Conditions
1. Scope
1. The following conditions apply to all deliveries and services as agreed - also for those from future transactions, unless the customer is not a merchant within the meaning of the German Commercial Code (HGB).
2. Our general terms and conditions apply exclusively. We do not recognize any terms and conditions of the customer that conflict with or deviate from our terms and conditions unless we have expressly agreed to their validity in writing.
3. Our terms and conditions also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer. Deals and agreements only become binding for us when they are confirmed in writing.
4. Subsidiary agreements, changes or additions that deviate from our terms and conditions only apply to transactions for which they have been expressly agreed in writing. They have neither retrospective validity nor do they apply to future transactions unless they are confirmed again in writing.
§2. conclusion of contract
A1. Offers contained in brochures, advertisements, etc. are always subject to change and non-binding, including with regard to price information. The entrepreneur is bound to specially prepared offers for 30 calendar days from the date of the offer, unless otherwise stated in the offer.
2. Verbal declarations only become binding with written confirmation.
3. Deals and agreements only become binding for us when they are confirmed in writing.
4. Information in offers and/or order confirmations from the entrepreneur that is based on an obvious error, specifically e.g. a typographical or calculation error, does not bind the entrepreneur. Rather, the obviously intended explanation applies.
5. The offer documents, drawings, descriptions, samples and cost estimates of the entrepreneur may not be passed on, published, duplicated or otherwise made accessible to third parties without the entrepreneur's permission. Upon request, the documents are to be returned without withholding copies.
6. If we use the customer's samples, drawings or other information during production on behalf of the customer, the customer bears sole responsibility towards third parties for ensuring that no third-party rights are violated as a result. He is also responsible for the accuracy of the information.
§3. Right of withdrawal for consumer contracts and returns
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day the contract was concluded. In order to exercise your right of withdrawal, you must inform us
Ruediger Schulz GmbH
Schlossallee 27
17192 Small Plastics
represented by their managing director
Rudiger Schulz
by email: jet@dachbemoost.de
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send us the notification of your exercise of the right of cancellation
before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
The consumer is obliged to bear the costs of returning the goods. In the case of off-premises contracts where the goods have been delivered to the consumer's home at the time the contract is concluded, the entrepreneur is obliged to collect the goods at his own expense if the goods are of such a nature that they cannot be returned by post .
The consumer must pay compensation for a loss in value of the goods if the loss in value is due to the handling of the goods that was not necessary to establish the nature, characteristics and functioning of the goods.
If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
Reference to the possibility of premature expiration of the right of withdrawal
Your right of revocation expires when we have provided our service in full and have only started to perform the service after you have given your express consent and at the same time have confirmed your knowledge that you will lose your right of revocation if we have completely fulfilled the contract.
The consumer hereby confirms that he has been informed of his right of cancellation and expressly agrees that the contractor should start performing the commissioned service before the end of the cancellation period (§ 357 Para. 8 BGB). The consumer further declares that he is aware that he loses his right of cancellation if the Contractor completely fulfills the contract (§ 356 Para. 4 BGB).
§4. Prices
All offers are non-binding. All prices are net prices ex works, excluding VAT, unless otherwise stated in the medium (e.g. flyer, catalogue, website, auction). We reserve the right to change prices after conclusion of the contract within the framework of our applicable supplier price lists.
Prices always apply from the place of business of the seller or supplier. The customer has to bear the costs for transport, packaging or insurance, unless a different agreement has been concluded. Payments are only deemed to have been made when the seller or contractor can dispose of the amount owed without loss.
If the customer does not comply with the agreed terms of payment, he must compensate the seller or supplier for the damage caused by the delay, at least in the amount of the statutory interest rate.
§5. payment
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Unless otherwise agreed, payment in advance will be used. The goods will only be shipped or delivered after receipt of payment.
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We may first offset each payment by our customer against the oldest debt of the customer, insofar as costs and/or interest have already arisen with regard to an older debt, first against the costs and then against the interest. This does not apply if the customer has different payment terms.
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The customer is in default if he refuses to accept delivery of goods by cash on delivery or, in the case of advance payment or delivery against invoice, fails to make the payment he owes in whole or in part despite a reminder. From the time default occurs, we are entitled to charge interest at a rate of 5 percentage points above the applicable base interest rate of the Deutsche Bundesbank, unless we can prove a higher damage or the customer can prove a lower damage. If the customer is in default of payment, we are entitled to demand that the goods delivered to him be returned after a reasonable period of time set in accordance with § 323 BGB.
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The customer gives his consent in advance for any necessary dismantling of goods delivered by us. The customer shall bear the costs arising from the return of the goods, including the costs of returning the goods. The customer is not entitled to offset his own claims against our payment claims, unless the customer's claims are undisputed or have been legally established. The customer is not entitled to counter our payment claims with rights of retention, including those arising from notices of defects, unless they result from the same contractual relationship.
§6. Packaging
1. Devices are usually delivered packaged. If packaging is necessary due to special shipping regulations, this will be charged at cost. The special packaging for the Aqua Jet 22 must be kept in order to transport the device undamaged in the event of a service.
§7. Delivery
Delivery is made by making the goods available from the Klein Plasten warehouse. This applies to both main deliveries and partial deliveries. The costs of accepting and sending the goods to a place other than the place of performance are generally borne by the customer. However, if the goods in question require special transport due to their nature, the supplier is entitled to select the required shipping method without informing the customer. If the shipping method is not expressly specified by the customer with the order, the supplier shall decide which shipping method is required.
In the event of force majeure, which also includes material and procurement difficulties, operational disruptions, strikes, official orders, etc., the supplier is not responsible for the resulting delivery and service delays. This also applies if these circumstances occur at the supplier's sub-supplier. If these delays in delivery and service lead to the delivery period being exceeded by more than 8 weeks, the customer is entitled, after setting a reasonable grace period in writing, to withdraw from the contract with regard to the part still to be fulfilled by means of a written declaration. Further claims for damages are excluded in any case, except in the case of intentional or grossly negligent breach of duty by the supplier, his representatives or vicarious agents. The supplier is expressly entitled to make partial deliveries and partial services.
If the goods are placed on the market outside the borders of the Federal Republic of Germany, the customer has the obligation to ensure that the goods comply with all legal regulations for the relevant country, e.g. B. in terms of design, quality, documentation, labeling and intended use.
§8th. Participation of the customer in the assembly of devices
1. The customer must find out the right setup for his Aqua Jet 22 himself, tailored to his high-pressure system. The supplier supports the customer in this task by telephone or e-mail.
§9. Limited Right of Return
1. There is no right of return for contracts for the delivery of goods that are not offered on our websites or in our range, but are ordered especially for the customer at the express request of the customer or that have been manufactured or processed according to the customer's specifications are.
§10. transport damage
1. If the items delivered have obvious material or manufacturing defects, including damage in transit, please report these defects in writing immediately. Visible damage must be reported immediately to the employee of the delivering company. However, failure to report this has no consequences for your legal claims.
11. Warranty/Defects
We assume the guarantee as follows:
1. For contracts with companies within the meaning of Section 14 of the German Civil Code
The warranty period is 12 months from the transfer of risk. It is otherwise carried out in accordance with the statutory provisions.
2. In general, we do not provide any warranty on used machines outside of the statutory warranty periods, unless otherwise agreed.
3. We reserve the right to charge the customer separately for all costs incurred in checking the goods in the event of an unfounded complaint. The defective items are to be returned to the Supplier for inspection in the condition they were in at the time the defect was discovered.
4. Our warranty is limited to free repair or subsequent delivery, at our discretion. The customer is entitled to withdraw if we allow a period of grace set for us for subsequent delivery or rectification to elapse due to a defect for which we are responsible through our fault or if rectification or subsequent delivery finally failed.
5. Warranty claims other than those mentioned above – in particular claims for damages by the customer – are excluded. This does not apply if, in cases of intent, gross negligence or the lack of guaranteed properties, a limitation or exclusion of liability is not possible in the general terms and conditions and liability is therefore mandatory. Any defects that occur must be reported to us within 8 days of discovery. Section 377 HGB remains unaffected.
6. Guarantees can be refused by us as long as the customer has not paid a reasonable part of the purchase price with regard to the type and extent of the defect. Warranty services for defects or damage are excluded, which are based on the fact that third-party parts have been installed in articles purchased from us, modifications, interventions or repairs have been carried out by third parties without our consent or the device has not been used as intended.
7. No guarantee is given in particular in the following cases: Unsuitable or improper use, incorrect assembly or commissioning by the customer or third parties, natural wear and tear, incorrect or negligent handling, improper maintenance, unsuitable operating materials, defective or unsuitable roof surfaces, chemical, electrochemical or electrical influences ; provided they are not the responsibility of the supplier. The buyer's rights of offsetting and retention are excluded if the buyer's counterclaims are undisputed or have been legally established.
8. Liability for normal wear and tear (wearing parts) is excluded
9. If the entrepreneur is available to the customer beyond his legal obligations to provide information regarding the use of his product, he is only liable according to § 7 if a special fee has been agreed for this.
10. Claims for damages are excluded unless they relate to the lack of a guaranteed property.
11b. Warranty on used items.
We assume the guarantee as follows:
a) In the case of contracts with companies within the meaning of Section 14 of the German Civil Code, a guarantee is excluded if used items are sold, unless there is a manufacturer's guarantee for them that has been given to the customer.
b) In the case of contracts with consumers within the meaning of Section 13 BGB, the warranty period for the purchase of used items is 12 months, with a workshop guarantee (bring-in guarantee) being granted in accordance with the respective manufacturer guarantees.
12. Special features for commercial customers
We expressly refer to the special safety guidelines or regulations for expert acceptance of the goods that apply to assembly and installation, particularly in public buildings or on stages. Operating instructions must be observed. The customer hereby undertakes to inform himself about these safety guidelines and regulations and to carry out the assembly, installation and acceptance of the goods in accordance with the applicable safety guidelines and regulations. The customer hereby undertakes to inform his customers of these safety guidelines and regulations and also to impose the regulations applicable to assembly, installation and expert acceptance on his customers.
13. Adjustment or connection work
the customer undertakes to undertake all necessary adjustment or connection work himself. i.e. to adjust the optimal spraying to the corresponding high-pressure systems or to provide the high-pressure hose with the appropriate adapter so that the Aqua Jet 22 can be put into operation safely.
14. Retention
The item to be repaired is handed over upon presentation of the order confirmation or the pick-up slip or by sending it to the customer.
If repaired items are not picked up within four weeks after the request to pick them up after the delivery has failed, we can demand a reasonable fee for safekeeping from the end of this period.
15. Entrepreneur's liens
The entrepreneur has a lien on the repaired items of the customer, which came into his possession for the purpose of repair, for his claims arising from the contract.
If the customer does not pick up the devices from the contractor at the latest three months after he has been requested to collect them, the contractor is no longer liable for slightly negligent damage or destruction of the repair item. A threat of sale must be sent to the customer one month before the end of this period. The contractor is entitled to sell the item to be repaired after this period to cover his costs at market value; any additional proceeds are to be reimbursed to the customer.
16. Retention of Title
Our deliveries are subject to retention of title. The following applies to deliveries to non-merchants: The retention of title expires with full payment of the reserved goods. The following applies to deliveries to merchants: The retention of title only expires when all claims arising from the business relationship have been settled. The commercial customer can request the release of reserved goods if the value of the goods exceeds the sum of the outstanding claims by 20%.
The non-commercial customer is not entitled to dispose of the reserved goods.
As long as the commercial customer is not in default, he is entitled to process and/or resell the reserved goods in the ordinary course of business. The customer assigns to us as security any claims against third parties that the customer is entitled to from the resale or any other reason relating to the goods subject to retention of title; We accept the assignment. We revocably authorize the customer to collect the assigned claims in their own name and for their own account. The customer can request the reassignment of claims against third parties if these claims exceed the sum of our outstanding claims by 20%.
If our retention of title expires as a result of the processing of goods delivered by us (e.g. through connection with other items), the customer hereby transfers co-ownership of the item created by connection to us. The handover is replaced by the customer storing the new item created by the connection for us free of charge.
If third parties assert rights with regard to the reserved goods, e.g. B. in the case of an attachment, the customer must point out our property and inform us immediately. The customer must reimburse the costs of any intervention that may become necessary on our part.
17. Severability
Should a provision of these GTC or any other agreement made on the occasion of the conclusion of the contract be ineffective, the validity of the other provisions shall not be affected. Instead of the invalid provision, a provision that comes closest to the meaning of the provision shall apply. Changes to these GTC must be in writing
18. Governing Law, Jurisdiction
1. The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between the entrepreneur and the customer, with the exception of the UN sales law.
2. Place of performance is the company headquarters of Rüdiger Schulz GmbH. The place of jurisdiction for all disputes arising from the contractual relationship is the district court of Neubrandenburg, provided the customer is a registered trader, a legal entity under public law or a special fund under public law. In all other cases, the statutory place of jurisdiction applies.
The online shop (in preparation) is operated by the
Ruediger Schulz GmbH
Phone: +49 39934 7567
Email: jet@dachbemoost.de
represented by their managing director
Rudiger Schulz. Registered at the District Court of Neubrandenburg HRB 4671
VAT ID: DE 134889419
Tax number: 075/117/02628
Status: April 2023