1.1. General References
The following company conditions apply to all present and future business relations between us (DGS Drahtgestricke GmbH) and you (customer/business).
1.2. Deviating Terms and Conditions
Deviating, conflicting or supplementary general terms and conditions shall not be a contractual component, even if they are known, unless their validity is expressly agreed in writing.
2. Acceptance / Goods Retrieval
The customer is obliged to accept delivery of the provided / delivered goods.
Unclaimed / received goods will be stored at the expense of the customer. The acceptance commitment remains hereby unaffected.
Pre-determined quantities of goods to be produced / provided by us on demand within contract framework must be claimed within one year of the contract conclusion. Upon expiry of this period of time, the customer shall be in default of acceptance for any unclaimed goods remaining at that time.
3. Reservation of title
The goods remain our property until full payment of the purchase price. If you are a business, this also applies to the complete settlement of all other claims arising from a current business relationship with us.
Customers 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. Punctual notification is sufficient for compliance with warranty conditions. The entrepreneur shall bear the full burden of proof for all claims, in particular for the defect itself, for the time of the discovery of the defect and for the punctuality of the complaint.
In the event of a defect in goods, we shall initially furnish a warranty to businesses by either remedying or replacing the goods, at our discretion.
If the subsequent performance fails, the entrepreneur may, at his discretion, demand a reduction in compensation (reduction) or cancellation of the contract (withdrawal). In the case of minor defects or a minor breach of contract, the entrepreneur shall not be entitled to the right of withdrawal.
For entrepreneurs, the warranty period is one year from delivery of the goods.
Warranties shall apply only if expressly agreed in writing.
The warranty policy affects only the relationship between us and you as an entrepreneur. If you are a consumer, the preceding regulations do not apply. The statutory warranty provisions are then valid without restriction.
In the event of willful intent or gross negligence we are liable to you as an entrepreneur in all cases of contractual and external liability for damages or replacement of wasted expenses, in accordance with statutory provisions.
In other cases, unless otherwise stated, we shall be liable only in the event of a breach of a contractual obligation whose fulfillment enables the proper execution of the contract, limited to foreseeable and typical damages, and which you as a customer may generally rely (cardinal obligation). In all other cases our liability is excluded subject to the following provisions:
Our liability for damages arising from death, personal injury or damage to health in accordance with the Produkthaftungsgesetz (Product Liability Act) shall remain unaffected by the above limitations of liability and disclaimer.
6. Applicable Law and Jurisdiction
The law of the Federal Republic of Germany shall apply, with the exception of the UN commercial law. 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 compulsory legal provisions of this country shall remain unaffected by the above governing law made in § 11 (1) sentence 1.
If you are a merchant / entrepreneur and have registered your office in Germany at the time of placing your order, exclusive jurisdiction is our place of business in Ellingen (Ansbach District Court). In all other respects the applicable legal provisions apply to local and international jurisdiction.
7. Final Provisions
Should individual provisions of this contract be ineffective or contradict the statutory provisions, the contract shall remain thereby unaffected. An invalid provision shall be replaced by a mutually agreeable provision by the Contracting Parties that most closely expresses the commercial sense and purpose of the invalid provision. The foregoing provision accordingly applies in the case of loopholes.