maxfuchsKatalog2015

General Terms and Conditions of Business of Max Fuchs AG
1. Scope of application
1.1. These General Terms and Conditions of Business (hereinafter called "GTC") regulate the business relations between us,
Max Fuchs AG, Industriestrasse 1, D-94078 Freyung (hereinafter called "Max Fuchs"), and our customers who use our range of products.
1.2. Our reciprocal business relations are governed solely by these General Terms and Conditions of Business in the version valid on the date of
the order. Any general terms and conditions of business that oppose or diverge from these Terms and Conditions shall not apply unless we
have expressly consented to their validity in writing. These GTCs shall also apply exclusively if we execute the order without reservation in the
knowledge of conditions that oppose or diverge from these GTCs.
1.3. The GTCs shall only apply if you as the customer are an entrepreneur within the meaning of Sect. 14 German Civil Code [BGB], a legal entity
under public law or a special fund under public law.
2. Conclusion of contracts
2.1 The presentation and advertising of products does not constitute a binding offer for the conclusion of a contract of sale but is a non-binding
invitation to you to place an order with us.
2.2 When you send an order by fax to our order fax number, by phone to our order hotline, by e-mail or as an online order through our online shop,
you place a legally binding order. Your order is binding for the period of two (2) weeks from placing the order.
2.3 We will send you confirmation of receipt of your order immediately in writing or by e-mail. This confirmation does not constitute a binding accep
tance of the order unless we also declare our acceptance together with the confirmation of receipt.
2.4 The contract only becomes binding when we have accepted the order (e.g. in a declaration of acceptance) or we have delivered the ordered
goods.
2.5 If we cannot deliver the ordered goods, for example because they are not in stock, we will not accept the order. In this case no contract is
concluded. We will inform you immediately of this and refund any payments received immediately.
3. Delivery date
3.1 Any promised deadlines or dates for the delivery of goods or services shall always be approximate, unless a fixed deadline or fixed date was
promised or agreed.
3.2 The fulfilment of our obligations to deliver is subject to the prompt and orderly fulfilment of your obligations, especially the obligation to pay in
advance, if agreed. We reserve the right to raise the plea of non-performance.
3.3 We will inform you immediately if we are unable to meet binding delivery deadlines for reasons beyond our control (non-availability of the
service) and at the same time we will name an expected new delivery date. If the service cannot be provided within the new deadline we shall
be entitled to withdraw from all or part of the contract; we will refund any payments already made immediately. The service shall be considered
as not available in particular if our suppliers do not deliver punctually and we have concluded a congruent hedging transaction with them,
neither we nor our suppliers are to blame or if in individual cases we are not obliged to procure. Our statutory rights to cancellation and
termination as well as the statutory regulations governing the performance of the contract in the event of the exclusion of the duty of
performance (e.g. where the performance of the service is impossible or requires unreasonable effort and/or subsequent performance) remain
unaffected.
3.4 The start of our default on delivery shall be determined by statutory provisions. You are, however, required to send us a reminder.
4. Transfer of risk - delay in acceptance
4.1 Unless otherwise agreed in the order confirmation, delivery shall be effected "ex warehouse" Freyung. If the ordered goods are to be
dispatched and/or if you request this, dispatch will be effected "ex warehouse" for your account and risk (contract of sale involving the carriage
of goods mail order purchases). Unless otherwise agreed, we shall be entitled to determine the type of dispatch (especially the transport
company, me thod, packaging).
4.2 The risk of any accidental loss of or deterioration to the goods shall be transferred to you as the customer at the latest upon handover.
However, in the event of a contract of sale involving the carriage of goods, the risk of any accidental loss of or deterioration to the goods and
the risk of delay are transferred to you when the goods are handed to the forwarding agent, the freight carrier or any other person or institution
entrusted with the carriage.
4.3 If you are in default of acceptance, fail to perform an act of assistance or if our delivery is delayed for other reasons for which you are
responsible, then we shall be entitled to demand compensation for the ensuing damage including additional expenses (e.g. storage costs). We
shall charge a lump sum compensation fee of ten (10) euros per calendar day, starting on the delivery date or, if no delivery date was set, on
the date that we notified you that the goods are ready for dispatch. We reserve the right to prove higher damages and to assert our statutory
rights (especially reimbursement of additional expenses, reasonable compensation, termination of the contract); the lump sum compensation is
to be offset against any other monetary claims. You shall be entitled to prove that no damage or substantially less damage occurred than the
lump sum compensation.
5. Prices and conditions of payment
5.1 Unless otherwise agreed in individual cases our current prices valid on the date of the contract shall apply "ex warehouse" plus statutory VAT.
5.2 Any gliding prices shall apply per article and size. When buying different articles and/or the same article but in different sizes, any gliding price
will be calculated on the basis of the number/quantity of each article purchased per size.
5.3 In the event of a contract of sale involving the carriage of goods (No. 4.1), you shall bear the transport costs ex warehouse and the costs of
any transport insurance requested. You shall bear the cost of all customs duties, fees, taxes and other public charges. Transport packaging and
all other packaging within the meaning of the Packaging Ordinance may not be returned but becomes your property; euro pallets are excluded
from this clause.
5.4 Unless otherwise agreed, delivery shall be effected against payment in advance or cash on delivery. The purchasing price is due for payment
immediately against invoice on conclusion of contract. The statutory regulations apply with respect to the consequences of default of payment.
5.5 As a customer you shall only be entitled to exercise rights of set-off or retention for claims which are undisputed or final and binding. Further
more, a right of retention shall only exist if and insofar as your counter-claim is based on the same contractual relationship. In the event of
defective deliveries your opposing rights shall remain unaffected, especially the rights ensuing from 6.5 sentence 2 of these GTCs.
5.6 If it becomes apparent after the contract has been concluded that our entitlement to the purchasing price is jeopardised by the inability of the
customer to perform (e.g. an application for the opening of insolvency proceedings has been filed), we shall be entitled to refuse performance
in accordance with the statutory regulations and, subject to a deadline if necessary, to withdraw from the contract (Sect. 321 German Civil
Code). In the case of contracts for the manufacture of non-fungible items (made to customer's specifications) we may withdraw from the con
tract immediately; the statutory regulations on the dispensability of deadlines shall remain unaffected.