General Terms and Conditions of Feguramed GmbH
No. 1 Scope, Written Form
(1) We deliver exclusively subject to the terms of our offer or our written order confirmation in conjunction with these Terms and Conditions. We do not recognize any terms and conditions of the customer that deviate from these Terms and Conditions unless we have expressly agreed to them in writing.
(2) No verbal ancillary agreements have been made. Amendments and additions must be made in writing.
(3) These Terms and Conditions also apply to all follow-up transactions and any repeat orders.
No. 2 Contract Offer and Conclusion
Our offers are subject to change. The customer is bound to their offer (order) for one month.
No. 3 Withdrawal from the Contract
(1) We have the right to withdraw from the contract if
(a) we become aware of circumstances that justify the assumption that the customer will not properly fulfill its contractual obligations, and this jeopardizes the provision of consideration (in particular, cessation of payments, self-petition for the opening of insolvency proceedings, check and bill of exchange protests, etc.),
(b) force majeure not only temporarily prevents the fulfillment of the delivery obligations,
(c) the fulfillment of the delivery obligation becomes impossible due to non-delivery by third parties for which we are not responsible,
(d) unforeseeable non-contractual burdens (road and import duties, taxes or other surcharges on the contract goods, currency fluctuations) which are not borne by the customer and for which we are not responsible, which not only temporarily hinder or prevent the fulfillment of the delivery obligations, or
(e) the customer fails to comply with the provisions regarding retention of title (No. 9).
(2) In the event of withdrawal, we may take possession of the contract goods, remove them, or demand their return; in the cases referred to in paragraph (1) (a), the customer shall bear the resulting costs.
No. 4 Prices and Terms of Payment
(1) Prices are quoted in euros ex works Feguramed, excluding VAT and excluding the costs of packaging, insurance, loading, unloading, etc. Services not included in the legally binding scope of services and not expressly estimated at the time of conclusion of the contract, but which are necessary to execute the order or are performed at the customer's request, will be invoiced separately.
(2) We reserve the right to adjust our prices accordingly if cost reductions or increases occur after conclusion of the contract, particularly due to changes in material prices, customs duties, taxes, other surcharges on the contracted goods, or currency fluctuations. We will provide evidence of these to the customer upon request.
(3) For payments made within 14 days of delivery, we grant a discount of 2% of the invoice amount. All invoices are payable net within 30 days.
(4) If the customer exceeds agreed payment terms, we are entitled to charge default interest at a rate of 9% above the applicable base interest rate without the need for a separate notice of default. In these cases, we are also entitled to cancel any price advantages granted, such as discounts, etc., and to withhold deliveries to the customer – even those arising from other orders – until the outstanding amount is paid. If due installments are not met, the entire outstanding amount from all business relationships is immediately due.
(5) If the customer defaults on their payment obligations or insolvency proceedings are initiated against their assets, the entire remaining debt becomes due, even if bills of exchange with a later due date are outstanding.
(6) The customer may only offset our claims with undisputed or legally established counterclaims. Furthermore, he is only entitled to assert a right of retention to the extent that his counterclaim is based on the same contractual relationship.
(7) Checks and bills of exchange are accepted only on account of performance. Discounting costs and bill of exchange fees are borne by the customer.
No. 5 Delivery
(1) We are entitled to make and invoice reasonable partial deliveries. Partial deliveries are reasonable if they are usable by the customer, if applicable, for the contractually intended purpose, and do not incur significant additional expenditure and/or costs. We reserve the right to make design and shape changes to the contractual goods, provided that the subject matter of the contract is not significantly altered and the changes are reasonable for the customer. The aforementioned criteria also apply to reasonableness.
(2) Information on delivery times is non-binding unless we have expressly designated it as binding.
(3) We shall not be liable for delays in delivery or the impossibility of performance caused by force majeure, strikes, lockouts, etc., for which we are not responsible, unless we have assumed a guarantee for the success of the service or a procurement risk. If the agreed delivery time cannot be met because a supplier fails to deliver the contractual goods or the parts required for them, or does not deliver them on time, we shall not be liable unless we are responsible for this.
(4) It is expressly stipulated that the suppliers are not our vicarious agents.
No. 6 Transfer of Risk and Shipping
(1) The contractual goods travel from the respective place of dispatch at the customer's risk. Shipping is at the customer's expense and risk. All risks, regardless of the delivery method agreed in the individual case, shall pass to the customer at the latest upon handover of the contract goods to the carrier; this also applies if we undertake the transport ourselves.
(2) If the contract goods are picked up as agreed, the risk shall pass when the delivery item is ready for collection and we have notified the customer of this.
(3) If shipment is delayed due to circumstances attributable to the customer, the risk shall pass to the customer from the time the delivery item is ready for shipment and we have notified the customer of this.
(4) If the customer defaults on acceptance of the goods, we may, after setting a reasonable grace period of 14 days, withdraw from the contract or store the contract goods at the customer's risk and expense. Furthermore, we are authorized, after prior warning, to publicly auction the contract goods or sell them at the customer's expense and expense. The risk of accidental loss or accidental deterioration of the contractual goods shall pass to the customer at the latest at the time the customer defaults on acceptance.
No. 7 Notices of Defects
(1) Notices of defects and other complaints of any kind must be submitted directly to us in writing within one week of receipt of the goods - in the case of hidden defects, within a limitation period of one week after discovery. If the customer is not a merchant, notices of defects and other complaints of any kind must be submitted directly to us in writing within a limitation period of two weeks after receipt of the goods, whereby this does not apply to hidden defects. For this and all other aspects, the statutory provisions apply to non-merchants.
(2) If the customer fails to submit the aforementioned notices of defects and complaints, the contractual goods shall be deemed to have been accepted.
(3) Notices of defects do not entitle the customer to withhold invoice amounts unless the alleged defects have been acknowledged by us or have been legally established.
(4) The customer shall reimburse us for all expenses incurred as a result of the customer raising unfounded notices of defects.
No. 8 Claims for Defects and Liability
(1) If the contractual goods are defective, we are entitled to determine the type of subsequent performance – repair or replacement delivery – taking into account the nature of the defect and the customer's legitimate interests.
(2) In the case of defects in products from other manufacturers that we are unable to remedy, our liability is limited to the assignment of the claims we are entitled to against the supplier of the third-party product. Should the recourse against the supplier of the third-party product ultimately fail, the customer's claims for defects against us shall remain as they arise from these Terms and Conditions of Delivery.
(3) No liability is assumed for unsuitable or improper use or treatment, natural wear and tear, chemical, electrochemical, or electronic influences, incorrect environmental conditions, or inadequate maintenance, unless these influences are due to our fault.
(4) The limitation period for the customer's warranty rights is 12 months from delivery to the customer or to a third party designated by the customer. This does not apply in the case of recourse pursuant to Section 478 of the German Civil Code (BGB), nor does it apply in the cases of Sections 438 (1) No. 2 of the German Civil Code (BGB) and 634a (1) No. 2 of the German Civil Code (BGB). This also does not apply to claims for damages due to injury to life, body, or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents, and not in the case of the assumption of a guarantee or procurement risk.
(5) We are liable for damages and expenses exclusively in accordance with the following provisions:
(a) We are liable for damages or reimbursement of expenses in accordance with the statutory provisions for damages caused by intent or gross negligence, for damages due to injury to life, body, or health, and for damages under the Product Liability Act. We are also liable under statutory provisions if we have assumed a guarantee or a procurement risk and the guarantee case has occurred or the procurement risk has materialized.
(b) Our liability for damages or reimbursement of expenses is limited to the amount of the foreseeable, typically occurring damage or expense for claims based on a grossly negligent breach of duty by us or our representatives or vicarious agents.
(c) If we or our representatives or vicarious agents have culpably breached a material contractual obligation, but no case of liability under statutory provisions applies, our liability is limited to the foreseeable, typically occurring damage or expense. A material contractual obligation is understood to mean the obligation to deliver on time, the freedom of the contractual goods from defects of title and material defects that significantly impair their functionality or usability, as well as any existing advisory, protective, and care obligations intended to enable the customer to use the delivery item in accordance with the contract or to protect the customer's life, limb, personnel, customers, and property from significant damage.
(d) For claims arising from product liability pursuant to Section 823 of the German Civil Code (BGB), our liability is limited to the compensation paid by the insurance company, unless at the same time material contractual obligations have been breached only negligently or other obligations have been breached grossly negligently, and the foreseeable, typically occurring damage is less. If the insurance does not cover the claim or does not cover it in full, we are liable up to the coverage amount of EUR 500,000.00.
Furthermore, any liability for damages or reimbursement of expenses is excluded. To the extent that our liability is excluded, this also applies to the personal liability of our employees, workers, staff, representatives, and vicarious agents.
(6) We are only liable for our own content on the website of our online shop. To the extent that links provide access to other websites, we are not responsible for the third-party content contained therein. In particular, we do not adopt such third-party content as our own. Should we become aware of illegal content on external websites, we will block access to these sites immediately.
(7) In the event of liability for the breach of collateral or pre-contractual obligations or due to tort not based on a defect in the delivered item, the customer's claims shall expire two years after delivery. This does not apply in the case of recourse pursuant to Section 478 of the German Civil Code (BGB), nor does it apply in the cases of Sections 438 (1) No. 2 of the German Civil Code (BGB) and 634a (1) No. 2 of the German Civil Code (BGB). This also does not apply to claims for damages due to injury to life, body, or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents, and does not apply to the assumption of a guarantee or procurement risk.
No. 9 Retention of Title
(1) The goods remain our property until all our claims arising from the business relationship have been settled, regardless of the legal basis, and until all bills of exchange and checks presented to us in payment have been honored, even if the purchase price for specifically designated claims has been paid.