§ 1 Scope of application, contractual object
1. For the sale and delivery of the products of Ziegler Arbeitsschutz GmbH, these General Terms and Conditions ("GTC") apply exclusively. We do not recognise conditions that contradict or deviate from our General Terms and Conditions unless we have expressly agreed to their validity in writing.
2. Our General Terms and Conditions also apply if we provide the service to him/her without reservation, in the awareness of customer conditions that conflict or deviate from our General Terms and Conditions.
3. These General Terms and Conditions apply both in relation to entrepreneurs in accordance with § 12 BGB and to consumers in accordance with § 13 BGB.
§ 2 Offer / conclusion of contract / offer documents
1. The products displayed in our catalogues or on our website do not represent a binding offer to conclude a purchase contract, but rather represent non-binding information about our product portfolio.
2. The customer's order by post, fax or email or telephone represents a binding offer, which we can accept within 2 weeks by sending an order confirmation or by delivery of the goods. Offers made by us beforehand, i.e. before the customer places an order, are non-binding and subject to confirmation.
3. Submitting a request for quotation via our website https://www.ziegler-metallgewebe.com/angebotsanfrage/[MR1] does not constitute a binding offer to conclude a purchase agreement, but rather a non-binding inquiry. The following offer by us is also non-binding and subject to change. This offer is subject to a binding order by the customer in accordance with Section 2.
4. We reserve the right to the ownership of and the copyright to figures, drawings, calculations and other documents. This also applies to those written documents that are designated as “confidential”. Any transfer to third parties requires our express prior written consent.
§ 3 Prices and payment terms
1. The prices quoted by us include the statutory value added tax plus the packaging and shipping costs, unless otherwise stated in the order confirmation.
If the customer is an entrepreneur, we only give the net price. The statutory value added tax is not included in our prices. It will be shown separately on the invoice in the legally prescribed amount on the date of preparing the invoice.
If the customer is an entrepreneur, the agreed price applies. If the price has increased at the time the service is provided by a change in the market price or by an increase in the fees charged by third parties involved in providing the service, the higher price applies.
If this is 20% or more above the agreed price, the customer has the right to withdraw from the contract. This right must be asserted immediately after notification of the increased price.
2. The total remuneration is payable within 14 days after receipt of the goods and without deduction of cash discount, unless otherwise agreed. The statutory regulations on default on payment apply.
3. The customer is only entitled to set-offs should their counterclaims be legally effective, uncontested or recognised by us. If the customer is an entrepreneur, he is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
4. Ziegler Arbeitsschutz GmbH is entitled to make partial deliveries if this is reasonable for the customer.
§ 4 Performance time / passing of risk
1. If delivery periods have been specified by us and made the basis for placing the order, such periods shall be extended in the event of strikes and cases of force majeure for the duration of the delay as well as a reasonable period of preparation. The same applies if the customer does not fulfil any obligations to cooperate.
2. If the customer is an entrepreneur, the delivery is agreed "ex works" unless otherwise stated in the order confirmation.
§ 5 Liability for defects
1. If the customer is a consumer, we are liable in the event of a defect according to the statutory provisions, as far as the following are no restrictions.
The customer must inform us with regard to obvious defects in writing within two weeks after the onset of the defect. If notification is not made within the above-specified period, the warranty rights are void. This does not apply if we conceal the defect maliciously or have assumed a warranty for the condition of the item.
If the customer is an entrepreneur, we reserve the right to choose the type of supplementary performance in the event of a defect.
2. If the customer is a consumer, the warranty period for delivery of a new item is two years, and one year in the case of a second hand item. The period begins with the transfer of risk. This shall not apply in the case of claims for damages arising from defects.
If the customer is an entrepreneur, the warranty period is always 1 year. The limitation period in the case of a delivery recourse according to §§ 478, 479 BGB shalll remain unaffected. This shall not apply in the case of claims for damages arising from defects.
3. The customer shall receive no guarantees from us in the legal sense.
§ 6 Liability for damages
1. We are liable only for customer damages if they are based on grossly negligent or intentional behaviour or on the violation of a substantial contractual obligation.
2. In the event of a slightly negligent breach of a material contractual obligation, the liability shall be limited in amount to the damage typically foreseeable at the beginning of the contract.
3. Claims for damages due to injury to life, body or health or under the Product Liability Act remain unaffected.
4. Insofar as our liability for damages is excluded or limited, this shall also apply to the personal liability for damages of our salaried employees, wage earners, staff, representatives and vicarious agents.
§7 Reservation of title
1. For contracts with consumers, we reserve ownership of the object of purchase until full payment of the purchase price.
2. If the customer is an entrepreneur, we reserve the ownership of the goods until the fulfilment of all claims against the customer, even if the concrete goods have already been paid.
3. The customer has to inform us immediately about the enforcement measures of third parties regarding the conditional commodity by handing over the necessary documents for an intervention. This also applies to any impairments of any kind. Independently of this, the customer is obliged to advise the third party in advance of the existing rights relating to the goods.
If the customer is an entrepreneur, he has to bear our costs of intervention unless the third party is able to reimburse them.
4. If the customer is an entrepreneur, he assigns to us for the case of the resale of the reserved goods already up to the fulfilment of all our claims from him arising from the mentioned transactions claims against his customers for security.
In the processing of the reserved goods, their transformation or their connection with another thing, we acquire direct ownership of the manufactured item. This is considered reserved goods.
5. If the value exceeds the security of our claims against the purchaser by more than 20%, then we have to release at the request of the purchaser and according to our choice our due securities in appropriate extent.
§ 8 Form of declarations
Legally relevant declarations and notifications the customer must submit to us or to a third party must be in writing.
§ 9 Place of fulfilment / choice of law / jurisdiction / final provision
1. Insofar as nothing in the contract applies otherwise, the place of fulfilment and payment is our registered office.
2. If the customer is an entrepreneur, this contract is governed exclusively by the law of the Federal Republic of Germany. The validity of the UN Sales Convention is excluded.
3. The exclusive place of jurisdiction for contracts with business people, legal entities under public law or special funds under public law is the court having jurisdiction over our registered office.
4. If any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
Right to revocation
You have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period comprises fourteen days from the day on which you or any third party that is not the carrier and had been appointed by you took possession of the goods.
To exercise your right of revocation, you must expressly notify us of this by sending us an unequivocal statement of your decision to do so (Ziegler Arbeitsschutz GmbH, Max-Eyth-Str. 2, 71665 Vaihingen/Enz, Germany; Phone +49 7042 / 911 15-0; Fax +49 7042 / 911 15-79; email@example.com) . You may use the attached sample cancellation form, but this is not required. In order to comply with the revocation period, you simply need to send us notice that you are exercising your right of revocation before the cancellation period has expired.
Consequences of rescinding your order
If you choose to withdraw from this Contract, we shall refund all payments which we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a shipping method which is different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received the notice of withdrawal from this Contract. The refund shall be issued to the same payment method which you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund. We may withhold the refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever takes place first.
You must ship back or deliver the goods promptly to us (Max-Eyth-Str. 2, 71665 Vaihingen/Enz, Germany) and in any event not later than fourteen days from the date on which you notify us of any withdrawal from this contract. The deadline is met if you send the goods back before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
End of the cancellation policy
According to § 312g para. 2 BGB the right of withdrawal does not exist for goods that are manufactured according to customer specifications or clearly tailored to personal needs.
(If you would like to revoke the contract, please complete this form and send it back to us.)
Ziegler Arbeitsschutz GmbH
Max-Eyth-Str. 2, 71665 Vaihingen/Enz
Phone: +49 7042 / 911 15-0
Fax: +49 7042 / 911 15-79
I (your name)___________________________ hereby revoke
the contract concluded by me for the purchase of the following
goods ______________________________________ (the product).
Ordered on _______________________ (order date)
received on _______________________ (delivery date)
Name of the consumer _______________________
Address of the consumer _____________________________
Signature of the consumer (only in the event of written notification)