{"id":68,"date":"2020-01-07T13:55:52","date_gmt":"2020-01-07T13:55:52","guid":{"rendered":"https:\/\/2020.finger-online.net\/?page_id=68"},"modified":"2020-01-29T14:42:45","modified_gmt":"2020-01-29T13:42:45","slug":"agb","status":"publish","type":"page","link":"https:\/\/2020.finger-online.net\/en\/agb","title":{"rendered":"sale, payment and delivery"},"content":{"rendered":"
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<\/p>\n

Terms of sale, payment and delivery<\/a>

<\/strong><\/div>\n
I. General Commitment<\/strong><\/div>\n

<\/p>\n

1. Our deliveries, services and offers are exclusively based on these terms of sale, payment and\ndelivery (General Business Terms). Deviating terms, specifically the buyer\u2018s purchasing terms\nare hereby opposed.
Verkaufs-, Zahlungs- und Lieferbedingungen (AGB). Abweichenden Bedingungen, insbesondere
Einkaufsbedingungen des K\u00e4ufers werden hiermit widersprochen.<\/p>\n

2. If the general terms and conditions are not received by the buyer or if they were not submitted\nto him on another occasion, they will be applied within the scope of an ongoing business relationship among business people, if he knew or should have known these from an earlier business\nrelationship and also if we have never expressly mentioned their inclusion in an individual case.
anderer Gelegenheit \u00fcbergeben, so finden sie im Rahmen einer laufenden Gesch\u00e4ftsbeziehung
unter Kaufleuten Anwendung, wenn er sie aus einer fr\u00fcheren Gesch\u00e4ftsverbindung kannte oder
kennen musste und auch wenn wir im Einzelfall nicht ausdr\u00fccklich auf ihre Einbeziehung hingewiesen haben.<\/p>\n

<\/p>\n

II. Contract and payment terms <\/strong><\/p>\n

<\/p>\n

1. Settlement<\/p>\n

<\/p>\n

a) Settlements and agreements are only binding via a written confirmation and exclusively under\nthese sales terms. In the event of changing production and raw material costs, we are entitled to\ncharge the price valid on the day of the delivery.<\/p>\n

<\/p>\n

b) Our offers are provisional and non-binding; they only include invitations to submit an offer.\nProposal statements and all of the buyer\u2018s orders require a written or telex confirmation from\nus for their legal validity. The scheduled fulfillment of the order is valid as an acceptance of the\norder. The invoice then applies as order confirmation.<\/p>\n

<\/p>\n

c) Information contained in prospectuses, advertising catalogs, order forms and similar statements of an advertising content, in particular drawings, illustrations, dimensions, weights or other\nperformance data contained therein are only binding if formally agreed in writing.<\/p>\n

<\/p>\n

d) If the confirmation letter of the parties, which contain different provisions, cross the seller\u2018s\nconditions will apply.<\/p>\n

<\/p>\n

2. Prices<\/p>\n

<\/p>\n

a) Unless otherwise formally agreed, our prices are ex works, excluding packaging. We are entitled toan appropriate adjustment for prices, which are obviously based on a miscalculation.<\/p>\n

<\/p>\n

b) All wages and salaries, freight and customs duties etc. that become indirectly more expensive\nafter the business transaction due to the new federal and state laws will be the buyer\u2018s responsibility. Alternatively, we are entitled to a corresponding reduction of granted discount rates in the\npresence of impending price increases, if the prices are not increased.<\/p>\n

<\/p>\n

3. Payment terms<\/p>\n

<\/p>\n

a) Unless otherwise agreed, all payments must be made in cash, less 2% discount within 8\ndays after the invoice date or net within 30 days. Offsetting is only permitted with claims recognized by us or legally determined by us. The payment shall be deemed as completed, when the\namount is unconditionally at our disposal.<\/p>\n

<\/p>\n

b) Check and draft payments require our prior written consent. Checks and drafts are only\naccepted by us for fulfillment and only under the conditions that they are bankable. Banking, discount and collection expenses as well as taxes incurred shall be borne by the buyer. Credits on\ndrafts or checks are always subject to the receipt, and without prejudice to an earlier due date of\nthe purchase price in the event of the buyer\u2018s default; they are based on the value date on which\nthe counter-value is available to us.<\/p>\n

<\/p>\n

c) From the starting date of the buyer\u2018s default, we are entitled to demand interest at the rate\nof 8 percentage points above the base rate as flat rate damage claim. The right to additional\ndamages, including higher interest penalties, remains reserved. The proof of lower damages\nremains the right of the buyer.<\/p>\n

<\/p>\n

d) Failure to comply with the payment terms or conditions that will be known us at the respective\nconclusion, and are suitable to reduce the buyer\u2018s credit worthiness will result in the immediate\ndue date of all of our claims, irrespective of the duration of any drafts. It also entitles us to only\nexecute any outstanding deliveries only against advance payment or securities, and withdraw\nfrom the fulfillment after a reasonable period or demand damages due to non-fulfillment, regardless of the right of withdrawal of the goods delivered under the retention of title at the expense of\nthe buyer.<\/p>\n

<\/p>\n

e) We are entitled to bill payments to the buyer\u2018s older debts, despite the buyer\u2018s deviating provisions, whereby initially the costs, then the interest and then the principal demand are charged.\nThe buyer will be informed of this.<\/p>\n

<\/p>\n

f) The buyer may only retain payments due to defects or other objections in the amount corresponding with the service interruption. An expert designated by the Chamber of Commerce and\nIndustry at our headquarters willdecide on the scope in case of disputes. The buyer and us will\ndivide the costs for engaging the expert equally.<\/p>\n

<\/p>\n

4. Retention of title.<\/p>\n

<\/p>\n

a) The following securities will be granted to us until all claims (including all claims from the\ncurrent account) to which we are entitled to based on any legal grounds against the buyer from\nthe business relationship, which will be released to us according to our choice, if and insofar as\ntheir value exceeds our total claim from the business relationship by more than 20%.<\/p>\n

<\/p>\n

b) The goods remain our property. Processing or transformation is always done for us as the\nmanufacturer, but without any obligation to us. Should our proprietary rights cease by virtue of\namalgamation, it is already agreed that the buyer\u2018s property rights of the single item is transferred proportionately (invoice value) to us. The buyer will store our (joint) property free of charge.\nGoods in which we have (co-) ownership shall be referred to as conditional goods hereinafter.\nincurred was significantly less than the above.<\/p>\n

<\/p>\n

c) The buyer has the right to process and sell the retained goods in proper business transactions and, provided he is not in arrears. Pledges or security transfers are not permitted. The\nbuyer is already transferring any demands resulting from the resale or any other legal reason\nconcerning the retained goods (including balance claims of the current account) in their entirety to us as a precaution. We are already accepting this transfer. We are authorizing the buyer\nrevocably to collect the demands assigned to us for his invoice in his own name. \nAndreas Finger GmbH Befestigungstechnik . Hinterm Gallberg 24 . 59929 Brilon . Tel. 02961 \/ 97744-0 . Fax 02961 \/ 97744-27 . info@finger-online.net . www.finger-online.net\nThis direct debit authorization can only be recalled, if the buyer does not meet his payment obligations properly.<\/p>\n

<\/p>\n

d) The buyer will point out our property in the event of third-party access to the retained goods,\nin particular seizures, and inform us immediately so that we can enforce our property rights. If\nthe third party is unable to reimburse us the judicial or out of court costs within this context, the\nbuyer shall be liable for these.<\/p>\n

<\/p>\n

e) In the event that the buyer acts contrary to the contract - especially concerning late payment\nwe are entitled to take back the retained goods or, where appropriate, demand the buyer\u2018s surrender claims against third parties, if necessary. The contract is not rescinded by the return or\nthe seizure of the retained goods.<\/p>\n

<\/p>\n

5. Security rights<\/p>\n

<\/p>\n

The buyer\u2018s absolute credit worthiness is a requirement for the delivery. If we\nreceive information after signing the contract, which make the amount resulting from the contract appear as not completely totally safe, or if the facts show that cast doubts in this regard, or\nif facts show a deterioration of the assets, cessation of payments, fiscal oversight, bankruptcy,\nbusiness dissolution, transition, etc., or if the buyer mortgages or orders inventories, accounts\nreceivable or purchased goods as security for other creditors or overdue invoices are not paid\nin spite of a reminder, we will be entitled to demand an advance payment or security from the\ncontract or demand damage compensation for non-fulfillment or cash payment, unless another\ntype of payment than cash payment is agreed.<\/p>\n

<\/p>\n

III. Delivery Terms<\/strong><\/p>\n

<\/p>\n

1. Delivery Time<\/p>\n

<\/p>\n

a) Delivery dates or periods, which can be agreed to binding or non-binding, must be in\nwriting to be effective. Partial deliveries are permitted to a reasonable extent.<\/p>\n

b) The delivery period begins on the date of our order confirmation, but not before a complete\nclarification of all implementation details. The delivery period is considered to be adhered to\nwhen the dispatch readiness is announced, if the shipment is not possible through no fault of\nour own or that of the supplier plant or that of the sub-contractor. Minor violations of the delivery\ndate are irrelevant. Claims can therefore not be applied, unless fixed-date transactions have\nbeen agreed in writing.<\/p>\n

c) The agreed delivery period is extended - regardless of our rights from the buyer\u2018s delay - by\nthe period, in which the buyer is in default of his obligations from this or another conclusion.\nThe delivery and\/or service period is extended for delivery and service delays, which are not\nour responsibility according to point III. 2 - even if the binding agreed deadlines and dates within\na delay - by the period in which the service cannot be provided by us, including a reasonable\nstarting time. In these cases, we are entitled to withdraw from the contract completely or in part\nin reference to the unfulfilled part.<\/p>\n

d) The buyer cannot demand compensation for damages caused by the extension of the delivery date or arising from our release from our liability<\/p>\n

<\/p>\n

2. Force Majeure, Delays in Delivery<\/p>\n

<\/p>\n

a) We are not responsible for events that develop by circumstances which are beyond our influence. These include the occurrence of a Force Majeure, in particular, strikes, lockouts, mobilization, administrative orders, involuntary delays during operations, raw material shortages,\ndisruptions during the operation and transportation. This also applies, if these events occur with\nour suppliers or their sub-contractors.<\/p>\n

<\/p>\n

b) If the delivery or service difficulty exists longer than three months, the purchaser has the right\nto withdraw from the contract regarding the unfulfilled part after a reasonable notice. The buyer\nmust explain within a reasonable time at our request, if he continues to insist on the delivery or\nwithdraws from the contract due to the delay.<\/p>\n

<\/p>\n

c) If we do not adhere to the delivery date or 2. the service date for another reason that that\nspecified in Item III.\n2. a), the buyer may not apply the resulting rights until after a reasonable grace period of at least\n14 days.<\/p>\n

<\/p>\n

d) We are only liable in terms of a timely delivery at our own responsibility and that of our subcontractors. We are not responsible for our supplier\u2018s faults, since these are not our agents.\nHowever, we are obliged to transfer any claims against our subcontractors to the buyer upon\nrequest.<\/p>\n

<\/p>\n

f) If the buyer does not accept the ordered goods on the agreed delivery date or if he refuses to\naccept the goods, he is liable to compensate us for our damages. The damage compensation is\n25% of the net sales value of the goods. The buyer is responsible to demonstrate the development of minor damages.<\/p>\n

<\/p>\n

3. Risk Transfer and Shipment<\/p>\n

<\/p>\n

a) The reimbursement risk passes to the buyer with the result\nthat he is responsible for the payment of the purchase price as soon as the goods are transferred to the person performing the transport has left our warehouse for shipping. If the shipment\nbecomes impossible through no fault of our own, the risk is transferred to the buyer with the\nmessage of the readiness to ship.<\/p>\n

<\/p>\n

b) FOB and CIF transactions require a separate agreement.<\/p>\n

<\/p>\n

c) Dispatch route, method of transportation and protective material, which must be specifically\nmarked as covered and special vehicles, are according to our choice with the exclusion of any\nexclusions or liabilities. Ready to ship goods must be retrieved immediately, otherwise, we have\nthe right to store these according to our discretion at the buyer\u2018s expense and risk, if they cannot\nbe shipped, and bill these as delivered from the factory.<\/p>\n

<\/p>\n

d) Unless otherwise agreed, the most cost-effective outer packaging will be charged. Crate\npackaging is credited at 2\/3 of the calculated value in good condition for freight-paid shipments.<\/p>\n

<\/p>\n

IV. Warranty and Limitation of Liability<\/strong><\/p>\n

<\/p>\n

1. Notification of defects<\/p>\n

<\/p>\n

a) The buyer must inspect the received goods immediately for quantity and quality. Apply \u00a7 \u00a7\n377, 378 of the German Commercial Code, with the proviso that the buyer reports defects within\n10 days after receiving the goods at the destination in writing and must list these specifically.\nDefects, which cannot be discovered within this period even after an immediate inspection,\nmust be reported immediately upon their discovery. If the buyer discovers defects in the goods,\nhe may not dispose of these, i.e. they may not be divided, resold, or further processed until an\nagreement is reached regarding the settlement of the claim.<\/p>\n

<\/p>\n

b) In case of justified complaints, we are entitled to define the type of subsequent fulfillment,\ntaking into account the nature of the defect and the legitimate interests of the buyer (including\nreplacement shipments in parts, repairs). The buyer must grant a reasonable period for subsequent fulfillments, however, at least 30 days. The buyer has the right of a reduction or withdraw\nfrom the contract, if the subsequent fulfillment fails.<\/p>\n

<\/p>\n

c) We will accept unprocessed defective goods for replacement shipments. We can replace the\nminimum value instead.<\/p>\n

<\/p>\n

2. Claims<\/p>\n

<\/p>\n

a) Claims by the buyer for the purpose of subsequently fulfilling necessary expenses (e.g.\ntransportation, routing, labor and material costs) do not exist to the extent that the expenses\nincrease, because the purchased product was delivered to a location other than the buyer\u2018s\nheadquarters or the commercial establishment, unless the delivery complies with the intended\nuse of the product.<\/p>\n

<\/p>\n

b) The warranty does not only include minor deviations of the properties of the delivered goods\nfrom the agreed quality, only minor impairments in usefulness, for natural wear and tear or natural wear and defects, which develop after the risk transfer due to faulty or negligent handling by\nthe user (such as unsuitable or improper storage or handling or applications, excessive stress).\nWhen delivering large quantities, a material defect is only present, if the defective material\nequals more than 2% of the delivered quantity<\/p>\n

<\/p>\n

c) The expenditure that must be verified, which developed during the defect detection, will be\ncharged to the buyer, if an order cannot be completed, because the objected defect is not present during the inspection or if the buyer was not present on the agreed date by his fault.<\/p>\n

<\/p>\n

d) The buyer may not derive any rights regarding the remaining quantity due to a defective partial delivery.<\/p>\n

<\/p>\n

3. Restriction of liability<\/p>\n

<\/p>\n

a) Damage and expense reimbursement claims by the buyer (hereinafter referred to claims for damages), for whatever legal reason, especially due to violations of\nduties from an obligation and from an unlawful act are ruled out. This does not apply in cases of\nassuming a guarantee or a procurement risk. This also does not apply, where a mandatory liability is present due to statutory provisions, especially under the Product Liability Act, in cases of\ngross misconduct, due to injuries to life, body or health, and the violation of essential contractual\nobligations. However, the claim for damages for the violation of essential contractual\nobligations is limited to the contractually typical, foreseeable damages, insofar as it does not involve any gross negligence, or a liability for the loss of life, limb or health. This does not include\na change in the burden of proof to the buyer\u2018s detriment.<\/p>\n

<\/p>\n

b) This rule applies for the buyer accordingly<\/p>\n

<\/p>\n

V. Place of fulfillment, judicial and legal status, partial invalidity<\/strong><\/p>\n

<\/p>\n

1. All disputes shall be decided in accordance with the substantive law of the Federal Republic\nof Germany. The application of uniform laws on the International Sale of Goods and on signing\nthe International Sales Contract of Goods and the CISG is excluded.<\/p>\n

2. Location of fulfillment and exclusive jurisdiction for all disputes resulting between the parties\nis Brilon.<\/p>\n

3. If a provision of the General Terms and Conditions or a provision within the scope of other\nagreements is or becomes invalid, then the validity of all other provisions or agreements will not\nbe affected. The completely or partially invalid provision will be replaced by a provision, the economic success of which will be as close as possible to the invalid provision.<\/p>\n

<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

1. Unsere Lieferungen, Leistungen und Angebote erfolgen ausschlie\u00dflich aufgrund der dieserVerkaufs-, Zahlungs- und Lieferbedingungen (AGB). Abweichenden Bedingungen, insbesondereEinkaufsbedingungen des K\u00e4ufers werden hiermit widersprochen. 2. Sind die AGB dem K\u00e4ufer nicht mit dem Angebot zugegangen oder wurden sie ihm nicht beianderer Gelegenheit \u00fcbergeben, so finden sie im Rahmen einer laufenden Gesch\u00e4ftsbeziehungunter Kaufleuten Anwendung, wenn er sie […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-68","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/2020.finger-online.net\/en\/wp-json\/wp\/v2\/pages\/68","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/2020.finger-online.net\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/2020.finger-online.net\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/2020.finger-online.net\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/2020.finger-online.net\/en\/wp-json\/wp\/v2\/comments?post=68"}],"version-history":[{"count":10,"href":"https:\/\/2020.finger-online.net\/en\/wp-json\/wp\/v2\/pages\/68\/revisions"}],"predecessor-version":[{"id":1468,"href":"https:\/\/2020.finger-online.net\/en\/wp-json\/wp\/v2\/pages\/68\/revisions\/1468"}],"wp:attachment":[{"href":"https:\/\/2020.finger-online.net\/en\/wp-json\/wp\/v2\/media?parent=68"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}