General Terms and Conditions
General Terms and Conditions
Section 1 Scope of application
1. The Holzverbindershop carries out all sales and deliveries of wood fasteners, tools, accessories and industrial articles (hereinafter referred to as the “products”) exclusively according to the following General Terms and Conditions (GTC), unless expressly agreed in writing. This also applies if these GTC are not explicitly referred to.
Section 2 Conclusion of the contract, specifications, information on saving the contractual text
1. The presentation of our products is not considered a binding offer to conclude a contract. The presentation is designed to prompt the customer to make such an offer by submitting an order. By sending an order from their virtual “shopping cart”, the customer provides a binding contractual offer to purchase the products in their shopping cart. We send an order confirmation in return via e-mail. This confirmation represents our acceptance of the contractual offer, and concludes the contract.
2. Information on technical applications is provided without any express guarantee. The customer is solely responsible for determining whether products are applicable for a specific purpose through their own testing.
3. We save the contractual test. You will no longer have access to the contractual text after the contract is concluded. You can use the printer function on your browser to print out the contractual text. You can also save the contractual text by right clicking the website to be saved and saving it on your computer. After you send your order, you will receive an e-mail from us confirming that it has been submitted.
Section 3 Prices 1. The prices indicated in the order confirmation are decisive.
Section 4 Payment conditions
1. Payments are due 30 days after the invoice date without deductions. Customer payments must be made to GH BAUBESCHLÄGE.
Section 5 Delivery and delayed delivery 1
. Deadlines indicated by GH BAUBESCHLÄGE, in particular delivery deadlines, are only binding if they are expressly confirmed as binding in the order confirmation. If binding delivery deadlines are not met, the customer can assert any rights under clause 2 only if they have previously provided a notice period of at least 4 weeks, with a declaration that the service will be rejected after this term.
Section 6 Transfer of risk and place of fulfilment
If the handover is delayed due to circumstances for which GH BAUBESCHLÄGE is not responsible, risk shall be transferred to the customer when the goods are ready for handover. This means, in particular, that GH BAUBESCHLÄGE retains its claim to compensation if the handover was impossible after this time for reasons for which GH BAUBESCHLÄGE was not responsible.
Section 7 Warranty
1. If delivered products have defects, or if they are missing guaranteed characteristics, reworking or replacement deliveries shall be provided free of charge. If GH BAUBESCHLÄGE misses a reasonable grace period provided to it without a replacement delivery or without correcting the defect, or if the reworking is unsuccessful, the customer can request a proportional reduction, compensation for or reversal of the contract. Further claims by the customer of any kind, in particular claims for damages due to non-performance, are excluded regardless of any rights under Sec. 10.
d) that are damaged by combining GH BAUBESCHLÄGE products with other equipment, unless the customer can verify that these actions or circumstances did not cause the defects included in the complaint.
Section 8 Retention of ownership
1. GH BAUBESCHLÄGE reserves ownership to delivered products (hereinafter “reserved goods”) until all claims of the customer resulting from the contractual relationship and all other claims that exist when the contract is concluded are settled in full.
Section 9 Property rights
1. All patents and other commercial property rights which exist to goods delivered by GH BAUBESCHLÄGE shall be retained exclusively by GH BAUBESCHLÄGE.
Section 10 Liability 1. GH BAUBESCHLÄGE shall be liable for al damages, on any legal rounds, only if the damages
a) were caused by the lack of a guaranteed characteristic,
b) resulting in mandatory liability under the Product Liability Act,
c) GH BAUBESCHLÄGE culpably violates a significant contractual obligation (cardinal obligation) in a manner endangering the purpose of the contract.
3. GH BAUBESCHLÄGE shall not be liable for indirect damages, damages resulting from defects or lost profits, insofar as the liability does not result from intentional actions or gross negligence by bodies or managing employees of GH BAUBESCHLÄGE, or from the lack of guaranteed characteristics.
4. GH BAUBESCHLÄGE shall be liable for lost data under the above provisions only to the extent that such data loss could not have been prevented if the customer backed up the data it created (or if it had backed up this data) promptly after completing processing with a backup copy in a machine-readable format.
5. In every case, liability shall be limited to damages that GH BAUBESCHLÄGE could reasonably expect to occur at the conclusion of the contract.
6. Unless otherwise expressly stipulated in the sections above, all liability by GH BAUBESCHLÄGE for simple negligence for any legal reason, including default, impossibility, culpability at the conclusion of the contract, positive contractual violation, culpable violation of reworking obligations and prohibited actions shall be excluded.
7. The exclusion or restriction of claims for damages under the above sections also includes claims due to prohibited actions and claims against employees and contractors of GH BAUBESCHLÄGE.
Section 11 Prohibition of assignment
The customer may not assign claims against GH BAUBESCHLÄGE, including any warranty claims, to third parties.
Section 12 Export restrictions
1. If not otherwise agreed in writing, the delivered products are intended only for use and are intended to remain in the Federal Republic of Germany. They may be re-exported only in accordance with the relevant “US Export Regulations” and German foreign trade law.
2. Contracts are always confirmed conditional upon export approval under the “US Export Regulations”.
Section 13 Data privacy
GH BAUBESCHLÄGE processes personal data in accordance with applicable data privacy provisions and within the purpose of the contractual relationship.
Section 14 Other provisions
1. In case of doubt regarding the legal validity of one or more provisions, the remainder of these GTC shall remain binding.
2. Amendments or supplements to these GTC and confirmed contracts shall require the written form. This written form requirement can only be revoked by way of a written agreement between the parties.
3. This Agreement is subject only to the material law of the Federal Republic of Germany. The Hague Conventions Relating to a Uniform Law on the International Sale of Goods are excluded.
4. If the customer is a merchant and not a tradesman as designated in Sec. 4 of the Commercial Code, the District Court of Kirchheim/Teck has sole jurisdiction for all legal disputes resulting from or in conjunction with this agreement, unless there is an applicable exclusive statutory place of jurisdiction. Regardless of this, GH BAUBESCHLÄGE remains entitled to bring complaints or initiate other court proceedings at the customer's general place of jurisdiction.
73235 Weilheim /Teck, 18/10/2006
GH BAUBESCHLÄGE GmbH
Phone: +49 7023 743323-0
Fax*: +49 7023 74332329
Managing Director and authorized representative Dirk Weiss
Registry court: District court of Kirchheim / Teck
Registry number: HRB 722555
VAT ID number according to Sec. 27 a VAT Act: DE 811 307662
Liability notice: Despite careful controlling, we accept no liability for the contents of external links. Only the page operators are responsible for the contents of linked pages.