Terms and conditions

1. Validity 
1.1. The entire business relationship with deliveries and All kinds of services by us, especially for all Contractual relationships, subject to the following general conditions of sale, delivery and payment of EMS UG Mannheim. These general sales, delivery and Payment of ems-ug do not apply Supplies and all kinds of services that we of the Third related (shopping, etc.). 
1.2. Terms and Conditions of our business partners are not Part of the contract unless they are expressly from us acknowledged in writing. 
1.3. Parts of the contract are 
- Purchase / delivery 
- the contractual arrangements pursuant to the Offer and Order confirmation 
- The specifications referred Offer 
- These general conditions of sale, delivery and payment 
- the statutory provisions of the Civil Code the former attempting the procedure in each case.

 

2. Sales 
2.1. Our offers are not binding and subject to change. the stated in the tender unit prices based on the Calculation of the total bid. the contractor timer is noted that in quantity / execution changes before signing the contract, especially in reduction tion / elimination of single or multiple services of the offer, be changes in the unit prices reduced for both the Services as well as other services offered can arise. 
2.2. All agreements on pricing and contract details are only considered after written confirmation by our company. 
2.3. Verbal agreements are invalid. 
2.4. Cost estimates, drawings and all other We reserve the right documents the ownership and copyright in front of; they may not, without our consent available to third parties be made Lich and exclusively within the Contract are used. Failure to grant the 
Order they are returned immediately.

 

3. Delivery 

 

Deliveries will be made, unless otherwise agreed, from the Headquarters of our company. Deliveries will be made on account and risk of the customer. 


4. Delivery dates / deadlines 
4.1. The delivery times stated are together with the Supervisory contracting entity denied. The delivery dates are, unless expressly agreed otherwise in writing, never binding. 
4.2. The delivery dates are further dependent on the assumption that the contracting 
donor back his obligations under the contract clearly agreed payments, payment and securities other obligations in time. compliance the delivery period requires in particular that the Detailfestle- tion the order timely made ​​by the client, this particular 
- All detailed plans are released on time; 
- Wood patterns are clarified in time; 
- the profile detail can be taken in time (machined according plastered walls, fertigbeplankte plasterboard stud walls, Floors or height meter level are binding proof); 
- by the contracting all purchased parts such as lamps, Beds, chairs, couches, carpet, etc. set time be or provision of the same by the Contractor encoders are delivered on time; The delivery time up to the beginning the installation is in each case from the complete order declaration, so fulfilling all the above conditions ments, eight weeks.

 

5. Decrease 
5.1. Minor defects do not justify a refusal of Decrease. 
5.2. If the client accepts our performance despite their acceptance ability does not go down it is equal to the decrease when the Client not certain the work within one of us 
th reasonable period decreases, although he required to do so is. As a reasonable period apply in this case usually 12 working days. The customer is free to prove that this rule period in individual cases is inappropriate. 
5.3. If the service after completion due to circumstances, we are not responsible, not agreed to contractually delivered and accepted disclosed at the time, so the risk 
transferred to the client. Furthermore, we have in this case resulting storage costs to be replaced by the customer. 


6. Prices 

When the contract price is to be Net price, unless expressly agreed in writing bart is. The client is obliged additionally in time point of origination of the legal tax liability applicable To pay value added tax.

 

7. Terms of payment 
7.1. Unless otherwise agreed, all invoices due immediately upon receipt of the invoice for payment. 
7.2. If rebates and / or discounts are agreed, the Contractor donor to deduct only justified if all invoices are paid in full, unless the client is a Right to withhold the payment to. 

7.3. We are in the event that it is in our services a plant capacity is entitled to appropriate progress payments Speaking off to the stage for non-to require closed parts of the work. 
7.4. Paragraph 7.3 above also applies to the purchase agreement. 
7.5. The adoption of exchange and checks are only performance. Discount and collection charges and as any other conditions costs shall be borne by the customer. 
7.6. A set-off against our claims with counterclaims chen of any kind is allowed only if the claims have been recognized by us or legally established. 
7.7. A lien, the client only maintains make if it is based on the same contractual relationship.

7. 8. We are entitled to refuse performance if the Performance of the client seems doubtful and thus the claim is at risk for consideration. A period within the meaning of § 321 II BGB 1 shall be deemed adequate if you at least 10 calendar days, with the Supervisory contracting entity to prove the inadequacy of the period in Individual case is open. The law is due to us in particular, when measures of enforcement proceedings against the Carried contracting us the uncovered checks is known by the client, if changes or Go checks of the client to protest or the contracting asked encoder application for opening of insolvency proceedings has. The right of refusal does not apply if us off given sufficient security for the payment of the principal is. 
7.9. Unless otherwise agreed, payment shall be deemed condition agreed, 03.01 as a deposit when placing the order against the Position of a deposit guarantee, third before beginning installation and third installments on within 10 days of Invoicing.

7.10. Upon completion of the order, we are entitled to withdraw from Authority to surrender a full banking guarantee to demand on the gross contract price, the 
Expiration not earlier than 6 months after the scheduled completion preparation date must be, if it is a Außenhan- trading business is, that the seat of authority is not 
located in the Federal Republic of Germany or in the course of Contract has been transferred. 
7.11. If it is in the Authority is not in a 7:10 said person / company, we are entitled to the excess task of an unconditional, unlimited bank guarantee for the To require gross contract price, even if the Not present requirements of § 648 a BGB. 
7.12. In case of receipt of the securities at 7.10 or 7.11 are we are committed to releasing the warranty / guarantee amounting payments received less compensation demand for 
after placing the order issued additives / supplements to explain. 
7.13. At our client submitted payment guarantees accordance with clause 7.9. are at the latest after creating the first waste impact statement or at the latest at the start of assembly to us return.

 

8. Retention of title 
8.1. The delivered goods until full payment of our Property, commercial transactions until the redemption of all of the business relationship already incurred claims and 
the goods delivered in close connection with the still resulting secondary claims (use interest, Delay damages). 
8.2. If payment of the customer, we are to take back entitled to the reserved goods after notice, without that a withdrawal from the contract is required. 
8.3. The client is obliged to objects for the Reservation of the property against fire, burglary steel and water damage to insure. comparison insurance claims are in the height of the Gegenstand- value or assigned in the amount of the residual claim on us. 
8.4. The client is obliged to seizure of property reserve against states to notify us immediately in writing and the pledgee of the retention of title to teach.

8.5. The customer is generally not entitled to it delivered under retention of title or the 
by 8.7 in our co-stationary objects to sell, give away, pledge or security to transfer ownership. If the delivery is for a client from entertaining business, so the items may in 
Part of the normal, ordinary course of business be resold. In this case, the receivables are the client against the purchaser from the sale already assigned to us; we accept the assignment hereby. The client is revocable to collect the entitled to receivables assigned to us. We reserve the revocation before the authorization of debt collection; we will make hiervonnicht use as long as the contracting default on its payment obligations towards third parties nachkommt and not in default. 
8.6. For resale of items on credit has become the Client to his customer ownership reserve. The rights and claims of this equity reservation of title against his customer enters the contracting encoder from us hereby; we take this transfer at.

8.7. If the retention of title by the client processed into new movable property, so the processing is done processing for us, without us having any obligations. the 
new thing is our property. For composite processing us not belonging goods, we shall acquire co-ownership of derneu manufactured goods in proportion to the value of the under Retention of title The goods standing with the rest used Goods. If the client the sole owner by comparison connection, mixing or blending with our goods created thing, shall transfer to us already at staff ownership of this item in the ratio of the value of under Retention of title related goods to the other verwende- ten objects. The principal must in these cases in our ownership / co-ownership related items free of charge to keep for us. 
8.8. If the retention of title objects by contracting ber or on behalf of the client as essential constituents parts installed in the premises of a third party, shall enter the assembly contracting entity is already against the third party or the other it goes about emerging demands for compensation in the amount of Value of the property reserved goods with all ancillary right, including the granting of a Sicherungshypo- brary to us; we take the assignment.

8.9. Be retained title as essential Components installed in the property of the client, so 
the customer already now from a sale of the Property or arising from property rights 
Claims amounting to the value of the retention of title objects with all ancillary rights to us; we take the Assignment. 
8.10. All of the above assignments, we hereby accept. At our request, the client has his debtors of to name assigned claims and the assignment view. We are also entitled to cession inform the debtors themselves. 
8.11. Complies with the customer's obligations to us not, or not on time or he acts in any manner to the goods delivered under retention of title one, we may without notice issuing and disseminating the items immediately demand, without prejudice to which we are entitled to claim Performance of the contract.

8.12. At the request of the client we are to retransfer of property or release of retention of title under committed stationary objects if the realizable Wertder securities granted the claim secured exceeds 10%. This is especially true if and when we of our right to provide a bank guarantee / surety And we have exercised by the principal one such che have received. Is the entire claim on Secured bank guarantee / surety, loses the right to Retention of title. 


9. Warranty 
9.1. The public in our utterances, such as catalogs, Prospectuses, circulars, advertisements, illustrations, advertisements belonging information and price lists contained on properties ren only to nature, to the extent they total part of the contract 
have been.

9.2. We reserve the right to supply commercial technical Changes, in particular improvements, if this means enter only minor changes in the nature and the client shall not unreasonably impaired. 
9.3. Information on the durability or quality of our goods or Performance contained no warranty (guarantee) within the meaning of § 276 I BGB and no quality or durability 
warranty within the meaning of § 443 BGB, if we no such have expressly assumed in writing. 
9.4. The client is advised that a total wood grown natural product and therefore color and Maserungs- differences can occur. These are no deviations from the agreed or customary condition. This is true for products from waste wood, where z. B. cracks, worm can be holes, etc. available. 
9.5. Deviations, changes or limits are - of Incorrect deliveries apart - no deviation from the agreed or customary condition is, so far as it Meet DIN standards. Patterns are noncommittal View and pieces. Slight deviations do not entitle to Complaints.

9.6. Claims for defects do not exist if the delivered goods are presumed to under the contract or are ordinary and change up a texture have, which are normal in goods of the same type and the Can expect client even after type of thing. 
9.7. The client is obliged to inform us in writing of all deficiencies Lich display. 
9.8. Obvious defects must be within a period 2 weeks in writing. Whichever is the 
Sending the client. The client is obliged to to subject the deliveries immediately a review 
unless this is impracticable in the ordinary course of business. 
9.9. If the customer is a full merchant apply for deliveries Provisions of §§ 377 ff HGB. 
9.10. The warranty of the client is initially limited to the right to demand subsequent performance. suggests the subsequent performance fails, the customer is to reduce or 
entitled to rescind the contract after his election. provided Subject of the warranty is a work, is the Purchaser entitled to rescind the contract not to.

9.11. Can the client under these provisions require the elimination of a defect, so he can pay respect Advance payment, payment invoices or final invoice in Required level of 3 times for the removal of the defect chen costs retained. The principal is the post-oriented open that in a particular case justified a higher retention is.

9.12. Further claims of the customer, and in particular Damages in lieu of performance and for compensation for any other direct or indirect damages, including incidental or consequential damages are excluded. This also applies other statutory or contractual claims, such. B. tort cal claims, or those from contract negotiations. However foregoing exclusions may not apply if we have a Legal or property fraudulently concealed the defect or Guarantee for the quality of the goods or the work have taken the damage from an intentional or gross negligence on our part or a intentional or grossly negligent breach of duty legal representative or vicarious agent of our The company is based or liability for damages arising from Injury to life, body or health concerns, caused by a deliberate or negligent breach of duty our company or an intentional or negligent breach of duty by a legal representative or ER vicarious agents of our company is based. The disclaimer shall further not provided by us or our Agents essential contractual bligations are violated; however, liability is then limited to the amount of foreseeable damage (therefore not for lost profits, expenses saved, indemnity claims from third parties as well as given other indirect and consequential damages).

9.13. If it is at the customer is an entrepreneur, statute of limitations for warranty claims of the customer against us in contracts for the supply newly manufactured, newly manufactured or produced chattels in one year from the statutory limitation period. § 438 paragraph 1 no. 2 BGB remains unaffected. 

9.14. If it is at the Customer is a consumer, expire warranty claims of the customer against us for contracts for the supply of used mobile Things to be manufactured or produced used movables in a year from the legal supply period of limitation. § 438 paragraph 1 no. 2 BGB remains unaffected. 
9.15. If it is at the customer is an entrepreneur, warranty claims of the customer against us for contracts for the supply of used-real estate property chen, to be manufactured or produced used moving Lich matters excluded. 
9.16. The warranty claims of the customer against us at Contracts for services performed expire one year from the statutory limitation period. § 634a paragraph 1 no. 2 BGB remains unaffected. 
9.17. The provisions of paragraphs 9:13 to 9:16 do not apply if We wrongful intent.

 

10. Other 
10.1. The contractual relationship only the law of the Federal Republic of Germany - to the exclusion of the Vienna UN - Convention on Contracts for the International Sale of Goods (CISG) - application. 
10.2. The exclusive place of jurisdiction for all claims arising from the Contractual relationship, the entering into or termination, or all claims of the medium with the contractual relationship bar or directly related to, and all total present and future claims arising from the business connection is the seat of our company, provided that the Contractor encoder is a merchant. The jurisdiction is also given, if the customer has no general jurisdiction in Has domestic or after conclusion of the contract domiciled or 
habitual residence moved from the domestic or Domicile or habitual residence at the time of Complaint is not known. We are also entitled to Also customer at his general place of jurisdiction sue.

10.3. It is only the procedural law of the Federal Republic of Germany. All disputes arising from the Vertragsverhält- nis, its implementation, termination, etc. of the 
ordinary courts of the Federal Republic of Germany Exclusion of arbitration decided. 
10.4. The contract language is German. All explanations must be their efficiency of the delivery in German language. 
10.5. If any provision of these terms and conditions or a Provision of other agreements ineffective be or become, so the validity of all is OTH- conditions provisions or agreements not affected.

 

 

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Hier finden Sie uns

Kmm Hotelmöbel

Kerstin Mandt

Friedrichstr 92

68199 Mannheim

00496214006461

 

www.kmm-gruppe.de

info@kmm-gruppe.de

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