General Terms and Conditions
of the company SBA-Steuerungstechnik GmbH & Co. KG
§ 1 General, Scope
§ 2 Conclusion of Contract
§ 3 Payment, due date, delay of payment
§ 4 Delivery, Transfer of risk
§ 5 Arrangement of costs for return consignment
§ 6 Retention of Title
§ 7 Prices
§ 8 Withdrawal
§ 9 Liability for defects
§ 10 Liablility for compensation
§ 11 Final Provisions
(1) For the privity of contract between SBA-Steuerungstechnik GmbH & Co. KG and consumers as well as entrepreneurs (hereinafter referred to as “purchaser”) these General Terms and Conditions shall apply. This is also applicable for the contractual relationship with purchasers outside the Federal Republic of Germany. Any conflicting or diverging general terms of business laid down by the purchaser shall not be recognized, unless SBA-Steuerungstechnik GmbH & Co. KG expressly approved the applicability thereof in writing. The purchaser’s General Terms and Conditions shall also not be deemed applicable when SBA-Steuerungstechnik GmbH & Co. KG is executing the service implicitly in awareness of conflicting or diverging General Terms and Conditions of the purchaser.
(2) For the purpose of these General Terms and Conditions, consumers are any individuals with whom SBA-Steuerungstechnik GmbH & Co. KG enters into a business relationship without this being assignable to their commercial or independent professional activity. Entrepreneurs within the meaning of these General Terms and Conditions are all natural or legal persons or joint partnerships with legal capacity who enter into a commercial relationship with SBA-Steuerungstechnik GmbH & Co. KG acting in order to carry out a commercial or independent occupational function.
(1) The contents of SBA-Steuerungstechnik GmbH & Co. KG presented in the Internet are subject to confirmation and are not binding. This is also applicable to quotations. SBA-Steuerungstechnik GmbH & Co. KG reserves the right for any mistakes, printing errors as well as changes in technique, color or price. In such instance SBA-Steuerungstechnik GmbH & Co. KG is entitled to contest the Declaration of Acceptance.
(2) The order of the purchaser is a binding offer that SBA-Steuerungstechnik GmbH & Co. KG can accept through forwarding an order confirmation or through shipment of the ordered goods. Verbal commitments by representatives or other auxiliary persons require a written confirmation by SBA-Steuerungstechnik GmbH & Co. KG.
(1) The payment of the goods takes place according to the payment regulations of SBA-Steuerungstechnik GmbH & Co. KG.
(2) When payment takes place through debit advice the customer informs SBA-Steuerungstechnik GmbH & Co. KG of his bank details. With this information the customer revocably entitles SBA-Steuerungstechnik GmbH & Co. KG for direct debit regarding the corresponding current account. In the case of a charge back due to insufficient coverage or expiry of the account or due to purchaser’s objection, SBA-Steuerungstechnik GmbH & Co. KG charges for the expenses incurred a handling fee of 12,00 €. SBA-Steuerungstechnik GmbH & Co. KG reserves the right for further claims. In the event of revocation, return or complaint it should not be objected to a debit in order to avoid any charge back. The recission takes place via return remittance or credit advice.
(3) Incoming payments of the purchaser can initially be settled with current accounts receivables on the part of SBA-Steuerungstechnik GmbH & Co. KG. A settlement by the purchaser is only possible if the counterclaims have been recognized by declaratory judgement or are undisputed on the part of SBA-Steuerungstechnik GmbH & Co. KG and are based on the same contractual relation. Furthermore, the purchaser may only exercise his rights of retention insofar as his counterclaims are based on the same contractual relationship.
(4) The purchase price is payable immediately after conclusion of the contract.
(5) If purchaser is in payment delay he shall be liable for all cases of negligence during this period of time. He is liable for such service even in the event of coincidence unless the damage would also have occurred if the service had been provided in time.
(6) During the default period, interest has to be paid on the purchasing price. The default interest shall amount to at least 5 percent above the applicable base rate. Concerning transactions in which the consumer is not involved, the interest rate is 8 percent above the applicable base rate.
(7) The assertion of further damage shall not be excluded hereby.
(1) On availability the goods are shipped as soon as possible by SBA-Steuerungstechnik GmbH & Co. KG that means in general within 14 days. Purchaser is informed immediately by SBA-Steuerungstechnik GmbH & Co. KG when delays occur due to insufficient availability of the goods. The obligation to perform of SBA-Steuerungstechnik GmbH & Co. KG is subject to punctual and correct supply to ourselves. In the event of failing, incorrect or delayed delivery to ourselves, SBA-Steuerungstechnik GmbH & Co. KG is entitled to withdraw from the contract. In this case, payments that have already been received will be repaid without undue delay.
(2) Subsequent requests of purchaser because of amendments or additions of the contractual services will extend the arranged delivery time in an adequate scope. The same is applicable in case of strike and cases of Force-Majeure, namely for the duration of the delay.
(3) In case not all of the ordered items are in stock, your order will be partially delivered on our own cost, as long as it is in reasonable fashion for purchaser.
(4) The transfer of the risk to the purchaser – that means the risk of accidental loss or accidental impairment of the object of purchase – takes place
a) if Purchaser is entrepreneur – by delivery of the object of purchase to the purchaser or
b) if Purchaser is entrepreneur – as soon as SBA-Steuerungstechnik GmbH & Co. KG has delivered the object of purchase to the forwarding agent, freight carrier or to another designated person or institution engaged with performing the shipment.
As far as Purchaser makes use of his right of withdrawal, the following is agreed for the costs to be borne for return consignment: In the event that Purchaser makes use of the legal right of revocation, he shall bear the regular costs of reshipment, if the delivered goods comply with the ordered goods and if the price of the returned goods does not exceed 40 EUR or when in the case of a higher price Purchaser has not yet, at the time of the withdrawal, provided the compensation or has not paid a contractually conditioned partial payment. Otherwise the return shipment is free of charge.
The goods remain property of SBA-Steuerungstechnik GmbH & Co. KG until complete payment of Purchaser. If Purchaser is entrepreneur, the retention of title is effective until settlement of all still unpaid accounts resulting from the business relationship. Pledging, assignment as security, processing or transformation is not permissible without express and written consent of SBA-Steuerungstechnik GmbH & Co. KG before transfer of title.
The prices stated by SBA-Steuerungstechnik GmbH & Co. KG are inclusive of statutory value added tax plus shipping fees.
(1) SBA-Steuerungstechnik GmbH & Co. KG is entitled to withdraw from the contract also in regard to a part of the delivery that has not yet been effected, if false information about the Purchaser’s financial capacity has been supplied or apparent reasons for the insolvency of the purchaser have emerged, including the opening of insolvency proceedings on the assets of the purchaser or the dismissal of such proceedings for lack of assets. Prior to withdrawal from the contract, the purchaser shall be given the opportunity to make an advance payment or provide suitable security.
(2) Regardless of any claims for compensation, in the event of partial withdrawal partial services which have already been rendered must be accepted and paid for.
(1) SBA-Steuerungstechnik GmbH & Co. KG is liable in the event of a defect vis-à-vis the purchaser according to the legal regulations far as no restrictions arise from the following clauses.
(2) If the purchaser is consumer he has to inform SBA-Steuerungstechnik GmbH & Co. KG on apparent deficiencies after occurrence of the deficiency in written form within two weeks, if purchaser is entrepreneur in written form within 8 working days after receipt of the goods. If no notification is made within the above-mentioned period, the warranty rights shall expire. This shall not apply in the event that SBA-Steuerungstechnik GmbH & Co. KG maliciously failed to disclose the defect or assumed a guarantee for the quality of the item.
(3) If the purchaser is entrepreneur, § 377 HGB remains unaffected. The assertion of warranty claims of a purchaser acting as merchant presumes that he fulfills his obligation for inspection and the requirement to make a complaint regarding a defect according to § 377 HGB.
(4) If the purchaser is entrepreneur, SBA-Steuerungstechnik GmbH & Co. KG reserves the right of choice for supplementary performance in the event of a defect.
(5) Claims for defect of all purchasers are excluded in the case of improper use, natural wear or damages that occur due to special external influences not being provided according to the contract. The purchaser has the right to furnish proof that the defect is not based on the cases of non-compliance. Furthermore SBA-Steuerungstechnik GmbH & Co. KG is not assuming any liability for the correctness of manufacturer specifications.
a) If the purchaser is consumer, the limitation period for claims for defect concerning the sale of used goods is one year, concerning the sale of new goods two years from date of delivery.
b) If the purchaser is entrepreneur, the enforcement of claims for defect for the sale of goods as well as for sales by weight is excluded. In all other cases the limitation period for claims for defect regarding the sale of used goods to an entrepreneur is three months, regarding the sale of new goods one year, from date of delivery.
(7) For claims for damages the regulations under § 10 of these General Terms and Conditions are applicable.
(1) SBA-Steuerungstechnik GmbH & Co. KG is unrestrictedly liable for damages that have been caused by intentional or gross negligent action of SBA-Steuerungstechnik GmbH & Co. KG, its legal representatives and/or agents. Furthermore, SBA-Steuerungstechnik GmbH & Co. KG is liable for slightly negligent breach of a major obligation or of an accessory obligation whose breach will put the achievement of the contractual purpose at risk, or whose fulfilment is essential for the due and proper implementation of the contract, and/or upon whose compliance the purchaser may rely.
(2) The claims for compensation are limited in cases of slightly negligent breach of major contractual obligations to the predictable, contract-typical damage. In case of default they amount to not more than 5 % of the order value.
(3) In cases other than those specified in paragraph 1 the liability of SBA-Steuerungstechnik GmbH & Co. KG is excluded independent of the legal basis.
(4) The above liability limitations of paragraphs 2 and 3 do not apply in the event of damages to life, body or health, of defect after assumption of a guarantee for the nature of the product and in the event of maliciously concealed defects. Also here SBA-Steuerungstechnik GmbH & Co. KG is fully liable. The liability according to the Product Liability Act is also unaffected.
(5) As far as the liability of SBA-Steuerungstechnik GmbH & Co. KG is excluded or limited, this also applies to the private liability of employees, representatives and agents. (6) If the customer is entrepreneur, the period of limitation for claims for damages is three months.
(1) For all legal relationships between SBA-Steuerungstechnik GmbH & Co. KG and the purchaser solely German Law shall be applicable to the exclusion of the CISG. If the purchaser is entrepreneur according to the commercial law, the agreed place of jurisdiction shall be the Court responsible for the registered office of SBA-Steuerungstechnik GmbH & Co. KG. The same is applicable when the purchaser does not have a general place of jurisdiction or residence in Germany or this is unknown when the action is brought.
(2) As far as individual regulations of these General Terms and Conditions or of the contract are invalid, this does not affect the efficiency of the remaining parts of the contract. In place of the invalid regulations, the respective statutory regulations become effective or alternatively regulations which are in the sense of the invalid regulations.