Our general terms and conditions of sale
We confirm your order subject to the exclusive application of our General Terms and Conditions of Sale below.
§ 1 Validity
(1) These terms and conditions of sale apply exclusively. We do not recognize any deviating or conflicting terms and conditions unless we have expressly agreed to them in writing.
(2) These terms and conditions of sale shall also apply to all future transactions between the parties, even if we carry out the delivery of the goods in the knowledge of deviating or conflicting terms and conditions.
(3) These General Terms and Conditions of Sale apply only to entrepreneurs, legal entities under public law, or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB).
§ 2 Offer, Acceptance
If the order constitutes an offer within the meaning of § 145 BGB (German Civil Code), we are entitled to accept it within a period of two weeks.
§ 3 Prices, payment
(1) Our prices are ex works, plus the applicable statutory sales tax and excluding packaging costs, unless expressly agreed otherwise.
(2) The purchase price is due for payment net within 14 days of the invoice date. After the due date, default interest of 8% above the respective base interest rate p.a. will be charged. We reserve the right to assert further claims for damages caused by default.
§ 4 Offsetting, Retention
The buyer is only entitled to offset claims if his counterclaims are undisputed or have been legally established. The buyer is only entitled to assert rights of retention on the basis of counterclaims arising from the same contractual relationship.
§ 5 Delivery
(1) Delivery is subject to the timely and proper fulfillment of the buyer’s obligations. The right to plead non-performance of the contract is reserved.
(2) In the event of default of acceptance or other culpable breach of cooperation obligations on the part of the buyer, we shall be entitled to compensation for the resulting damage, including any additional expenses. We reserve the right to assert further claims. In this case, the risk of accidental loss or accidental deterioration of the goods shall pass to the buyer at the time of default of acceptance or other breach of obligations to cooperate.
§ 6 Transfer of risk, shipping
If the goods are shipped at the buyer’s request, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer at the time of dispatch.
§ 7 Retention of title
(1) The goods remain our property until all payments have been received in full. In the event of breaches of contract by the buyer, including default of payment, we are entitled to take back the goods.
(2) The buyer must treat the goods with care, insure them appropriately, and, where necessary, maintain them.
(3) If the purchase price has not been paid in full, the buyer must notify us immediately in writing if the goods are encumbered with third-party rights or are subject to other third-party interventions.
§ 8 Warranty
(1) Any warranty rights of the buyer are subject to the buyer’s proper fulfillment of all inspection and notification obligations owed under Section 377 of the German Commercial Code (HGB).
(2) Warranty claims may be asserted within 12 months after the transfer of risk.
(3) In the event of defects in the goods, the buyer shall be entitled to subsequent performance in the form of rectification of the defect or delivery of a defect-free item. If the subsequent performance fails, the buyer shall be entitled to reduce the purchase price or withdraw from the contract.
§ 9 Liability
(1) In the event of intent or gross negligence on our part or on the part of our representatives or vicarious agents, we shall be liable in accordance with the statutory provisions; the same applies in the event of culpable breach of material contractual obligations. Unless there has been intentional breach of contract, our liability for damages shall be limited to the foreseeable, typically occurring damage.
(2) Liability for culpable injury to life, limb, or health, as well as liability under the Product Liability Act, shall remain unaffected.
(3) Unless expressly stated otherwise above, our liability is excluded.
§ 10 Applicable law, place of jurisdiction
(1) This contract is governed by the laws of the Federal Republic of Germany (excluding the UN Convention on Contracts for the International Sale of Goods).
(2) The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Munich.
Contact Steripower
Phone number. 08151 555 15 16
