1. general information
1.1 General information
The terms and conditions apply to all present and future business relations between us (DGS Drahtgestricke GmbH) and you (customer/contractor).
1.2 Deviating GTC
Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
2. acceptance / goods call-off
The customer is obliged to accept the goods provided/delivered to him.
Goods not collected/received shall be stored at the customer's expense. The obligation to take delivery remains unaffected by this.
Pre-determined quantities of goods that must be produced/provided by us on call within framework agreements must be called off within one year of conclusion of the contract. Upon expiry of the one-year period, the customer shall be in default of acceptance of the (remaining) quantity of goods not yet called off at this time.
3. reservation of title
The goods remain our property until the purchase price has been paid in full. If you are an entrepreneur, this also applies until full settlement of all other claims arising from an ongoing business relationship with us.
4th warranty
Entrepreneurs must notify us in writing of obvious defects within a period of two weeks from receipt of the goods, otherwise the assertion of the warranty claim is excluded. Timely despatch shall suffice to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects.
In the case of defects in the goods, we shall initially provide a warranty to entrepreneurs at our discretion by repair or replacement.
If the supplementary performance fails, the entrepreneur may, at his discretion, demand a reduction of the remuneration (reduction) or cancellation of the contract (withdrawal). In the case of only minor defects or only a minor lack of conformity with the contract, the entrepreneur has no right of cancellation.
For entrepreneurs, the warranty period is 1 year from delivery of the goods.
Guarantees shall only apply if expressly agreed in writing.
The warranty regulation only applies to the relationship between us and you as an entrepreneur. If you are a consumer, the above provisions shall not apply. The statutory warranty regulations shall then apply without restriction.
5. liability
We are liable to you as an entrepreneur in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
In other cases, unless otherwise agreed, we shall only be liable in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the following provision:
Our liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
6 Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in § 11 para. 1 sentence 1.
If you are a merchant/entrepreneur and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is our registered office in Ellingen (Ansbach District Court). Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
7. final provisions
Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract. The invalid provision shall be replaced by the contracting parties by mutual agreement with a legally valid provision which comes closest to the economic sense and purpose of the invalid provision. The above provision shall apply accordingly in the event of loopholes.