GENERAL TERMS AND CONDITIONS

1. General information – Scope of application

Our terms and conditions of sale apply exclusively, supplementing the customs of the timber trade (Tegernsee customs). We do not recognise any terms and conditions of the purchaser that conflict with or deviate from our terms and conditions of sale, unless we have expressly agreed to their validity in writing.
Our terms and conditions of sale shall also apply if we carry out the delivery to the customer without reservation, despite being aware of terms and conditions of the customer that conflict with or deviate from our terms and conditions of sale.
Only written agreements are legally binding.
Our terms and conditions of sale apply only to entrepreneurs within the meaning of Section 310 (1) of the German Civil Code (BGB). Section 1 BGB.

2. Offer – Offer documents

If the order qualifies as an offer in accordance with Section 145 of the German Civil Code (BGB), we may accept it within two weeks.
We reserve ownership rights and copyrights to illustrations, drawings, calculations and other documents.
This also applies to written documents designated as ‘confidential’. The customer requires our express written consent before passing on such information to third parties.
The offers contained in the seller’s catalogues and sales documents, as well as on the Internet, unless expressly designated as binding, are always subject to change, i.e. they are to be understood only as an invitation to submit an offer.
Orders shall be deemed accepted if they are either confirmed in writing by the seller or executed immediately after receipt of the order or on schedule.
In this case, the invoice shall be deemed to be an order confirmation
If, after conclusion of the contract, the seller becomes aware of facts, in particular default of payment with regard to earlier deliveries, which, according to sound commercial judgement, indicate that the purchase price claim is at risk due to the buyer’s inability to pay, the seller is entitled to set a reasonable deadline for the buyer to choose between payment or appropriate security and, in the event of refusal, to withdraw from the contract, whereby the invoices for partial deliveries already made shall become due immediately. – payment or corresponding securities and, in the event of refusal, to withdraw from the contract, whereby the invoices for partial deliveries already made shall become due immediately.

Prices – Terms of payment – Online invoice

Unless otherwise stated in the order confirmation, our prices are ‘ex works’, excluding packaging; this will be invoiced separately.
Statutory value added tax is not included in our prices; it will be shown separately on the invoice at the statutory rate on the date of invoicing.
We reserve the right to adjust our prices appropriately if, after conclusion of the contract, cost reductions or cost increases occur, in particular due to wage agreements or changes in material prices. We will provide evidence of this to the customer upon request.
The deduction of discounts requires a special written agreement.
Unless otherwise agreed, the purchase price is due immediately upon receipt of the goods without deduction.
Payments by bill of exchange are only permitted by special agreement. Bills of exchange and cheques are only accepted on account of payment, not in lieu of payment. In the event of a cheque or bill of exchange protest, the seller may demand immediate cash payment in return for the return of the cheque or bill of exchange.
In the event of late payment, the statutory provisions shall apply. Any agreed discounts shall not be granted if the buyer is in arrears with payment for previous deliveries.
If the buyer defaults on payment, the seller is entitled, after issuing a prior warning, to take back the goods, enter the seller’s premises if necessary and remove the goods. The seller may also prohibit the removal of the delivered goods. The return does not constitute a withdrawal from the contract.
Payment may only be withheld to a reasonable extent due to defects or other complaints. In the event of a dispute, the amount shall be determined by an expert appointed by the buyer’s Chamber of Industry and Commerce. The latter shall also decide on the distribution of the costs of its involvement at its reasonable discretion
The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by us. In addition, he is authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
The customer will receive an invoice as a PDF document via the email address provided when placing the order. If the customer wishes to receive a paper invoice, this must be specified separately when placing the order.

4. Delivery, Transfer of Risk, and Delay

The service owed shall be deemed to have been rendered if the delivery item essentially complies with the contract, including quantities and dimensional tolerances of up to 10%.
The risk shall pass to the buyer when the seller makes the goods available at the agreed place of delivery.
Our confirmed delivery times are non-binding dispatch dates. We are entitled to make partial deliveries in the case of divisible deliveries and, with appropriate prior notification, to make early deliveries.
The delivery period shall be extended appropriately – even within a period of delay – in the event of force majeure and all unforeseen obstacles occurring after conclusion of the contract for which the seller is not responsible, insofar as such obstacles can be proven to have a significant influence on the delivery of the sold item. This shall also apply if these circumstances occur at the seller’s suppliers and their sub-suppliers. The seller shall inform the buyer of the beginning and end of such obstacles as soon as possible. The buyer may demand a statement from the seller as to whether they wish to withdraw from the contract or deliver within a reasonable period of time. Claims for damages are excluded in this case. The above provisions shall apply mutatis mutandis to the buyer if the aforementioned obstacles occur on the buyer’s side.
The seller shall only be liable for timely delivery in respect of its own fault and that of its vicarious agents. He shall not be liable for the fault of his suppliers, as they are not his vicarious agents. However, the seller is obliged to assign any claims he may have against his suppliers to the buyer upon request.
The buyer may only set a grace period for delivery if the agreed delivery date has been exceeded by more than two weeks. This grace period must be reasonable and amount to at least three weeks. After the grace period has expired without result, the buyer may withdraw from the contract. Any claim for damages against the seller due to breach of duty is excluded, unless the seller has acted with at least gross negligence or personal injury has occurred.

5. Packaging costs

Transport packaging and all other packaging in accordance with the Packaging Ordinance will not be taken back, with the exception of pallets.
If the customer so desires, we will cover the delivery with transport insurance; the costs incurred in this respect shall be borne by the customer.

6. Properties of wood

Wood is a natural product; its inherent properties, deviations, and characteristics must always be taken into account. In particular, the buyer must take its biological, physical and chemical properties into account when purchasing and using it. The range of natural differences in colour, structure and other characteristics within a wood species is part of the properties of wood as a natural product and does not constitute grounds for complaint or liability.

7. Notice of defects, warranty, liability

The seller shall only be liable for defects within the meaning of Section 434 of the German Civil Code (BGB) as follows: The buyer must inspect the goods received immediately for quantity and quality. Obvious defects must be reported to the seller in writing within 14 days. In the case of commercial transactions between merchants, Sections 377 and 378 of the German Commercial Code (HGB) remain unaffected. In all other respects, the Tegernsee customs shall apply. Im übrigen wird auf die Tegernseer Gebräuche erwiesen.
If the buyer discovers defects in the goods, they may not dispose of them, i.e. they may not be divided, resold, further processed or installed until an agreement has been reached on how to handle the complaint or until evidence has been secured by an expert appointed by the Chamber of Industry and Commerce at the buyer’s place of business.
In the event of justified complaints, the seller is entitled, taking into account the nature of the
In the absence of defects and the legitimate interests of the buyer, to determine the type of subsequent performance (replacement delivery, repair). The buyer must grant a reasonable period of time and opportunity for the defect to be remedied. If subsequent performance fails several times, the buyer may also withdraw from the contract or demand a reduction in price. Further claims by the buyer against the seller or its agents, regardless of the legal basis, are excluded, unless the seller has acted with at least gross negligence or personal injury has occurred.
Über einen bei einem Verbraucher eintretendenGewährleistungsfall hat der Käufer den Verkäufer möglichst unverzüglich zu informieren.
Sachmängelansprüche verjähren in 12 Monaten ab Lieferung.
Dies gilt nicht, soweit das Gesetz gemäß §§ 438 Abs.
1 Nr.2 (Bauwerke und Sachen für Bauwerke), 479 Abs. 1 (Right of recourse), 634a para. 1 No. 2 (construction defects) and 475 (purchase of consumer goods) of the German Civil Code (BGB) stipulate longer periods.
Claims for damages are governed by Section VIII. (General Limitation of Liability).
We do not accept any liability for improper use or handling of the subject matter of the contract. Warranty claims shall also lapse in the event of damage to or destruction of the contractual item due to improper handling or storage after the transfer of risk. Contrary to the information or guidelines provided by us as part of the contract, warranty claims of any kind against the seller shall lapse.
Standard commercial and/or manufacturing-related deviations in dimensions and materials do not constitute grounds for complaint about the subject matter of the contract. Where applicable, DIN standards and our factory standards apply to tolerances.
Except for door deliveries, excess or short deliveries of up to 10% in terms of quantity and number of items are permissible. They do not entitle the customer to make complaints about defects.
No warranty is provided for custom-made products based on the purchaser’s specifications, calculations or design documents if defects are attributable to these.

8. General limitation of liability

Claims for damages and reimbursement of expenses by the purchaser (hereinafter referred to as claims for damages), regardless of the legal basis, in particular due to breach of obligations arising from a contractual relationship and from tort, are excluded. This does not apply in cases where a guarantee or procurement risk has been assumed. Furthermore, this shall not apply in cases of mandatory liability, e.g. under the Product Liability Act, in cases of gross negligence, injury to life, limb or health, or breach of essential contractual obligations. However, claims for damages for the breach of essential contractual obligations are limited to the foreseeable damage typical for this type of contract, unless there is gross negligence or liability for injury to life, limb or health. This does not imply a change in the burden of proof to the detriment of the buyer.
This provision applies accordingly to the buyer.

9. Retention of title

The seller retains ownership of the goods until the purchase price has been paid in full. In the case of goods that the buyer purchases from the seller as part of an ongoing business relationship, the seller retains ownership until all of its claims against the buyer arising from the business relationship, including future claims, even from contracts concluded at the same time or later, have been settled. This shall also apply if individual or all claims of the seller have been included in a current account and the balance has been struck and acknowledged. If, in connection with the payment of the purchase price by the buyer, a bill of exchange liability of the seller is established, the retention of title shall not expire before the bill of exchange has been honoured by the buyer as the drawee. If the buyer is in default of payment, the seller is entitled to take back the goods after issuing a reminder and the buyer is obliged to surrender them.
If goods subject to retention of title are processed by the buyer into a new movable item, the processing shall be carried out on behalf of the seller without the seller being obliged to do so; the new item shall become the property of the seller. If processed together with goods not belonging to the seller, the seller shall acquire co-ownership of the new item in proportion to the value of the goods subject to retention of title to the other goods at the time of processing. If goods subject to retention of title are combined, mixed or blended with goods not belonging to the seller in accordance with Sections 947, 948 of the British Civil Code, the seller shall become co-owner in accordance with the statutory provisions. If the buyer acquires sole ownership through combination, mixing or blending, he hereby transfers co-ownership to the seller in proportion to the value of the goods subject to retention of title to the other goods at the time of combination, mixing or blending. In such cases, the buyer shall store the item owned or co-owned by the seller, which shall also be deemed to be goods subject to retention of title within the meaning of the above terms and conditions, free of charge.
If goods subject to retention of title are sold alone or together with goods not belonging to the seller, the buyer hereby assigns the claims arising from the resale in the amount of the value of the goods subject to retention of title with all ancillary rights and priority over the rest. The seller accepts the assignment. The value of the goods subject to retention of title is the seller’s invoice amount, which, however, shall not be taken into account if the rights of third parties conflict with this. If the resold goods subject to retention of title are co-owned by the seller, the assignment of the claims shall extend to the amount corresponding to the seller’s share in the co-ownership.
If goods subject to retention of title are installed by the buyer as an essential component in a property, ship, ship structure or aircraft of a third party, the buyer hereby assigns the assignable claims against the third party or the party concerned for remuneration in the amount of the value of the goods subject to retention of title, including all ancillary rights, including the right to grant a security mortgage, with priority over the rest; the seller accepts the assignment. No. 3.) Sentences 2 and 3 apply accordingly.
If goods subject to retention of title are installed by the buyer as an essential component in a property, ship, ship structure or aircraft belonging to the buyer, the buyer hereby assigns to the seller, with priority over the rest, all claims arising from the sale of the property, property rights, ship, ship structure or aircraft in the amount of the value of the goods subject to retention of title, including all ancillary rights; the seller accepts the assignment. No. 3.) Sentences 2 and 3 apply accordingly.
The buyer is only entitled and authorised to resell, use or install the goods subject to retention of title in the ordinary course of business and only on condition that the claims within the meaning of No. 3), No. 4) and No. 5) are actually transferred to the seller.
The seller authorises the buyer, subject to revocation, to collect the claims assigned in accordance with Nos. 3), 4) and 5). The seller shall not exercise its own collection authority as long as the buyer fulfils its payment obligations, including those towards third parties. At the seller’s request, the buyer shall name the debtors of the assigned claims and notify them of the assignment; the seller is authorised to notify the debtors of the assignment itself.
The buyer must immediately inform the seller of any enforcement measures by third parties against the goods subject to retention of title or the assigned claims, handing over the documents necessary for the objection.
Upon suspension of payments and/or application for the opening of insolvency proceedings, the right to resell, use or install the goods subject to retention of title or the authorisation to collect the assigned claims shall expire; in the event of a cheque or bill protest, the collection authorisation shall also expire. This shall not apply to the rights of the insolvency administrator.
If the value of the securities granted exceeds the claims (reduced by any advance and partial payments) by more than 20%, the seller shall be obliged to retransfer or release them at its discretion. Upon repayment of all claims of the seller arising from the business relationship, ownership of the goods subject to retention of title and the assigned claims shall pass to the buyer.

10. Construction services

For all construction work, including assembly, the German Construction Contract Procedures (VOB, Parts B and C) shall apply in the version valid at the time of conclusion of the contract, provided that the order is placed by a contractual partner active in the construction industry.

11. Gerichtsstand und anzuwendendes Recht

The place of performance and jurisdiction for deliveries and payments is Rottweil. However, the seller is also entitled to sue the buyer at their place of business. The relationship between the contracting parties is governed exclusively by the law applicable in the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

12. Place of jurisdiction – Place of performance

If the customer is a merchant, our place of business shall be the place of jurisdiction; however, we shall also be entitled to sue the customer at their place of residence.
The law of the Federal Republic of Germany applies; the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
Unless otherwise stated in the order confirmation, our place of business shall be the place of performance.