These terms and conditions of sale and delivery are legally binding for all business relationships, sales and other legal transactions between us and our customers. Deviating agreements or additions, verbally, by telephone or agreements made by field staff are only binding if they are confirmed by us in writing. We are not bound by the buyer's purchasing conditions, even if we do not expressly object to them. Confirmed prices are only valid if the confirmed quantities are accepted. Sales prices are only considered to be fixed prices if we confirm them in writing. Otherwise, the prices and conditions valid on the day of delivery are taken into account. In addition to our prices, the days of delivery or service are subject to VAT. All prices are ex works and do not include packaging and freight costs. If delivery times are agreed that are longer than three months in advance and price increases occur during this time, Crassus GmbH & Co. KG is entitled to pass this price increase on to the customer / service recipient.
All of our written offers are non-binding and against an immediate decision, unless otherwise expressly agreed. Oral and written offers from our representatives require written confirmation from Crassus GmbH & Co. KG. All information such as dimensions, weight, illustrations, reference to standards, descriptions, assembly sketches and drawings in sample books, price lists and other printed matter are only approximate, but determined as best as possible and are not binding for us; they are no guarantees for a specific quality. Guarantee, assumption of guarantee or agreed quality must be expressly agreed. Verifiable errors regarding pricing and the like entitle us to correct them.
a) General: The loading point is the place of performance for our deliveries; the customer bears the risk on delivery; Delivery takes place at the agreed point; If the instructions are changed, the customer bears the additional costs. In the case of deliveries of products, freight costs are generally charged, unless otherwise agreed. b) Delivery dates and delivery deadlines: Since the sub-suppliers cannot be bound to certain delivery deadlines, delivery deadlines are only binding for us if we have expressly agreed to this in writing; in the event of a delay in delivery, we must be granted a reasonable grace period. Crassus GmbH & Co. KG will immediately inform the customer of any delays. Events of force majeure for which the seller is not responsible, including war or mobilization, operational disruptions - also in the production of the material or pre-delivery - regardless of whether due to a lack of raw material. Machine breakdowns, labor disputes, delayed or insufficient vehicle positions, traffic blocks or other causes entitle us to postpone the delivery or, in the event of impossibility, to cancel our delivery obligations in whole or in part. In the event of our delivery delay or the impossibility of performance for which we are responsible, claims for damages by the customer are excluded, unless they are based on our gross negligence or that of our legal representative or our vicarious agent. c) Right of withdrawal of the supplier: If an application is made to open insolvency proceedings with regard to the purchaser's assets or if events of any kind occur that call into question the security of payment for our service provided, we are released from our delivery obligation Buyer cannot make claims for compensation.
As negotiated with the individual buyer, our invoices are to be paid within the agreed terms of payment, within the agreed or specified period. Unless otherwise agreed, the payment term applies from the date of the invoice, strictly net. For the timeliness of the payment, it is not the deposit, but the day of the value date on our account that is decisive. As long as older invoices are due and unpaid, there is no entitlement to a discount. If a payment deadline is exceeded or if payments are suspended, all claims are due immediately. Discounts are based on compliance with the payment term, they are not granted and do not apply if payment is in arrears. In the event of late payment, we have the right to charge interest from the due date without special proof. From the start of default, the interest rate is 8% above the base rate of the European Central Bank. From the start of default, the interest rate for non-traders is 5% above the base rate of the European Central Bank. In the event of late payment, we are entitled, in spite of a contrary stipulation by the buyer, to offset payments initially against the costs and interest incurred and then against the buyer's oldest debts. The debtor bears collection expenses and collection commission. We reserve the right to agree special terms of payment for unknown customers. In the event of impending insolvency or a significant deterioration in the financial situation of the buyer (payments rejected by the bank or reminders of any level are sufficient evidence), we are entitled to make all existing claims due immediately - regardless of special agreements - and to carry out further deliveries only against prepayment . Previous payment executions also apply to partial payments. A set-off of the customer with counterclaims and a right of retention are excluded, unless this has been agreed in writing with the mutual consent of the contracting parties.
The delivered goods remain our property as reserved goods until the purchase price has been paid in full and all claims arising from the business relationship and (and) any new claims arising in connection with the object of purchase have been settled. In the event of default in payment by the buyer, we are entitled to take back the goods subject to retention of title after a reminder. The buyer is obliged to surrender the goods. The processing, processing, assembly or other utilization of goods delivered by us that are still our property are deemed to have been carried out on our behalf without any liabilities arising for us. If the goods supplied by us are mixed or combined with other items, the buyer assigns to us his ownership or co-ownership rights to the mixed stock or the new item and stores these for us free of charge with commercial care. The buyer may only sell the delivered goods in the ordinary course of business and may not agree to a ban on assignment with his buyer. He is also obliged to disclose our retention of title to his customers. The buyer must disclose or immediately notify us in writing of any impairment of our rights, in particular seizures. In the event of seizure, he must immediately send us an affidavit stating that our retention of title to the seized item still exists. Upon receipt of the goods, the buyer assigns to us all claims with all ancillary rights and securities up to the complete settlement of all our claims that arise from future sales of goods delivered by us against his customers, namely in the amount of the invoice amount for the goods delivered by us and Goods sold by the buyer plus 50%. If the value of the assignments and securities given to us exceeds our claims by more than 20%, we undertake to release corresponding securities at our discretion at the request of the buyer. At our request, the buyer is obliged to notify his customer of the assignment and to provide us with the information and documents required to assert our rights against the customer. We are also entitled to notify our buyer's customer of the assignment. This counts as a revocation of the following direct debit authorization.The buyer is authorized to collect the assigned claim for us, but only as long as he fulfills his contractual obligation to pay us. The authorization of the buyer to collect the claim can be revoked by us, the seller is then obliged to name the third party debtor. The buyer must keep the collected amounts separately and pay them to us immediately. In the event of default in payment, we can, without prejudice to other rights, demand the return of the reserved goods and use them elsewhere for the purpose of satisfying due claims against the buyer, in this case the buyer will grant us immediate access to the reserved goods and surrender them; the demand and the surrender do not constitute a withdrawal from the contract. If we withdraw from the contract due to default in payment, compensation in the amount of the invoice amount will be agreed. The buyer is free to provide evidence of lower damage. Intervention costs are borne by the buyer. In the case of drop shipments, our delivery works assign the right to surrender to the buyer in accordance with Section 931 of the German Civil Code after payment has been made. In the event of payment by us, the goods become our property and they only remain with the buyer as consignment goods. Processing, assembly or other utilization also count as a sale within the meaning of these general terms and conditions. The buyer loses the right to resell the goods if he does not comply with the payment terms.
Externally recognizable damage and shortages must be reported by telephone immediately upon receipt of the goods and described immediately in writing according to type and scope. Transport damage and shortages must be certified on the accompanying documents immediately upon arrival of the shipment. Buyers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) have all recognizable defects and buyers who are not merchants must report all obvious defects, shortages or incorrect deliveries in writing within five working days after delivery, in any case before processing and installation. Entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) have to prove that the item was defective when the risk passed. Defects that cannot be identified on an immediate examination must be reported immediately upon discovery and in a timely manner. Goods that are sold as inferior quality are not subject to notification of defects in this respect. In the event of a justified notification of defective goods within the meaning of Section 434 of the German Civil Code (BGB) in due time, we will, at our option, either remove the defect or deliver a defect-free item. If the supplementary performance fails, if it is not performed within a reasonable period of time, if it is refused or if it is unreasonable for us due to disproportionately high costs, the buyer can demand the cancellation of the contract or the reduction of the remuneration (reduction). A claim for damages according to § 437 No. 3 BGB remains unaffected; however, it is limited to the objectively foreseeable damage at the time of the breach of contract. The agreed quality within the meaning of Section 434 of the German Civil Code (BGB) must be expressly identified as such. A reference to DIN and other standards basically only contains a more detailed sales description and does not constitute an assurance of a specific quality. Defects that are not recognizable upon immediate inspection, including construction errors, must be reported immediately upon discovery and within the warranty period. We expressly point out that indirect damage, such as wages, other procurement of the goods at our expense, default penalties, lost profit, travel costs, consequential damage, etc. cannot be assumed by us. A lack of color matching in furnishings that belong together is not a material defect. The buyer's claims for material defects shall become statute-barred for the delivery of new items one year after delivery of the purchased item. This shortening of the limitation period does not apply to goods purchased by buyers who are not merchants. Claims for damages by our customers from positive breach of contract, negligence in contract negotiations and tort are excluded, unless they are based on intent or gross negligence on the part of us, our legal representative or our vicarious agent. Statutory warranty rights do not apply to parts and systems that are subject to particular wear and tear accepted. W. E.g. Solenoid valves, batteries, all moving components, cartridges and functional parts.
There is no obligation to exchange goods free of defects. Goods delivered by us will only be taken back in a flawless condition with our written consent if they are returned carriage paid, provided that they are in their original packaging. Goods taken back will be credited minus a 50% redemption fee, unless otherwise contractually agreed. A return of custom-made products or goods specially procured at the customer's request is excluded.
The compilation of the products on offer in our catalogs, price lists and other publications published for advertising purposes in pictures and descriptions, in particular their technical properties and in particular the dimensions, were made to the best of our knowledge. However, we cannot completely rule out errors in the content. Technical documents are therefore not legally binding with regard to a derivation of legal transactions with third parties (buyers). In any case, a review of the technical information and the dimensions should be carried out and, if in doubt, consultation should be held. We reserve the right to make all rights and changes. The general terms and conditions of Crassus GmbH & Co. KG apply.
If any of these conditions or parts of these conditions - for whatever reason - are ineffective, this shall not affect the effectiveness of the remaining conditions. Previous and customary agreements are hereby repealed.
The place of performance and the place of jurisdiction is the headquarters of Crassus GmbH & Co. KG.
