Terms and Conditions

1. Conditions apply to the delivery of goods in accordance with the agreement between us and the customer contract. These apply to all future business relationships.
2. Conditions apply exclusively. Conflicting terms and conditions, particularly conditions of purchase, are only valid if they are confirmed by us in writing.

 

1. The customer's order constitutes a binding offer, which we can accept it within 4 weeks by sending an order confirmation or delivery of goods. Previously delivered by our estimates are subject to change.
2. Documents pertaining to the quotation documents - pictures, drawings, calculations, weights, etc. - included, unless expressly described as binding directly, only approximate, but not authentic guaranteed properties. In addition, we point out that technical variations may occur to the performance, especially with regard to differences in color and the frame height and the size of the modules.
3. All title and copyrights in and offer all the client provided documents remain with the contractor. Supply and documents may be passed without the approval of the Contractor to third parties, be disclosed or reproduced.

 

1. The prices quoted are exclusive of applicable at the date the invoice VAT.
2. The total payment is due within 14 days of receipt of the goods and without discount, unless otherwise agreed.
3. If the client through a reminder of the contractor or by sending an invoice or similar demand for payment and the expiry of a period of 30 days of receipt of the invoice or similar demand for payment, so no later than 33 days after the invoice date for payment in default, the contractor is entitled to interest on late payments legally entitled to require the height. The client comes with the expiry of 30 days after receipt of an invoice or similar demand for payment without any warning to the contractor in default.
4. Off rights to the customer only if its counterclaims are legally established, undisputed or acknowledged by us.

 

1. Delivery dates or deadlines that may be agreed as binding or not binding, shall be in writing.
2. Delivery and service delays due to force majeure or due to events that do not impede delivery temporarily or impossible - this includes in particular strikes, lockouts, official orders, etc., even if you happen to our suppliers or their sub-contractors -- we are not responsible even if binding dates and deadlines. They entitle us to postpone delivery or performance, and the duration of the impediment plus a reasonable time necessary to push out or withdraw because of the unfulfilled portion of the contract in whole or in part.
3. Exceeding the agreed delivery dates are not represented by us even if the delay on an improper delivery by suppliers, and conducted by us, we can prove that we have taken with the care of a prudent businessman for the timely and proper delivery care.
4. If the disability lasts longer than three months, the buyer is entitled to a reasonable grace period to withdraw from the unfulfilled portion of the contract. Extended to the delivery time or we are released from our obligation, the buyer can not derive any claims for damages. In those circumstances, we can only appeal if we notify the buyer immediately.
5. Unless we, the non-binding agreed deadlines and dates represented to have or we are in default, the buyer shall be entitled to compensation for delay amounting to half a percent for each full week of delay, but no more than five percent of the invoice value of the delayed deliveries and services affected. Additional claims are excluded, unless the delay is due to at least gross negligence.
6. We have to part deliveries and part services right at any time, unless the partial delivery or partial performance is of interest to the buyer.
7. Compliance with the delivery and performance obligations requires the timely and proper fulfillment of the obligations of the buyer.
8. If the buyer is in default of acceptance we are entitled to demand compensation for the damage we incur. With entry of default of acceptance, the risk of accidental deterioration or accidental destruction of the buyer.
9. Unless the order confirmation states otherwise, is to deliver "ex works" is agreed.

 

1. The deadline for the assertion of claims for defects is one year after delivery of the products. The limitation period in case of delivery default pursuant to § § 478, 479 BGB remains unaffected. This does not apply if we are dealing with claims for damages for defects. Claims for damages due to a defect applies § 6th.
2. Operating or maintenance instructions the Seller fails to comply with changes made to the products, replacement of parts or supplies used, which do not meet the original specifications, claims account for errors in the products, if the buyer an appropriate substantiated claim that only one of these circumstances the shortage has caused, not refuted.
3. In case of a defect, we reserve the choice to the type of performance.
4. A liability for normal wear and tear is excluded.
5. Claims for defects against the seller are only the immediate purchaser and are not transferable.
6. We accept no guarantees in the legal sense. Where in offers of guarantees is mentioned, it is only to manufacturers' warranties to be settled only with the respective manufacturers.

 

1. Our liability for breach of obligations and tort is limited to intent and gross negligence.
2. This disclaimer applies to negligent breaches of duty by our vicarious agents, employees, workers, employees, representatives and agents.
3. Be prepared for the operation of the plant aggressive media (water, air, etc.) used and will there be damage to the plant, the Contractor shall not be liable if the client has failed to inform the contractor when placing the order then in writing.

 

1. Until all claims (including all claims from balances in current accounts, which the seller from any legal ground against the buyer now or in future, be granted to the Seller the following assets, which he will release on demand, at its option, unless it involves claims permanently by more than 20%.
2. The goods remain the property of the seller. Processing or transformation is always for the seller as a manufacturer, but without any obligation for him. Blow out the (co-) ownership of the seller through connection, it is agreed now that the (passing co-) ownership of the buyer in the integrated or pro rata (invoice value) to the seller. The buyer keeps the (unpaid co-) ownership of the seller. Goods for which the seller (co-) ownership is hereinafter referred to as conditional goods.
3. The buyer is entitled to process the conditional goods in the ordinary course of business and dispose of property, as long as he is not in default. Pledges or security is illegal. From resale or from other legal reason (insurance, tort) relating to the goods under reservation requirements (including all claims from balances in current accounts), the buyer is already in its entirety as security to the seller. The Seller irrevocably authorizes him to collect the claims ceded to the seller's account in his name. This authorization can be revoked only if the buyer does not properly meet his payment obligations.
4. If third parties on the subject goods, in particular seizures, the buyer will refer to the ownership of the seller and inform him immediately so that the seller can enforce his property rights. If the third party is not in a position to reimburse the Seller incurred in this context, judicial or court costs, shall be liable for the buyer.
5. In breach of contract by the buyer - in particular payment - the seller is entitled to rescind the contract and demand the conditional goods out.

 

1. Our demands for payment, notwithstanding lapse of § 195 BGB in five years.
2. For starting the statute of limitations is § 199 BGB.

 

Legal declarations and ads, which a customer has to make to us or a third party, in writing form.

 

1. Performance and jurisdiction is the main seat of  Rah Kraft GmbH.
2. This contract is the law of the Federal Republic of Germany. The UN purchasing law is excluded.

 

If any provision of these terms and conditions are ineffective or become invalid, then the validity of all other provisions or agreements become ineffective. To undertake this case, the parties now agree on a replacement scheme, which is closest to the economic intention.