Arnold Schröder Industrieöfen GmbH – Terms of Delivery
I. General provisions
All deliveries, services and offers of the seller are made exclusively on the basis of these general terms of delivery. These are part of all contracts that the seller concludes with his contractual partner about the supplies or services offered by him. However, general terms and conditions of the customer shall only apply insofar as the supplier or service provider (hereinafter: supplier) has expressly agreed to them. These conditions of sale also apply to all future transactions with the customer, as far as related legal transactions are concerned.
The Supplier reserves all proprietary and copyright exploitation rights to cost estimates, drawings and other documents (hereinafter “documents”). The documents may only be made accessible to third parties with the prior consent of the supplier and, if the order is not placed with the supplier, they must be returned to publishers without delay. Sentences 1 and 2 apply mutatis mutandis to documents of the purchaser; However, these may be made available to third parties to whom the supplier has legally delivered deliveries.
The purchaser has the non-exclusive right to use standard software with the agreed performance features in unmodified form on the agreed devices. The customer may make two backup copies without express agreement.
II. Prices and Terms of Payment
Prices are ex works excluding packaging plus applicable VAT. Our price lists are subject to change. Samples and samples are considered average failure. Illustrations, analyzes, information on dimensions and weights, loads, etc. are not binding.
If the supplier has taken over the installation or assembly and nothing else is agreed, the purchaser shall pay all necessary ancillary costs such as travel expenses, costs for the transport of the goods Hand tools and personal luggage as well as triggers.
Unless otherwise agreed, payments are to be made free of any deduction from the supplier’s point of delivery.
The purchaser can only set off claims that are undisputed or legally binding.
III. Retention of title
The Supplier retains ownership of the delivered goods until full payment of all claims under the Supply Agreement. The supplier is entitled to take back the purchased item if the customer behaves contrary to the contract.
The purchaser is obligated, as long as the property has not yet passed to him, to handle the goods with care. As long as the ownership has not been transferred, the purchaser must notify us immediately in writing if the delivered object is seized or subjected to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a claim pursuant to § 771 ZPO, the customer is liable for the loss incurred by us.
The customer is not entitled to resell the reserved goods.
If the purchased item is processed with other items not belonging to us, we acquire the co-ownership of the new item in proportion to the objective value of our purchased item to the other processed items Time of processing. The same applies to the case of mixing. If the mixing takes place in such a way that the customer’s item is to be regarded as the main item, it shall be deemed agreed that the customer assigns proportional co-ownership to us and keeps the resulting sole ownership or co-ownership for us.
IV. Deadlines for delivery and delay
If the goods are shipped to the purchaser at the request of the purchaser, at the latest when leaving the factory / warehouse there is a risk of accidental destruction or loss accidental deterioration of the goods to the purchaser. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight charges.
The beginning of the delivery time specified by us presupposes the clarification of all technical questions as well as the timely and proper fulfillment of the obligations of the customer. If these conditions are not fulfilled in time, the deadlines will be extended accordingly; this does not apply if the supplier is responsible for the delay. The objection of the non-fulfilled contract remains reserved.
Unforeseen events or force majeure beyond the supplier’s control, such as: As mobilization, war, riot, or strike, lockout, extend the delivery time appropriately. Compensation claims can not be derived from this.
Partial deliveries are permitted as far as they are reasonable for the orderer.
In the event of default in delivery, the supplier shall be liable for each completed week of delay in the context of a flat-rate compensation for default amounting to 0.5% of the delivery value, but not exceeding 3%. the delivery value. Further statutory claims and rights of the customer due to a delay in delivery remain unaffected.
If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for any damage incurred, including additional expenses. Further claims are reserved. If the above prerequisites are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time when the latter is in default of acceptance or payment.
Transport damage must be reported to the parcel service or the forwarding agent immediately and to the supplier in writing within 3 days at the latest be.
V. Risk transfer
The risk is also passed on to the purchaser as follows in the case of carriage paid delivery:
For deliveries without erection or assembly, when they have been dispatched or picked up. At the request and expense of the purchaser, deliveries are insured by the supplier against the usual transport risks.
For delivery with installation or assembly on the day of acceptance in own operation or, if agreed upon, after perfect trial operation.
If shipping, delivery, commencement, installation or assembly, takeover in own operation or trial operation is delayed for reasons for which the purchaser is responsible, or If the purchaser is in default of acceptance for other reasons, the risk shall pass to the purchaser.
VI. Installation and assembly
The buyer has to take over at his own expense and to provide on time:
all civil engineering, construction and other ancillary activities outside the industry, including the necessary specialist and auxiliary personnel, building materials and lubricants.
the commodities and materials required for assembly and commissioning, such as scaffolding, hoists and other equipment, fuels and lubricants.
Energy and water at the point of use, including connections, heating and lighting.
at the assembly point for the storage of machine parts, equipment, materials, tools, etc., sufficiently large, suitable, dry and lockable rooms and working and recreation rooms adequate for the installation personnel including the circumstances of appropriate sanitary facilities. Incidentally, in order to protect the possession of the supplier and the installation personnel on site, the customer must take the measures that he would take to protect his own property.
Protective clothing and protective equipment required by the circumstances of the installation site.
Prior to installation work, the customer must provide the required information on the location of concealed electricity, gas, water or similar installations and the required static information without being asked make.
Before commencing erection or assembly, the equipment and items required to commence the work must be at the installation or assembly point and all preparatory work must be completed before commencement of erection be advanced that the installation or assembly can be commenced as agreed and carried out without interruption. Access routes and the installation or assembly area must be leveled and cleared.
Should installation, assembly or commissioning be delayed due to circumstances not attributable to the supplier, the customer shall be entitled to cover the costs of waiting time and any additional travel required by the supplier to a reasonable extent of the assembly staff.
The orderer has to certify to the supplier weekly the duration of the working time of the assembly personnel as well as the completion of the installation, assembly or commissioning without delay.
If the supplier requires the acceptance of the delivery after completion, the orderer must make it within two weeks. If this does not happen, the acceptance is deemed to have taken place. The acceptance shall also be deemed to have taken place if the delivery has been put into use – possibly after the conclusion of an agreed test phase.
Warranty rights of the purchaser assume that the purchaser has examined the goods received for completeness, transport damage, obvious defects, condition and their properties. Obvious defects must be reported in writing to us by the buyer.
At first, the customer has the choice whether the supplementary performance should be carried out by repair or replacement. However, we are entitled to refuse the type of supplementary performance if it is possible only with disproportionate costs and the other type of remedy without significant disadvantages for the purchaser remains. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the purchaser are excluded. A rework is considered as failed with the second futile attempt. If the supplementary performance has failed or if we have refused the subsequent performance altogether, the order may at its discretion demand a reduction of the purchase price (reduction) or declare the withdrawal from the contract.
The purchaser can only assert claims for damages for the following conditions due to the defect if the supplementary performance has failed or if we have refused the supplementary performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected.
Without prejudice to the above provisions and the following limitations of liability, the supplier is fully liable for damage to life, limb and health resulting from a negligent or intentional breach of duty, his legal representatives or vicarious agents as well as for damages that are covered by the liability under the Product Liability Act, as well as for all damages that are based on intentional or grossly negligent breaches of contract as well as malice, its legal representatives or vicarious agents.
Insofar as the supplier has given a quality and / or durability guarantee with regard to the goods or parts thereof, he is also liable under this guarantee. However, the supplier is only liable for damage resulting from the absence of the guaranteed quality or durability, but does not directly affect the goods, if the risk of such damage is clearly covered by the guarantee of quality and durability.
The supplier shall also be liable for damage caused by ordinary negligence, insofar as this negligence relates to the breach of contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract , However, the supplier is liable only insofar as the damage is typically associated with the contract and foreseeable. Incidentally, the supplier is not liable for simple negligent breaches of non-essential secondary obligations.
Further liability is excluded regardless of the legal nature of the asserted claim. As far as the liability of the supplier is excluded or limited, this also applies to the personal liability of his employees, employees, representatives and vicarious agents.
The warranty period is 24 months for non-commercial end customers and 12 months for commercial end customers, calculated from the transfer of risk. Section 475 (2) BGB. This period also applies to claims for compensation for consequential damages, unless claims are made in tort.
Further warranty claims of the customer against the supplier and his vicarious agents are excluded; However, Article XI (Other Liability) remains unaffected.
VIII. Industrial Property Rights and Copyrights
If a third party raises legitimate claims against the purchaser due to the infringement of a commercial property right or copyright (hereinafter “property rights”) by the contractor used by the supplier, the supplier is liable Supplier to the customer as follows:
The supplier will, at his discretion, either at his expense, either & nbsp; & nbsp; Right to use the product, modify the product so that the & nbsp; Property right is not violated, or replace the product. If this is not possible for the supplier on reasonable terms, he must take the product back for reimbursement of the purchase price.
The above-mentioned obligations of the supplier only exist if the purchaser immediately informs the supplier in writing of the claims asserted by the third party, does not acknowledge an infringement and informs the supplier all Defensive measures and settlement negotiations remain reserved. If the customer suspends the use of the product for reasons of mitigation or other important reasons, he is obliged to inform the third party that the cessation of use does not constitute an acknowledgment of an infringement of property rights.
Buyer’s claims are excluded insofar as he is responsible for the infringement of property rights.
Claims by the purchaser are also excluded insofar as the infringement of property rights is caused by special requirements of the purchaser, by an application not foreseeable by the supplier or by the fact that the product of Orderer changed or used together with products not supplied by the supplier.
Further claims against the supplier are excluded; However, Article XI (Other Liability) remains just as unaffected as the right of the customer to withdraw from the contract.
Jurisdiction is the general jurisdiction.
X. Liability of the contract
This Agreement and all legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Changes and additions to this contract must be made in writing. This also applies to changes to this written form clause. Oral side agreements were not met.
Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected. The parties undertake to replace the ineffective provision with such legally permissible provision that comes closest to the economic purpose of the ineffective provision or fills in this gap.
As of: 01.11.2011
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution (OS) platform, available at https://ec.europa.eu/consumers/odr. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
Terms and Conditions Online Shop Arnold Schröder Industrieöfen GmbH
3. Shipping costs / delivery
6. return policy
1. Operator of the online shop and scope
1.1. This online shop is operated by Arnold Schröder Industrieöfen GmbH, Hafenstr. 10, 65439 Flörsheim. The Arnold Schröder Industrieöfen GmbH is registered at the register court of the district court Wiesbaden (HRB18332). Managing Director of Arnold Schröder Industrieöfen GmbH is Mr. Markus Schröder.
2.1. The presentation of the articles does not constitute a legally binding offer, but an invitation to you to submit a binding offer to us. Your offer can be submitted verbally, as well as by letter, fax, email or in the online shop by submitting the items placed in the shopping cart to us. After receiving your order in the online shop, you will automatically receive an e-mail (order confirmation). This e-mail only confirms that the order has been received by us. However, a purchase contract only comes into effect with the dispatch of our order confirmation by e-mail to you. The contract is concluded exclusively in German.
3. Returns 3.1. The delivery for orders from the online shop takes place with parcel service or forwarding, so it is not possible to deliver orders to a DHL or Post-Packstation! Per order, the buyer will be charged shipping costs of € 9.80 per parcel within Germany. If the weight of the ordered items exceeds 30 kg, the consignment will – if possible – be shipped in several packages in order to save costs for the customer. Alternatively, a shipping by forwarding, if it is cheaper, the total amount exceeds 100 kg or the order contains items that allow no shipping by parcel post due to their pack size or sensitivity. For orders containing dangerous goods, a surcharge of € 5, – will be charged for parcel shipping, for shipping by forwarding agency of € 10, -. Shipping costs by freight forwarding within Germany see table.
4.1. You will receive your invoice directly from us by e-mail, the package is just a delivery note.
5. Cancellation policy for consumers in accordance with § 13 BGB
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or – if the goods are delivered before the deadline – by returning the goods. The period begins at the earliest with receipt of this instruction. In order to maintain the cancellation period, the timely dispatch of the revocation or the goods is sufficient. The revocation or the return of the goods must be sent to:
Arnold Schröder Industrieöfen GmbH
Fax no. 06145-52514
In the case of an effective cancellation, the services received on both sides must be returned and, if applicable, any benefits (eg interest) incurred must be surrendered. If you can not return the goods to us in whole or in part or in a deteriorated condition, you may have to pay us compensation for the value. In the case of the release of goods, this does not apply if the deterioration of the item is solely due to its examination – as it would have been possible for you in a shop, for example. Incidentally, you can avoid the obligation to pay compensation for the deterioration caused by the intended use of the goods by not using the object as your own property and refraining from doing anything that impairs its value. Transportable items are to be sent back. Non-parcels are picked up at your place. You have to bear the costs of the return, if the delivered goods correspond to those ordered and if the price of the returned goods does not exceed € 40, -. Otherwise, the return is free of charge. Please note that the right of withdrawal does not apply to the following goods: – Goods that are manufactured according to customer specifications or clearly tailored to personal needs. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.
model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back) to:
Arnold Schröder Industrieöfen GmbH, Hafenstr. 10, 65439 Florsheim, Fax no. 06145-52514 or by email to: firstname.lastname@example.org
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following
– Were (*)/ –
– ordered on (*) / received on (*) –
– name of the consumer (s) –
– address of the consumer (s) –
– date / signature of the consumer (s)
(*) Please delete as appropriate
End of the cancellation policy
6. Return policy
6.1. Refund policy: You can return the goods received without giving any reason within 14 days by returning the goods. The period begins at the earliest with receipt of the goods and this instruction. Only in the case of goods that can not be shipped by parcel (for example, bulky goods) can you also return the goods by requesting a return in writing, eg. B. by letter, fax or e-mail explain. To meet the deadline, the timely dispatch of the goods or the return request is sufficient. You have to bear the costs of the return, if the delivered goods correspond to those ordered and if the price of the returned goods does not exceed € 40, -. Otherwise, the return is at our expense and risk. The return or the return request must be made with indication of the
– Order number / invoice number
– Articles to be picked up
– Pickup address
– E-mail address and telephone number for arrangement of the collection date on
Arnold Schröder Industrieöfen GmbH
Fax no. 06145-52514
The goods must be packed ready for shipment. In case of return request, the goods will be picked up at your place.
End of the return policy
We may process and store the data relating to the respective sales contracts, insofar as this is necessary for the execution and execution of the purchase contract and as long as we are obliged to store this data due to legal regulations. We reserve the right to transmit personal data of the customer to credit bureaus, as far as this is necessary for the purpose of a credit check, provided that the customer hereby expressly agrees in individual cases. Otherwise, we will not forward personal customer data to third parties without the expressly agreed consent of the customer, except insofar as we are legally obliged to disclose data. The collection, transmission or other processing of personal data of the customer for purposes other than those mentioned in this section is not permitted. As a customer, you are always entitled to object to the use of your address data for advertising purposes on our part for the future. Further information on data protection at Arnold Schröder Industrieöfen GmbH can be found on our homepage www.schroeder-industrieoefen.de/dsvgo.
8.1 If you as a customer are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the place of performance for all mutual services due from this contract is Wiesbaden.
Arnold Schröder Industrieöfen GmbH
Headquarters Flörsheim am Main / Hesse
Register court: district court Wiesbaden, HRB 18332
Telephone: 06145-60 05
Fax: 06145 – 5 25 14
Managing Director: Markus Schröder
VAT ID No .: DE 812338712
Bank details: Taunus-Sparkasse, Bad Homburg v.d.H.
Account No. 900 4149, bank code 512 500 00