For all delivery contracts between us and the customer, the following terms of delivery and payment apply exclusively. We do not recognize conflicting or deviating terms and conditions of the customer, unless we have agreed in writing in writing.
Verbal side agreements were not hit. Deviating from our general terms and conditions or complementary individual agreements are to be resolved in writing.
The prices result from the prices agreed on the day of the order. These are communicated at www.bombasei.de / in the offer / in the order confirmation. The prices listed are net prices plus the statutory VAT. With an order value below 200 euros net, we charge 9.00 euros postage, from an order value of 200 euros net we deliver free house. Deviations to these regulations must be fixed in writing.
Payments are to be made exclusively on Bombasei
Change payments are not accepted.
The payment terms that are printed on the invoice apply.
The agreed payment term begins with the creation of the invoice. If the invoice has not been paid after the claim of the claim, we are entitled to calculate a default interest of 8 % p.a. above the base rate of the ECB. The time of payment is the day of credit on our account. The assertion of further damage is not excluded.
If after the conclusion of the delivery contract, it is recognizable that the claim to payment is jeopardized by a lack of performance, in particular the lack of creditworthiness of the customer, we are entitled to do so for all delivered and not yet paid goods immediately without any deduction and for all To request delivering goods and to keep the goods to be delivered until the claims relating to it. If the customer does not meet our security or payment request on time, it is entitled to withdraw from all delivery contracts with the customer.
Maximum order value on account 5,000 euros.
Partial deliveries are permitted. We are entitled to deliver before an agreed date. It becomes apparent after the conclusion of the contract that the delivery caused by force majeure, natural disasters, war, official interventions, industrial action, turmoil, operational disorders in the factory or the sub -supplier, traffic bolt, operating restrictions, lack of goods, unpredictable, missing or non -timing delivery by pre -suppliers or from others Reasons that affect or block the intake of raw materials, or cannot be carried out on time, rests the delivery obligation for the duration of the obstacle and the extent of its effect. If this is not reasonable for the customer, he is entitled to withdraw from the contract after a reasonable period to be set. We are not responsible for non -deliveries or late delivery for reasons. A claim for compensation or reimbursement of expenses is excluded. In the event of delivery delays that the customer is responsible for, agreed delivery times and delivery dates are extended accordingly.
When ordering special products, when manufacturing the final application cannot be overlooked, we can deliver 10 % of the order quantity with the appropriate calculation with plus minus. This also applies to individual sub -quantities.
Shipping and transport are carried out, even if we cover the shipping costs, definitely for the invoice and risk of the recipient. The danger passes as soon as the goods are handed over to the shipping officer, but at the latest when we leave our warehouse. If the delivery is delayed for reasons that the customer is responsible, the transfer of danger is already involved in the display of the readiness for shipping. We determine shipping method and shipping route unless a different agreement was made with the customer.
5 Rügefrist, warranty
Complaints about damage or failure of the shipments must be found immediately by the customer with the receipt with the receipt of a train, post official or forwarding operation and to register corresponding claims in Bombasei.
After receipt, the goods must also be checked for their contractuality immediately. Discriminible defects, false quantities and false deliveries must be reported in writing immediately, with a precise specification of the date and number of the relevant delivery note. Covered defects must be reported immediately after recognizability in the form described above. Concepted goods must be returned immediately, unless a different regulation is made with Bombasei.
The traceability of the products manufactured by the customer using the seller's semi -finished products must be guaranteed by the customer in accordance with the EU 178/2002 Ordinance.
The guarantee of material defects is limited to the delivery of deficiency -free replacement goods. If the replacement delivery fails, the replacement delivery is unreasonable to the customer or refuses to perform the performance seriously and final, the buyer can reduce the purchase price or withdraw from the contract. Liability for compensation is limited in accordance with no. 6. This also applies to a claim for reimbursement of expenses.
The goods must be treated according to the transport and storage conditions described in the respective product specification. If the delivered goods are treated or processed improperly, in particular contrary to the requirements of the product specification, a guarantee is excluded. A guarantee is only taken over in the event of determination and processing.
All claims that are derived from the defectiveness of the goods, including any claims for compensation expire in one year after delivery of the goods. This also applies to any competing coverage claims from extra -contractual liability. Liability for intent is excluded from this regulation.
We are liable for compensation, regardless of the legal reason, only in the event of intent or gross driving experience of our organs or assistants. The above disclaimer for simple negligence does not apply to the violation of essential contractual obligations, unless it is liability for material. Liability for violating essential contractual obligations is limited to the typical foreseeable damage. When causing a damage from the violation of life, body or health, we are also liable for simple negligence. Overall, our liability is limited to the maximum coverage of our liability insurance with currently 250,000 euros6.2A liability for damages due to a guarantee that we have taken over as well as liability under the Product Liability Act or other mandatory liability standards remains unaffected by the above provisions.
Claims for damages from contractual liability expire in one year from the delivery of the goods, taken out in the event of intent.
7 Removal of title
We reserve ownership of the delivered goods until the full payment of all of our current and future and future claims from the business relationship.
The customer is permitted to further process or process the goods in regular business operations. If our ownership of the delivered goods goes down by resale or for another legal reason, the claims against third parties from the resale are transferred to us in the amount of our claim. In the event of processing, connection, mixing, mixing or mixing of our reserved goods with other, not exhilarating, the contracting parties agree that the customer is already co-ownership of us according to the accuracy of the objective market value of the reservations at the time of the other goods at the time the processing, connection, mixing or mixing transfers and these were kept free of charge. Insofar as the things are in possession of a third party, the customer will already make his claims against them, in particular his claims for publication. We accept the assignment. The items that have come into our ownership or co -ownership according to the provisions of this paragraph are considered reserved goods in the Simme of Paragraph 1 and the following provisions.
Until the full payment of all of our current and future claims from the business relationship with the customer, the customer will already make all claims from the reservation of reservations to us. We accept the assignment. The customer is authorized to collect the predicted claims in the proper transition of business.
The authority of the customer is available for the provisions and transfers and transfers that we have up to the top expires if the customer is in the event of a wealth or if we are at your disposal or we have our consent or confiscation due to contractual behavior (in particular payment late)) of the abnhemer, which endangers our sucherization interests. If our security interests are impaired or endangered by measures by third parties, the customer must inform us immediately.
If the customer is contrary to the contract, we are entitled to return the goods subject to retention of title. The assertion of the retention of title and the garnishment of the reserved goods after setting a deadline are considered to be a withdrawal from the contract. A deadline is not required in the cases mentioned in the set.
8 Place of performance and place of jurisdiction
The place of performance for delivery and payments is Waldshut-Tiengen, jurisdiction Waldshut-Tiengen
9 partially ineffectiveness
If individual parts of these terms and conditions are ineffective or demolished, the validity of all other conditions remains unaffected. The contracting parties are obliged to replace ineffective regulations with those that are legally effective and comply with the ineffective regulations according to the meaning and purpose and the economic result as soon as possible.