General Terms and Conditions of FORMAT Safes
1 General – Scope
All deliveries, services and offers to our customers are subject to these Terms and Conditions . Stating otherwise Terms and Conditions of our customers are hereby rejected. They also will not be recognized if we contradict them again after their receipt. Deviations from these Terms and Conditions shall be borne by us only effective if confirmed in writing.
The terms and conditions apply to all current and future business .
Within these conditions are natural persons , will enter into a business relationship with those without such a commercial or independent professional activity will be included kann.Unternehmer the purposes of these Terms and Conditions are natural or legal persons or unincorporated entities enter into a business relationship with those is acting in a commercial or professional capacity. Customers within the meaning of these terms and conditions are consumers as an entrepreneur.
Differing, conflicting or additional terms and conditions, even with knowledge, not part of the contract unless their validity is expressly agreed in writing.
All agreements , quotations, deliveries and other legal transactions are subject to our terms and conditions. They are considered by the order or acceptance of delivery as recognized and will not be revoked by any commercial break , tacit agreement or acquiescence . From our terms and conditions and price list different customer requirements , and collateral agreements only after obtaining express written confirmation from us liability, even if they have already been discussed with our staff.
All our offers are subject to change. Different terms and conditions are binding, even if we do not explicitly contradict them. They are regarded as non-existent. Creditworthiness of the buyer is required in order acceptance by us. Arising after the adoption of the order doubts as to the creditworthiness of the buyer , the information a credit reporting agency shall be deemed sufficient proof , we have the right to demand immediate payment or rescind the contract . The presentation of the information can not be requested by the purchaser .
7. All prices etc. listed in our Our price lists, quotations are € uro prices and subject to change. Valid on the day of delivery will be charged ( plus VAT ) .
8. indicated on our order confirmation delivery time is not always guaranteed. You will be maintained wherever possible . Force majeure or other , which we are not circumstances . that is, Stoppages or disruptions , delays or the inability of our suppliers , release us from any contractual obligation. We are entitled in such cases , the obligation to supply all or in part, or to extend the delivery time . Claims for compensation of delayed or failed delivery are excluded.
§ 2 Conclusion
1. Our offers are subject to change. Technical changes and changes in shape, color and / or weight are reserved within reason .
2. If the consumer orders the goods electronically , we will confirm the receipt of the order immediately . The receipt does not constitute binding acceptance of the order. The confirmation can be combined with the acceptance .
3. If the consumer orders the goods electronically, the contract text of us will be stored and sent to the customer on request together with these Terms and Conditions by email.
§ 3 Retention of title
1. In contracts with consumers, we retain title to the goods until full payment of the purchase price. For contracts with companies we reserve title to the goods until full settlement of all claims from an ongoing business relationship. (§ 455 BGB)
2. The buyer is obligated to third party access to the goods, as in the case of a seizure, and any damage to or destruction of the goods mitzuteilen.Einen change of ownership of goods as well as change of residence must notify us immediately by the customer.
3. We are entitled to breach of contract by the customer, especially in case of default or breach of a duty under Paragraph 2 of this provision of the contract and to reclaim the goods .
4. The contractor shall be entitled to resell the goods in the ordinary course of business. He assigns to us all claims in the amount of the bill , which accrue to him through the resale to a third party. We accept the assignment. After the assignment, the contractor is authorized to collect the debt . We reserve the right to collect the claims if the contractor fails to meet its payment obligations and falls into arrears .
5. Are covered by our retention of title are seized by the purchaser of third party, the purchaser will immediately notified of any attachment to advise the distraining third party of our retention of title. All reasonable costs resulting from the seizure by the buyer . The same applies mutatis mutandis in any other infringement of our rights. As long as the retention of title , the purchaser shall not be entitled to pledge the goods delivered to them for security , rent or otherwise other § 4 revocation and return in distance contracts
1. The consumer has the right to withdraw his agreement to the conclusion of the contract will within two weeks after receipt of the goods .The revocation has no justification and must be declared in writing or by returning the goods to the seller ; to meet the deadline, timely dispatch .
2. The consumer has to pay compensation for a determination by the proper use of the product deterioration . The consumer may the goods carefully prüfen.Den depreciation, which leads by more than the mere examination of usage that the goods can no longer be ” new” anymore , the consumer has to pay .
§ 5 Passing
1. The risk is even freight deliveries with leaving the plant over to the buyer . When the Purchaser to be represented delays the risk is transferred to the statement of readiness for shipment.
2. Minor variations in measurements and workmanship are permitted. In printed matter and plastic articles as: are custom made specifically made in quantity of up to 10% on prints and up to 5 % plastic articles are also permitted ; Excess and supplies are included in the calculation .
3. The choice of shipment at our Errnessen . Cost of postage or freight or possible packing are charged in truck transport according to cost price.
4. Return shipping of material takes place not in principle . Exceptions are possible only in special circumstances with prior arrangement.
§ 6 Transport Execution
1. Transportation inside and outside of buildings, over steps and lawns, steep slopes , gravel and other travel or inviabilities be carried out against payment and only to the extent technically feasible. The desired application site is cleared and easily kept accessible . In particular, all external stairs and access routes must be kept free of leaves , snow and ice. An incremental cleanup will be charged separately .
2. Can the delivery item to technical reasons or due to non-compliance with the above conditions are not made it to the desired point of use , does not release what the Treaty . Therefore, if a new Driving necessary, these will be charged separately .
3. Binding commitments on transports to the point of use can be made only after a fee-based site visit , having previously agreed verbally are not binding statements of the seller.
4. If transports levels is not possible or more staff than the usual two Spedituere or transport by crane is required , the cost will be charged separately. The fees are based on the detection time , this is the time proof – report as the basis you have to sign for the delivery. Here is the perfect and flawless delivery of the goods and the time of delivery is acknowledged.
§7 Warranty
1. If the buyer , we guarantee for defects in the goods at our option by repair or replacement.
2. If the buyer is a consumer, he has the choice whether the remedy or a replacement delivery is to take place . However, we are entitled to the type of post to be refused if it is possible only at disproportionate cost and the other type of performance without significant disadvantages for the consumer.
3. If the remedy fails , the customer may at his option price reduction ( reduction) or to cancel the contract ( withdrawal) verlangen.Bei a minor breach of contract , especially minor defects, the customer shall have no right of rescission , however .
4. Contractors must notify us of obvious defects within a period of two weeks from the receipt of the goods ; otherwise the assertion of the warranty claim is excluded. To comply with the deadline. The company bears the burden of proof for all claims, in particular for the defect itself, for the time of discovery of the defect and the timeliness of the complaint .Consumers must contact us within a period of two months from the date on which the contractual condition of the goods is established obvious defects in writing unterrichten.Maßgeblich for the preservation of the period of receipt of the notification is with us. If the consumer fails this notification, void the warranty rights two months after its adoption of the Mangels.Dies does not apply to malice of the seller. The burden of proof for the time of discovery of the defect , the consumer . The consumer was moved by inaccurate claims of the manufacturer to purchase the item , meets him for his purchase decision, the burden of proof.
5. For entrepreneurs, the warranty period is one year from date of delivery . For consumers, the limitation period is two years from date of delivery.This does not apply if the customer has the defect does not appear to us in time (paragraph 4 of this provision) .
6. If the buyer is considered nature of the goods in principle only the manufacturer’s product description as agreed. Public statements , recommendations or advertisements of the seller shall not constitute a contractual condition of the goods.
§ 8 Deviations
1. Colors : this is the standard RAL color chart as basis. Small differences we reserve for manufacturing reasons .
2. 4. Contractors must notify us of obvious defects within a period of two weeks from the receipt of the goods ; otherwise the assertion of the warranty claim is excluded. To comply with the deadline. The company bears the burden of proof for all claims, in particular for the defect itself, for the time of discovery of the defect and the timeliness of the complaint .
3. Consumers must contact us within a period of two months from the date on which the contractual condition of the goods is established obvious defects in writing unterrichten.Maßgeblich for the preservation of the period of receipt of the notification is with us. If the consumer fails this notification, void the warranty rights two months after its adoption of the Mangels.Dies does not apply to malice of the seller. The burden of proof for the time of discovery of the defect , the consumer . The consumer was moved by inaccurate claims of the manufacturer to purchase the item , meets him for his purchase decision, the burden of proof.
4. 5. 5. For entrepreneurs, the warranty period is one year from date of delivery . For consumers, the limitation period is two years from date of delivery.
6. This does not apply if the customer has the defect does not appear to us in time (paragraph 4 of this provision)
7. 8. 6. If the buyer is considered nature of the goods in principle only the manufacturer’s product description as agreed. Public statements , recommendations or advertisements of the seller shall not constitute a contractual condition of the goods.9.
10.§ 8 Deviations
12.1. Colors : this is the standard RAL color chart as basis. Small differences we reserve for manufacturing reasons .
§ 13 Liability for Defects
1.The customer can make no claim based on defective delivery or performance where the value or suitability of our goods and services is only insignificantly decreased .
2. Where the goods delivered are defective and this according to time and in writing by the purchaser. § 377 was objected to , we will , at our discretion REPLACE or repair (replacement ) . For this, we grant a reasonable period of at least eight days.
3. The purchaser may demand compensation for the expenses necessary for the remedy , if the expenses are not increased because the object of delivery has been subsequently transported to a location other than the original place of delivery , unless the transfer corresponds to its bestirimmungsgemäßen use.
4. If the remedy fails , the customer may reduce the payment or withdraw from the contract. Withdrawal is only permissible if the Purchaser prior express written threatens us with a reasonable time.
5. recourse by the Purchaser pursuant to § 478 BGB remain unaffected , they are with us but only to the extent that the Purchaser has taken with its customers exceeding the statutory warranty claims agreements.
6. In the case of transport damage the deadlines of transport insurer must be adhered to , otherwise no claims will be asserted. Damaged shipments the buyer shall not issue a “pure” but acknowledgment must immediately initiate a Tatbestandsaufnamhe over the damaged shipment. Identified damage must be reported in writing to us immediately and carrier.( For this purpose, an important note : I Through the use of crate when opening boxes and crates to avoid damage to the content )