© copyright 2023-2024 by Conen Produkte GmbH
All legal relationships between us and the customer are based exclusively on these General Terms and Conditions. Deviating or additional terms and conditions are expressly contradicted; they are only valid if they have been confirmed by us in writing.
By placing an order, the customer accepts our terms and conditions. These also apply to all future business.
Our offers are valid only for industry, trade, craft, trade, self-employed and other companies as well as for schools, universities, authorities and associations. By placing an order, the customer confirms that our products are used and remain in these fields of activity.
All offers are non-binding and therefore become binding only with our written order confirmation or the goods dispatch order. The offers include commercial quantities while stocks last.
We reserve the right to make product changes in color, design and technology to improve the product without separate notice. Pictures in catalogs do not have to be colourfast. Illustrations, drawings, dimensions, weights or other specifications are only binding with our written confirmation. We are not liable for errors due to printing errors.
All prices are net prices plus shipping and VAT. Volume discounts apply only to the individual item in the size and color described.
Unless otherwise stated, the prices given are for one piece without any decoration material that may be used in a department. Decisive is always the item description in our order confirmation.
Deliveries within Germany and the Benelux countries are made free of charge, starting at a value of € 119.00 including VAT. for underlying goods values we charge the shipping costs stated in the catalog. For deliveries to countries other than Germany and the Benelux countries, the shipping costs and terms of delivery must be agreed separately.
Our prices are only valid for the current catalog. With the appearance of the following catalog they lose their validity.
All payments made by the customer must be made free of charge to us within 30 days of the invoice date in such a way that we can dispose of the payment amount at the latest on the due date. If this payment term is exceeded, we will collect interest of 8% p.a. above the respective base interest rate. The statutory provisions on late payments remain unaffected.
In spite of different terms of repayment of the customer, we are entitled to offset its payments initially on its older liabilities. If costs and interest have already accrued, we can charge the customer payment primarily to the costs, then to the interest and only then to the principal claim. We will inform the customer about all this.
Discounts, discounts or other sales price reductions can only be claimed if we have agreed to them in writing and the customer is not in arrears with other payments.
We accept checks and bills only on account of fulfillment. The customer has to bear the bank, discount and collection charges.
The customer may only offset against our claims with legally established or undisputed counterclaims. A right of retention can only be exercised if it is based on the same contractual relationship. Claims directed against us can not be assigned or pledged.
We are entitled to demand sufficient security for our claims, even if they are conditional or temporary. Likewise, we may seek appropriate collateral for advance services.
All delivery dates and delivery times must be confirmed in writing and are subject to unpredictable production disruptions and timely self-supply of required input materials.
Delivery periods begin with the date of our order confirmation; but not before the complete settlement of all the details of the contractual relationship. For the adherence to the delivery periods, the time is decisive at which the goods in the sense of the following paragraph 5.4 is handed over to the forwarder or carrier or has left our factory. The same applies to delivery dates.
We are not responsible for delivery and other delays in performance if these are due to force majeure. This also includes labor disputes in own or foreign companies, official orders or transport delays. In such cases our delivery and service obligations shall be suspended for the duration of the hindrance due to the force majeure plus a reasonable start-up time.
The delivery is agreed "ex works" by self-delivery or by a forwarding agent or carrier determined by us. With the handing over of the ordered goods to the forwarding agent or carrier, at the latest, however, when leaving the goods from our factory, the risk is transferred to the customer. If the delivery is delayed at the request of the customer or any other reason in his area of responsibility, the risk shall pass to the customer upon notification of our readiness for dispatch. In this case, we continue to be entitled to store the goods appropriately at the expense of the customer and to take all necessary measures to obtain them. The statutory provisions on default of acceptance remain unaffected.
Unless otherwise agreed, we deliver the goods packed at the expense of the customer. A packaging beyond the mere transport purpose or other securing of the goods is not owed.
At the request of the customer, the delivery can be insured in his name and on his account.
Goods delivered without defects are only accepted after prior written confirmation against a credit of the product price minus a processing fee of 10 percent. All returns are at the risk and expense of the customer. The returned goods must be unused, faultless, complete and in their original packaging.
Our products are contractual and faultless if they do not deviate or only insignificantly from the agreed quality (quality and quantity of the goods). Without express written agreement, we do not guarantee and accept any liability for the specific suitability and use of our products. Likewise, our liability for deterioration, improper handling or destruction of the goods after transfer of risk is excluded.
The customer must inspect the goods immediately upon receipt for their integrity and completeness. Obvious defects must be reported to us in writing within one week of receipt of the goods, hidden defects within one week of their discovery.
If there is a defect, we are obliged to remedy the defect. This is done at your own choice either by replacement or removal of defects. If we fail to perform the supplementary performance within a reasonable period of time, the customer can set us an adequate subsequent performance period and, after a fruitless expiry, either reduce the purchase price or withdraw from the contract. Further claims of the customer do not exist. In addition, the following paragraph 7 applies
The limitation period for defective delivery is one year and begins with the receipt of the goods. This does not affect the statutory limitation periods for intentional action. By elimination of defects or replacement delivery, the limitation period is neither extended nor does it restart.
Insofar as this is permitted by law and is not otherwise regulated in these provisions, we shall be liable for damages only in case of intent or gross negligence. This limitation of liability applies to every claim, on whatever legal grounds, and therefore includes, in particular, claims for breach of contractual or non-contractual obligations, legal claims or obligations in connection with the contract.
Except for intent or gross negligence, we are liable for culpable breaches of duty only for the contract typical and foreseeable damage. Equally excluded is our liability for damages that did not occur on the product itself. In particular, we are not liable for lost profits or other pecuniary loss of our customer.
Insofar as our liability is excluded or limited, this shall apply accordingly to the personal liability of our employees, workers, representatives and vicarious agents.
All this does not apply to claims under the Product Liability Act.
We reserve the title to all delivered goods or products until all our claims (including VAT) have been met. Secured by the retention of title are also our balance claims arising from the entire business relationship.
If the goods delivered by us are sold, processed or transformed by the customer within the scope of his normal business dealings, the customer hereby assigns to him the claims or claims due to him from the sale, processing or transformation to third parties in accordance with the above Item 8.1. to us. We hereby accept this assignment without being obliged to proceed from the assignment to third parties.
The customer is not entitled to pledge under our retention of title goods or products or transfer them to third parties for security. Likewise, he is prohibited from assigning the claims he is entitled to from the sale, processing or transformation of the reserved property.
As a user of our products, our customers are legally obliged to return any batteries or rechargeable batteries contained therein after use either to us or to suitable collection points. At our place of business we have return containers ready for our customers. We will not accept any batteries or rechargeable batteries returned as unfree shipment.
The crossed-out wheeled bin sign means that batteries and rechargeable batteries should not be disposed of with household waste. If applicable, under the crossed-out wheelie bin listed characters mean:
Our privacy policy is here
The current catalog invalidates all previous catalogs.
Should individual provisions of these General Terms and Conditions or other agreements made be or become ineffective, this shall not affect the validity of the remaining provisions and the validity of the remaining provisions. Rather, instead of the ineffective agreement, that provision comes closest to the achievement of the purpose of the contract and its economic success.
Exclusively the law of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods is excluded.
Place of performance for both parties is our place of business.
Jurisdiction for both parties is Wittlich. Regardless of this, we are also entitled to bring an action against the customer at his general place of jurisdiction.
© copyright 2023-2024 by Conen Produkte GmbH