{"id":30111,"date":"2023-09-14T13:40:38","date_gmt":"2023-09-14T11:40:38","guid":{"rendered":"https:\/\/muenzinger.eu\/gtc\/"},"modified":"2025-01-24T10:14:36","modified_gmt":"2025-01-24T09:14:36","slug":"gtc","status":"publish","type":"page","link":"https:\/\/muenzinger.eu\/en\/gtc\/","title":{"rendered":"GTC"},"content":{"rendered":"

General Terms and Conditions <\/strong><\/h1>\n

 <\/p>\n

I. Scope of appli\u00adca\u00adtion<\/strong><\/p>\n

1. our fol\u00adlo\u00adwing terms and con\u00addi\u00adti\u00adons of deli\u00advery and pay\u00adment apply to busi\u00adness tran\u00adsac\u00adtions with per\u00adsons acting in the exer\u00adcise of their com\u00admer\u00adcial or inde\u00adpen\u00addent pro\u00adfes\u00adsio\u00adnal acti\u00advity (entre\u00adpre\u00adneurs).
\n2. our deli\u00adveries, ser\u00advices and offers are made exclu\u00adsi\u00advely on the basis of the fol\u00adlo\u00adwing terms and con\u00addi\u00adti\u00adons. Any con\u00adflic\u00adting or devia\u00adting terms and con\u00addi\u00adti\u00adons of the cus\u00adto\u00admer are her\u00adeby expressly rejec\u00adted. Our terms and con\u00addi\u00adti\u00adons shall also apply if we deli\u00adver wit\u00adhout reser\u00adva\u00adtion in the know\u00adledge of con\u00adflic\u00adting or devia\u00adting terms and con\u00addi\u00adti\u00adons of the cus\u00adto\u00admer. Devia\u00adti\u00adons from our terms and con\u00addi\u00adti\u00adons require our express writ\u00adten con\u00adsent.
\n3. Our terms and con\u00addi\u00adti\u00adons shall also apply to future deli\u00adveries and ser\u00advices within the frame\u00adwork of a per\u00adma\u00adnent busi\u00adness rela\u00adti\u00adonship, unless we con\u00adfirm them on devia\u00adting terms. <\/p>\n

II Offers and con\u00adclu\u00adsion of con\u00adtract, writ\u00adten form<\/strong><\/p>\n

1 Our offers are sub\u00adject to change and non-bin\u00adding, unless expressly sta\u00adted other\u00adwise. The docu\u00adments belon\u00adging to the offers such as bro\u00adchu\u00adres, illus\u00adtra\u00adti\u00adons, cost esti\u00adma\u00adtes, dra\u00adwings and other docu\u00adments shall remain our pro\u00adperty and may not be used, repro\u00addu\u00adced or made acces\u00adsi\u00adble to third par\u00adties wit\u00adhout our con\u00adsent. They must be retur\u00adned to us imme\u00addia\u00adtely if the order is not pla\u00adced.
\n2. A con\u00adtract with our cus\u00adto\u00admers is only con\u00adcluded when we accept the cus\u00adto\u00admer\u2019s order in wri\u00adting by issuing an order con\u00adfir\u00adma\u00adtion or by car\u00adry\u00ading out the deli\u00advery. The accep\u00adtance period for us is 4 (four) weeks from receipt of the order.
\n3. Gua\u00adran\u00adtees of qua\u00adlity or dura\u00adbi\u00adlity, agree\u00adments on qua\u00adlity or decla\u00adra\u00adti\u00adons on the use of the deli\u00advery item as well as col\u00adla\u00adte\u00adral agree\u00adments made before our order con\u00adfir\u00adma\u00adtion are only valid in case of doubt if we con\u00adfirm them in wri\u00adting. Agree\u00adments and infor\u00adma\u00adtion in our offers regar\u00adding the qua\u00adlity or use of the deli\u00advery item shall take pre\u00adce\u00addence over the infor\u00adma\u00adtion con\u00adtai\u00adned in our bro\u00adchu\u00adres, dra\u00adwings, descrip\u00adti\u00adons, price lists and other docu\u00adments. Infor\u00adma\u00adtion on phy\u00adsi\u00adcal pro\u00adper\u00adties, in par\u00adti\u00adcu\u00adlar on qua\u00adlity, thic\u00adk\u00adness or dimen\u00adsi\u00adons, are only to be unders\u00adtood as sug\u00adges\u00adti\u00adons, for the cor\u00adrect\u00adness of which we assume no lia\u00adbi\u00adlity. <\/p>\n

III Pri\u00adces<\/strong><\/p>\n

1. unless other\u00adwise agreed, our pri\u00adces shall apply ex our warehouse exclu\u00adding pack\u00ada\u00adging and trans\u00adport, exclu\u00adding costs for instal\u00adla\u00adtion, assem\u00adbly and unloa\u00adding, pro\u00advi\u00added that the access roads are pas\u00adsa\u00adble.
\n2. our pri\u00adces are exclu\u00adsive of value-added tax; this shall be shown sepa\u00adra\u00adtely on the invoice at the sta\u00adtu\u00adtory rate on the day of invoi\u00adcing. We reserve the right to increase our pri\u00adces to the ext\u00adent that we gene\u00adrally increase our pri\u00adces. <\/p>\n

IV. Terms of pay\u00adment<\/strong><\/p>\n

1. a pay\u00adment shall only be dee\u00admed to have been made when we can finally dis\u00adpose of the amount. In the case of pay\u00adments by check, pay\u00adment shall only be dee\u00admed effec\u00adted when the amount has been finally cre\u00addi\u00adted.
\n2. We are entit\u00adled, despite any pro\u00advi\u00adsi\u00adons to the con\u00adtrary, to off\u00adset pay\u00adments by the cus\u00adto\u00admer first against the cus\u00adto\u00admer\u2019s older debts. If costs and inte\u00adrest have alre\u00adady been incur\u00adred, we are entit\u00adled to off\u00adset the pay\u00adment against the costs, then against inte\u00adrest and finally against the prin\u00adci\u00adpal claim.
\n3. We are not obli\u00adged to accept checks. Any accep\u00adtance shall always be on account of pay\u00adment only. Bank, dis\u00adcount and coll\u00adec\u00adtion char\u00adges shall be borne by the cus\u00adto\u00admer and are due imme\u00addia\u00adtely after sett\u00adle\u00adment. We assume no lia\u00adbi\u00adlity for timely pre\u00adsen\u00adta\u00adtion or pro\u00adtest\u00ading.
\n4. If the cus\u00adto\u00admer does not meet his pay\u00adment obli\u00adga\u00adti\u00adons, in par\u00adti\u00adcu\u00adlar if he does not cash a check or stops his pay\u00adments or is in arre\u00adars with undis\u00adpu\u00adted claims for more than 14 days despite a remin\u00adder or if enforce\u00adment is unsuc\u00adcessful against him, we are entit\u00adled to make the entire remai\u00adning debt due, even if we have accepted checks. In this case, we are also entit\u00adled to demand advance pay\u00adments or secu\u00adrity depo\u00adsits for all con\u00adtracts and to with\u00addraw from these con\u00adtracts after a reasonable grace period has expi\u00adred wit\u00adhout result or to demand com\u00adpen\u00adsa\u00adtion ins\u00adtead of per\u00adfor\u00admance.
\n5. The cus\u00adto\u00admer is only per\u00admit\u00adted to off\u00adset such coun\u00adter\u00adclaims which are not dis\u00adpu\u00adted by us, are reco\u00adgni\u00adzed or have been legally estab\u00adlished. The cus\u00adto\u00admer shall also have no right of reten\u00adtion due to dis\u00adpu\u00adted coun\u00adter\u00adclaims. <\/p>\n

V. Reten\u00adtion of title<\/strong><\/p>\n

1. all goods deli\u00advered by us shall remain our pro\u00adperty until all lia\u00adbi\u00adli\u00adties ari\u00adsing from the busi\u00adness rela\u00adti\u00adonship, inclu\u00adding future claims, have been sett\u00adled in full. In the case of pay\u00adment by check, our claim is only ful\u00adfil\u00adled when the cor\u00adre\u00adspon\u00adding amount has been finally cre\u00addi\u00adted to us and no fur\u00adther recourse claims against us can be con\u00adside\u00adred.
\n2. The cus\u00adto\u00admer is obli\u00adged to treat the goods deli\u00advered by us with care. The cus\u00adto\u00admer her\u00adeby assigns to us any claims against the dama\u00adging party to which he is entit\u00adled in the event of damage, inso\u00adfar as they relate to our owner\u00adship or co-owner\u00adship.
\n3. The cus\u00adto\u00admer may neither assign the goods in our owner\u00adship as secu\u00adrity nor pledge them wit\u00adhout our express writ\u00adten con\u00adsent. The cus\u00adto\u00admer is obli\u00adged to inform us imme\u00addia\u00adtely in wri\u00adting of any sei\u00adzure of the goods by third par\u00adties and of any other impair\u00adment of our rights and in this case to inform the third party or enforce\u00adment offi\u00adcer imme\u00addia\u00adtely of our rights.
\n4. The cus\u00adto\u00admer is entit\u00adled, pro\u00advi\u00added he is not in default with his pay\u00adment obli\u00adga\u00adti\u00adons to us, to resell, install or pro\u00adcess the goods deli\u00advered by us in the ordi\u00adnary course of busi\u00adness. The pro\u00adces\u00adsing or trans\u00adfor\u00adma\u00adtion of the goods by the cus\u00adto\u00admer shall always be car\u00adried out on our behalf. If the goods are pro\u00adces\u00adsed with other items not belon\u00adging to us, we shall acquire co-owner\u00adship of the new item in the ratio of the value of the goods to the other pro\u00adces\u00adsed items at the time of pro\u00adces\u00adsing. If the goods sup\u00adplied by us are inse\u00adpa\u00adra\u00adbly mixed with other items not belon\u00adging to us, we shall acquire co-owner\u00adship of the new item in the ratio of the value of the goods to the other mixed items at the time of mixing. If the mixing takes place in such a way that the cus\u00adto\u00admer\u2019s item is to be regarded as the main item, it is agreed that the cus\u00adto\u00admer shall trans\u00adfer co-owner\u00adship to us on a pro rata basis. The cus\u00adto\u00admer shall keep the resul\u00adting sole owner\u00adship or co-owner\u00adship for us.
\n5. The cus\u00adto\u00admer her\u00adeby assigns to us all claims against its cus\u00adto\u00admers or third par\u00adties ari\u00adsing from the resale or instal\u00adla\u00adtion of the goods in our owner\u00adship or co-owner\u00adship, irre\u00adspec\u00adtive of whe\u00adther the purcha\u00adsed item has been resold wit\u00adhout or after pro\u00adces\u00adsing. In the event of the sale of goods co-owned by us, a part of the claims cor\u00adre\u00adspon\u00adding to our co-owner\u00adship share shall be assi\u00adgned to us. The cus\u00adto\u00admer shall be aut\u00adho\u00adri\u00adzed to coll\u00adect the claims assi\u00adgned to us in the ordi\u00adnary course of busi\u00adness; he shall not be per\u00admit\u00adted to dis\u00adpose of these claims in any other way, in par\u00adti\u00adcu\u00adlar assign\u00adments or pled\u00adges. Our aut\u00adho\u00adriza\u00adtion to coll\u00adect the claims our\u00adsel\u00adves shall remain unaf\u00adfec\u00adted by this. Howe\u00adver, we shall not coll\u00adect the claims as long as the cus\u00adto\u00admer meets his pay\u00adment obli\u00adga\u00adti\u00adons to us. At our request, the cus\u00adto\u00admer is obli\u00adged to inform us of the assi\u00adgned claims and their deb\u00adtors, to pro\u00advide all infor\u00adma\u00adtion neces\u00adsary for coll\u00adec\u00adtion, to hand over the rele\u00advant docu\u00adments and to inform the deb\u00adtors of the assign\u00adment.
\n6. In the event of breach of con\u00adtract by the cus\u00adto\u00admer, in par\u00adti\u00adcu\u00adlar default of pay\u00adment, we are entit\u00adled, but not obli\u00adged, to take back the deli\u00advered goods. Taking back the goods does not con\u00adsti\u00adtute a with\u00addra\u00adwal from the con\u00adtract unless we expressly declare this in wri\u00adting. We shall charge a lump sum of 10% of the net deli\u00advery value plus VAT for taking back the goods. The cus\u00adto\u00admer reser\u00adves the right to prove a lower expense, we reserve the right to prove a hig\u00adher expense.
\n7. We under\u00adtake to release the secu\u00adri\u00adties to which we are entit\u00adled inso\u00adfar as their rea\u00adlizable value exceeds the claim to be secu\u00adred by more than 20%. We shall be respon\u00adsi\u00adble for sel\u00adec\u00adting the secu\u00adri\u00adties to be released. <\/p>\n

VI Deli\u00advery time<\/strong><\/p>\n

1. unless other\u00adwise agreed, the deli\u00advery times sta\u00adted by us (i.e. deli\u00advery peri\u00adods and deli\u00advery dates) are only appro\u00adxi\u00admate. They shall be adhe\u00adred to as far as pos\u00adsi\u00adble. 2. deli\u00advery peri\u00adods shall com\u00admence on the date of the order con\u00adfir\u00adma\u00adtion, but not before all per\u00adfor\u00admance requi\u00adre\u00adments to be ful\u00adfil\u00adled by the cus\u00adto\u00admer have been met, in par\u00adti\u00adcu\u00adlar not before the docu\u00adments, appr\u00adovals and releases to be pro\u00adcu\u00adred by the cus\u00adto\u00admer have been pro\u00advi\u00added and not before receipt of pay\u00adment, which is due before deli\u00advery as agreed. 3. the deli\u00advery dead\u00adlines shall be dee\u00admed to have been met if the deli\u00advery item has left our warehouse or rea\u00addi\u00adness for dis\u00adpatch has been noti\u00adfied by the time they expire. 4. com\u00adpli\u00adance with our deli\u00advery obli\u00adga\u00adtion pre\u00adsup\u00adpo\u00adses the timely and pro\u00adper
\nful\u00adfill\u00adment of the cus\u00adto\u00admer\u2019s obli\u00adga\u00adti\u00adons. 5. dis\u00adrup\u00adti\u00adons in busi\u00adness ope\u00adra\u00adti\u00adons for which we are not respon\u00adsi\u00adble, in par\u00adti\u00adcu\u00adlar due to labor dis\u00adpu\u00adtes, cases of force majeure, unfo\u00adre\u00adseeable ope\u00adra\u00adtio\u00adnal dis\u00adrup\u00adti\u00adons, offi\u00adcial inter\u00adven\u00adti\u00adons, govern\u00adment import and export rest\u00adric\u00adtions, shorta\u00adges of raw mate\u00adri\u00adals requi\u00adred by us, dis\u00adrup\u00adti\u00adons in energy sup\u00adply, etc., both for us and for our sup\u00adpli\u00aders, shall extend the deli\u00advery time accor\u00addin\u00adgly, inso\u00adfar as such obs\u00adta\u00adcles demons\u00adtra\u00adbly have a con\u00adsidera\u00adble influence on the com\u00adple\u00adtion or deli\u00advery of the object of purchase. We shall also not be respon\u00adsi\u00adble for the afo\u00adre\u00admen\u00adtio\u00adned cir\u00adcum\u00ads\u00adtances if they arise during an alre\u00adady exis\u00adting delay. In important cases, the cus\u00adto\u00admer shall be infor\u00admed as soon as pos\u00adsi\u00adble of the begin\u00adning and end of such hin\u00addran\u00adces. 6. if we exceed the deli\u00advery time for reasons for which we are respon\u00adsi\u00adble, we shall be in default of deli\u00advery if the cus\u00adto\u00admer requests us in wri\u00adting to deli\u00adver within a period of at least 3 (three) weeks after expiry of the deli\u00advery period and we allow this period to elapse. In this case, the cus\u00adto\u00admer shall be entit\u00adled to demand a lump-sum com\u00adpen\u00adsa\u00adtion for delay amoun\u00adting to 0.5% of the deli\u00advery value for each full week of delay, up to a maxi\u00admum of 10% of the deli\u00advery value. Fur\u00adther claims by the cus\u00adto\u00admer are excluded unless one of the excep\u00adti\u00adons accor\u00adding to Sec\u00adtion X (2) and (3) applies or a spe\u00adci\u00adfic deli\u00advery dead\u00adline has been agreed as a bin\u00adding pri\u00admary obli\u00adga\u00adtion in the indi\u00advi\u00addual case.
\n7. If a cus\u00adto\u00admer sets us a reasonable dead\u00adline for per\u00adfor\u00admance or sub\u00adse\u00adquent per\u00adfor\u00admance after we have alre\u00adady defaul\u00adted, the cus\u00adto\u00admer shall be entit\u00adled to with\u00addraw from the con\u00adtract after this dead\u00adline has expi\u00adred wit\u00adhout result if we are respon\u00adsi\u00adble for this. The set\u00adting of a dead\u00adline is dis\u00adpensable under the legal requi\u00adre\u00adments of \u00a7 323 para. 2 BGB.
\n8. The cus\u00adto\u00admer is obli\u00adged, at our request, to declare within a reasonable period of time whe\u00adther he will with\u00addraw from the con\u00adtract or demand com\u00adpen\u00adsa\u00adtion ins\u00adtead of per\u00adfor\u00admance or insist on per\u00adfor\u00admance.
\n9. If dis\u00adrup\u00adti\u00adons of the kind descri\u00adbed in para\u00adgraph (5) are not only of a tem\u00adpo\u00adrary nature, but make our per\u00adfor\u00admance per\u00adma\u00adnently impos\u00adsi\u00adble, we are entit\u00adled to with\u00addraw from the con\u00adtract in whole or in part. The cus\u00adto\u00admer shall not be entit\u00adled to claim dama\u00adges due to such a with\u00addra\u00adwal. <\/p>\n

VII Trans\u00adfer of risk and ship\u00adment<\/strong><\/p>\n

1. the risk of having to pay the price despite loss or damage shall pass to the cus\u00adto\u00admer as soon as the ship\u00adment has been han\u00added over to the per\u00adson car\u00adry\u00ading out the trans\u00adport or has left our warehouse for the pur\u00adpose of ship\u00adment, even if we have excep\u00adtio\u00adnally assu\u00admed fur\u00adther ser\u00advices, e.g. ship\u00adping costs, deli\u00advery or instal\u00adla\u00adtion. The same shall apply to par\u00adtial deli\u00adveries.
\n2. If dis\u00adpatch is delayed due to cir\u00adcum\u00ads\u00adtances for which the cus\u00adto\u00admer is respon\u00adsi\u00adble, the risk shall pass to the cus\u00adto\u00admer upon noti\u00adfi\u00adca\u00adtion of rea\u00addi\u00adness for dis\u00adpatch; howe\u00adver, we shall be obli\u00adged to take out the insu\u00adrance reques\u00adted by the cus\u00adto\u00admer at the cus\u00adto\u00admer\u2019s request and expense.
\n3. At the cus\u00adto\u00admer\u2019s request, we shall take out trans\u00adport insu\u00adrance at the cus\u00adto\u00admer\u2019s expense. <\/p>\n

VIII Par\u00adtial deli\u00adveries<\/strong><\/p>\n

1. we are entit\u00adled to make par\u00adtial deli\u00adveries unless the cus\u00adto\u00admer has expressly poin\u00adted out to us at the time of con\u00adclu\u00adsion of the con\u00adtract that he has no inte\u00adrest in par\u00adtial deli\u00adveries.
\n2. each par\u00adtial deli\u00advery shall be invoi\u00adced sepa\u00adra\u00adtely by us and shall be paid for by the cus\u00adto\u00admer in accordance with our terms and con\u00addi\u00adti\u00adons.<\/p>\n

IX. Rights of the cus\u00adto\u00admer in the event of defects, lia\u00adbi\u00adlity<\/strong><\/p>\n

1. the cus\u00adto\u00admer\u2019s rights in the event of defects shall be gover\u00adned exclu\u00adsi\u00advely by the fol\u00adlo\u00adwing pro\u00advi\u00adsi\u00adons. Any fur\u00adther claims of the cus\u00adto\u00admer are excluded.
\n2. The cus\u00adto\u00admer is respon\u00adsi\u00adble for ensu\u00adring that dra\u00adwings and other infor\u00adma\u00adtion pro\u00advi\u00added by him are sui\u00adta\u00adble and dimen\u00adsio\u00adnally accu\u00adrate, cor\u00adre\u00adspond to the actual con\u00addi\u00adti\u00adons and do not inf\u00adringe the pro\u00adperty rights of third par\u00adties. If this is not the case, the cus\u00adto\u00admer shall reim\u00adburse us for any addi\u00adtio\u00adnal costs incur\u00adred as a result. If there are excep\u00adtio\u00adnal cli\u00adma\u00adtic con\u00addi\u00adti\u00adons at the instal\u00adla\u00adtion site, the cus\u00adto\u00admer must inform us of this when pla\u00adcing the order. We accept no lia\u00adbi\u00adlity for damage and defects resul\u00adting from incor\u00adrect or incom\u00adplete spe\u00adci\u00adfi\u00adca\u00adti\u00adons by the cus\u00adto\u00admer.
\n3. We accept no lia\u00adbi\u00adlity for damage and defects resul\u00adting from nor\u00admal or exces\u00adsive wear and tear, incor\u00adrect or negli\u00adgent hand\u00adling by the cus\u00adto\u00admer or third par\u00adties, incor\u00adrect assem\u00adbly, unsui\u00adta\u00adble ope\u00adra\u00adting mate\u00adri\u00adals, repla\u00adce\u00adment mate\u00adri\u00adals, defec\u00adtive con\u00ads\u00adtruc\u00adtion work, unsui\u00adta\u00adble buil\u00adding ground, wea\u00adther con\u00addi\u00adti\u00adons, ther\u00admal, che\u00admi\u00adcal, elec\u00adtro\u00adche\u00admi\u00adcal or elec\u00adtri\u00adcal influen\u00adces, unless these cir\u00adcum\u00ads\u00adtances are due to our fault. Only insi\u00adgni\u00adfi\u00adcant devia\u00adti\u00adons from the qua\u00adlity owed, in par\u00adti\u00adcu\u00adlar cus\u00adto\u00admary quan\u00adtity and qua\u00adlity tole\u00adran\u00adces, do not con\u00adsti\u00adtute a mate\u00adrial defect.
\n4. The cus\u00adto\u00admer must give writ\u00adten notice of obvious defects within 2 (two) weeks of deli\u00advery. For mer\u00adchants, the sta\u00adtu\u00adtory pro\u00advi\u00adsi\u00adons of \u00a7 377 HGB (Ger\u00adman Com\u00admer\u00adcial Code) and the resul\u00adting obli\u00adga\u00adti\u00adons to inspect and give notice of defects shall also apply. These dead\u00adlines are pre\u00adclu\u00adsive dead\u00adlines. (5) In the event of jus\u00adti\u00adfied mate\u00adrial defects that have been duly noti\u00adfied in good time and whose cause alre\u00adady exis\u00adted at the time of the trans\u00adfer of risk, we shall, at our dis\u00adcre\u00adtion, pro\u00advide sub\u00adse\u00adquent per\u00adfor\u00admance by reme\u00addy\u00ading the defect or deli\u00adve\u00adring a defect-free item in return for the return of the defec\u00adtive deli\u00advery item. 6. we only war\u00adrant that the deli\u00advery item is free from indus\u00adtrial pro\u00adperty rights and copy\u00adrights of third par\u00adties (her\u00adein\u00adaf\u00adter: pro\u00adperty rights) in the coun\u00adtry of the place of deli\u00advery; a defect shall not exist if and to the ext\u00adent that the cus\u00adto\u00admer is respon\u00adsi\u00adble for the inf\u00adrin\u00adge\u00adment of pro\u00adperty rights or the cus\u00adto\u00admer\u2019s inf\u00adrin\u00adge\u00adment of pro\u00adperty rights is cau\u00adsed by an appli\u00adca\u00adtion not fore\u00adseeable by us or by the fact that the deli\u00advery item is modi\u00adfied by the cus\u00adto\u00admer or used tog\u00ade\u00adther with pro\u00adducts not sup\u00adplied by us. If a third party rai\u00adses jus\u00adti\u00adfied claims against the cus\u00adto\u00admer due to the inf\u00adrin\u00adge\u00adment of pro\u00adperty rights by deli\u00adveries made by us and used in accordance with the con\u00adtract, the cus\u00adto\u00admer must inform us of this imme\u00addia\u00adtely in wri\u00adting and coor\u00addi\u00adnate his defense mea\u00adsu\u00adres with us.
\n7. In the event of a jus\u00adti\u00adfied defect in pro\u00adperty rights, we shall, at our dis\u00adcre\u00adtion, eit\u00adher obtain a right of use or modify our per\u00adfor\u00admance in such a way that the pro\u00adperty right is not inf\u00adrin\u00adged or replace it (sub\u00adse\u00adquent per\u00adfor\u00admance). The same shall apply in the case of other defects of title.
\n8. If we refuse sub\u00adse\u00adquent per\u00adfor\u00admance or if this fails or is unre\u00adasonable for the cus\u00adto\u00admer, the cus\u00adto\u00admer may with\u00addraw from the con\u00adtract or reduce the purchase price.
\n9. The cus\u00adto\u00admer may assert claims for dama\u00adges within the scope of the sta\u00adtu\u00adtory pro\u00advi\u00adsi\u00adons if a defect is frau\u00addu\u00adlently con\u00adcea\u00adled or if we have excep\u00adtio\u00adnally assu\u00admed a gua\u00adran\u00adtee of qua\u00adlity. <\/p>\n

Fur\u00adther claims for dama\u00adges due to defects of the deli\u00advery item are excluded unless one of the excep\u00adti\u00adons accor\u00adding to Sec\u00adtion X (2) and (3) applies.
\n10. Claims for defects of the cus\u00adto\u00admer shall become sta\u00adtute-bar\u00adred after 12 months from the trans\u00adfer of risk, unless we are lia\u00adble for intent and unless the deli\u00advery item has been used for a buil\u00adding in accordance with its nor\u00admal use and has cau\u00adsed its defec\u00adti\u00adve\u00adness. This limi\u00adta\u00adtion period shall apply to any claims, in par\u00adti\u00adcu\u00adlar also claims for com\u00adpen\u00adsa\u00adtion for con\u00adse\u00adquen\u00adtial damage cau\u00adsed by defects, which are rela\u00adted to any defects.
\n11. Claims of the cus\u00adto\u00admer for expen\u00adses incur\u00adred for the pur\u00adpose of sub\u00adse\u00adquent per\u00adfor\u00admance, in par\u00adti\u00adcu\u00adlar trans\u00adport, tra\u00advel, labor and mate\u00adrial costs, are excluded if the expen\u00adses increase because the deli\u00advery item has sub\u00adse\u00adquently been moved to a loca\u00adtion other than the cus\u00adto\u00admer\u2019s branch office, unless the relo\u00adca\u00adtion cor\u00adre\u00adsponds to the inten\u00added use. <\/p>\n

X. Lia\u00adbi\u00adlity, com\u00adpen\u00adsa\u00adtion for dama\u00adges<\/strong><\/p>\n

1. unless other\u00adwise sta\u00adted in these terms and con\u00addi\u00adti\u00adons of deli\u00advery and pay\u00adment, claims for dama\u00adges and reim\u00adbur\u00adse\u00adment of expen\u00adses of the cus\u00adto\u00admer of any kind, regard\u00adless of the legal grounds, (her\u00adein\u00adaf\u00adter coll\u00adec\u00adtively refer\u00adred to as \u201cclaims for dama\u00adges\u201d) are excluded. We are the\u00adr\u00ade\u00adfore not lia\u00adble in par\u00adti\u00adcu\u00adlar for loss of pro\u00adfit or other finan\u00adcial los\u00adses of the cus\u00adto\u00admer.
\n2. The exemp\u00adtion from lia\u00adbi\u00adlity in accordance with para\u00adgraph 1 does not apply to dama\u00adges resul\u00adting from injury to life, body or health, which are based on a breach of duty for which we are at least negli\u00adgent and for which we are lia\u00adble under the Pro\u00adduct Lia\u00adbi\u00adlity Act or which are based on a breach of duty by us or our legal repre\u00adsen\u00adta\u00adti\u00adves or vica\u00adrious agents that is at least grossly negli\u00adgent.
\n3.Furthermore, the exemp\u00adtion from lia\u00adbi\u00adlity shall not apply to dama\u00adges which are based on a breach of a car\u00addi\u00adnal con\u00adtrac\u00adtual obli\u00adga\u00adtion for which we are respon\u00adsi\u00adble and which is at least negli\u00adgent, inso\u00adfar as the achie\u00adve\u00adment of the pur\u00adpose of the con\u00adtract is jeo\u00adpar\u00addi\u00adzed by the breach. In the case of defects, such an end\u00adan\u00adger\u00adment shall only exist in the case of signi\u00adfi\u00adcant defects and at the ear\u00adliest when the requi\u00adre\u00adments of Sec\u00adtion IX para. IX para. (8) are met. In the event of a breach of a car\u00addi\u00adnal con\u00adtrac\u00adtual obli\u00adga\u00adtion, our lia\u00adbi\u00adlity shall be limi\u00adted to the fore\u00adseeable damage typi\u00adcal for the con\u00adtract, unless there is intent or gross negli\u00adgence or the damage results from at least negli\u00adgent injury to life, limb or health.
\n4. Inso\u00adfar as our lia\u00adbi\u00adlity is excluded or limi\u00adted, this shall also apply to the per\u00adso\u00adnal lia\u00adbi\u00adlity of our employees, workers, staff, repre\u00adsen\u00adta\u00adti\u00adves and vica\u00adrious agents. <\/p>\n

XI. Default of accep\u00adtance<\/strong><\/p>\n

1. if the cus\u00adto\u00admer refu\u00adses accep\u00adtance after expiry of a reasonable grace period of at least 4 (four) weeks set for him or expressly decla\u00adres before\u00adhand that he does not wish to accept, we may with\u00addraw from the con\u00adtract and demand com\u00adpen\u00adsa\u00adtion for dama\u00adges ins\u00adtead of per\u00adfor\u00admance in the amount of 15% of the con\u00adtract sum; the cus\u00adto\u00admer reser\u00adves the right to prove lower dama\u00adges, we reserve the right to prove hig\u00adher dama\u00adges.
\n2In the event of a delay in accep\u00adtance of more than 2 (two) weeks, we shall be entit\u00adled to demand a lump-sum com\u00adpen\u00adsa\u00adtion for delay of 0.25% of the deli\u00advery value for each full week of delay, up to a maxi\u00admum of 10% of the deli\u00advery value. The cus\u00adto\u00admer reser\u00adves the right to pro\u00advide evi\u00addence of lower dama\u00adges and we reserve the right to pro\u00advide evi\u00addence of hig\u00adher dama\u00adges. <\/p>\n

XII. Appli\u00adca\u00adble law, place of per\u00adfor\u00admance, place of juris\u00addic\u00adtion<\/strong><\/p>\n

1. these terms and con\u00addi\u00adti\u00adons and the entire legal rela\u00adti\u00adonship bet\u00adween us and the cus\u00adto\u00admer shall be gover\u00adned exclu\u00adsi\u00advely by Ger\u00adman law \u2013 even in the case of for\u00adeign tran\u00adsac\u00adtions. The appli\u00adca\u00adbi\u00adlity of for\u00adeign law is excluded, as is the appli\u00adca\u00adtion of the UN Con\u00adven\u00adtion on Con\u00adtracts for the Inter\u00adna\u00adtio\u00adnal Sale of Goods (CISG).
\n2. In busi\u00adness tran\u00adsac\u00adtions with mer\u00adchants, legal enti\u00adties under public law or spe\u00adcial funds under public law, the place of juris\u00addic\u00adtion for all dis\u00adpu\u00adtes, inclu\u00adding actions on bills of exch\u00adange and che\u00adques, shall be Reut\u00adlin\u00adgen. This place of juris\u00addic\u00adtion shall also apply if the cus\u00adto\u00admer has no gene\u00adral place of juris\u00addic\u00adtion in Ger\u00admany. Howe\u00adver, we are also entit\u00adled to sue the cus\u00adto\u00admer at the court of his place of busi\u00adness.
\n3. Unless other\u00adwise sta\u00adted in the order con\u00adfir\u00adma\u00adtion, Reut\u00adlin\u00adgen is the place of per\u00adfor\u00admance. <\/p>\n

XIII Final pro\u00advi\u00adsi\u00adons, data pro\u00adtec\u00adtion<\/strong><\/p>\n

1. should one or more pro\u00advi\u00adsi\u00adons of these terms and con\u00addi\u00adti\u00adons of deli\u00advery and pay\u00adment be or become inva\u00adlid, the remai\u00adning pro\u00advi\u00adsi\u00adons shall nevert\u00adhel\u00adess remain in full force and effect. The inva\u00adlid pro\u00advi\u00adsion shall be repla\u00adced by a valid pro\u00advi\u00adsion that achie\u00adves the eco\u00adno\u00admic pur\u00adpose of the inva\u00adlid pro\u00advi\u00adsion as far as pos\u00adsi\u00adble.
\n2. Our terms and con\u00addi\u00adti\u00adons shall apply until the busi\u00adness rela\u00adti\u00adonship has been fully com\u00adple\u00adted.
\n3. We would like to point out that we store the cus\u00adto\u00admer\u2019s data within the scope of the pur\u00adpose of the con\u00adtrac\u00adtual rela\u00adti\u00adonship. You can find our infor\u00adma\u00adtion on data pro\u00adces\u00adsing at https:\/\/www.muenzinger.eu\/agb Sta\u00adtus June 2018 <\/p>\n","protected":false},"excerpt":{"rendered":"

Gene\u00adral Terms and Con\u00addi\u00adti\u00adons   I. 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