General sales and delivery conditions
for agricultural machinery, agricultural equipment, accessories and spare parts
As of January 2008
The following terms and conditions apply to all contracts, deliveries and other services, including paid and unpaid consulting services, if they are not be amended or excluded with the express written consent of the supplier. Deviating terms and conditions of the customer shall not become part of the contract by acceptance of the order, even if the supplier does not expressly contradict them again.
In the absence of a special agreement, a contract is concluded with the written order confirmation of the supplier, in the case of an offer by the supplier with a time commitment and timely acceptance of the offer, unless a timely order confirmation is present. The documents belonging to the offer, such as illustrations, drawings, weights and measurements, are only approximate, unless they are expressly designated as binding. The supplier reserves the right to samples, cost estimates, drawings and the like. ä. Information of a physical and intangible nature – including in electronic form – proprietary rights and copyrights; they may not be made accessible to third parties. The supplier is obligated to make plans declared confidential by the purchaser available to third parties only with his consent.
1. If, due to the fault of the supplier, the delivered item can not be used by the customer as a result of failure or incorrect execution of proposals and consultations before or after the conclusion of the contract or breach of other contractual secondary obligations, especially instructions for operation and maintenance of the delivery item, then Exclusion of further claims of the customer the provisions of Section VIII and IX. 2 accordingly. 2. Damage claims of the customer due to culpa in contrahendo, breach of contractual obligations and tort are, as far as permitted by law, excluded. For damages, which did not originate at the delivery item itself, the supplier is liable – for whatever legal reasons – only a. at will, b. in the event of gross negligence on the part of the owner (s) or executive officer, c. culpable injury to life, body, health, d. in the case of defects which he has fraudulently concealed or whose absence he has guaranteed, e. in the case of defects of the delivery item, as far as according to product liability law for personal injury or material damage to privately used objects is liable. In the case of culpable violation of essential contractual obligations, the supplier is also liable for gross negligence of non-executive employees and for slight negligence, in the latter case limited to the contract-typical, reasonably foreseeable property. Further claims are excluded.
The delivery requires a passable feed road, so that a proper unloading of the goods is guaranteed.
1.In the absence of any special agreement, the prices shall be ex warehouse of the supplier or, if shipped from the manufacturer ex works, excluding packaging, attachment and unloading. The prices include VAT in the respective statutory amount. If the delivery is made more than 4 months after the conclusion of the contract, the prices of the supplier valid on the day of dispatch will be charged. The supplier is entitled to increase the price after the conclusion of the contract. The price increase is limited to the prices enforced on the market. In the event of a significant increase in prices, the customer may withdraw from the contract. 2. In the absence of special agreement, the payment is cash, immediately after transfer of risk and receipt of the invoice, without any deduction free paying agent of the supplier. 3. The supplier accepts discountable and duly taxed bills of exchange only if agreed accordingly. Bills of exchange and checks are subject to receipt less expenses at the end of the day on which the seller can dispose of the amount. 4. The supplier’s claims shall also become due in the case of the agreement of payment terms and regardless of the term of accepted and credited bills of exchange if the terms of payment are not adhered to or if facts become known which make the creditworthiness of the customer dubious. This applies in particular if the customer sells his company or substantial parts of it or loses the power to dispose of it or otherwise falls into financial collapse. 5. The withholding of payments or the offsetting due to any counterclaims of the purchaser disputed by the supplier are not permitted. 6. Payments may only be made to employees of the Supplier if they have a valid collection authority.
All claims of the purchaser – for whatever legal reason – expire in 12 months. For claims for damages according to Section IX. 2 a-e the legal deadlines apply.