General Terms and Conditions

General Terms and Conditions

§ 1 Applicability of the Terms and Conditions

The Seller’s deliveries, services and offers shall be made exclusively on the basis of these General Terms and Conditions. Accordingly, these Terms and Conditions shall also apply to all future business relationships, even if they are not expressly agreed upon again.

§ 2 Conclusion of Contract

1. Offers contained in brochures, advertisements, etc. are subject to change and non-binding, including with regard to prices. The Seller shall remain bound by specifically prepared written offers for 30 calendar days.
2. The Customer shall be bound by their order for 10 days. If the Seller does not reject acceptance of the order within this period, the order shall be deemed accepted.
3. Any ancillary agreements, amendments and supplements shall only be valid if confirmed in writing by the Seller. The same shall apply to warranties regarding specific characteristics.
4. The descriptions and specifications established upon conclusion of the contract represent the state of the art at that time. The Seller expressly reserves the right to make design modifications to deliveries under this contract, provided that such modifications are not of a fundamental nature and do not significantly impair the contractually intended purpose.
5. The Seller can only provide general information regarding building permits, i.e. without assuming liability.

§ 3 Services

1. Freight costs shall be agreed separately.

Where delivery is made carriage paid to the construction site, adequate access to the construction site is required. Otherwise, any additional costs incurred for transporting the goods from the truck to the construction site shall be charged separately.

1. If more than six months elapse between the conclusion of the contract and the agreed and/or actual delivery date, the Seller’s prices applicable at the time of delivery or provision shall apply.

§ 4 Delivery Times

The Seller shall make every effort to comply with the stated delivery dates. The Buyer shall have the right to withdraw from the contract if the Seller fails to comply with a reasonable additional period set by the Buyer. The Buyer shall have no claim for damages due to non-performance unless the non-performance was caused intentionally or through gross negligence.

§ 5 Shipping and Transfer of Risk

1. Risk shall pass to the Buyer as soon as the shipment has been handed over to the persons carrying out the transport or has left the Seller’s premises for the purpose of shipment. If shipment is delayed at the Buyer’s request, risk shall pass to the Buyer upon notification that the goods are ready for shipment.
2. The Seller shall be entitled, but not obliged, to insure deliveries in the Customer’s name and at the Customer’s expense.

§ 6 Warranty and Liability

1. The Seller’s products are made of wood. Despite careful processing, characteristics and variations typical of this material often cannot be avoided. Minor variations shall therefore not constitute a defect. The Buyer is advised to treat the purchased product with an environmentally friendly wood preservative within four weeks.
2. If the delivered item is defective, lacks characteristics expressly warranted in writing, or becomes defective within the warranty period due to manufacturing or material defects, the Seller shall, at its discretion and to the exclusion of any other warranty claims by the Buyer—in particular any claims for consequential damages—either provide a replacement or remedy the defect, unless the damage was caused intentionally or through gross negligence.
3. The warranty period for a new building shall be five years from handover or acceptance and delivery of the keys. For all other new goods, the warranty period shall be two years from receipt. For used goods and repairs, the warranty period shall be one year.

No warranty shall apply to glass breakage after handover of the property.

1. Obvious defects must be reported to the Seller immediately in writing, but no later than one week after delivery. Defective delivered items must be kept available for inspection by the Seller in the condition in which they were found when the defect was discovered.
2. If rectification of the defect is unsuccessful, the Buyer may demand an appropriate reduction in the purchase price.

§ 7 Retention of Title

1. Until all claims that the Seller has or may in the future have against the Buyer, irrespective of their legal basis, have been satisfied, the Seller shall retain title to the delivered goods. The Buyer may not dispose of goods subject to retention of title.
2. In the event that third parties—in particular bailiffs or enforcement officers—seek access to the goods subject to retention of title, the Buyer shall inform them of the Seller’s ownership and shall notify the Seller immediately. Any costs and damages shall be borne by the Buyer.
3. If the delivered purchased items are permanently and inseparably attached to real property and ownership of the delivered goods thereby passes to the owner of the property, the Buyer hereby assigns to the Seller any claims against the property owner arising from such transfer of ownership.
4. In the event of conduct by the Buyer in breach of contract—in particular default in payment—the Seller shall be entitled to repossess the goods subject to retention of title at the Buyer’s expense. Neither repossession nor seizure of the goods subject to retention of title by the Seller shall constitute withdrawal from the contract, unless the German Instalment Purchase Act applies.

§ 8 Payment

1. Payment for the goods shall be made as follows: 55% as the first instalment upon placement of the order; 40% as the second instalment two weeks before the goods are ready for loading; 3% as the third instalment following installation of the roof. The remaining 2% shall be payable upon handover or acceptance and delivery of the keys, or as otherwise agreed in writing. Planning costs shall be paid in advance.
2. The Seller expressly reserves the right to refuse cheques or bills of exchange. Acceptance shall always be on account of payment only. Discount and bill-of-exchange charges shall be borne by the Buyer and shall be due immediately.
3. Notwithstanding Sections 366 and 367 of the German Civil Code (BGB), and irrespective of any provisions to the contrary made by the Buyer, the Seller shall determine which claims are satisfied by the Buyer’s payment.
4. If the Buyer is in default, the Seller shall be entitled to charge interest at the rate charged by commercial banks for unsecured current-account credit, but at least four percentage points above the German Federal Bank discount rate. Interest shall be due immediately.
5. The Buyer shall only be entitled to set off claims if the counterclaim is undisputed or has been finally established by a court of law.

§ 9 Liquidated Damages

If the Buyer withdraws from the contract without justification, is in default of acceptance, or definitively refuses the Seller’s services, the Buyer shall be liable to the Seller for damages. At the Seller’s discretion, the Seller may claim liquidated damages amounting to 25% of the net purchase price plus statutory VAT or may claim the actual loss incurred.

§ 10 Place of Performance, Jurisdiction and Severability

1. The place of performance shall be 87724 Ottobeuren. Where the Buyer is a registered merchant, a legal entity under public law or a special fund under public law, the parties agree that, at the Seller’s discretion, either the Local Court (Amtsgericht) or Regional Court (Landgericht) in Memmingen shall have jurisdiction over any disputes arising from the contracts and related legal relationships. The same shall apply if the Buyer’s place of residence or habitual residence is unknown at the time legal proceedings are initiated. In all other cases, the Local Court (Amtsgericht) Memmingen shall have jurisdiction for judicial dunning proceedings.
2. Should one or more of the above provisions be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that achieves, as closely as possible, the economic purpose intended by the invalid provision.
3. The headings are provided solely for ease of reference and have no substantive legal significance, in particular they shall not be construed as constituting an exhaustive regulation.