For all our deliveries and services mentioned the following terms and conditions apply. Deviations are only effective if confirmed by the Seller in writing.
All deliveries are made at the expense and risk of the recipient. The prices are ex-works plus packaging and shipping. All prices are subject to change. Prices, valid on the day of delivery apply. The seller is entitled to make partial services and deliveries.
Unless otherwise agreed in writing, our invoices are payable without delay net and before delivery.
Invoices for repairs and single items are payable immediately net and without discount. Cash discount shall be granted only if no other claims, exceeding the amount, exist.
The payment shall only be deemed to have occurred if the seller can dispose of the amount. The delivery items remain, until all payment claims by the seller to the buyer are met, the seller’s property (extended retention of title). The goods and claims superseding your order may not be transferred or assigned as security receivables to third parties before full payment. If the buyer defaults on payment, the seller has the right to charge interest at the rate of 5 percentage points above the base rate beginning from the relevant due date (in accordance with german law, BGB §288 para. 2. Only undisputed or legally established claims entitle the purchaser to offset or retention.
The purchaser shall not be entitled to sell are hand over the goods without the written consent of the Seller to third parties for commercial resale.
The 2-year warranty period begins with the date of shipment from the our workshop, unless indicated otherwise on the enclosed product warranty card or certificate. Obvious defects must be reported to the seller immediately, but no later than within 10 days of receipt of the goods supplied. Defects do not release the buyer from his obligation to pay on time.
If a punctual legitimate defects note is given, the seller is allowed to decide whether to substitute or repair. Normal wear and care omissions are excluded from the warranty. For the delivery and payment, and all legal relationships between the seller and buyer, only the law of the Federal Republic of Germany is applicable. The place of performance and jurisdiction is Tübingen.
Terms and conditions (AGB) for non-commercial transactions
General conditions of sale
§ 1 Offer and Conclusion
The order signed by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or by delivering the ordered goods within this period.
§ 2 Submitted Documents
For all documents provided in connection with the award of the contract, such as calculations, drawings, etc., we reserve the right of ownership and copyright. These documents may not be provided to third parties unless we give the customer our express written consent. If we do not accept the offer within the time limit of § 1, these documents must be returned to us immediately.
§ 3 Prices and Payment
(1) Payment of the purchase price shall be made solely to the account mentioned in our ordering information. Cash discount is only permitted with special written agreement.
(2) Default Interest for excess of payment shall be in the amount of 5% per annum above the base rate (see Appendix 1). The assertion of higher damages is reserved. In the event of a higher damage caused by delay, the customer has the opportunity to prove that the alleged default damage is not incurred in or at least of significantly lesser extent.
§ 4 Offsetting and retention
The customer has the right to set-off only if his counterclaims have been legally established or are undisputed. To exercise a lien, the customer is only insofar authorized as his counterclaim is based on the same contractual relationship.
§ 5 Delivery time
(1) The beginning of our quoted delivery time requires the timely and proper fulfillment of the obligations of the purchaser. The defense of breach of contract is reserved.
(2) If the buyer is in default of acceptance or violates other obligations to cooperate, we are entitled to demand compensation for damages incurred by us as a result, including any additional expenses. Further claims are reserved. The Buyer shall be in turn entitled to prove that damage in the amount requested has not ocurred or is considerably lower. The risk of accidental loss or accidental deterioration of the goods passes to the buyer at the time, in which he is in acceptance or payment.
§ 6 Retention of title
(1) We shall retain title to the delivered goods until full payment of all claims under the supply contract.
(2) The customer is obliged, as long as the property has not yet been transferred to him to treat the goods with care. In particular, he is obliged he agrees in particular to insure them adequately at his own cost at the original value against damage by fire, water and theft (note: only permitted in selling quality goods). If maintenance and inspection works are carried out, the Purchaser shall execute them at his own expense. As long as the ownership has not been transferred, the purchaser must notify us immediately in writing if the delivered goods are seized or other interference by third parties to us. If the third party is unable to reimburse us for the judicial and extrajudicial costs of action under § 771 ZPO, the customer is liable for the loss incurred.
(3) Any processing or transformation of the goods by the customer is always in our name and on our behalf. In this case, the expectant right of the purchaser continues to the goods to the altered item. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in proportion to the objective value of our goods to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing is done in such a way that the customer’s object is regarded as the main thing is hereby agreed that the customer transfers proportional co-ownership and hold the sole ownership or co-ownership for us. To secure our claims against the Customer, the Customer also assigns such claims to us on it by the combination of the reserved goods grown with a plot from a third party; we accept this assignment now.
§ 7 Warranty and defects
(1) A Customer’s warranty claims require that the Customer has properly fulfilled the legal obligation to inspect and to notify of defects. The Customer must report obvious defects in writing without delay, but no later than within two weeks of receipt of the Goods; the Customer shall otherwise be barred from exercising such warranty rights. Timely return shall suffice to meet the deadline. The Customer shall document defects by means of digital or print photos and shall deliver them in writing to Langner Cabinet Makers via e-mail, fax or letter.
(2) If the Customer is an Entrepreneur, Andreas Rogge, Pipemaker shall first have the option to remedy defects by repairing or replacing the Goods.
(3) If the Customer is a Consumer, then in the case of a defect, the Customer shall first have the choice as to whether the remedy shall take place by means of repair or replacement. Langner Cabinet Makers shall, however, be entitled to reject the chosen remedy if it can be implemented only at unreasonable cost.
(4) Andreas Rogge, Pipemaker shall be granted multiple attempts to remedy the defect. If the remedy fails, the Customer can, in principle and at his discretion, de- mand a lowering (reduction) of the purchase price or cancellation of the contract (withdrawal). In the case of minor breaches of contract, in particular merely minor defects, the Customer shall have no right of withdrawal.
(5) If, after failure to remedy, the Customer opts for withdrawal from the contract because of legal or material defects, the Customer shall not be entitled to claim any additional damages for defects. If, after failure to remedy, the Customer opts for damages, the Goods shall remain with the Customer if the Customer deems this reasonable. Damages shall be limited to the difference between the purchase price and the value of the defective Goods. This shall not apply if Andreas Rogge, Pipemaker have maliciously caused the breach of contract.
(6) For Consumers, the statute of limitations for exercising warranty claims on
the delivery of new Goods shall be two years from the delivery of the Goods.
For Entrepreneurs, the statute of limitations shall be one year from delivery of the Goods. This shall not apply if the Customer has not notified the Seller of the defect(s) in a timely manner (para. 1).
§ 8 Other
(1) The laws of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for International Sale of Goods shall not apply.
(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive court of venue for any disputes arising from this contract shall be the registered office of Langner Cabinet Makers. The same shall apply if the Customer has no general court of venue in Germany, or the Customer’s domicile or habitual residence are not known at the time of bringing an action.
(3) Should any provision of the contract with the Customer be or become invalid in whole or in part, including these General Terms and Conditions, the validity of the remaining provisions shall not be affected. Any wholly or partially invalid pro- vision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision. The same applies in the case of contractual gaps.
Last Updates: 02/2015