A. General provisions - both for legal transactions with consumers and for commercial customers
B . Special provisions exclusively for legal transactions with consumers
C. Special provisions exclusively for legal transactions with commercial customers
1. The following General Terms and Conditions ("GTC") apply to all contracts, deliveries and other services of the company Landefeld Druckluft und Hydraulik GmbH, Konrad-Zuse-Straße, 34123 Kassel, Germany and its affiliated companies pursuant to §§ 15 ff AktG (hereinafter individually or collectively "Seller", "us" or "we") regarding legal transactions with consumers within the meaning of § 13 of the German Civil Code (BGB - Verbraucher) as well as regarding legal transactions with merchants within the meaning of the German Commercial Code (HGB) and entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) or governmental or private entities (collectively "commercial customers") in any form, in each case in particular also via the Seller's online shop.
2. Both consumers and commercial customers are hereinafter uniformly referred to as "Customers" or "you" or "your".
3. The terms and conditions in this Part A. and Part D. apply equally to both consumers and commercial customers. In addition, (i) the terms and conditions set out in Part B. apply exclusively to consumers and (ii) the terms and conditions set out in Part C. apply exclusively to commercial customers.
4. The GTC shall apply in particular to contracts for the sale and/or delivery of movable goods and/or the provision of services (together "Goods"), irrespective of whether the Seller manufactures the Goods itself or purchases them from suppliers (§§ 433, 650 BGB). Unless otherwise agreed, the GTC in the most recent version valid at the time of placing the Customer's order - or at least in any case in the version last communicated to the Customer in text form - shall also apply as a framework agreement between the Seller and the Customer for similar future contracts without the Seller having to refer to them again in each individual case.
5. Deviating terms and conditions of the Customer shall not apply unless the Seller has confirmed this in writing. This confirmation requirement shall apply in any case, for example even if the Customer refers to its general terms and conditions in the context of an order and the Seller does not expressly object to this. Individual agreements between the Seller and the Customer shall always take precedence.
1. The Seller's products and Goods are generally only intended for industrial and commercial use by the Customer, unless expressly agreed otherwise.
2. Information provided by the Seller regarding the Goods or the subject matter of the delivery or service (e.g. weights, dimensions, utility values, load capacity, tolerances and technical data) as well as representations of the same (e.g. drawings and illustrations) are only approximate, unless the usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics (garantierte Beschaffenheitsmerkmale), but only descriptions or labelling of the Goods or delivery or service. Customary deviations and deviations that occur due to legal regulations or represent technical improvements, as well as the replacement of components with equivalent parts, are permitted, provided they do not impair the usability for the contractually intended purpose.
Insofar as the Seller provides consultancy services, this is done to the best of its knowledge. Details and information about the suitability and application of the Goods do not release the Customer from the obligation to carry out his own tests and trials.
1. The Seller reserves the right of ownership or copyright to all offers and cost estimates submitted by it as well as technical documentation, drawings, illustrations, calculations, brochures, catalogues, models, tools, other product descriptions and other documents - in each case also in electronic form - and aids made available to the Customer. If these are the property of third parties or also contain copyrights of third parties, the above shall apply accordingly in favour of the respective third party.
2. The Customer may not make these items accessible to third parties, disclose them, use them himself or through third parties or reproduce them without the express consent of the Seller.
1. All deliveries of Goods and the provision of work and services by the Seller to the Customer (collectively referred to as "Seller Services" for this A. § 5) shall be subject to the proviso that these Seller Services are not prohibited under national or international export control regulations, in particular embargoes or other sanctions (collectively referred to as "Export Control Regulations"). The Customer is also obliged to comply with the applicable provisions of national and international (re-)export control law when passing on Seller Services to third parties in Germany and abroad. In particular, the Customer may not directly or indirectly sell, export or re-export any Seller Services to sanctioned countries. If and insofar as Seller Services are to be provided or delivered outside the Federal Republic of Germany at the request of the Customer (collectively "Export Services"), the Customer undertakes to provide the Seller with all information and documents required for export and shipment. If the Seller has not expressly agreed to the export, Export Services shall be unauthorised and shall entitle the Seller to claim for damages against the Customer. Seller Services that were ordered for export may not be delivered to a domestic customer neither in an unaltered or altered condition, nor to a foreign customer other than the country of destination specified in the order.
2. Delays due to export inspections or authorisation procedures shall cause any agreed deadlines and delivery dates to be cancelled. If the necessary authorisations are not granted or if the Export Service cannot be approved, the respective (purchase) contract shall be deemed not concluded with regard to the parts concerned.
3. The Seller shall be entitled to terminate a contract for Export Services without notice if such termination is necessary for the Seller to comply with Export Control Regulations. In the event of such a cancellation - for which the Seller is not responsible - the Customer shall be excluded from claiming damages or other rights based on the cancellation.
4. Furthermore, the Customer shall not sell, export or re-export any Seller Services - falling within the scope of Council Regulation (EU) No 833/2014 - directly or indirectly through third parties to legal persons, organisations or entities in the Russian Federation or Belarus or for use in the Russian Federation or Belarus. The Customer shall furthermore use its best endeavours to ensure that the purpose of this paragraph 4 is not frustrated by third parties in the further chain of trade, including potential resellers. The Customer shall immediately inform the Seller of any problems in the application of this paragraph 4, including any relevant activities of third parties that could affect the purpose of this paragraph 4. Upon request, the Customer shall promptly provide the Seller with information on compliance with the obligations under this paragraph 4, sentence 1.
5. In the event of a breach of paragraph 1 and/or paragraph 4, sentence 1 by the customer, the following also applies: a breach of paragraph 1 or paragraph 4, sentence 1 constitutes a material breach of the respective (purchase) contract and the seller is entitled to assert its statutory claims based on a material breach of contract and to take appropriate measures. In addition, paragraphs 2 and 3 shall apply accordingly in this case.
1. The business relations between the Seller and the Customer are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The application of UN Convention (CISG) is excluded.
2. The contract language is German.
3. The place of jurisdiction is Kassel if the Customer is a commercial customer. The same shall apply if a Customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.
1. The Seller offers Customers new and used Goods for sale.
2. When purchasing via the online shop or a portal, a purchase contract is only concluded when the Seller accepts the Customer's order. Price labelling in the online shop or a portal does not constitute an offer in the legal sense. The Customer's order constitutes an offer to the Seller to conclude a purchase contract. When the Customer places an order in the online shop or portal, he receives an e-mail that merely confirms receipt of his order and lists its details only (order entry confirmation).
3. The Customer also has the option of contacting the Seller by telephone, e-mail or letter to enquire about a specific item. Upon receipt of such an enquiry, the Seller shall submit a corresponding non-binding offer to the Customer by e-mail, letter or telephone. The customer then has the opportunity to place a binding order. Following that, the Customer receives a message that merely confirms receipt of his order and lists its details (order entry confirmation).
4. The order entry confirmation of the Seller according to paragraph 3 and/or paragraph 4 does not constitute acceptance of the Customer's offer in a legal sense, but only informs the Customer that an order with a certain content has been received. A purchase contract between the Seller and the Customer is only concluded when the ordered product is dispatched to the Customer and the dispatch to the Customer is confirmed with an e-mail (dispatch confirmation).
5. The text of the contract can no longer be viewed after the order has been placed. The Customer is therefore requested to save the text of the contract.
1. For orders placed via the online shop or a portal, the prices stated there shall apply. All prices include the statutory value added tax.
2. The prices do not include shipping and packaging costs, which will be communicated to the Customer before the order is placed.
3. Deliveries to Customers by the Seller are made - at the Customer's request - using the following payment methods: advance payment (by bank transfer), on account, cash on delivery, by credit card or other payment service providers. If the Customer chooses to pay in advance by bank transfer, payment must be made no later than 14 calendar days after the order or order entry confirmation. In the case of delivery on account, payment is due no later than 8 calendar days after invoicing. If payment is made by cash on delivery, the purchase price plus shipping costs and cash on delivery charges shall be due upon delivery and presentation of the cash on delivery note by the transport company commissioned.
4. In the case of contracts concluded via the online shop or a portal, the following provisions shall apply with priority: Payment shall be made in accordance with the conditions contained in the order or order entry confirmation. The prices displayed in the online shop or portal also refer to the respective packaging units/roll lengths. For cut edges/cuts of rolls, cutting and opening costs will be charged, which the Seller will inform the Customer of separately.
5. If a Customer defaults on its payment obligations, the Seller may demand claim for damages in accordance with the statutory provisions and/or withdraw from the contract.
6. The Seller always issues an invoice to the Customer, which will be handed over to the Customer after delivery of the Goods or otherwise received in text form.
1. Unless otherwise contractually agreed, the ordered Goods will be delivered to the address specified by the Customer. Delivery shall be made from a warehouse of the Seller.
2. Information provided by the Seller regarding delivery dates or delivery periods are non-binding, unless the delivery date has been bindingly promised by the Seller in exceptional cases. This also applies to delivery times displayed in the online shop or portal, stated on order or order (entry) confirmations, or announced in delivery date information. Unless expressly agreed otherwise, the Seller generally dispatches Goods in stock within 2 working days of dispatch of the order or order entry confirmation (in the case of advance payment by bank transfer: within 2 working days of receipt of payment). If, in the case of a sale via the online shop or a portal, the Goods are labelled as not in stock, the Seller endeavours to deliver the Goods as quickly as possible
3. Four weeks after exceeding a non-binding delivery date or a non-binding delivery period, the Customer may request the Seller in writing to deliver within a reasonable period of time. If the Seller culpably fails to meet a delivery date or delivery period expressly agreed as binding or if the Seller is in default for any other reason, the Customer must inform and set the Seller a reasonable period of grace to effect the Seller's performance. If the Seller fails to perform its obligation within this grace period, the Customer shall be entitled to withdraw from the respective purchase contract
4. The Seller reserves the right to make a partial delivery if this appears to be advantageous for speedy processing and the partial delivery is reasonable for the Customer. Any additional costs arising from partial deliveries shall be charged to the Customer. The Customer can exclude partial deliveries by selecting the order option "Only send complete order".
5. The Seller further reserves the right to release itself from the obligation to fulfil the contract if the Goods are to be delivered by a supplier on the day of delivery and the delivery is not made in whole or in part. This reservation of self-delivery shall only apply if the Seller is not responsible for the non-delivery. The Seller shall not be responsible for the non-delivery if a so-called congruent hedging transaction was concluded with the supplier in good time to fulfil the contractual obligations. If the Goods are not delivered, the Seller shall inform the Customer of this immediately and refund any purchase price already paid as well as shipping costs.
6. The risk of accidental loss and accidental deterioration of the Goods shall pass to the Customer upon handover.
The delivered Goods (reserved goods - Vorbehaltsware) remain the property of the Seller until all claims arising from the contract have been fulfilled.
1. The Customer shall be only entitled to offset if and to the extent the Customer’s counterclaims have been accepted by the Seller or have been legally established by court.
2. The Customer is entitled to claim rights to retain to the extent that his counterclaim is based on the same contractual relationship.
1. Insofar as the delivered Goods do not meet (a) subjective requirements, i.e. do not have the quality agreed between the Customer and the Seller or are not suitable for the use assumed under the contract or are not handed over with the agreed accessories or the instructions expressly promised by the Seller, (b) objective requirements, i.e. is not suitable for normal use or does not have a quality that is customary for items of the same type or that the Customer can expect, taking into account the type of item and/or the public statements made by the Seller or on its behalf, in particular in advertising or on the label, or does not correspond to the quality of a sample or specimen provided by the Seller to the Customer prior to the conclusion of the contract, or is not delivered with the accessories, including packaging, which the Customer can expect to receive, or (c) corresponds to assembly requirements (if assembly is to be carried out), the Seller shall be obliged to provide subsequent fulfilment (Nacherfüllung).
2. Illustrations or drawings contained in brochures, advertisements and other offer documents are only approximate unless the information contained therein has been expressly designated as binding by the Seller; in this respect, deviations in the delivered Goods do not constitute a defect in the objective requirements of the Goods within the meaning of the preceding paragraph 1. The same shall apply if the Seller has expressly and separately agreed with the Customer a deviation from the objective requirements of the Goods.
3. The Seller shall not be obliged to provide subsequent fulfilment if the seller is entitled to refuse subsequent fulfilment on the basis of statutory regulations.
4. Subsequent fulfilment shall be effected at Customer's discretion either by remedying the defect (subsequent improvement - Nachbesserung) or by delivering new goods (subsequent delivery - Nachlieferung). The Customer shall be obliged to make the Goods available to the Seller for the purpose of subsequent fulfilment. Furthermore, the Customer shall be obliged to grant the Seller a reasonable period of time for subsequent fulfilment. The Customer is not entitled to reduce the purchase price (mindern) or withdraw from the contract (zurücktreten) during the subsequent fulfilment. If the Seller has unsuccessfully attempted to rectify the defect by subsequent improvement twice, this shall be deemed to have the subsequent fulfillment failed. If the subsequent fulfilment has failed, the Customer is entitled, at his discretion, to reduce the purchase price appropriately or to withdraw from the respective contract.
5. Defects must be notified by the Customer to the Seller in text form within a warranty period of two years for new items or one year for used items. The aforementioned shortening of the limitation period shall not apply to defects in a building or an item that has been used for a building in accordance with its normal use and has caused its defectiveness.
6. The Customer may only assert claims for damages due to a defect if the subsequent fulfilment has finally failed. Damage caused by improper actions on the part of the Customer shall not justify a warranty claim against the Seller. The Customer can find information on proper handling in the manufacturer's descriptions
7. The above shortening of the limitation period according to paragraph 5 as well as the above limitations of liability according to paragraph 6 shall not apply if the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the Goods. The above limitations of liability shall also not apply to claims for damages by the Customer which are based on compensation for bodily injury or damage to health due to a defect for which the Seller is responsible or which are based on intentional or grossly negligent fault on the part of the Seller or its vicarious agents. The provisions in B § 7 remain expressly unaffected.
1. Apart from liability for material defects and defects of title, the Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. If the damage is based on the simple negligent breach of a material contractual obligation, i.e. the simple negligent breach of an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer as buyer may regularly rely, the seller's liability shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. The same applies if the customer is entitled to claims for damages instead of performance. The vendor shall not be liable for the slightly negligent breach of obligations other than the above. The statutory rules on the burden of proof shall apply.
2. The limitations of liability in the above paragraph 1 shall not apply in the event of injury to life, body or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
3. Insofar as liability is limited or excluded above, this shall also apply to the personal liability of Sellers’ employees, workers, staff, representatives and vicarious agents.
1. If Goods are delivered with obvious damage to the packaging or contents, the Customer shall be obliged - without prejudice to his warranty rights (B. § 6) - to immediately document and complain about this to the carrier/freight service and immediately contact the Seller in writing (text form is sufficient) so that the Seller can protect any rights against the carrier/freight service.
2. The Goods shall be transported uninsured and in any event at the risk of the Customer. This shall also apply in cases of any delivery free of charge and regardless of which means of transport shall be used. The Goods are only insured against transport damage and breakage at the Customer's request. If the Customer requests such insurance, the Seller shall pass on the costs incurred to the Customer. B.§ 3 shall also apply
1. The Customer is aware and agrees that the personal data required to process the order will be stored by the Seller on data carriers. The Customer expressly consents to the collection, processing and utilisation of its personal data. The stored personal data will be treated confidential by the Seller. The collection, processing and use of the Customer's personal data is carried out in compliance with the Federal Data Protection Act (BDSG), the General Data Protection Regulation (GDPR) and the Telemedia Act (TMG).
2. The Customer has the right to revoke its consent at any time with effect for the future. In this case, Seller shall be obliged to delete the Customer's personal data immediately. In case of ongoing order processes, the deletion shall then take place after the order process has been completed.
1. Right to revoke: You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last Goods. To exercise the right to revoke, you must inform us (Landefeld Druckluft und Hydraulik GmbH, Konrad-Zuse-Straße 1, 34123 Kassel, e-mail: verkauf@landefeld.de, fax number +49 561 95885-20) of your decision to revoke this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the sample revocatino form linked in our General Terms and Conditions (GTC) at www.landefeld.de, but this is not mandatory. To meet the revocation period, it is sufficient for you to send your notification of exercising your right of revocation before the revocation period has expired.
2. Consequences of revocation: If you revoke this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to revoke this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the Goods back or until you have supplied evidence of having sent back the Goods, whichever is the earliest. You must return or hand over the Goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the Goods before the period of fourteen days has expired. You shall bear the direct costs of returning the Goods. You only have to pay for any loss in value of the Goods if this loss in value is due to handling of the Goods that is not necessary for checking their condition, properties and functionality.
3. Exclusion of the right of revocation: The right of revocation does not apply to contracts a) for the delivery of Goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, b) for the delivery of Goods which can spoil quickly or whose expiry date would be quickly exceeded, c) for the delivery of sealed Goods, (c) for the supply of sealed Goods which are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery, (d) for the supply of Goods which, due to their nature, have been inseparably mixed with other goods after delivery, (e) for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
1. The Seller's offers shall be indicative and subject to change and non-binding. This shall also apply if the Seller has provided the Customer with catalogues, technical documentation (e.g. drawings, plans, calculations, costings, references to DIN standards), other product descriptions or documents - including in electronic form.
2. The Customer has the option to enquire about a specific item of the Seller via telephone, e-mail, letter or electronic data interchange ("EDI"), if this has been agreed with the Customer. Upon receipt of such an enquiry, the Seller shall submit a corresponding non-binding offer to the Customer by e-mail, EDI, letter or telephone. The Customer then has the option of placing a binding order. The Customer then receives a confirmation by e-mail, EDI or letter, which confirms receipt of his order and lists its details ("order confirmation").
3. When purchasing via the online shop or a portal or via EDI, the Customer places a binding order via the designated ordering system by selecting the type and quantity of Goods and services specified therein. The order constitutes an offer to the Seller to conclude a purchase contract. Representations and price labelling in the online shop or portal do not constitute an offer in the legal sense. If the Customer places an order in the online shop or portal or via EDI, Customer will receive an e-mail or a letter or a message via EDI confirming receipt of its order and listing its details (order confirmation).
4. The purchase contract between the Customer and the Seller is concluded by the order or order confirmation within the meaning of paragraph 2 or paragraph 3.
5. The text of the contract can no longer be viewed after the order has been placed. The Customer is therefore requested to save the text of the contract.
1. Unless otherwise agreed, the Seller's prices are ex works, plus statutory VAT. The prices expressly do not include shipping and packaging costs, customs duties, other ancillary costs or charges of any kind. These costs as well as consignment note stamps, siding charges and cartage shall be borne by the Customer.
2. In the event of an increase in labour, material or raw material costs, manufacturing or transport costs, etc., the Seller shall be entitled to charge the prices valid on the day of delivery due to the aforementioned cost increase. This shall not apply if the agreed deliveries and services are to be provided within 4 months of conclusion of the contract.
3. Deliveries to Customers by the Seller are made - at the Customer's request - using the following payment methods: advance payment (by bank transfer), on account, cash on delivery, by credit card or other payment service providers. If the Customer chooses to pay in advance by bank transfer, payment must be made no later than 14 calendar days after the order or order entry confirmation. In the case of delivery on account, payment is due no later than 8 calendar days after invoicing. If payment is made by cash on delivery, the purchase price plus shipping costs and cash on delivery charges shall be due upon delivery and presentation of the cash on delivery note by the transport company commissioned.
4. In the case of contracts concluded via the online shop, EDI or a portal, the following provisions shall apply with priority: Payment shall be made in accordance with the conditions contained in the order or order confirmation. The prices displayed in the online shop or portal also refer to the respective packaging units/roll lengths. For cut edges/cuts of rolls, cutting and opening costs will be charged, which the Seller will inform the Customer of separately.
5. The Seller shall always issue an invoice to the Customer, which shall be handed over to the Customer after delivery of the Goods or otherwise received in text form.
6. If a Customer defaults on his payment obligations, the Seller may demand claim for damages in accordance with the statutory provisions and/or withdraw from the contract. In any case, the Customer shall pay default interest in the amount of 9 percentage points above the respective base interest rate. Furthermore, the Seller reserves the right to prove and assert a higher interest loss by submitting a bank certificate. Furthermore, for each reminder issued by the Seller, a lump-sum compensation of EUR 5.00 shall be payable, unless the Customer can prove that the damage was lower.
7. If a significant deterioration in the Customer's financial situation occurs after conclusion of the contract, the Seller may demand advance payments or securities for all deliveries still to be made under contracts from the same legal relationship (§ 273 BGB). If the Customer does not comply with this request, the Seller may withdraw from the said contracts and, after setting a deadline of 14 days, demand compensation for damages due to breach of duty in the amount of 10% of the non-executed order amount without any special proof, unless the Customer can prove that the damage is lower. In the event of default in payment, the default interest agreed in paragraph 6 above shall become due.
8. The Seller shall only accept bills of exchange or cheques on the basis of a special agreement and always only on account of payment. Discount and bill charges shall be borne by the Customer and are due immediately.
The Customer shall not be entitled to a right of retention. However, the rights pursuant to § 320 BGB shall remain unaffected as long as and to the extent that the Seller has not fulfilled its obligations to make a new delivery or rectify a defect.
1. The type of packaging is at the discretion of the Seller. Packaging is charged at cost price.
2. Packaging material will only be taken back if this has been explicitly agreed. Else return is excluded insofar as the Seller has engaged a suitable disposal company for the disposal in terms of the Packaging Ordinance in its relevant valid version. In this case the Customer is obliged to keep the packaging material and to hand it over to the disposal company. If it has been agreed that the Customer renounces his right of return in return for a flat rate disposal compensation, then the Customer is obliged to hand over the packaging to an acknowledged disposal company, which guarantees proper disposal according to the Packaging Ordinance.
3. Reusable packaging is only made available on a loan basis by Seller. Return of the packaging unit must be communicated to the Seller in writing by the customer within 14 days and the packaging must be provided. Failing this, the Seller is entitled to demand 20 % of the acquisition price for every week after the 3rd week (however, not exceeding the full acquisition price) after a reminder, as a loan fee, or to invoice the value of the packaging immediately, which becomes due for payment immediately after receipt.
4. Packaging material which is owned by third parties is supplied in the name of and on behalf of these owners. It should be noted that the suppliers of packaging material can charge rental fees if the packaging material is not returned in time, which will be for the account of the customer, provided that the Customer is responsible.
1. Delivery shall be ex warehouse, which is also the place of fulfilment for the delivery and any subsequent fulfilment. In principle, the Customer must therefore collect the finished Goods, unless otherwise expressly agreed (obligation to collect - Holschuld). If this is not done within a reasonable period of time or if the Customer wishes the Goods to be dispatched in accordance with its order the Seller shall be entitled to dispatch the Goods at customer's expense. The Goods shall be deemed to have been delivered upon leaving Seller's premises (sale by dispatch).
2. Insofar as acceptance has been agreed, the statutory provisions of the law on contracts for work and services shall apply accordingly to this agreed acceptance. If the Customer is in default of acceptance, this shall be deemed equivalent to handover or acceptance. Acceptance of the Goods shall be deemed to have taken place upon collection or in case of dispatch the time of dispatch.
3. If the Customer is in default of acceptance, fails to co-operate or if the delivery is delayed for other reasons for which the Customer is responsible, the Seller shall be entitled to claim for damages including additional expenses (e.g. storage costs). Seller shall be entitled to charge a lump-sum compensation in the amount of EUR 5.00 per calendar day beginning with the delivery deadline or - in the absence of a delivery deadline - with the notification that the Goods are ready for dispatch. The proof of higher damages and the statutory claims (in particular reimbursement of additional expenses, reasonable compensation, cancellation) of the Seller remain unaffected; however, the lump sum is to be offset against further monetary claims. The Customer shall be entitled to prove that the Seller has suffered no loss at all or only a significantly lower loss than the above lump sum.
1. The risk of accidental loss and accidental deterioration of the Goods shall pass to the Customer at the latest upon handover to the Customer. In case of sale by dispatch, however, the risk of accidental loss and accidental deterioration of the Goods as well as the risk of delay shall already pass to the Customer upon delivery of the Goods to the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment. If acceptance has been agreed, this shall be decisive for the transfer of risk.
2. Unless specifically instructed, the means of transport and the transport route are left to the jurisdiction of the Seller with exclusion of any liability. C. § 11 applies apart from that. Ready-for-dispatch Goods must be collected immediately, else the Seller is entitled to store the Goods at the Customer's risk and expense and to consider them as delivered ex works.
3. If the Customer provides the means of transport, Customer shall be responsible for its timely provision. Any delays must be notified to the Seller in good time. Any resulting costs shall be borne by the Customer.
4. The Seller shall be entitled to make partial deliveries unless this is unreasonable for the Customer. Partial deliveries do not entitle the Customer to withhold payment for the delivered Goods. Any additional costs arising from partial deliveries shall be charged to the Customer.
1. If Goods are delivered with obvious damage to the packaging or contents, the Customer shall be obliged - without prejudice to his warranty rights (C. § 10) - to immediately document and complain about this to the carrier/freight service and immediately contact the Seller in writing (text form is sufficient) so that the Seller can protect any rights against the carrier/freight service.
2. The Goods shall be transported uninsured and in any event at the risk of the Customer. This shall also apply in cases of any delivery free of charge and regardless of which means of transport shall be used. The Goods are only insured against transport damage and breakage at the Customer's request. If the Customer requests such insurance, the Seller shall pass on the costs incurred to the Customer. C.§ 6 shall also apply
1. Our delivery obligation towards you is always subject to timely and proper delivery by our own suppliers.
2. Delivery dates or deadlines that have not been expressly agreed as binding are exclusively a non-binding information. This also applies to delivery times displayed in the online shop or portal, stated on order or order confirmations, or announced in delivery date information. The delivery time stated by the Seller shall not commence until all details of the transaction and technical questions have been clarified and both parties have agreed on all conditions of the transaction. The Customer must also fulfil all obligations incumbent upon him properly and timely.
3. If the Seller is unable to meet agreed binding delivery deadlines for reasons for which the Seller is not responsible (e.g. non-availability of the service or Goods) the Seller shall inform the Customer immediately, also of the expected new delivery deadline. If the service or Good is also not available within the new delivery period, the Seller shall be entitled to withdraw from the contract in whole or in part; the Seller shall immediately reimburse any consideration already paid by the Customer. Non-availability of the service or Goods exists, for example, in the event of late delivery by a supplier of the Seller, if the Seller has concluded a congruent hedging transaction, in the event of other disruptions in the supply chain, for example due to force majeure or if the Seller is not obliged to procure in individual cases.
4. The occurrence of a delay in delivery by the Seller shall be determined in accordance with the statutory provisions. In any case, however, a reminder from the Customer is required. If the Seller is in default of delivery, the Customer may demand exclusively lump-sum compensation for the damage caused by the delay. The lump-sum compensation shall amount to 0.5% of the net price (delivery value) for each completed calendar week of delay but shall not exceed a total of 5% of the delivery value of the Goods delivered late. The Seller shall be entitled to prove that the Customer has not suffered any damage at all or only significantly less damage than the above lump sum. Any further liability for a delay in delivery for which the Seller is responsible is explicitly excluded.
5. Any inability to supply as a result of force majeure or other unforeseen incidents outside the responsibility of Seller including, without limitation, subsequent cease of export or import opportunities and Sellers’ reservation of timely supply from its own supplies in accordance with paragraph 1 above, shall release the Seller from the obligation to comply with any agreed delivery or unloading times for the duration and scope of their effects. They shall entitle Seller to withdraw from the contract without the Customer being entitled to claim for compensation or other claims. The following shall also be deemed as force majeure: official intervention, shortage of energy and raw materials, transport bottlenecks through no fault of the Seller, operational hindrances through no fault of the Seller, for example due to fire, water and damage to machinery and all other hindrances which, from an objective point of view, were not culpably caused by the Seller.
1. Until full payment of all present and future claims of the Seller arising from the purchase contract and the current business relationship (secured claims), the Seller shall retain title to the Goods sold (Goods subject to retention of title – reserved Goods). The Seller shall be entitled to demand the return of its reserved Goods for good cause, in particular in the event of default of payment after a reminder, against crediting of the realisation proceeds, without this being deemed a withdrawal from the contract. In this case, the Customer is obliged to surrender the Goods. In the event of seizure of delivered Goods by third parties, the Customer is obliged to inform the respective third party about Seller's ownership and to inform the Seller immediately, handing over all documents necessary for the objection.
2. Goods subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. The Customer must inform the Seller immediately in writing if an application is made to open insolvency proceedings or if third parties have access to the Goods belonging to the Seller (e.g. seizures).
3. If the Goods subject to retention of title are processed by the Customer into a new movable item, the further processing shall be carried out for the Seller without the Seller being obligated as a result; the new item shall become its property. In the event of processing together with goods not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the Goods subject to retention of title to the other goods at the time of processing. If the Goods subject to retention of title are combined, mixed or blended with goods not belonging to the Seller in accordance with §§ 947, 948 BGB, the Seller shall become co-owner in accordance with the statutory provisions. If the Customer acquires sole ownership by combining, mixing or blending, Customer hereby assigns co-ownership to the Seller in the ratio of the value of the Goods subject to retention of title to the other goods at the time of combining, mixing or blending. In such cases the Customer shall store the Goods in which it holds ownership or co-ownership, which are also deemed to be Goods subject to retention of title within the meaning of the above conditions, free of charge.
4. If Goods subject to retention of title are sold alone or together with goods not belonging to the Seller, the Customer hereby assigns and transfers to the Seller, i.e. at the time of conclusion of the contract, the claims arising from the resale in the amount of the value of the Goods subject to retention of title with all ancillary rights and priority over the rest; the Seller accepts the assignment and transfer. The value of the Goods subject to retention of title shall be the invoice amount of the Seller, which, however, shall not be taken into account if it is opposed by the rights of third parties. If the resold Goods subject to retention of title are co-owned by the Seller, the assignment and transfer of the claims shall extend to the amount corresponding to the Seller's share in the co-ownership.
5. If the Seller's Goods subject to retention of title are installed as an essential component in the property, ship, ship under construction or aircraft of a third party, the Customer hereby assigns and transfers to the Seller the assignable claims for remuneration arising against the third party or the party concerned in the amount of the value of the Goods subject to retention of title with all ancillary rights, including such rights to the granting of a security mortgage, with priority over the rest; the Seller accepts the assignment and transfer. Paragraph 4, sentences 2 and 3 shall apply accordingly.
6. The Customer shall only be entitled and authorised to resell, use or install the Goods subject to retention of title in the ordinary course of business and only on condition that the claims within the meaning of paragraphs 4 and 5 are actually transferred to the Seller. The Customer shall only be authorised to assign claims by way of genuine factoring on condition that Seller is notified of this, stating the factoring bank and the Customer's accounts held there, and that the factoring proceeds exceed the value of our secured claim. When the factoring proceeds are credited, the Seller's claim shall become due immediately.
7. The Customer authorises the Seller, subject to revocation, to collect the claims assigned in accordance with paragraphs 4 to 6. The Seller shall not make use of its own authorisation to collect as long as the Customer meets its payment obligations, including to third parties. At the Seller's request, the Customer shall name the debtors of the assigned claims and notify them of the assignment; the Seller is authorised to notify the debtors of the assignment itself.
8. The right to resell, use or install the Goods subject to retention of title or the authorisation to collect the assigned claims shall expire upon suspension of payment and/or application for the opening of insolvency proceedings against the Customer's assets; the direct debit authorisation shall also expire in the event of a cheque or bill protest. This does not apply to the rights of the insolvency administrator.
9. If the value of the securities granted exceeds the claims (possibly reduced by down payments and instalments) by more than 20%, the Customer shall be obliged to retransfer or release them at his discretion. Ownership of the reserved goods and the assigned claims shall be transferred to the customer upon settlement of all claims of the seller arising from the business relationship.
1. The Seller shall only be liable for defects as follows: The Seller shall not be liable for defects which the Customer is aware of or is grossly negligent in not being aware of at the time of conclusion of the contract (§ 442 BGB). Furthermore, the Customer's claims for defects presuppose that he has complied with its statutory inspection and notification obligations (§§ 377, 381 HGB). The Customer must also immediately inspect the Goods received for quantity and quality. Obvious defects must be reported in writing within 14 days. In the case of building materials and other Goods intended for installation or other further processing, an inspection must always be carried out immediately before processing. If a defect is discovered during delivery, inspection or at any later time, the Seller must be notified immediately in writing. Defects recognisable on delivery as well as deviations in quantity and weight must also be reported to the transport company and the recording of the defects must be arranged and certified by the latter.
2. If the Customer fails to carry out the proper inspection and/or report defects (text form is sufficient), the Seller's liability for the defect not reported or not reported on time or not reported properly is excluded in accordance with the statutory provisions. This shall also apply in case delivered Goods intended for fitting, mounting or installation and if the defect only became apparent after the corresponding processing as a result of the breach of one of these obligations; in this case, in particular, the Customer shall have no claims for reimbursement of corresponding costs (installation and removal costs).
3. If the Customer identify or discovers defects in the Goods, Customer may not dispose of them, i.e. they may not be divided, resold or further processed until an agreement has been reached on the handling of the complaint. The Customer is obliged to provide the Seller with the rejected Goods or samples thereof for the purpose of examining the complaint.
4. Claims for defects shall not exist (a) in case of only insignificant deviation from the agreed quality, (b) in case of only insignificant impairment of usability, (c) in case of natural wear and tear and (d) in case of damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating materials, defective construction work, unsuitable building ground or due to special external influences which are not provided for in the contract. If improper repair work or modifications are carried out by the Customer or third parties, no claims for defects shall exist for these and the resulting consequences. The warranty shall also lapse if the Customer modifies the Goods or has them modified by third parties without Seller's consent and this makes it impossible or unreasonably difficult to remedy the defect. In any case, the Customer shall bear the additional costs of remedying the defect resulting from the modification
5. In the event of justified complaints by the Customer, the Seller shall be entitled to determine the type of subsequent fulfilment (replacement delivery, rectification) taking into account the nature of the defect and the legitimate interests of the Customer. If the subsequent fulfilment fails finally, is not possible or is unreasonable for the Customer, the Customer may reduce the purchase price or withdraw from the contract. In case of Goods with digital elements or other digital content, the Seller is only obliged to provide and - if necessary - update the digital content if this is expressly stated in a quality agreement. In this respect, the Seller assumes no liability for public statements made by the manufacturer or other third parties.
6. Claims of the Customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded if the expenses increase because the delivered Goods have subsequently been moved to a location other than the original place of delivery unless the relocation corresponds to their intended use.
7. The Customer shall only have a right of recourse against the Seller to the extent that the Customer has not made any agreements with his customer that go beyond the legally mandatory claims for defects. Paragraph 6 shall also apply accordingly to the scope of Customer's right of recourse against the supplier.
8. In accordance with the statutory provisions the Seller shall be obliged to take back the new Goods or to reduce the purchase price, even without the otherwise required setting of a deadline, if the Customer's client or contract partner is a consumer of the new movable item sold (purchase of consumer goods) and the Customer's client or contract partner was able to demand the return of the Goods or the reduction of the purchase price from the Customer due to the defect of these goods or if the Customer is faced by such a resulting right of recourse. Only in this case, the Seller is also obliged to reimburse the Customer's expenses, in particular transport, travel, labour and material costs, which the Customer had to bear in relation to the end consumer in the context of subsequent performance due to a defect in the Goods existing at the time of transfer of risk. The claim is excluded if the Customer has not properly fulfilled its obligations to inspect and give notice of defects in accordance with § 377 HGB.
9. The obligation under paragraph 8 is excluded if the defect is based on advertising statements or other contractual agreements which do not originate from the Seller, or if the Customer has given a special guarantee to a consumer customer itself. The obligation is also excluded if the Customer itself was not obliged to fulfil warranty claims for material defects towards consumer customer on the basis of the statutory regulations or if Customer did not give notice of a claim made against the Customer. This shall also apply if the Customer has assumed warranties vis-à-vis the consumer customer that go beyond the statutory regulations. Paragraph 7 shall also apply accordingly to the scope of the Customer's right of recourse.
10. In the event of defects in components from other manufacturers which the Seller cannot remedy for reasons of licence law or factual reasons, the Seller shall - at its discretion - assert its warranty claims against the manufacturers and suppliers for the account of the Customer or assign them to the Customer. Warranty claims against the Seller for such defects shall only exist in accordance with these GTC if the judicial enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or is futile, e.g. due to insolvency.
11. Notices of defects and the acknowledgement of defects must be made in writing.
12. Claims for material defects shall lapse after 12 months. This shall not apply if the law prescribes longer periods in accordance with §§ 438 Para. 1 No. 2 (buildings and items for buildings), § 479 Para. 1 (right of recourse) and § 634a Para. 1 No. 2 (building defects), § 202 Para. 1 BGB (liability for intent).
13. C. § 11 shall also apply to claims for damages by the Customer.
1. Apart from liability for material defects and defects of title, the Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. If the damage is based on a simple negligent breach of a material contractual obligation, i.e. the simple negligent breach of an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the Customer as buyer may regularly rely, the Seller's liability shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. The same applies if the Customer is entitled to claim for damages instead of performance. The Seller shall not be liable for the slightly negligent breach of obligations other than the above obligations.
2. Any further liability is excluded irrespective of the legal nature of the asserted claim; this also applies in particular to tortious claims or claims for reimbursement of futile expenses instead of performance, as well as for all consequential damages, such as loss of production, recall costs and loss of profit; this does not affect liability in accordance with C. § 8 paragraphs 2 to 5.
3. Insofar as liability is limited or excluded above, this shall also apply to the personal liability of the Seller's employees, workers, staff, representatives and vicarious agents
4. The Customer's claims for damages shall lapse one year after delivery of the Goods.
5. The above limitations and exclusions of liability shall not apply (a) in the case of damages resulting from injury to life, body or health, which are based on a negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller, (b) insofar as the Seller has fraudulently concealed a defect, (c) insofar as the Seller has assumed a guarantee for the quality of the goods, (d) for Customer claims under the Product Liability Act.
1. The Seller shall be entitled to withdraw from the contract by means of a written declaration (text form is sufficient) if the Customer has provided incorrect information about its (legal) person, its commercial status or its creditworthiness, or if Customer ceases payments, or if insolvency proceedings are applied for or opened against Customers assets. If the Seller exercises its contractual or statutory right of cancellation or to withdraw, it shall be entitled, in addition to claiming for damages, to charge the Customer a lump sum of 25% of the order value for its expenses, any reduction in value that has occurred in the meantime, compensation for the transfer of use, and compensation for all damage caused by the non-contractual use of the Goods; in case of custom-made products, it may charge the full price.
2. If the Seller is entitled to claim for damages from the Customer due to a breach of duty or cancellation of the purchase contract, a lump-sum compensation of at least 25% of the order amount is agreed, unless expressly agreed otherwise in these terms and conditions.
3. Notwithstanding the aforementioned lump-sums, the Seller reserves the right to calculate and to claim for specific damages. The Customer reserves the right to provide evidence of lower damages.
1. The Customer is aware and agrees that the personal data required to process the order will be stored by the Seller on data carriers. The data required for processing the contract shall be stored in the Seller's IT system for fast and error-free processing The Customer expressly consents to the collection, processing and utilisation of its personal data. The collection, processing and use of the Customer's personal data is carried out in compliance with the Federal Data Protection Act (BDSG), the General Data Protection Regulation (GDPR) and the Telemedia Act (TMG).
2. The Seller exchanges data with other credit service providers, such as Schufa, for the purpose of credit checks and creditworthiness monitoring.
3. The Seller shall be explicitly entitled to provide other companies with the Customer's data in an authorised manner for the purpose of sending information material and also to use these data for its own advertising purposes. If the Customer does not agree to this, Customer shall send an informal notification (e.g. a letter sent by post, e-mail or fax) to the Seller: Landefeld Druckluft und Hydraulik GmbH, Konrad-Zuse-Straße 1, 34123 Kassel, Germany, e-mail: verkauf@landefeld.de, fax number +49 561 95885-20
4. The Seller shall not utilise or pass on Customer data beyond the scope regulated in paragraphs 1 to 3.
The possible invalidity of one of the above provisions shall not affect the validity of all other provisions. An invalid provision shall be replaced by such a provision as is consistent with the meaning of the other provisions.
Cash on delivery
Invoice