TERMS AND CONDITIONS
FRANK LANDAU GMBH
60314 FRANKFURT AM MAIN
Phone: +49 (0)69 740 90 740
Fax: +49 (0)69 740 90 741
Managing Director: Frank Landau
VAT ID: DE 316710624
District Court Frankfurt
General conditions of sale for end users
§1 General - Scope of application
§2 Offer - Offer document
§3 Prices - Terms of payment
§4 Delivery time
§ 5 Liability for Defects
§6 Total liability
§7 Reservation of title
§8 Applicable law, place of performance
§9 Warranty / Right of Revocation
§10 Claims Due to transport damage
§1 GENERAL – SCOPE OF APPLICATION
(1) Our terms of sale apply exclusively; We do not accept any terms and conditions of the customer which deviate from our terms of sale, unless we have expressly agreed to their validity in writing. Our sales conditions also apply if we carry out the delivery to the purchaser unconditionally in the knowledge of conflicting terms of the customer which deviates from our sales conditions.
(2) All agreements made between us and the purchaser for the purpose of the execution of this contract are set down in writing in this contract.
§2 Offer – Offer Documents
(1) We retain ownership and copyrights in illustrations, drawings, calculations and other documents. This also applies to such written documents, which are referred to as „Confidential“. Prior to their transfer to third parties, the customer requires our express written consent.
§3 Prices – Terms of Payment
(1) Unless otherwise stated in the order confirmation, our prices shall be „ex-warehouse“, excluding packaging; This will be invoiced separately.
(3) The deduction of cash discount requires special written agreement.
(4) Unless otherwise stated in the order confirmation, the purchase price is payable net (without deduction) immediately from the date of the invoice. The statutory regulations apply as to the consequences of the delay in payment.
§4 Delivery Time
(1) The start of the delivery time specified by us shall require the clarification of all technical questions.
(2) Compliance with our delivery obligation also requires the timely and proper fulfillment of the customer‘s obligation. The exception of the unfulfilled contract remains reserved.
(3) If the purchaser is in default of acceptance or if he culpably infringes any other cooperation obligations, we are entitled to demand compensation for the damages incurred, including any extra charges. We reserve the right to make further claims.
(4) Insofar as the requirements of para. (3) are present, the risk of accidental loss or accidental deterioration of the purchased goods shall pass to the purchaser at the time at which the latter is in default of acceptance or default. During the delay in acceptance, we are only responsible for intent and gross negligence.
(5) We are liable according to the statutory provisions insofar as the underlying purchase contract is a fixed transaction within the meaning of § 286 (2) No. 4 BGB. We shall also be liable according to statutory provisions, provided that, as a result of a delay in delivery for which we are responsible, the purchaser is entitled to assert that his interest in the further fulfillment of the contract has been terminated.
(6) Furthermore, we shall be liable according to the statutory provisions if the delay in delivery is based on an intentional or grossly negligent breach of contract for which we are responsible; A fault of our representatives or vicarious agents is attributable to us. If the delivery contract is not based on an intentional breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.
(7) We shall also be liable according to statutory provisions insofar as the delay in delivery for which we are responsible is based on the culpable violation of a fundamental contractual obligation; In this case, the liability for damages shall be limited to the foreseeable, typically occurring damage.
(8) In the event of a delay in delivery, we shall be liable for a default of 5% of the delivery value for a week-end payment of a default of up to a maximum of 15% of the delivery value.
(9) Further legal claims and rights of the customer remain reserved.
§5 Liability for Defects
(1) Insofar as a defect of the purchase is present, the customer is entitled to the supplementary performance in the form of a defect removal or to supply a new defect-free thing. In the case of the rectification of defects, we are obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, path, work and material costs, insofar as these do not increase due to the fact that the purchased item was moved to a place other than the place of performance.
(2) If the supplementary performance fails, then the customer is entitled, at his discretion, to demand rescission or reduction.
(3) We are liable according to the statutory provisions, if the purchaser asserts damages claims based on intent or gross negligence, including intent or gross negligence of our representatives or vicarious agents. To the extent that no deliberate breach of contract is charged to us, the liability for damages shall be limited to the foreseeable, typically occurring damage.
(4) We are liable according to the statutory provisions, insofar as we culpably violate a fundamental contractual obligation; In this case, the liability for damages shall be limited to the foreseeable, typically occurring damage.
(5) Insofar as the customer is entitled to compensation for the damage instead of performance, our liability is also limited to the foreseeable, typically occurring damage within the scope of para. (2).
(6) Liability for culpable injury to life, body or health shall remain unaffected; This also applies to mandatory liability under the Product Liability Act.
(7) Unless otherwise stated above, liability is excluded.
(8) The period of limitation for claims for defects shall be 12 months from the date of the transfer of risk.
§6 Total Liability
(1) Any further liability for damages than in § 5 is excluded - without consideration for the legal nature of the claim asserted. This applies in particular to claims for damages arising from negligence in the case of contract conclusion, due to other breaches of duty or due to delictual claims for compensation for material damage pursuant to § 823 BGB.
(2) Insofar as the liability for damages is excluded or restricted, this shall also apply with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.
§7 Reservation of Titel
(1) We reserve the title to the purchased item until receipt of payment from this transaction. In case of breach of contract by the customer, in particular in the event of a delay in payment, we are entitled to take back the purchased item. The withdrawal of the purchase item by us does not constitute a withdrawal from the contract, unless we had expressly declared this in writing. In the attachment of the purchase object by us is always a withdrawal from the contract. After redemption of the goods, we are authorized to use them, the proceeds from the sale must be credited to the liabilities of the purchaser - less appropriate costs of realization.
(2) The purchaser is obliged to handle the purchased goods carefully; In particular, he is obliged to insure these at his own expense against fire, water and theft damage at his own expense. If maintenance and inspection work is required, the Purchaser must carry it out in time at his own expense.
(3) In case of seizures or other interventions by third parties, the purchaser must notify us without delay in writing so that we can bring an action pursuant to § 771 ZPO. If the third party is not able to reimburse us for judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.
§8 Applicable Law, Place of Performance
(1) The law of the Federal Republic of Germany shall apply; The validity of the UN purchase law is excluded.
(2) Unless otherwise stated in the confirmation of order, our place of performance shall be the place of performance.
§9 Warranty / Right of Revocation
(1) Right of revocation
You can revoke your contract declaration within one month without giving reasons in text form (eg letter, fax, e-mail) (or by returning the item). The period begins at the earliest upon receipt of this instruction. The timely dispatch of the revocation (or of the item) is sufficient to ensure the revocation period. The revocation must be addressed to Frank Landau GmbH, Dieselstrasse 30-40, 60314 Frankfurt am Main
In the case of an effective revocation, the services received at both ends must be returned and any benefits (eg interest) taken. If you are unable to return the received performance in full or in part or only in a deteriorated condition, you may have to provide us with a decree. This does not apply to the transfer of goods if the deterioration of the goods is exclusively due to their examination - as it would have been possible for you in the store business, for example. In addition, you can avoid the obligation to make a purchase by not using the goods as their property, and omit anything that might impair their value. Transportable items are to be sent back. You have to bear the costs of the return if the delivered goods corresponds to the ordered and if the price of the returned item does not exceed an amount of 40 euros or if you at a higher price of the thing at the time of the revocation not yet the consideration or a contract Agreed upon payment. Otherwise, the return is free for you. Obligations to reimburse payments must be fulfilled within 30 days after sending your revocation notice.
(3) Warranty limitation
If the contractual partner of Frank Landau GmbH is a consumer, the limitation period of the warranty claims is limited to one year. If the contractual partner of Frank Landau GmbH is an entrepreneur, warranty claims are excluded.
§10 Receivables Under Transports
All claims due to transport damage must be made in writing to Frank Landau GmbH within 5 working days after delivery of the goods, otherwise no claim for damages against Frank Landau GmbH may be levied. The confirmation of receipt of the goods by the recipient, without a written note concerning damages on the acknowledgment of receipt of the supplier, is regarded as evidence of the first appearance that the goods have been delivered in perfect condition. Frank Landau GmbH takes account of claims for transport damage, provided that the recipient Frank Landau GmbH provides the goods, the original dispatch material and the original packaging for inspection purposes. Frank Landau GmbH reserves the right to inspect damaged goods on the spot, as well as the right to take the damaged goods for inspection purposes. All original material, original packaging and merchandise must be made available to Frank Landau for inspection purposes and kept until the claim has been settled.