General Terms and Conditions of SattlerenoTOPTEX GmbH - PDF document

General Terms and Conditions of Sattlere
General Terms and Conditions of SattlerenoTOPTEX GmbH 1. GeneralThe following 'General Terms and Conditions' of SattlerCenoTOPTEX GmbH (hereinafter referred to as SATTLERCENO) are an integral part of the contract. Conflicting or deviating terms and conditions, or other restrictions of the Contractual Partner, shall not be recognised unless SATTLERCENO expressly consents totheir validity in writing.The conditions of sale specified herein shall also apply even when SATTLERCENO, in the knowledge of conflicting conditions of sale of the Contractual Partner or those deviating therefrom, performs the delivery to the latter. These conditions also apply to all future transactions.Should SATTLERCENO provide supplies and serviceswhich are construction services within the meaning of the Contract Conditions for Construction Work Part B (Verdingungsordnung fBauleistungen VOB/Bthese shall be supplementary.Any further agreements made between SATTLERCENO and the Contractual Partner for the purposes of contractual execution shall be made in writing or in text form.2. Offers, pricesSATTLERCENO offers are nonbinding. If an order qualifies as an offer, SATTLERCENO may accept this within 14 calendar days through a transfer of an order confirmation or delivery of the goods. The offer is deemed as rejected upon expiration of the period. If SATTLERCENO does not create an order confirmation, the invoice shall be considered as confirmation.The prices shall be ex works. Shipping costs shall be charged separately. Upon the request of the Contractual Partner, SATTLERCENO shall conclude transport insurance at the expense of the former.If more than six months pass between contract conclusion and the agreedupon delivery date, or if the services can only take place after expiry of this period due to reasons for which the Contractual Partner is responsible, the SATTLERCENO prices valiSATTLERCENO shall be liable in accordance with statutory provisions insofar as a purchase contract is a fixeddate transaction (361 of the German Civil Code (rgerliches Gesetzbuch BGB) or 376 of the German Commercial Code (Handelsgesetzbuch HGB)). SATTLERCENO is also liable in accordance with statutory provisions provided that, as a result of a delay in delivery for which it is responsible, the Contractual Partneris entitled to assert that its interest in the further fulfilment of the contract has ceased to exist.TLERCENO shall continue to be liable in accordance with the statutory provisions if the delay is based on intentional or grossly negligent breach of contract caused thereby. Any fault of its representatives or vicarious agents shall be attributable thereto. SATTLERCENO is also liable in accordance with legal provisions insofar as the delay in delivery for which it is responsible is due to the culpable violation of a contractual obligation. In this case, however, the liability for damages shall be limited to the foreseeable, typicallyoccurring damages.SATTLERCENO excludes its liability for minor negligent breaches of duty, as long as these do not concern any contractual obligations or cardinal obligations, damages resulting from injury to life, body, health or guarantees, or are claims affected under the Product Liability Act. Insofar as liability is excluded or limited, this also applies to the personal liability of employees and other vicarious agents.If the Contractual Partner is in default of acceptance or requests a delay in delivery/services, SATTLER