Terms of service
Terms of service GUMMI-NOLLER-MAIER version 01/2019
These general terms and conditions apply to all business relationships between Mr. Gerhard Maier, acting under the trade name Gummi-Noller-Maier, Hanfwiesenstr. 24, D-73614 Schorndorf and its customers in the version valid at the time of the conclusion of the contract. Customers within the meaning of these terms and conditions are exclusively contractors in accordance with § 14 BGB, therefore natural or legal persons or legal partnerships that act in the conclusion of a legal transaction in the exercise of their commercial or independent professional activity. Gummi-Noller-Maier expressly points out that no contracts with consumers (§ 13 BGB) are concluded.
- 1 General
- a) Contract agreement
Contract language is German.
- b) Conclusion of the contract
The presentation of the assortment of Gummi-Noller-Maier is non-binding. At the request of the customer, Gummi-Noller-Maier also produces customer-specific parts, if required, also from the customer's materials. The customer can make a non-binding inquiry by e-mail, fax, telephone or post. Gummi-Noller-Maier then creates a binding offer for the customer.
Gummi-Noller-Maier is bound by the contract offer for 14 days. Within this time, the customer can accept the offer by e-mail, fax, telephone or by post binding. With the acceptance comes a contract between Gummi-Noller-Maier and the customer. Gummi-Noller-Maier will then confirm the contract in writing to the customer. Change requests of the customer can only be considered until the conclusion of the contract.
- c) Product description
The descriptions contained in our advertising materials, references to technical standards, technical data and illustrations are non-binding and do not constitute a quality agreement or guarantee, unless otherwise agreed by contract.
- 2 Delivery
- a) Partial deliveries
Gummi-Noller-Maier is entitled to partial deliveries, as far as this is reasonable for the customer.
- b) Delivery and performance delays
Delivery and performance delays due to force majeure and due to extraordinary and unforeseeable events, which can not be prevented by the utmost care of Gummi-Noller-Maier (this includes in particular strikes, official or court orders and cases of improper or improper self-supply despite this Cover business), rubber Noller Maier is not responsible. They entitle Rubber Noller Maier to postpone the delivery for the duration of the obstructing event.
- c) Resignation
In the case of unavailability for reasons mentioned above, Gumm-Noller-Maier may withdraw from the contract. Gummi-Noller-Maier undertakes to inform the customer immediately about the unavailability and to reimburse immediately any compensation already paid.
- d) Delay of acceptance
If the customer defaults on acceptance of the ordered goods, Gummi-Noller-Maier shall be entitled, after setting a reasonable period of grace, to withdraw from the contract and claim damages for delay or non-performance. During the default of acceptance, the customer bears the risk of accidental loss or accidental deterioration.
- 3 Payment
- a) Prices and shipping costs
All prices are net in Euro exclusive of the sales tax applicable at the time of delivery and plus the costs for packaging and shipping, unless collection by the customer at the registered office of Gummi-Noller-Maier in Schorndorf is agreed. When sending the shipping price is understood plus the separately specified shipping costs.
- b) Terms of payement
All payments are due in EURO only to Gummi-Noller-Maier with conclusion of contract.
- c) Default pf payemant
The customer is in default of payment if the payment is not received within 30 days after receipt of the invoice at Gummi-Noller-Maier. In the event of late payment, interest of 8 percentage points above the base rate of the European Central Bank will be charged. Should the customer be in default with his payments, then Gumm-Noller-Maier reserves the right to charge reminder fees. The assertion of a further compensation remains at liberty. The customer has the opportunity to prove that Gummi-Noller-Maier suffered little or no damage.
- d) Right of retention
The assertion of a right of retention to the customer only for such counterclaims, which are due and are based on the same legal relationship as the obligation of the customer.
- e) On bill
The customer has the right to set off against counterclaims only to the extent that his claims are undisputed or have been legally established.
- 4 Retention of title
The delivered goods remain the property of Gummi-Noller-Maier until the complete fulfillment of all current and future claims arising from the business relationship. The customer must treat the goods subject to retention of title with care at all times. The customer hereby assigns a claim or replacement, which he receives for the damage, destruction or loss of the delivered goods, to Gummi-Noller-Maier. This assignment is hereby accepted by Gummi-Noller-Maier. In the event of processing, combining or mixing the reserved goods, Gummi-Noller-Maier is the manufacturer of the new product. In this case, Gummi-Noller-Maier is entitled to co-ownership of the new item in proportion to the value of the delivered reserved goods. The amount of co-ownership results from the ratio of the value of the reserved goods to the value of the other goods used.
The customer has the right to resell the goods subject to retention of title only in the ordinary course of business and only if he is not in default of payment. He is entitled to collect the claims from his own customers. The customer already assigns the claims from the resale to Gummi-Noller-Maier, this assignment is hereby accepted by Gummi-Noller-Maier. The claims serve to secure the claims of Gummi-Noller-Maier to the same extent as the reserved goods themselves. For the sale of goods in which Gummi-Noller-Maier has co-ownership, the assignment of security only applies to the amount of the co-ownership share. If the reserved property is seized or otherwise impaired by third parties, the customer has to inform Gummi-Noller-Maier immediately.
In the event of breach of contract by the customer, in particular default in payment, Gummi-Noller-Maier is entitled to take back the goods or to revoke the direct debit authorization. The return of the purchased item is always a withdrawal from the contract. If the collection authorization is revoked, the customer must immediately inform his own customer and provide us with the materials and information necessary for collection. If the value of the collateral exceeds the value of the secured claims by more than 10 percent, Gummi-Noller-Maier is obliged to release collateral at the customer's request.
- 5 Warrenty
- a) Warrenty claim
A warranty claim can only arise with regard to the quality of the goods. Deviations of the goods, in particular deviations from samples or previous deliveries, are not subject to the warranty claim within the scope of the reasonable, in particular in accordance with the respectively valid DIN- / EN-standards.
- b) Risk of ownership
The risk of accidental loss or deterioration of the item passes to the customer upon transfer to the person intended for transport.
- c) Supplementary performance
In the event of a defect, Gummi-Noller-Maier will, at its option, provide supplementary performance in the form of remedying the defect or redelivery. If the supplementary performance fails or if Gummi-Noller-Maier definitively refuses to remedy the defect, the customer shall be entitled to withdraw from the contract or reduce the price if the legal requirements apply.
- d) Rights with insignificant defect
In the event of an insignificant defect, the customer is only entitled to a reasonable reduction in the purchase price, excluding the right of withdrawal.
- e) Compensation for defects
No warranty is given for damages due to improper handling or use of the goods. Indemnity for defects in the goods is provided by Gummi-Noller-Maier only in case of intent or gross negligence. This exclusion does not apply to liability for damage resulting from injury to life, limb or health.
- f) Limitation
Warranty claims expire one year after the transfer of risk.
- g) Reorting responsibility
The customer must immediately report obvious defects in writing; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. For the rest, §§ 377 ff. HGB apply. The customer bears the full burden of proof for all claims requirements, in particular for the defect itself, for the time of the discovery of the defect and for the timeliness of the complaint.
- 6 Liability
- a) Disclaimer
Gummi-Noller-Maier and its legal representatives and vicarious agents are only liable for intent or gross negligence under the following reservation. In the case of slight negligence, liability only relates to the breach of essential contractual obligations, and consequently to such obligations, the observance of which is of particular importance for the achievement of the purpose of the contract. The liability is limited to the predictable, contract-typical, direct average damage. Also in the case of a grossly negligent breach of non-essential contractual obligations liable Gummi-Noller-Maier only in the amount of predictable, contract-typical, direct average damage.
- b) Resposibility
The above disclaimer does not apply to liability for damage resulting from injury to life, limb or health.
- 7 Copyrights
- a) Copyrights of Gummi-Noller-Maier and licensing
The contents of the designs, drawings and other documents that Gummi-Noller-Maier hands over to the customer, including all authorized copies, are the intellectual property of Gummi-Noller-Maier. Gummi-Noller-Maier grants the customer a non-exclusive right of use to the extent that this is agreed in the contract upon delivery of the documents. Any other use requires the consent of Gummi-Noller-Maier.
- b) Intellectual property rights of third parties, exemption
If Gummi-Noller-Maier manufactures parts according to the customer's specifications, the latter assumes the guarantee that no third-party property rights are infringed. The customer undertakes to indemnify Gummi-Noller-Maier from all claims of third parties in this respect. If third parties, relying on their rights of protection, prohibit the production of the goods ordered by the customer, Gummi-Noller-Maier stops production immediately without the customer being able to make claims against Gummi-Noller-Maier. Gumm-Noller-Maier reserves the right to claim damages in the event of fault on the part of the customer.
- 8 Trial parts and manufactoring facilities
The costs for tools and molds and the production of test parts are at the expense of the customer.
The property rights to tools and molds required for the production of goods ordered by the customer are governed by respective contractual agreements. Irrespective of the property rights, Gummi-Noller-Maier undertakes, unless otherwise agreed by contract, to lift the production facilities 2 years after the last production. The costs for maintenance and care of the manufacturing devices during this time are borne by the customer.
- 9 Material to be provided by the customer
If the customer, in accordance with the contractual agreement, introduces his own materials into the production of the goods ordered by him, he shall deliver them to the production facility in the agreed quantity, in case of doubt with a reasonable surplus for any rejects, at his own risk and expense. If the customer does not comply with this agreement, additional costs will be borne by him.
- 11 Final provisions
- a) Jurisdiction and place of fulfillment
The exclusive place of jurisdiction for all legal disputes arising from this contract is the registered office of Gumm-Noller-Maier in Schorndorf, provided that the customer is a merchant, a legal entity under public law or special fund under public law or if the customer has no place of jurisdiction in the Federal Republic of Germany. Unless otherwise agreed, the place of fulfillment is the registered office of Gummi-Noller-Maier in Schorndorf.
- b) Choice of law
Unless mandatory statutory provisions under the customer's home-country law preclude German law, with the exclusion of the UN Sales Convention, as agreed.
- c) Salvatory clause