27.06.2017
 

General trading conditions of the company ROBETA HOLZ OHG
Conditions: 01.12.2004

1. Validity

1.1
So far differently expressly agreed upon, does not apply the following "General Trading conditions" (AGB) for all contracts, supplies and other achievements - including advisory activities here furnished, which are not article of an independent consultancy agreement - in all current and future business relations with non-consumers i. S. § 310 I BGB, even if the salesman referred in the context of a current business relation not in individual cases expressly to their inclusion.
1.2
In addition ones to it applies subordinate the customs in wood-economical traffic, in particular the "Tegernseer Customs" in the valid in each case version with plants and appendix, if they do not contradict our conditions.
1.3
Independently from the entrance time - expressly one contradicts to deviating conditions of buyers. With confirmation crossings the conditions of the salesman apply. Personal data of customers can be processed in the context of contractual relations in accordance with Federal Law for Data Protection.
1.4
These general trading conditions applies starting from 01 December 2004, earlier versions loses thereby their validity.

2. Offers, times for delivery, conclusion of a contract

2.1
Offers are always not-binding, intermediate sale remain reserving. Orders are considered as accepted, if they are confirmed in writing or implemented by the salesman. Then the supply is considered as confirmation of order.
2.2
The order is not expressly characterized as noncommittal or not-binding, then the buyer is bound until 10 days to its order.
2.3
Selling prices are considered as fixed prices plus the legal value added tax, if the salesman assures them in writing. They apply freely ship place of departure of the commodity, if nothing else is agreed upon.
2.4
When becoming known facts after conclusion of a contract, how delay of payment can in the case of earlier supplies, which suggest a substantial fortune degradation, the salesman can demand the pre-register or appropriate collateral to require and with refusal of the contract under immediate due position of calculations for partial deliveries taken place withdraw. Further the salesman can out-require the object of the purchase with own payment in advance with position of the insolvency request or with delivery of the insurance in lieu of an oath by the buyer.

3. Supplies and passage of the risk

3.1
With the supply of the commodity at the place of delivery by the salesman the danger turns into on the buyer. For the supply, if not differently agrees, the loading point of the salesman is place of delivery.
3.2
Partial deliveries are permissible. Dispatching takes place on calculation and danger of the buyer. Through delivery changes caused auxiliary costs go debited to the buyer. If vehicles of the salesman leave starting races on instruction of the buyer, this is responsible for arising damage.
3.3
The time for delivery extends - also within a delay - appropriately with entrance of higher force and all unexpected obstacles occurred after conclusion of a contract, which the salesman (in particular also operational disturbances, strike, lockout or disturbance of the traffic routes) does not have to represent, as far as such obstacles are provable o­n the supply of the sold article of substantial influence. This applies, even if these circumstances occur with the suppliers of the salesman and their subcontractor. , The buyer can request 10 days after excess of a noncommittal date of delivery the salesman within an appropriate period for supply. The buyer can require the explanation of the salesman whether he wants to withdraw or supply within appropriate period. If the salesman does not explain himself immediately, the buyer can withdraw. Requirements for compensation are impossible in this case. The replacement of an entitled damage caused by default is limited with more easily negligence of the salesman to at the most 10% of the agreed upon purchase price. In all other respects the requirement of the buyer on substitution of proven extra costs (covering purchase) is limited. These extra costs it has to indicate immediately in writing to the salesman. At least three offers of compromise are to be caught up. Over it going out requirements for compensation are impossible. With resolution or rough negligence of the salesman the requirements for compensation on that are limited at the time the conclusion of a contract predictable damage.

4. Payment

4.1
The calculation one gives over each transmission separately under the date of the dispatch daily of the commodity. This applies also to partial deliveries. Agreed upon times fixed for payment begin to run with this day.
4.2
If no special date of payment is agreed upon during current business relation, then the buyer has to pay the purchase price alternatively either within 14 days under departure of 2% discount payment or within 30 days without departure.
4.3
Discount payment grant has for condition that the account of the buyer exhibits otherwise no due invoice amounts. Skontierfähig is only the pure commodity value without freight and packaging. As date at the keeping the receipt of payment is considered to the discount payment period.
4.4
Bill of exchange payments are permissible only according to special agreement. Calculation adjustment effected via cheque or change payment for the sake of and requires the express agreement of the salesman.

The buyer bears all cost from it if nothing else agrees.
4.5
The set-off of counterclaims is permissible o­nly if the salesman agrees expressly or were validly determined the demand or recognized in writing.
4.6
Agreed upon dates of payment are to be kept also if a notice of defect in one proves to extent which can be called as insignificant justified. In all other respects the buyer may retain the part of the purchase sum provisionally, to which to the invoice amount of the duly reprimanded part corresponds in case of within the prescribed period raised, an entitled notice of defect of incorrect commodity only to the supply.

5. Condition, lack, guarantee

5.1
Wood are a natural product, its natural characteristics, deviations and characteristics are therefore to be always considered. In particular the buyer has his biological to consider physical and chemical characteristics with the purchase and the use if necessary has it expert advice to catch up.
5.2
The range of natural color structure and other differences within a wood belonged to the characteristics of the natural product wood and does not represent any complaint and adhesion reason.
5.3
Natural wear or damage, which does not result from inappropriate treatment, special external influences or excessive demand after the passage of the risk, which are not presupposed after the contract, is lack. The salesman is not responsible for lack, which reduce the value or the fitness of the thing o­nly insignificant, in particular, if the error disappears shortly automatically or can by the buyer at completely insignificant expenditure be eliminated. Further each adhesion for lack of commodity, which is en or was worked o­n by the buyer, is impossible it is a salesman a condition warranty took over or lack bad-cunningly concealed.
5.4
The buyer has to examine the received commodity immediately after arrival on quantity and condition. Later objections are impossible. Recognizable lack are after given possibility for the inspection and examination of the commodity with the buyer or its assigned immediately in writing under exact indication of the maintained lack and the stock location to indicate. The periodperiod period is reduced however when discolorations to 7 calender dates, it is, it was agreed upon the supply of dry commodity. If the buyer lack of the commodity determines, it may order not over it, divide it, resells or to process, until an agreement is obtained over the completion of the complaint. With mutual commercial transactions among buyers § 377 HGB remain unaffected. In all other respects to the Tegernseer of customs one refers.
5.5
The requirements of the buyer in the case of incorrect supply is limited to the right for the subsequent delivery of incorrect commodity appropriate period. Large requirements, in particular requirements for compensation, being to blame for when treaty negotiations and bad action are impossible, it are, them are based o­n resolution or rough negligence of the salesman, a legal representative or executing aide. Also in these cases the adhesion is limited for predictable damage to that at the time the conclusion of a contract. As far as the damage is taken off by concerned an insurance locked by the buyer for the case of damage, the salesman is responsible only for any associated disadvantages of the buyer, like higher insurance premiums or interest disadvantages.
5.6
Requirements from the product liability law as well as adhesion for damage from the injury of the life, the body or the health remain unaffected by the managing regulation.

6. Retention of title

6.1
The supplied commodity property of the salesman remains up to the payment of the purchase price and repayment of all demands including the in the future developing demands, as reservation commodity, consisting of the business relation. This applies, even if particulars or all demands of the salesman were taken up to a current calculation and the balance pulled and recognized are. In connection with the payment of the purchase price by the buyer if a change-moderate adhesion of the salesman is justified, then the retention of title expires not before redemption of the change by the buyer as referring. With delay of payment of the buyer the salesman is to the cancelling of the reservation commodity after reminder entitled and the buyers to publication obligated. The cancelling by the salesman is not considered as cancellation of the contract.
6.2
Reservation commodity is processed from the buyer to a new mobile thing, then the processing for the salesman takes place, without this is obligated from this; the new thing becomes property of the salesman. In the case of processing as well as the salesman of not belonging commodity the salesman acquires co-ownership at the new thing in accordance with the relationship of the value of the reservation commodity to the other commodity at present the processing. If reservation commodity is connected with the salesman of not belonging commodity in accordance with §§ 947.948 BGB, mixes or blends, then the salesman becomes joint owner according to the legal regulations. If the buyer acquires sole property by connection, mixture or blending, then he transfers co-ownership already to the salesman in accordance with the relationship of the value of the reservation commodity to the other commodity at present the connection, mixture or blending. The buyer has the thing in the property or co-ownership of the salesman, which is likewise considered as reservation commodity in the sense of the managing regulations to keep free of charge in these cases.
6.3
Reservation commodity is sold alone or together with not the salesman of belonging commodity, then the buyer retires already the demands at height of the value, developing from the far sale, to the reservation commodity with all side rights and rank before the remainder; the salesman accepts the transfer. The reservation commodity is worth the invoice amount of the salesman plus a safety impact of 10%, which remains however except beginning, as far as rights third oppose it. If the further-sold reservation commodity stands in the co-ownership of the salesman, then the assignment of the demand extends on the portion value of the salesman at the co-ownership corresponds.
6.4
Reservation commodity is built shipbuilding work or aircraft third to ship, by the buyer as a substantial component into property, then the buyer retires already, the transferable demands on remuneration at height of the value to the reservation commodity, with all side rights including such o­n grant of a cautionary mortgage, with rank before the remainder, developing against third or the client different of him; the salesman accepts the transfer. Exp. 6.3, sets of 2 and 3 apply accordingly.
6.5
Reservation commodity is built shipbuilding work or aircraft of the buyer to ship, by the buyer as a substantial component into a property, then the buyer retires already from a sale of property, the demands at height of the value, developing of laws on real estate, the ship, shipbuilding work or aircraft, to the reservation commodity with all side rightsand with rank before the remainder; the salesman accepts the transfer. Abs.6.3, sets of 2 and 3 apply accordingly.
6.6
The buyer it is justified and authorized to the far sale, to the use or to the installation of the reservation commodity only in the usual normal course of business and only under the condition that the demands actually change into the sense from Abs.3-5 on the salesman. For other orders over the reservation commodity, in particular pawning or transfer by way of security, the buyer is entitled.
6.7
The salesman authorizes the buyer under reservation of the revocation to the collection of the demands retired in accordance with Abs.3-5. As soon as the buyer comes into delay of payment, the salesman is entitled, all him from the retention of title which are entitled rights, including the collection of retired demands, valid to making. Upon the requests of the salesman the buyer has the debtors of the retired demands to designate and to these the transfer indicate; the salesman is authorized to indicate to the debtors the transfer. The buyer has to inform the salesman immediately under delivery of the documents necessary for the contradiction about execution measures third in the reservation commodity or the retired demands.
6.8
With stoppage of payments, requesting or opening of the bankruptcy, an insolvency procedure, judicial or procedure out of court, expires the right for far sale, for the use or installation of the reservation commodity and authorization for the introduction of the retired demands; with a cheque or a bill protest the direct debit authorization expires likewise. This does not apply to the rights of the insolvency manager.
6.9
If the value of the granted collateral exceeds the demands around more than 20%, then the salesman is for endaround carry or release after its choice obligates. With repayment of all demands of the salesman from the business relation the property at the reservation commodity and the retired demands turn into on the buyer.

7. Area of jurisdiction, place of delivery, use right

7.1
Area of jurisdiction for all requirements from business relations to buyers is Prenzlau.
7.2
Place of delivery for the payments, supplies and other achievements of the buyer is always Milmersdorf.
7.3
The relations between the contracting parties exclusively regulates themselves after the right of the Federal Republic of Germany under exclusion of the UN-right of purchase (CISG).
 

Seit 01. Januar 2011 sind wir Partner der Regionalmarke UCKERMARK. Wir sind davon Überzeugt, dass es nur im Verbund mit allen Akteuren in unserem Landkreis, eine nachhaltige und natürlich gewinnbringende Entwicklung geben kann. Die Regionalmarke UCKERMARK ist hier die visuelle und inhaltliche Klammer. Gerade bei der Überregionalen Produktvermarktung spielt unsere gemeinsame Marke schon jetzt eine entscheidende Rolle, mit der wir das Vertrauen der Verbraucher Überzeugend gewinnen. Mehr zur Regionalmarke UCKERMARK erfahren Sie unter www.uckermark.de