§ 1 Scope of application
(1) The general terms and conditions of business apply exclusively and only to companies, legal persons of public law or public-law special assets within the meaning of § 310 (1) bgb. Any terms and conditions of the customer that conflict with or deviate from Biosmetics terms and Conditions shall only be recognized by Biosmetics by written consent.
(2) These general terms and conditions also apply to all future transactions with the customer, as far as the legal business of a related nature is concerned.
§ 2 offer and conclusion of contract
Biosmetics offers shall always be subject to alteration. Offers, orders and ancillary agreements are only binding if they are confirmed by Biosmetics in writing. Information on quality, possible uses or colour, as well as illustrations or other information in catalogues, brochures, price lists or similar, are to be understood only as approximate values and in particular do not represent any assurance of properties, unless They are referred to in writing as binding. If an order is to be regarded as an offer according to § 145 BGB, Biosmetics can accept it within two weeks.
§ 3 documents left to the
Biosmetics reserves the right of ownership and copyright in all documents, such as calculations, etc., which are handed over to the customer in connection with the placing of the order. These documents may not be made available to third parties unless the orderer is given an express consent. As far as Biosmetics does not accept the offer of the customer within the period of § 2, these documents must be returned immediately.
§ 4 Prices and payment
(1) Unless otherwise agreed in writing, Biosmetics prices ex works exclusively apply to packaging and plus VAT in the valid amount. Cost of
Packaging will be charged separately.
(2) The payment of the purchase price has to be made exclusively to the aforementioned account. The withdrawal of cash discount is only permissible in the case of written special agreement.
(3) Unless otherwise agreed, the purchase price must be paid within 10 days of delivery. Interest on arrears shall be equal to 8% above the respective basic interest rate P.A.
calculated. The assertion of a higher delay damage is reserved.
(4) If no fixed preisabrede has been made, reasonable price changes will remain due to changes in the wage, material and distribution costs for deliveries that are three months or later
After conclusion of the contract, reserved. (5) Advance payments or guarantees made by the customer may be credited to payable liabilities by Biosmetics.
§ 5 offsetting/delay of reception and right of retention
(1) The purchaser is entitled to set off the right to offset only if his counterclaims are legally established or undisputed. In order to exercise a right of retention,
The customer is only authorized to the extent that his counterclaim is based on the same contractual relationship.
(2) If the buyer in arrears is refused the acceptance of the ordered goods even after the expiry of four weeks with the threat of rejection, or if they have previously expressly
Declares that it does not want to take off, Biosmetics can charge the customer for the costs incurred up to now.
(3) In the event of default of acceptance, the buyer shall pay the accumulated storage costs, which amount to 2% of the purchase price per month. The buyer remains free to prove that storage costs have not been incurred or are substantially lower than the lump sum. In the case of default of acceptance in respect of partial deliveries, the storage costs to be paid are based on the order amount of the unaccepted goods.
§ 6 Delivery time
(1) The commencement of the delivery period indicated by Biosmetics requires the timely and proper fulfilment of the obligations of the customer. The plea of the unfulfilled contract is reserved. Delivery times will be extended by at least the specified delivery time if samples are not accepted by the customer.
(2) If the customer is in default of acceptance or if he culpably violates other co-operation obligations, Biosmetics is entitled to demand compensation for the damage arising in this respect, including any additional expenses. Further claims are reserved. If the above conditions exist, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the purchaser at the time when the buyer has fallen into default of acceptance or debtor. (3) Further legal claims and rights of the customer due to a delay in delivery shall be
not taken into account.
§ 7 passing of risk at dispatch
If the goods are sent to the purchaser at the request of the customer, the risk of accidental loss or accidental deterioration of the goods shall be transferred to the customer at the latest with the dispatch of the work/warehouse. This applies irrespective of whether the shipment of the goods takes place from the place of performance or who bears the freight costs.
§ 8 Retention of title
(1) Biosmetics reserves the right of ownership of the delivered goods until full payment of all claims from the supply contract is made. This also applies to all future deliveries, even if Biosmetics does not always expressly refer to this. Biosmetics is entitled to take back the purchased goods if the customer behaves contrary to the contract.
(2) The customer is obligated to treat the purchased goods as long as the property has not yet been transferred to him. In particular, he is obligated to inadequately reassure the new value at his own expense against theft, fire and water damage. As long as the property has not yet passed, the purchaser shall immediately notify Biosmetics in writing if the delivered object is subject to seized or other interventions by third parties. If the third party is not in a position to Biosmetics the legal and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred.
(3) The customer is entitled to resell the reserved goods in normal business transactions. The customers ‘ claims arising from the resale of the reserved goods shall be
the customer is already at Biosmetics in the amount of the invoice amount agreed with Biosmetics (including value added tax). This assignment shall apply irrespective of whether the
Sold without or after processing. The customer remains authorized to include the claim even after the assignment. Biosmetics power to
to collect the claim itself remains unaffected. However, Biosmetics will not collect the claim as long as the customer has paid his payment obligations from the collected
is not in default of payment and in particular no application is made for the opening of insolvency proceedings or the cessation of payments.
(4) The processing or transformation of the purchased goods by the customer is always the name and on behalf of Biosmetics. In this case, the customer’s entitlement to the purchased goods shall continue on the object of the reformed item. If the purchased item is processed with other items not belonging to Biosmetics, Biosmetics acquires co-ownership of the new object in relation to the objective value of the purchased item to the
Other processed items at the time of processing. The same applies to the case of mixing. If the mixing takes place in such a way that the object of the customer is
The main thing is to be regarded as agreed that the purchaser Biosmetics proportionate co-ownership and the sole property or co-ownership of Biosmetics
Kept. In order to secure the Biosmetics receivables from the customer, the customer also assigns such claims to Biosmetics, which he is bound by the connections of the reserved goods with
A plot of land against a third party; Biosmetics accepts this assignment right now.
(5) Biosmetics undertakes to release the collateral to which Biosmetics is entitled at the request of the customer, as far as its value exceeds the receivables to be secured by more than 20%.