|Purchase, exchange, delivery and payment terms
All deliveries and services of "WAHO" such as purchases and sales as well as bartering of machines, parts and accessories are subject to these conditions as well as any separate contractual agreements.
Deviating conditions of contractual partners / customers will not be part of the contract even if "WAHO" accepts their offers.
Upon conclusion of the respective contract, the contractual partner / customer accepts the present conditions of "WAHO" as sole binding.
2. Prices and payment
The prices are valid in the absence of a special agreement ex location or warehouse "WAHO". Postage, packaging and insurance will only be borne by "WAHO", if this is expressly agreed - otherwise these costs will be borne by the contracting party / customer.
For domestic transactions VAT is charged. This is not included in the prices and is charged additionally by "WAHO".
Free loading on trucks is, unless otherwise agreed, only included in the delivery from stock.
Unless a due date for the purchase price payment is expressly agreed, the contractual partner / customer of "WAHO" in default of payment, if he has not paid within 30 days from receipt of the invoice or an equivalent payment schedule.
If the date of receipt of the invoice or the equivalent payment order is in dispute, the date of invoice shall be deemed to be the beginning of the period.
3. Delivery time, delivery delay
The delivery times stated by "WAHO" are only "Ca. delivery dates" - unless it is called a delivery date / deadline.
A fixed delivery date = fixed date is in the case of self-delivery of "WAHO" subject to a correct and timely delivery by the supplier.
If "WAHO" is not supplied correctly and / or on time by its suppliers, a delivery period / delivery date agreed with the contractual partner / customer is tacitly extended accordingly.
4. Place of performance or performance
Place of performance and fulfillment of deliveries and services of "WAHO" is basically Staufenberg as the place of business.
If "WAHO" despatches the delivery item to a place other than the aforementioned place of performance and fulfillment at the request of the contracting party / customer, the risk of accidental loss or loss and accidental deterioration of the delivery item passes to the freight forwarder, the carrier or any receiving person commissioned by the contracting party / customer.
These rules of risk apply even if there is a barter contract.
Partial deliveries are permissible if they are reasonable for the contractual partner / customer.
5. Retention of title
"WAHO" reserves ownership of the delivery item until receipt of all payments under the delivery contract.
If the contractual partner / customer resells the delivery item within the framework of a proper course of business, he assigns the proceeds of sale to "WAHO" at the time of resale of the delivery item. "WAHO" already accepts this suspensive conditional assignment.
The contractual partner / customer of "WAHO" is only entitled to resell if it is ensured that the claim to the sales proceeds from the resale is transferred to "WAHO"
6. Warranty for defects
In the case of transactions involving new machines, the warranty provisions in accordance with §§ 434 ff BGB apply.
Used machines, used machine parts and accessories as well as "new second-hand machines" are sold by WAHO only in the condition in which the items are at the time of the purchase or completion of the exchange contract, and with the available accessories. Technical documents for the delivery item are only owed and delivered in kind and extent, as explicitly stated in the purchase or exchange agreement. Further documents are not owed.
"WAHO" makes a warranty under exclusion of further claims for material defects as follows: all those parts are to be repaired or replaced by "WAHO", which prove to be defective as a result of a circumstance before and at the time of delivery of the delivery item.
Wear is no defect.
The determination of such defects must be reported in writing to WAHO by the contractual partner / customer without delay in accordance with § 377 HGB.
Replaced parts become property of "WAHO".
Claims for compensation for any consequential damages are excluded.
The above conditions are an integral part of the contract. The contract remains binding even if individual provisions are ineffective.
7. Applicable law, place of jurisdiction
All legal relationships between "WAHO" and the contracting party / customer are exclusively governed by the law of the Federal Republic of Germany governing the legal relations between domestic parties.
This right is also deemed agreed if a foreign contract partner / customer is a registered trader.
Jurisdiction is for the court responsible for the seat of "WAHO".
However, "WAHO" is entitled to sue at the headquarters of the contracting party / customer.