Terms of Trade

The following terms and conditions apply to all contracts between us and the respective customer.

In addition to the terms and conditions the „Gebräuche im inländischen Handel mit Rundholz, Schnittholz, Holzwerkstoffen und anderen Holzwerkstoffen“ (henceforth called „Tegernseer Gebräuche“) shall apply.

Scope

These terms and conditions apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 (1) BGB. We do not accept terms and conditions of the customer, contrary to or deviating from our terms and conditions set out henceforth.

These terms and conditions also apply to all future transactions with the customer, as far as it concerns legal transactions of a related nature.

Offer and conclusion of contract

We offer our goods generally on the basis of fixed price lists. We reserve the right to change them as needed at any time without prior notice. By ordering the desired goods, the customer makes a binding offer. Only with our acceptance is the contract closed.

Prices, payment, arrears

All our prices are stated without the statutory VAT at its current rate.

Payment of the purchase price must be made exclusively and free of charge into our account. If a partial payment has been agreed upon, the entire claim shall become due as soon as the customer is in arrears with an agreed partial payment of more than seven days.

Invoices are due before delivery. Other payment terms need written and binding confirmation.

If the customer is in default of payment, we reserve the right to charge dunning fees of 25.00 Euro per reminder; the purchaser is free to prove that no or less damage has occurred. Default interest is calculated at eight percentage points above the respective base interest rate. The assertion of a higher damage caused by default remains reserved.

We are entitled to deliver only against advance payment or security deposit. In the event that the purchaser does not provide the advance payment or the security within a reasonable grace period, we are entitled to withdraw from the contract.

Goods with customer-specific characteristics are only delivered against payment in advance upon order.

Price adjustment, cancellation

If delivery dates can not be met for reasons for which the customer is responsible, the customer must bear the additional costs that have arisen due to price changes for materials and wages. We are also entitled to charge additional costs for warehousing, financing, etc.

If, at fulfilment, the date being at least four months after the conclusion of the contract, the price has increased by a change in the market prices or by an increase in the fees charged by third parties involved in providing the service, the higher price shall apply. If this is 15% or more above the agreed price, the customer has the right to withdraw from the contract. This right must be asserted immediately after notification of the increased price.

In the event of cancellation of orders for goods with customer-specific characteristics, without the purchaser being entitled to a legal right to an absolution from the contract, we shall be entitled to reasonable compensation. This is at least 90% of the order value. The purchaser is free to prove that no or less damage has occurred.

Offsetting and retention rights

The purchaser is entitled to set-off only if his counterclaims are legally established or undisputed. The customer is only authorized to exercise a right of retention to the extent that a counterclaim is based on the same contractual relationship.

Delivery, availability of goods, transfer of risk

As a rule delivery ex works/ex warehouse is agreed upon. The place of fulfillment and transfer of risk is our place of business or a warehouse of the logistics company commissioned by us. The logistics company commissioned by us is clearly identifiable on these pages. A possible change of the commissioned company concerns all unfinished orders that were accepted before, at the same time or after the change. A right of withdrawal from the purchase contract is not derivable from such a change. By placing the order, the client waives such a right of withdrawal and hereby acknowledges such change; even if he was not notified of the change.

Place of payment is our place of business.

A delivery to the customer takes place upon the order of the customer. The delivery shall be on truck and costs shall be borne by the customer.

Fixed dates are only valid if they have been confirmed separately in writing as “fix” by us. Information on delivery times is based on the best of our knowledge, is to be regarded as general information and is not binding.

If delivery times have been specified by us and used as the basis for placing the order, such periods shall be extended in the event of strike or force majeure, for the duration of the delay. The same applies if the customer has not fulfilled any obligation to cooperate.

Retention of title

We reserve the ownership of the goods until the fulfillment of all claims against the customer, even if the specific goods have already been paid. The purchaser must notify us immediately of third-party foreclosure measures in the reserved goods, stating the documents required for intervention; this also applies to any other kind of impairment. Irrespective of this, the purchaser must already inform the third party in advance of the rights existing on the goods. The costs of an intervention of the user shall be borne by the customer, insofar as the third party is not in a position to reimburse them. In the event of resale of the goods subject to retention of title, the customer hereby assigns to us as security all the claims arising from the aforementioned transactions against his customer in order to fulfill all our claims. With a processing of the reserved goods, their transformation or their connection with another thing, we acquire direct ownership of the manufactured thing. It is considered reserved goods. If the value of the security of our claims against the purchaser exceeds by more than 20%, then we have to release at the request of the purchaser and according to our choice our due securities to a corresponding extent.

Liability for defects

Warranty rights of the purchaser presuppose that the purchaser has duly fulfilled his obligations to inspect and complain under § 377 HGB.

We reserve the right to choose the type of supplementary performance in the event of a defect.

Claims for defects expire twelve months after delivery of the goods to our customer. The period begins with the transfer of risk. This does not apply insofar as it concerns claims for damages due to defects; for claims for damages due to a defect, Section 9 applies.

We do not provide any warranties in the legal sense, unless expressly stated otherwise in writing.

Liability for property damage

Claims of the customer for damages are excluded. This does not apply to claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

In the event of a breach of essential contractual obligations, we shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.

The restrictions of paragraphs 1 and 2 also apply in favor of our legal representatives and vicarious agents.

The provisions of the Product Liability Act remain unaffected.

Miscellaneous, jurisdiction

German law is agreed upon under exclusion of the UN sales law.

The exclusive place of jurisdiction for all disputes arising from the respective contract is Karlsruhe.

Should individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions shall remain unaffected. The parties undertake to replace the ineffective provision with such legally permissible provision that comes closest to the economic purpose of the invalid provision or fills in this gap.