Commercial customer or dealers have the opportunity to register in our online store as "business customer". During registration process you can simply select the "business customer" field , so you will be listed in our database as discount-eligible commercial customer . Furthermore, you will receive an invoice in net billing with VAT. For customers within the EU with valid tax identification number, we have tax-exempt intra-community supply.
Terms and Conditions Business Customers DREXLER GmbH & Co. KG
Scope - Object of the contract
(1) Our General Terms and Conditions apply to the delivery of movable goods according to the contract between us and the customer.
(2) Our terms and conditions apply exclusively; We do not acknowledge any conditions of the customer which differ from our general terms and conditions, unless we have expressly consented to their validity in writing. Our General Terms and Conditions also apply if we carry out the delivery to the customer unconditionally in the knowledge of conflicting terms or conditions of the customer deviating from our general terms and conditions.
(3) All agreements made between us and the customer for the purpose of the execution of this contract are set down in writing in this contract.
(4) Our terms of sale apply only to contractors within the meaning of § 310 para. 1 BGB (German Civil Code).
Offer - Contract conclusion - Offer documents
(1) The order of the customer represents a binding offer, which we can accept within one week by sending an order confirmation or by delivering the goods.
(2) We retain ownership and copyrights in illustrations, drawings, calculations and other documents. This also applies to such written documents, which are designated as confidential. Prior to its transfer to third parties, the customer requires our express written consent.
Prices - Terms of payment
(1) Unless otherwise stated in the order confirmation, our prices shall be ex works, excluding packaging and postage; Both will be invoiced separately.
(2) VAT is not included in our prices; It is stated separately in the invoice at the statutory rate on the invoice date.
(3) The deduction of cash discount shall require special written agreement.
(4) If the price has increased at the time of the performance by a change in the market price or by an increase in the fees charged by the third parties included in the service provision, the higher price applies. If this is 20% or more above the agreed price, the customer has the right to withdraw from the contract. This right must be claimed immediately after notification of the increased price.
(5) The total remuneration is to be paid within ten days after receipt of the goods. The statutory regulations apply regarding the consequences of the delay in payment.
(6) The customer is entitled to set-off rights only if his counterclaims have been legally established, undisputed or acknowledged by us. In addition, he is entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Performance time - risk transfer
(1) If delivery times have been specified by us and made the basis for the assignment of the order, such periods will be extended in the case of strikes and cases of force majeure, for the duration of the delay. The same applies if the customer does not fulfill any cooperation obligations.
(2) Unless stated otherwise in the confirmation of order, delivery ex works is agreed ex works.
Liability for defects
(1) Deficiency claims of the customer presuppose that the customer has properly complied with his inspection and complaint obligations pursuant to § 377 HGB (German Commercial Code).
(2) In the event of a defect, we reserve the right to choose the type of supplementary performance.
(3) The warranty period is one year. This does not apply in the case of claims for damages due to defects. For claims for damages due to a defect, § 6 shall apply. The statute of limitations in the case of a supply regress pursuant to Sections 478, 479 BGB shall remain unaffected.
(4) The customer is not given any guarantees in the case by us.
Liability for damage
(1) Our liability for contractual breaches of duty as well as for offenses is limited to intent and gross negligence. This does not apply in the event of injury to the customer's life, body or health, claims for the violation of cardinal obligations, ie. Of obligations arising out of the nature of the contract and in the event of violation of which the achievement of the purpose of the contract is jeopardized, as well as the replacement of default damages (§ 286 BGB). Insofar we are liable for every degree of fault.
(2) The foregoing exclusion of liability also applies to slightly negligent breach of duty by our vicarious agents.
(3) Insofar as a liability for damages which are not based on the injury to life, body or health of the customer is not excluded for slight negligence, such claims become statute barred within one year beginning with the origin of the claim or in the case of claims for damages due to a defect From surrender of the thing.
(4) Insofar as the liability for damages is excluded or restricted, this also applies to the personal liability for damages of our employees, representatives and vicarious agents.
Retention of title
(1) We retain ownership of the goods until all claims against the customer have been fulfilled, even if the concrete goods have already been paid.
(2) The customer has to inform us without delay of the enforcement measures of third parties in the reserved goods by handing over the documents necessary for an intervention; This also applies to impairments of any other kind. Irrespective of this, the customer has already in advance the third party to the rights existing on the goods. The customer shall bear the costs of an intervention, as long as the third party is not in a position to reimburse it.
(3) In the event of the resale / rental of the reserved goods, the customer assigns to us the security claims arising from the above transactions against our customers until all our claims have been fulfilled. In the case of processing of the reserved goods, their transformation or their connection with another object, we immediately acquire ownership of the manufactured goods. This is regarded as reserved goods.
(4) If the value of the security exceeds our claims against the customer by more than 20%, we have to release the collateral which is due to us at the customer's request and at our discretion.
Limitation of own claims
(1) Notwithstanding § 195 BGB, our claims for payment become statute barred in five years.
(2) Section 199 BGB shall apply with regard to the commencement of the limitation period.
Form of declarations
Legal declarations and notices, which the customer has to deliver against us or a third party, require the written form. The text form acc. Section 126b BGB is sufficient.
Place of performance - Choice of law - Court of jurisdiction
(1) Unless otherwise specified in this agreement, place of performance and payment shall be our place of business. The statutory provisions on the jurisdictions shall remain unaffected, unless otherwise specified in the special provision of paragraph 3.
(2) This Agreement shall be governed by the law of the Federal Republic of Germany; The validity of the UN purchase law is excluded.
(3) Exclusive jurisdiction shall be the court competent for our place of business.