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General Terms and Conditions

§ 1 Offers and conclusion of contracts
The order signed by the buyer shall be considered a binding offer. We can accept this offer within two weeks by sending a message confirming the offer or by delivering the ordered goods within this term.

§ 2 Handed over documents
We reserve the ownership and copyright of all handed over documents as calculations, drawings etc. when placing the order by the customer. These documents may not be revealed to third parties unless we have expressly approved it in written form. As far as we do not accept the offer of the customer within the period according to § 1 the documents have to be sent back immediately.

§ 3 Prices and Payment

(1) The customer is obliged to transfer the payment to the given account. Cash discount deduction shall only be deemed acceptable if expressly agreed to in written form.
(2) In the absence of any other agreement, the purchase price is due for payment within 10 days from the date of delivery. We will charge a default interest of 5% more than the base lending rate. The right to assert a higher claim for compensation is reserved. If we claim a higher damage for delay, the purchaser has the right to prove, that the claimed damage for delay has not been incurred at all or only a much lower one.

§ 4 Offsetting and rights to retention
The purchaser shall only be entitled to offset if its counterclaims are indisputable or have become res judicata. He shall be entitled to exercise the right of retention as far as his counterclaim is based on the same contractual relationship.

§ 5 Delivery time
(1) The beginning of the delivery time we quoted requires the in-time and proper fulfilment of the customers’ obligations. The defence of non-fulfilment of contract is reserved.
(2) If the customer is in default for acceptance or if he violates other duties of cooperation, we are authorized to claim the damage incurred by us, including possible additional expenses. We reserve the right to additional claims. The customer shall be free to prove that a damage in the claimed height has not been incurred at all or only a much lower one. The hazard of loss by accident or accidental deterioration of the object of sale shall transfer to the customer at the point in time he defaults in taking delivery or is mora debitoris.
(3) We shall be liable in the event of a default in delivery for damages for delay expressed as a lump sum of 3 % for each full week of default not, however, to exceed 15% of the sum invoiced for the goods delivered as far as the delay in delivery was not induced intentionally or out of serious negligence.
(4) Further legal claims and rights of the customer due to a delay in delivery shall be unaffected.

§ 6 Reservation of title
(1) We reserve the title to the supplied product until all claims from the contract of delivery have been paid completely.
(2) The client is obliged to treat the purchased goods with due care until ownership has been transferred to him. He is obliged in particular to insure the goods at their replacement value against theft, fire and water damage at his own expense (note: only valid on sale of high-quality goods). If maintenance and inspection work has to be carried out, the client must ensure that this is done in a timely manner at his own expense. As long as ownership has not been transferred, the client has to notify us in written form immediately in the event that the delivered goods are distrained or otherwise subjected to the intervention of any third party. As far as the third party is not capable to refund us the court and out-of-court costs according to § 771 ZPO, the client should be liable for our loss.
(3) The processing or transformation of the purchased goods by the purchaser is always done on behalf and by order of us. In this case, the expectant right of the client to the purchased goods / transformed article is continued. If the purchased goods are processed along with other items which do not belong to us, we will acquire co-ownership of the new item at the ratio of the objective value of the purchased goods to the other processed items at the time of processing. The same applies in the event of mixing. If mixing is done in such a manner that the goods provided by the client can be regarded as the main article, it is considered as agreed that the client will transfer co-ownership proportionately to us and preserve sole or co-ownership acquired in this way on behalf of us. To secure our claims against the purchaser, the purchaser shall also assign claims to us, which he acquires towards a third party as a result of the connection of the reserved goods to a property.
(4) We oblige to release the collateral due to us upon request of the purchaser, as far as the value of our security exceeds the claims to be secured by more than 20%.

§ 7 Warranty and notice of defects
(1) The customer has to rebuke obvious defects in written form within 4 weeks after delivery of the subject matter of the contract.
(2) The customer has to face the choice between the supplementary performance in the form of repair or replacement. We are entitled, however, to refuse the type of supplementary performance chosen by the customer if disproportionately high costs are associated with this type of performance and if no substantial disadvantage ensues to the customer from the other type of supplementary performance. During the period of supplementary performance, the reduction of the purchase price or the withdrawal from the contract by the customer shall be excluded. A supplementary performance shall be deemed a failure after the second unsuccessful attempt, unless something else follows from the nature of the matter or defect or from other circumstances. If the supplementary performance has failed or if we have refused the supplementary performance altogether, the customer can demand either the reduction of the purchase price (decrease in value) or the withdrawal from the contract.
(3) The customer cannot claim damages for the defect on the following conditions until the supplementary performance failed or we refused any supplementary performance. The right of the customer to make further claims for damages based on the following conditions shall remain unaffected.
(4) Notwithstanding the aforementioned regulations and the following restrictions of liability, we shall have unlimited liability for damages or injuries to life, body and health caused by negligence of or caused intentionally by our legal representatives or vicarious agents, as well as for damages covered by the liability under the German Product Liability Act, as well as for any damages resulting from a breach of contract caused wilfully or by gross negligence or malice by our legal representatives or vicarious agents. As far as we gave a guarantee on the quality and/or durability of the goods or parts of them, we shall also be liable within the scope of this warranty. However, we shall only be liable for damages arising from the lack of the guaranteed quality or durability, but being not directly related to the goods, if the risk of such damages is apparently covered by the guarantee on the goods' quality and durability.
(5) We shall also be liable for damages caused by slight negligence, as far as this negligence concerns the infringement of contractual obligations the fulfilment of which is of particular importance for the attainment of the contract's purpose (cardinal obligations). We shall only be liable, however, if the damages are typically related to the contract and foreseeable. In the event of infringements of non-substantial secondary obligations caused by slight negligence, we shall not be liable. The restrictions of liability mentioned in sentences 1 to 3 shall also apply as far as the liability for the legal representatives, executive staff and other vicarious agents are concerned.
(6) Any further liability shall be excluded, notwithstanding the legal nature of the asserted claim. As far as our liability is excluded or limited, this shall also apply to the personal liability of our staff, representatives, salesmen and vicarious agents.
(7) The warranty period is 2 years. This period is also to apply to indemnities for consequential loss from defects, as far as no indemnity claims can be asserted for non-permitted acts.

§ 8 AOB
(1) For this contract and the whole legal relations between the parties exclusively the law of the Federal Republic of Germany excluding the UN-purchase law (CISG).
(2) If individual provisions of this contract are or become ineffective or contain a loophole, the remaining provisions shall not be affected.

Warranty terms

Duty to notification of defects

The term for notification of not obvious defects may not be set shorter than two years in the General terms and conditions (one year for second hand goods). The commencement of the term is the start of the statutory period of limitation.

Reimbursement of expenses on supplementary performance
The seller has according to § 439 Abs. 2 BGB to bear the expenses necessary for the purpose of supplementary performance (e. g. transportation, road, labour and material costs).

Limitation to supplementary performance

According to new law, the purchaser is entitled to choose as supplementary performance between the elimination of the defects or the delivery of non-defective goods. Only if the supplementary performance does not succeed, is not possible or not reasonable, the purchaser is entitled to claim – only secondarily – warranty claims: rescission or reduction. According to new law, limitations only on the supplementary performance are insofar ineffective, as far as the other party is not explicitly granted the right to reduce the purchase price in the case of failure of the supplementary performance.

Amount of the default interest
From the beginning of the delay, the purchaser owes the seller in addition to the purchase price a default interest. If one of the parties of the sales contract is a consumer, the interest rate will be 5% over the basic interest rate (currently in total 7.70%). If both parties of the sales contract are companies, the interest rate will be increased to 8% according to the reform of contract law (currently in total 10.70%).


Pefa-Modelltechnik
Industriestr. 33
79787 Lauchringen