General Terms and Conditions
LINE Reinraumtechnik GmbH
AGB's
Status 01.10.2019
§ 1 General
1. the following terms and conditions apply to the entire current and future business relationship between LINE Reinraumtechnik GmbH (hereinafter referred to as LINE) and its customers, even if they are not expressly referred to. Deviating or supplementary general terms and conditions of the customer shall not become part of the contract.
2. "Customer" within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when ordering goods from LINE. All prices are subject to the statutory value added tax.
3. the goods shall be delivered exclusively in accordance with the designs, packaging units or minimum quantities specified in the respective current catalogs or brochures. If goods are not specified in the current catalog or brochure, the minimum quantity specified by the LINE suppliers shall be agreed as the purchase quantity or packaging unit. 4 Technical changes in the sense of technical progress are reserved. Changes in shape, color and weight are reserved within the bounds of what is reasonable.
§ 2 Conclusion of contract
1. the presentation of the product range in the respective current catalogs or brochures does not constitute a binding contractual offer. By sending an order to LINE (via the shopping cart system, by e-mail, fax or telephone), the Customer submits a binding offer. LINE reserves the right to decide whether to accept this offer. The minimum order value is EUR 25.
2. if information on the product range was incorrect or if minimum order quantities are to be observed, LINE shall submit a counter-offer to the Customer, which the Customer is free to decide whether to accept. If LINE does not accept an offer from the Customer, LINE shall inform the Customer accordingly.
3. the conclusion of the contract is subject to correct and timely self-delivery by LINE's suppliers; this reservation shall only apply in the event that LINE has concluded a congruent hedging transaction with the supplier and is not responsible for any incorrect or non-delivery. § Section 2 para. 4 sentence 2 shall apply accordingly.
4. if it turns out that ordered goods are not available, LINE reserves the right to withdraw from the contract. LINE shall immediately inform the Customer of the unavailability and immediately reimburse any payments already made by the Customer.
5. if an order exceeds customary quantities, LINE reserves the right to impose a corresponding restriction.
§ 3 Prices
1 The prices quoted are exclusive of VAT and are intended exclusively for the liberal professions, industry, trade and commerce.
2. unless expressly stated otherwise in catalogs or brochures, the prices refer to the items shown in each case according to the description, but not to contents, accessories or decoration.
3. the prices stated in the catalogs and brochures refer to the time of publication of the respective sales document; we reserve the right to change prices after this time. In the case of contracts already concluded, a change to the agreed price is excluded.
§ 4 Delivery and costs
1. unless otherwise agreed, the costs for packaging, insurance and shipping shall be borne by the customer. These costs shall be communicated to the customer with the decision on the acceptance of his offer in accordance with § 2 para. 1.
2. we reserve the right to make partial deliveries.
3. the risk of destruction, loss or deterioration of the goods as well as the price risk shall pass to the customer upon delivery of the goods to the person designated to carry out the shipment. The same applies to the risk of delayed delivery.
§ 5 Warranty
1 LINE shall provide a warranty for defects in the goods itself or through its suppliers, at its discretion, by repair or replacement. The replacement delivery can also be made by delivering goods with an equivalent service life ("replacement device").
2. if the repair or replacement delivery fails, the customer may, at his discretion, demand a reduction in payment or rescission of the contract.
3. the goods must be inspected immediately, i.e. no later than the following working day after receipt of the goods, to ensure that they are free of defects and complete. Any defects discovered must be reported to LINE immediately. If the Client fails to inspect the goods or report defects in good time, the delivered goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. Timely dispatch shall suffice to meet the deadline; the burden of proof shall lie with the Client.
4. defects discovered later must also be reported to LINE immediately; otherwise the goods shall also be deemed approved with regard to these defects. The notification of defects must be made in writing and describe the defect in detail. Otherwise, §§ 377 f. HGB apply accordingly. 5 Warranty claims and claims for damages shall become time-barred one year after delivery of the goods.
§ 6 Liability
1. subject to the following provisions, BMF shall not be liable - regardless of the legal grounds - for the slightly negligent breach of obligations by LINE, its legal representatives or vicarious agents. In the event of a slightly negligent breach of cardinal obligations, LINE's liability shall be limited to the amount of the typical foreseeable damage. LINE shall not be liable for breaches of duty caused by slight negligence, such as delay or impossibility, or for breaches of duty to protect caused by slight negligence.
2. the above exclusions and limitations of liability shall not apply in cases of strict liability, in particular under the Product Liability Act, in the event of bodily injury, damage to health or loss of life.
3. liability does not exist for damage to the delivered product or third party components which, in the context of hardware and software delivery, is due to non-compliance with the instructions or technical requirements or inadequate protective measures taken by the client against data loss.
§ 7 Transport damage
If the Customer detects damage to the packaging upon receipt of the delivery, he must have the damage confirmed in writing by the carrier upon acceptance of the goods. Transport damage that is only discovered after unpacking the goods must be reported to LINE in writing immediately upon receipt. § Section 5 (3) shall apply accordingly.
§ 8 Payment
1. subject to the provision in the following sentence, LINE shall deliver against advance transfer, invoice or cash on delivery at the Customer's request. LINE reserves the right to process the order against cash on delivery, partial prepayment or full prepayment. If necessary, the Customer shall be informed accordingly in advance.
2. invoices are due and payable without deduction within 10 days of invoicing.
3. if the Client is in default of payment, LINE shall be entitled to charge default interest in the amount of 8 percentage points above the respective base interest rate. LINE reserves the right to prove and claim higher damages caused by default. The Client is entitled to prove that LINE has suffered no or less damage as a result of the delay. In any case, LINE may demand the statutory interest rate.
4. the Client may only offset counterclaims that are legally established, undisputed or recognized by LINE. The Client may only assert a right of retention on the basis of counterclaims that are based on the same contractual relationship.
§ 9 Retention of title
1 LINE retains ownership of the delivered goods until all payments from the business relationship with the Customer have been received.
2. the Client is obliged to notify LINE immediately of any change of his place of business as long as claims for delivered goods are still outstanding.
§ 10 Data protection & advertising blocking
1. it is pointed out that customer data is stored separately as inventory data and as billing data within the framework of the applicable data protection regulations.
2. the customer is aware that he has the option of declaring his consent to advertising mailings in whole, in part or not at all with the respective order form. In addition, the customer has the option of objecting to this consent at any time by telephone, letter, fax or e-mail. In the event of an objection, the customer data will be blocked for the respective or all advertising media and the customer will no longer receive any advertising.
§ 11 Final provisions
1. the substantive law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the 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 place of jurisdiction for all disputes arising from this contract shall be Reutlingen. The same applies if the customer has no general place of jurisdiction in Germany.
3. should individual provisions of the contract between LINE and the Client, including these General Terms and Conditions, be or become invalid in whole or in part, or should there be a loophole, this shall not affect the validity of the remaining provisions.