GENERAL TERMS AND CONDITIONS OF MAX KNOBLOCH NACHF. GMBH
§ 1 Validity of the Conditions
1.1. The following conditions apply exclusively to all offers, deliveries and services of Max Knobloch Nachf. GmbH (hereinafter: KNOBLOCH).
1.2. These apply to all future business relationships, even if they are not expressly agreed again. These conditions are considered accepted at the latest when the goods or services are received. Counter-confirmations by the customer with reference to his conditions are hereby rejected. This also applies in the event that the customer has prescribed a specific form for the objection. Deviations from these terms and conditions are only effective if KNOBLOCH confirms them in writing.
§ 2 Offer
2.1. The offers from KNOBLOCH are subject to change and non-binding. Samples and brochures are for illustrative purposes only. As a result, drawings, illustrations, dimensions, weights and other services in the sales documents are only binding if this has been agreed in writing. Unless otherwise stated, representations in the offer and order are schematic diagrams. The reference to DIN regulations is only a description of the goods, not an assurance of properties.
§ 3 packing, shipment, part-delivery, freight costs
3.1 The packaging is carried out in the most careful manner and according to the requirements of the products.
3.2 KNOBLOCH reserves the right to choose the shipping route. The risk passes to the customer as soon as the consignment has been handed over to the person carrying out the transport or has left KNOBLOCH’s warehouse for the purpose of dispatch. If shipping is delayed at the customer’s request, the risk passes to the customer when the readiness for shipping is reported. The contracting parties agree that the delivery is fundamentally a dispatch purchase in accordance with § 447 BGB. The buyer is advised that he has to assert claims in the event of damage due to the shipment according to §§ 421, 457 HGB against the carrier or forwarder.
3.3 If an order is made up of several partial deliveries, each delivery is considered a separate transaction. KNOBLOCH is entitled to make partial deliveries. In the case of call orders, KNOBLOCH also reserves the right to change prices due to increased material or labor costs if the delivery is to take place later than 4 months after the contract was signed.
3.4. For all deliveries the agreed freight costs or those shown on the offers and/or order confirmations apply.
§ 4 Payment, set-off, default of payment, invoice
4.1. Unless otherwise agreed, invoices are payable net within 30 days net. Unless otherwise agreed, payments are only to be made directly to KNOBLOCH.
4.2. For spare parts orders and contract work, a payment term of 14 days net is the standard.
4.3. Offsetting against the claims of the customer is excluded, unless KNOBLOCH’s claim is undisputed or legally established.
4.4. From the due date, interest is charged at a rate of 5% above the respective base rate in accordance with § 247 of the German Civil Code (BGB).
4.5. If the fulfillment of the payment claim is endangered due to a deterioration in the customer’s financial situation that has occurred or has become known after the contract has been concluded, KNOBLOCH can demand prepayment of all open invoices, including invoices that are not yet due, withhold goods that have not yet been delivered, as well as discontinue work on ongoing orders. KNOBLOCH is also entitled to these rights if the customer makes no payment despite a reminder based on the default. In the event of delayed payment, default interest of 5% above the respective base rate in accordance with § 247 BGB (German Civil Code) is payable. This does not exclude the assertion of further damage caused by delay.
4.6. First-time customers are only supplied against prepayment.
4.7 For customers who have not generated sales for more than two years, KNOBLOCH reserves the right to reset to prepayment.
4.8. For transactions > 10,000 € net goods value, KNOBLOCH reserves the right to agree terms of payment that differ from the basic conditions.
4.9. Max Knobloch Nachf. GmbH will send the invoices by email. KNOBLOCH thus offers an environmentally friendly and inexpensive alternative to postal delivery. Invoices will only be sent by post if the customer expressly requests this. In this case KNOBLOCH reserves the right to invoice the cost of sending the invoice.
§ 5 Delivery Time
5.1. Delivery dates and deadlines that are agreed to be binding or non-binding must be in writing. Delivery periods begin with the day, the complete technical and commercial order clarity as well as the written agreement about an order. If details of the execution remain open, which in the opinion of only one of the parties is in need of regulation, the delivery periods do not begin until all details of the execution have been completely clarified.
5.2. The agreed delivery date is the time of dispatch from the factory.
5.3. Delays in delivery and performance due to force majeure and due to events that make delivery difficult or impossible for KNOBLOCH, even if they occur from the supplier of KNOBLOCH or its suppliers, KNOBLOCH is not responsible for, even with bindingly agreed dates and deadlines. You authorize KNOBLOCH to postpone the delivery or service by the duration of the impediment plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part not yet fulfilled.
5.4. If the hindrance lasts longer than two calendar months, the customer is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled. If the delivery time is extended or KNOBLOCH is released from the obligation, the customer cannot derive any claims from this.
5.5. KNOBLOCH can only refer to the in 5.3. and 5.4. mentioned circumstances if KNOBLOCH immediately notifies the customer of the occurrence of these events.
§ 6 Delivery Contracts, Orders
6.1. For contracts with continuous delivery, KNOBLOCH call quantities and delivery dates for this must be communicated when ordering. KNOBLOCH is entitled to manufacture the total amount of the order according to the production planning at any time of the delivery period, unless expressly agreed otherwise.
6.2. If the order quantity is not accepted during the call-off period, KNOBLOCH is entitled to request acceptance and payment of the entire remaining order quantity. At the end of the call-off period, the customer is in arrears with the acceptance of the unused part.
6.3. If a call-off period is not specified, then KNOBLOCH is entitled to set a deadline for the further call-off, and after the fruitless expiry, acceptance and payment of the entire remaining order quantity in the event that the customer has not made a call for a call-off period to demand.
6.4. If the customer does not accept the goods on the agreed delivery date, KNOBLOCH is entitled to invoice the storage costs.
6.5. Once production has started for the order, subsequent changes to the ordered goods are no longer possible.
6.6. If changes are unavoidable, the customer will receive a separate offer from KNOBLOCH.
§ 7 Notices of Defects / Warranty
7.1. Notices of defects or other complaints can only be taken into account if they are reported to KNOBLOCH in writing immediately after receipt of the goods at the place of destination and in the case of hidden defects that cannot be discovered immediately after careful inspection, immediately after their discovery.
7.2. In the event of timely complaints recognized by KNOBLOCH, KNOBLOCH reserves the right to supply replacements for goods that have been rejected and returned, or to repair the rejected goods. If the rectification or replacement or subsequent delivery fails, or if the rectification or replacement delivery is not possible within a reasonable period of time or a reasonable grace period set by the customer elapses without the defect being remedied, the customer can choose to exclude all further claims Request change or reduction. Shipping costs that are necessary due to the replacement delivery are charged to KNOBLOCH.
7.3. Claims for damages that go beyond the warranty claims according to Section 6. 2. are excluded – regardless of the legal reason. This does not apply if the applicable law stipulates liability in cases of intent, gross negligence or the lack of guaranteed properties.
7.4. KNOBLOCH is not liable for the suitability of the goods for the application intended by the customer, unless this results explicitly from the catalogs or technical documents or is expressly guaranteed by KNOBLOCH.
7.5. The products are technical work equipment according to the Equipment Safety Act and may only be used as intended. Improper use of the products and their accessories, as well as any unauthorized change to them without KNOBLOCH’s express written consent, releases KNOBLOCH from all obligations in the event of damage.
§ 8 Return of Goods
8.1 Returns are fundamentally excluded for all products individually manufactured for the customer and all illuminants.
8.2. All goods returned that are not based on notifications of defects or that are not based on prior written consent from KNOBLOCH will be rejected at the expense of the sender.
8.3 The costs for the return of goods, which are not based on defects, are borne by the customer in any case.
8.4. In the event of a return of goods, KNOBLOCH calculates 20% of the invoice goods value as re-storage costs for the necessary inspection, possible refurbishment, repackaging and processing in stock. The customer reserves the right to prove that the KNOBLOCH costs are lower than this flat rate. If goods that are not originally packaged or damaged are taken back, the costs for repairs, repairs and repackaging will be charged in addition to the flat-rate re-storage costs in the amount actually incurred.
8.5. Returned samples will only be credited if they have been calculated beforehand and if they are in an optically and technically perfect condition.
§ 9 Retention of Title
9.1. KNOBLOCH reserves ownership of the goods delivered until all of the business relationship – including interest and costs – has been fully settled. The customer is obliged to store and insure the goods subject to retention of title and, if requested, KNOBLOCH must provide proof of the insurance taken out.
9.2. The customer is entitled to sell the goods, even further processed, in the ordinary and orderly course of business. However, he must retain ownership until his purchase price claim has been paid in full. He may not pledge the goods subject to retention of title or assign them as security and must notify KNOBLOCH immediately of any seizures by third parties.
9.3. If the customer processes or processes goods delivered by KNOBLOCH or combines them with other goods that do not belong to KNOBLOCH, the processing or processing is free of charge for KNOBLOCH as the manufacturer. The customer does not acquire property within the meaning of § 95 BGB. The customer stores the newly created goods for KNOBLOCH free of charge. If the customer processes the goods with the goods of other suppliers, KNOBLOCH becomes a co-owner of the new item. Insofar as KNOBLOCH becomes the owner or co-owner of new items that have arisen through processing or processing, the provisions applicable to the goods subject to retention of title also apply to them or the co-ownership share.
9.4. The customer hereby assigns the claims to KNOBLOCH to which he is entitled from the resale. If the goods subject to retention of title are resold after processing – in particular goods not belonging to KNOBLOCH – the assignment is deemed to have been made only in the amount of the sales value of the goods subject to retention of title. If the third-party debt is higher than KNOBLOCH’s claim, the claim against the third-party debtor is only transferred to KNOBLOCH to the extent that it corresponds to the value of the goods subject to retention of title.
9.5. The customer is entitled to collect the claims assigned to KNOBLOCH from the third party purchaser for KNOBLOCH, but must transfer the collected amounts to KNOBLOCH immediately. KNOBLOCH reserves the right to collect the claims directly from the third party buyer, who has to name KNOBLOCH for this purpose.
§ 10 Special Provisions for Orders Based on Drawings and / or Models
10.1. KNOBLOCH’s own drawings, samples and models may only be made accessible to third parties with the prior written consent of KNOBLOCH.
10.2. If KNOBLOCH has to deliver according to drawings, samples or models of the customer, the customer assumes liability that KNOBLOCH does not infringe any property rights of third parties. KNOBLOCH undertakes to use the templates only for the customer’s order, unless a different use is expressly agreed. The customer is obliged to release KNOBLOCH from all claims by third parties due to the violation of industrial property rights, this also applies to any legal costs incurred by KNOBLOCH. At KNOBLOCH’s request, the customer must pay a reasonable advance for any legal costs.
§ 11 Data Protection
KNOBLOCH is entitled to process the data received about the customer in relation to the business relationship or in connection with this, regardless of whether it comes from the customer himself or from third parties, in accordance with the Federal Data Protection Act by EDP. KNOBLOCH hereby gives the customer knowledge of the storage and processing of his data.
§ 12 Place of Performance, Place of Jurisdiction
12.1. The place of performance for all claims that arise between the customer and KNOBLOCH is the headquarters of KNOBLOCH.
12.2. In the event that the customer is a merchant within the meaning of the HGB, 04720 Döbeln is determined as the exclusive place of jurisdiction.
§ 13 Applicable Law, Effectiveness, Written Form
13.1. The law of the Federal Republic of Germany.
13.2. Changes and additions to the provisions contained in these conditions require the text form and the agreements in the purchase contract to be effective. Verbal or written subsidiary agreements bind KNOBLOCH only after written confirmation.
13.3. Should one or more provisions be ineffective, this does not affect the effectiveness of the remaining provisions.
Doebeln, July 2021