Terms and conditions
General terms and conditions of the company DRY-ICE-ENERGY GmbH, 82031 Grünwald
The following general terms and conditions apply to all contracts, deliveries and other services by Dry-Ice-Energy to its customers. They also apply to all future business relationships, even if they are not expressly agreed again. Deviating conditions of the customer that we do not expressly recognize are not binding for us, even if we do not expressly contradict them. The following general terms and conditions also apply if we carry out the customer's order without reservation while being aware of conflicting or deviating conditions of the customer.
§ 1 Offer - Offer Documents
- We can accept an order from the customer that qualifies as an offer to conclude a purchase contract within 2 weeks by sending an order confirmation or by sending the ordered products within the same period.
- Our offers are subject to change and non-binding, unless we have expressly designated them as binding.
- We reserve our property rights, copyrights and other property rights to illustrations, calculations, drawings and other documents. The customer may only pass these on to third parties with our written consent, regardless of whether we have marked them as confidential. If we do not accept the customer's offer within the period of § 1 (1), these documents must be returned to us immediately.
- For the purpose of deciding on the establishment, implementation or termination of the contractual relationship, we use probability values, the calculation of which includes address data, among other things.
§ 2 Prices - Terms of Payment
Unless otherwise stated in the order confirmation, our prices apply “ex works”.
- The statutory value added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.
- Unless otherwise stated in the order confirmation, the purchase price is due for payment net (without deduction) within 14 days of the invoice date. A payment is only considered to have been made when we can dispose of the amount. In the case of payments by check, payment is only deemed to have been made when the check is cashed.
- Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries made 3 months or later after the conclusion of the contract.
- Our employees and commercial agents or those otherwise authorized by us are not entitled to accept payments.
- If the customer defaults on a payment, the statutory regulations apply.
- The customer is only entitled to offset, even if complaints or counterclaims are asserted, if the counterclaims have been legally established, recognized by us or are undisputed. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 3 delivery time
- Delivery dates or deadlines that have not been expressly agreed as binding are exclusively non-binding information. The specified delivery time does not begin until the technical and commercial questions have been clarified. Likewise, all obligations incumbent on him must be fulfilled properly and on time by the customer.
- In the event that a delay in delivery for which we are responsible is based on the culpable breach of an essential contractual obligation, whereby the fault of our representatives or vicarious agents is attributable to us, we are liable according to the statutory provisions with the stipulation that in this case the liability for damages is based on the foreseeable , typically occurring damage is limited.
- Otherwise, in the event of a delay in delivery for which we are responsible, the customer can claim flat-rate compensation of 3% of the delivery value, but not more than 15% of the delivery value, for each full week of delay.
- Any further liability for a delay in delivery for which we are responsible is excluded. The other legal claims and rights of the customer to which he is entitled in addition to the claim for damages due to a delay in delivery for which we are responsible remain unaffected.
- If the customer defaults on acceptance, we are entitled to demand compensation for the damage incurred and any additional expenditure. The same applies if the customer culpably violates his duty to cooperate. With the occurrence of the default of acceptance or default of the debtor, the risk of accidental deterioration and accidental loss is transferred to the customer.
§ 4 Transfer of risk upon dispatch
If the goods are sent to the customer at the request of the customer, the risk of accidental loss or accidental deterioration of the goods passes to the customer when they are sent to the customer, at the latest when they leave the factory / warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.
§ 5 Warranty / Liability for Defects
- Insofar as the customer is a registered trader, the customer can only claim for defects if the customer has properly complied with his inspection and complaint obligations according to § 377 HGB.
- If there is a defect in the purchased item for which we are responsible, we are entitled to either subsequent performance in the form of rectifying the defect or to deliver a new, defect-free item. The customer has to grant us a reasonable period for subsequent performance. In the event of the defect being remedied, we shall bear the necessary expenses, insofar as these do not increase because the purchased item is at a location other than the place of performance.
- If the subsequent performance has failed, the customer can choose to either request a reduction in the purchase price (reduction) or withdraw from the contract.
- Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, as well as damage that occurs after the transfer of risk as a result of incorrect or negligent treatment, excessive use, unsuitable operating resources or due to special external influences, which are not required by the contract. If improper repair work or changes are carried out by the customer or a third party, there are no claims for defects for this or the consequences thereof.
- We are liable in accordance with the statutory provisions insofar as the customer asserts claims for damages based on willful intent or gross negligence, including willful intent or gross negligence on the part of our representatives or vicarious agents. Unless we are accused of intentional breach of contract, the liability for damages is limited to the foreseeable, typically occurring damage.
- We are liable according to the statutory provisions if we culpably violate an essential contractual obligation; in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.
- Liability for culpable injury to life, limb or health remains unaffected.
- Unless otherwise regulated above, liability is excluded.
- Claims for damages by the customer due to a defect expire 1 year after delivery of the goods.
§ 6 Retention of title
- We reserve title to the purchased item until all payments from the purchase contract have been received. If the customer acts in breach of contract, in particular in the event of default in payment, we are entitled to take back the purchased item. If we take back the purchased item, we withdraw from the contract. After taking back the purchased item, we are authorized to dispose of it; the proceeds from the sale are to be settled against the customer's liabilities - less reasonable disposal costs.
- The customer is obliged to treat the purchased item with care and to insure it adequately at replacement value at his own expense. Maintenance and inspection work that becomes necessary must be carried out in good time by the customer at his own expense.
- If third parties access the goods subject to retention of title, in particular seizures, the customer will point out our ownership and notify us immediately so that we can enforce our property rights. If the third party is unable to reimburse us for the judicial or extrajudicial costs incurred in this connection, the customer shall be liable for them.
For the country to which we deliver the purchased item, we guarantee that the commercial property rights of third parties do not conflict with its use.
§ 8 Place of Jurisdiction - Place of Performance
- The exclusive place of jurisdiction for all disputes between us and the customer arising from the contracts concluded between us and the customer is, if the customer is a merchant, legal entity under public law, special fund under public law or in Germany without a place of jurisdiction, the company headquarters of Dry Ice-Energy in Grünwald. However, we are entitled to sue the customer at his place of residence and / or business.
- The place of performance is our company headquarters in Grünwald.
- The law of the Federal Republic of Germany; the validity of the UN sales law is excluded.
(As of October 2014)