Our terms and conditions
General sales, delivery and payment of ORGA EDV Ohm Ltd. 66450 Bexbach, Reinhard-Schiestel-Str. 107
Our delivery conditions and benefits are part of the offer and a subsequent contract. Deviations, changes and amendments thereto will require our written confirmation. Conflicting Terms and Conditions of our buyers do not bind us.
The agreed prices are net prices from current location. They include packaging, freight, insurance and shipping costs are a not. The applicable sales tax is separately
Delivery is at the risk and expense of the buyer. Transport insurance shall only be taken at the express request of the customer's expense. Dimensions, weights, illustrations and drawings or other information of the buyer are only binding for the execution, if this is explicitly confirmed in writing. If the buyer is in default of acceptance we are entitled to retain the goods sold are no longer than eight weeks at the expense and risk of the buyer. The payment obligation of the buyer will not be affected. It is addressed independently in accordance with item. 5) of this contract.
Mentioned in our offers and contracts of delivery are for reference only, unless they are expressly designated as binding. Regardless, we will endeavor to comply with them. Unforeseen events that are beyond the control of the supplier, for example, Stoppages, strikes, lockouts, Committee values ??- here, the sub-contractor or at a transportation company - to extend the delivery date, even if they occur during a delivery delay. The same occurs for the non-regulatory or other types of deliveries required approvals and third party documents or to perform the required delivery information of the buyer in due time, as subsequent changes in the order. Partial deliveries are permissible. After expiration of a deadline and agreed to delay by more than 6 weeks in cases where we are at fault to provide a reasonable grace period. Only after which the buyer may rescind the contract. The assertion of claims for damages of any kind is excluded. Purchase and delivery taking place as seen.
The invoice amount is payable upon delivery beginning net without deduction. We are entitled to demand default interest from the due date after the usual bank interest rate. When exceeding a credit period granted as we are entitled to charge default interest at the usual bank interest rate. The Geltentmachung of any further delay damages is reserved. Bills and checks are only as payment - bills of - fees charged to the buyer.
Transfer of risk
The danger with the shipment from us or the subcontractor to the customer, even if free delivery is agreed. Delayed in shipping due to the fault of the customer, is already the day of readiness is a risk to the buyer.
Retention of title
The buyer of the business our property, the buyer connects the goods with other goods not belonging to us, such a new thing, so that he owned, he transmits to us the proportionate ownership. Our co-ownership arises from the purchase price of the goods compared with the value of new goods. The completion of the purchase contract for the conditional goods between us and the customer is considered the agreement on the Miteigentumsübergang. The granting of joint possession of us by the customer is replaced by the fact that the new item for the buyer takes us into custody. The object created from the combination of new thing else is the same as for the Vorbehalsware.
During the period of retention of title, the buyer the obligation to purchase the item has to keep in proper condition, at the request of the seller to insure, with the rights of the insurance are exclusively assigned to the seller. The seller is from damage, destruction or seizure by a third party to purchase the item immediately make notification. Pledging or transfer of ownership of the goods is prohibited.
The buyer is entitled to resell the purchased item only in the ordinary course of business operations. If he does not sell for cash on, he has to pass on to our reservation of ownership to its customers. The demand of the buyer from the resale is now already ceded to the value of the goods, which is determined by the invoice amounts. This applies even if the reserved property on the connection or with other goods not belonging to us in one or more clients will be resold.
To dispose of the purchased item to the buyer during the period of retention of title is not allowed.
If the buyer is in default with its payment obligations, we are entitled to reclaim our property reservation purchased item and the contract. Resulting expenses must reimburse the buyer. For the use of items supplied and brought back to us is an appropriate use of compensation and reimbursement of impairment.
Rights and participation in payment arrears
If the buyer after the contract is not in this for him, resulting in or contributing to payment obligations, we may assert the rights of § 226 BGB. We are entitled to demand the exclusion of the claim for higher damages without proof of loss to 20% of the purchase price as compensation. The claim for damages of us can also be a simultaneous recovery of us already made services delivery or partial delivery claims.
Unless we have used machines, appliances or equipment are sold, the purchaser of any warranty claims, regardless of whether defects or malfunctions of the goods are not identifiable or recognizable. The sale of brand new facilities and equipment, we do warranty only to the extent that we even recourse and compensation shall not also for damages. Complaints are - without prejudice to earlier legal reprimand - immediately after making the determination of deviation, but no later than two weeks after receiving the goods in writing. We can refuse to remedy defects as long as the buyer's obligations are not met. Any warranty claims not entitle the purchaser to make payments or deliveries to us to withhold or set off against them. If the complaint is unfounded, the Purchaser shall bear the costs. These provisions apply even if we have made explicit guarantee.
Performance and exclusive jurisdiction for both parties, for all present and future claims from the business, including claims and changes in the charter process, the location of the seller, namely Homburg.
Updated April 2013