Terms of Service
1.1 These terms and conditions apply to all deliveries and services of the seller, unless otherwise agreed in the order confirmation or in other contractual documents.
2. Conclusion of contract
2.1. The purchase contract is only deemed to have been concluded once the seller has confirmed the order in writing. Changes to the contract must be in writing.
2.2. The seller’s offers are non-binding.
3.1. Unless otherwise agreed, the prices apply ex works or ex warehouse of the seller without packaging.
4. Delivery and Passing of Risk
4.1. The date stated on the order confirmation applies as the time of delivery. If the buyer is in arrears with payments from another contract with the seller, the seller is not obliged to make any delivery for the duration of the delay.
4.2. In the event of a delay in delivery, the seller must be granted a reasonable grace period.
4.3. Even in cases of force majeure, i.e. war, uprising, fire, embargo, pandemics, labor disputes and other circumstances independent of the will of the parties, the seller has a reasonable grace period for the delivery.
4.4. Any penalty or compensation for late delivery by the seller is excluded.
4.5. Prior to the expiration of any reasonable grace period set by the Seller, the Buyer may only seek redress if they have received notice from the Seller that they will not perform their obligations within the grace period.
4.6. Unless otherwise agreed, the goods are deemed to be sold “ex works”.
4.7. The “Incoterms” in the last revised version apply to the transfer of risk and the agreed place of delivery.
4.8. It is the buyer’s responsibility to immediately complain to the transport company if the goods are lost or damaged during transport. If self-collection has been agreed upon, the seller reserves the right to commission a carrier 1 week after the confirmed date and to deliver the goods provided at the risk and expense of the addressee.
5. Invoicing, Payment and Retention of Title
5.1. The seller reserves the right to invoice deliveries and services using digitally signed electronic invoices. The contractual partner expressly agrees to billing by means of electronic invoices (electronic invoicing).
5.2. Payments are to be made in accordance with the order confirmation or other contractual agreements. Unless otherwise agreed, the seller’s invoices are to be paid immediately upon receipt without deduction.
5.3. In the event of a delay in payment, default interest of 8% above the applicable base interest rate will be charged from the due date (RL2000 / 35 EC).
5.4. Deliveries are made exclusively under retention of title. The buyer therefore only acquires ownership of the delivered goods after full payment of the purchase price. In the event of seizure or other claims on the delivered items, the buyer is obliged to assert the seller’s right of ownership and to inform the seller immediately.
5.5. Any offset against claims by the seller with counterclaims of any kind is excluded.
5.6. After the contract has been concluded, bowe-beregnung GmbH grants the customer the option of unilaterally withdrawing from the contract in accordance with §353 BGB in return for the payment of a cancellation fee of 20% of the net invoice amount. The withdrawal is ineffective if the cancellation fee is not paid before or at the time of the declaration and bowe-beregnung GmbH immediately rejects the declaration for this reason. Before submitting such a declaration, the customer must ensure that bowe-beregnung GmbH meets the requirements for such a withdrawal.
5.7. Returns are only possible with the written consent of the seller and a handling fee of 30% of the value of the goods is charged. The goods must be in perfect condition.
6.1 The warranty only includes defects in the delivered goods that are due to errors in construction, material or workmanship.
6.2. A warranty is only provided for those defects that have occurred within a period of 24 months from the date of delivery to the end user. However, the warranty period ends 36 months from the date of delivery ex works or the seller’s distribution center, if this period expires before the warranty period of 24 months expires. An extension or a new start of the warranty period does not occur because of a defect rectification.
6.3. The buyer can only invoke this article if he immediately notifies the seller in writing of the defect that has occurred in accordance with the applicable warranty conditions.
6.4. In the event of a legitimate claim by the buyer, the seller shall decide to:
a) either instruct the buyer to repair the defective goods himself, have them repaired at the expense of the seller or to send them back to the seller for repair (carriage paid)
b) replace the defective goods or parts thereof to the buyer. It is expressly agreed that the seller will not provide any compensation for damages of any kind, consequential damages or lost profits.
6.5. The seller’s warranty obligation only applies if the buyer strictly complies with the operating instructions. The warranty obligation is excluded in the event of improper handling or maintenance and normal wear and tear.
7. Jurisdiction, applicable law, place of performance
7.1 The place of jurisdiction for all legal disputes arising from or in connection with the contract is Daun.
7.2 The contract is subject to German law.
7.3 The place of performance for delivery and payment is Daun, unless expressly agreed otherwise.