve the right of prior sale for all offered machines. All agreements made verbally, by telephone or in front of employees require the supplier's written confirmation in order to be effective. Any accessories included in the prices and to be supplied together with the delivery are only those which are listed in our order confirmations or invoices. When trade-in of second-hand machines, these must be free of cracks and breakage and without any hidden mistakes.
Our prices are subject to change without notice. Unless otherwise agreed, they are understood to be ex works for new machines and ex works for used machines, plus statutory value-added tax in each case. The prices do not include the costs for packaging, freight, transport insurance, unloading, installation or other expenses. The prices valid on the day of delivery apply. In the event of default in acceptance or payment, the supplier shall be entitled to invoice the price valid on the day of delivery.
Our invoices are payable for all machines, tools, repairs and disassembly prior to collection, loading, start of disassembly and before the start of the repair. If the term of payment is exceeded, we shall be entitled to charge interest in the amount of the respective bank rates for overdraft facilities, but at least 5 % above the respective discount rate of the Deutsche Bundesbank for consumers and 8 % above the respective discount rate of the Deutsche Bundesbank for merchants. The customer shall not be entitled to withhold the purchase price or set-off, even if a notice of defects has been given or transport damages have occurred. The supplier is entitled to offset payments against older debts first, notwithstanding any other provisions of the purchaser. If costs and interest have already been incurred, the Supplier shall be entitled to set off the payment first against the costs, then against the interest and finally against the main service. If the supplier receives unfavorable information about the financial situation of the purchaser, he may, at his discretion, withdraw from the contract in the case of goods not yet delivered or, at his discretion, demand cash advance payments in the case of all possible payment agreements, demand cash advance payments and, in the case of goods delivered but not yet paid, demand return or cash payment.
Used machines and goods are sold to entrepreneurs under exclusion of any warranty. The warranty period for the sale of consumer goods is 12 months. The warranty for new goods is based on §§ 377,378 HGB in conjunction with §§434,435 BGB. The warranty period for sales to entrepreneurs is 12 months. The period begins with the passing of risk. In the first instance, the supplier shall only be liable if he chooses to repair defective parts or deliver completely new parts. The rights in accordance with § 437 BGB (German Civil Code) due to non-fulfilment are granted to entrepreneurs if a three-fold improvement to one and the same source of error does not lead to faultlessness. Claims for damages and reimbursement of expenses shall only exist in case of gross negligence and intent and if cardinal obligations are violated. After three rectification of defects, the customer has the right to a one-off new delivery. If the customer modifies the machine due to extensions and alterations, any warranty claims shall lapse. This also applies in the event of improper use, faulty installation, operating errors, excessive stress, unsuitable operating materials and inadequate care. If the supplier decides to carry out the repair, the customer must allow sufficient time for this. A replacement acceptance by the customer is only possible after a delay together with setting of an extension of time and threat of refusal or if the measure is necessary to avert immediate danger for the delivered item. The warranty shall lapse if repair work is carried out by third parties without consultation with the supplier. Claims for compensation for damage to the delivered goods, consequential damage, consequential damage or consequential damage caused by a defect are excluded, unless the supplier can be accused of intent or gross negligence. With regard to the purchase of consumer goods, §§ 433 to 435,437,439-443 BGB (German Civil Code) apply, with the exception of shortening the warranty period to one year in the case of used machines and the exclusion of compensation for damages. When selling to entrepreneurs, the seller assures that he/she will not resell to consumers. The Vendor shall indemnify and hold harmless the Vendor against any claims and expenses arising from a recourse pursuant to § 478 BGB (German Civil Code)
.§5 Delivery / Shipping
Delivery shall be deemed to have been made when the delivery items are ready for dispatch and the customer has been notified of this. At this point in time, the risk shall pass to the Purchaser, irrespective of whether the delivery item is located at the Supplier's location or elsewhere. If, by way of exception, the supplier agrees to a request by the purchaser to cancel the contract, the purchaser shall reimburse the purchaser for any costs incurred and loss of profit. Unless otherwise agreed, shipping shall be at the expense and risk of the customer. If the Purchaser does not issue special shipping instructions, the Supplier shall effect the shipment at its discretion. The transport risk is always borne by the purchaser - even in the case of carriage paid delivery by the supplier's own vehicles. The supplier offers to take out transport insurance. The costs for this shall be borne by the customer. The Supplier shall be entitled to the claims arising from the concluded insurance against the insurance company. As a precautionary measure, the supplier assigns to the customer the claims given in this respect. In the event of transport damage, the customer is obliged to pay the purchase price, irrespective of what damage the insurance company pays. Delivery periods shall be extended to an appropriate extent in the event of measures in connection with industrial disputes, in particular strikes and lockouts, as well as in the event of unforeseeable obstacles that lie outside our control, insofar as such obstacles demonstrably have a significant influence on the manufacture or delivery of the delivery item. This shall also apply if the circumstances occur at our suppliers. We will inform the buyer immediately of such circumstances. These regulations apply accordingly to delivery dates. If the Supplier is in default of performance in accordance with the terms and conditions of delivery and if the Purchaser sets the Supplier a grace period of at least 6 weeks by registered letter with the express declaration that he refuses to accept the performance after expiry of this period, the Purchaser shall be entitled to withdraw from the contract if the Supplier culpably fails to comply with the grace period. All other claims of the purchaser, in particular for damages, are expressly excluded. Delays in the delivery of machines, equipment or accessories and tools shall also be deemed to be through no fault of the supplier if delayed deliveries are made by the sub-supplier, delivery dates shall always be non-binding. If it is agreed with the customer that he has to collect the delivery item from the supplier or a third party, he has to take care of a professional disassembly. The customer shall bear the costs of disassembly and collection. The supplier shall not be liable for any delays in collection or for any damage incurred during collection and disassembly.
§6 Retention of title
The delivery items remain the property of the supplier until full payment of the chewing price and all ancillary claims. Ancillary claims include the costs of packaging, freight, unloading, transport and erection, insurance, dismantling, assembly, delivery of spare parts, accessories and repairs including all claims arising from non-performance, from contracts, from loans and lost profit, as well as the costs of any legal proceedings and from interventions in the event of seizure of the delivery items by third parties. The supplier reserves the right of ownership of all goods delivered by him until payment of the total claim arising from the business relationship with the customer, as well as future claims arising in the sense of a current account balance. Insofar as the customer combines the delivery item with another item, this shall only be done for a temporary purpose. Any processing shall be carried out for the supplier. If the Purchaser finally combines, processes or mixes the goods, the Supplier shall be entitled to co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the final price of the new item; co-ownership shall be deemed to be goods subject to retention of title within the meaning of these provisions. The customer is not entitled to sell all or part of the delivered goods before full payment. Should this nevertheless occur, the claims of the customer arising from the resale of the goods subject to retention of title shall be assigned to the supplier already now. In the event that the goods subject to retention of title are sold by the Purchaser with other goods not belonging to the Supplier, the assignment of the purchase price claim shall only apply to the amount of the value of the goods subject to retention of title which were the object of the purchase contract with the other goods or were part of the object of purchase. The retention of title also extends to delivered tools, accessories and spare parts. However, insofar as these have been procured elsewhere at the expense of the customer, the customer is entitled to extend them when exercising the retention of title. The Supplier shall be entitled to enter the premises in which the delivery items are located as long as retention of title exists, or to allow its employees or representatives to enter the premises in which the delivery items are located, and also to take possession of the delivery item and to remove it or to demand its dispatch in the event that retention of title is exercised. The costs of return shipment shall be borne by the customer. Insofar as ownership is reserved, the customer must insure the delivered items against any damage at his own expense. In the event of loss or damage to the delivery item, the Buyer's claim against the insurance company shall be deemed to have been assigned to the Supplier. The risk of loss or damage during the period of retention of title shall be borne by the customer. If the delivery item is seized in favour of third parties or impaired by third parties, the customer is obliged to inform the supplier immediately. The costs of intervention incurred by the Supplier shall be borne by the Purchaser. The Purchaser not only expressly acknowledges, but also agrees with the Supplier that the goods subject to retention of title will only be tied to land for a temporary purpose until the security purpose has been fulfilled. The contracting parties agree that, prior to the fulfilment of the security purpose, they both do not have the will to combine the reservation of title with property other than for a temporary purpose. The goods subject to retention of title associated with land and property shall therefore not become the property of the customer until the security purpose has been achieved.
§7 Final clauses / Place of jurisdiction
Existing or occurring total or partial nullity of any part of these Terms and Conditions of Delivery and Payment shall not entail the nullity of the remaining part. A conclusion on the basis of these terms and conditions of delivery and payment shall make the same legally binding part of all further contracts between the supplier and the customer, even if they have not been specifically agreed for the individual part. The place of performance for all obligations arising from the contract is the registered office of the supplier without exception. The terms and conditions of business and the entire legal relationship between supplier and customer shall be governed exclusively by the law of the Federal Republic of Germany, excluding international private law, unified international law and excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for disputes arising from the contractual relationship as well as for actions on bills of exchange and cheques and claims arising from the right of ownership shall be the registered office of the supplier irrespective of the amount of the subject matter of the dispute in the case of merchants, legal entities under public law or a special fund under public law. The Supplier shall be entitled to process and store the data received in connection with the business relationship with the Purchaser - even if these data originate from third parties - in accordance with the Federal Data Protection Act and to have them processed and stored by third parties commissioned by the Supplier.
Ochmann Woodworking machinery GmbH
Residence: 97941 Tauberbischofsheim, Ernst-Bauer-Str. 3+5
CEO: Arno Ochmann District court Mannheim, HRB 723195