Information in accordance with Sec. 5 Telemedia Act (TMG):
Bechlinger Straße 44
D-35614 Aßlar
Vertreten durch:
Herrn Jörg Schumann
Contact:
| Tel.: | +49 (0) 64 41 / 870 45 39 |
| Mail: | mail@nbs-schumann.de |
| Web: | nbs-schumann.de |
VAT-ID:
VAT identification number in accordance with Sec. 27 a VAT Act:
DE 191 170 925
Dispute resolution:
We are not prepared or obligated to take part in dispute resolution proceedings before a consumer board of arbitration.
As a service provider, in accordance with Sec. 7 para. 1 of the German Telemedia Act (TMG), we are responsible for proprietary content on these pages pursuant to general law. In accordance with Sections 8 to 10 of the Telemedia Act (TMG), however, as a service provider we are not obligated to monitor transferred or saved third-party information or to conduct research regarding circumstances that would indicate any illegal activity.
Obligations to remove or block the use of information pursuant to general law shall remain unaffected. Any liability in this regard shall be possible only from the time we become aware of a concrete legal violation. If we become aware of such legal violations, we will remove affected content immediately.
Our services include links to external third-party websites, over whose content we have no influence. Therefore, we can provide no guarantees regarding this third-party content. The service provider or site operator for the respective linked pages is always responsible for their content. The linked pages are reviewed for any potential legal violations at the time the links are created. No illegal content was discovered at the time the link was created.
It is not, however, possible for us to monitor content on linked sites without concrete grounds to do so. If we become aware of legal violations, we will remove affected links immediately.
The content and works created by the site operator on its pages shall be subject to German copyright law. Copying, editing, distributing, or any other use of this content that exceeds the limits of copyright law shall require the written approval of its author or creator. Downloads and copies of this page shall only be permitted for private, non-commercial use.
Insofar as content on this page was not created by the site operator, third-party copyrights have been observed. In particular, third-party content has been identified as such. If you do become aware of a violation of copyright law, we request that you notify us of the situation. If we become aware of legal violations, we will remove affected content immediately.
(1) These Conditions of Sale apply exclusively to business owners, legal entities under public law or public law special funds in the sense of Sec. 310 paragraph 1 BGB. We will only recognize conditions of the Customer that contradict or deviate from our Conditions of Sale if we agree to such conditions expressly in writing.
(2) These Conditions of Sale also apply to all future transactions with the Customer, insofar as these are of a related type.
If an order is considered to be an offer in accordance with Sec. 145 BGB, we can accept it within two weeks.
We reserve rights of ownership and copyright to all documents provided to the Customer in the course of granting the order, such as calculations, drawings, etc. These documents may not be made accessible to third parties, unless we provide the Customer our express written consent to do so. If we do not accept the Customer’s offer within the term indicated under Sec. 2, these documents must be returned to us promptly.
(1) Unless otherwise agreed in writing, our prices are considered ex works and do not include packaging or the current valid VAT. Costs for packaging and shipping will be invoiced separately.
(2) The purchase price must be paid to the account indicated on the reverse side. Discounts are only permitted with a separate written agreement.
(3) Unless otherwise agreed, the purchase price must be paid within 8 days after delivery. If the order volume is over 1,000 euros, then the purchase price is payable within 10 days after invoicing, or a specific date will be agreed for payment of the purchase price. Default interest shall be calculated at 8 % APR p.a. We reserve the right to assert further damages resulting from the default.
(4) If no fixed prices have been agreed, then we reserve the right to change prices appropriately due to changed wage, material and distribution costs for deliveries completed 3 months or later after the contract is concluded.
The Customer is only entitled to offset claims if its counter-claims have been established in a court of law, or if they are undisputed. The Customer is only entitled to exercise its right of retention insofar as its counter-claim results from the same contractual relationship.
(1) In order for the delivery term we indicate to begin, the Customer must fulfill its obligations promptly and properly. We reserve the right to object if the Agreement is not fulfilled.
(2) If the Customer is in default of acceptance, or if it culpably violates its other cooperative obligations, we shall be entitled to demand reimbursement of any damages we incur in this regarding, including any additional expenses. We reserve the right to assert further claims. If the above requirements have been fulfilled, the risk of accidental loss or accidental deterioration of the purchased products, shall be transferred to Customer at the time it falls into default of acceptance or payment.
(3) If a delivery is delayed and this is not due to any intentional action or gross negligence on our part, then we shall be liable for lump sum default damages for each full week of the delay amounting to 3 % of the value of the delivery, and not more than a total of 15 % of the value of the delivery.
(4) Further statutory claims and rights of the Customer due to a delayed delivery shall remain unaffected.
If goods are shipped to the Customer at the Customer’s request, then the risk of accidental destruction or accidental deterioration of the goods shall be transferred to the Customer when goods are sent to the Customer, and at the latest when goods leave our plant/warehouse. This applies regardless of whether goods are sent from the place of fulfillment or who bears the freight costs.
(1) We reserve ownership to the delivered goods until full payment is received for all claims under the Delivery Contract. This also applies to all future deliveries, even if we do not expressly state as much. We are entitled to take back purchased goods if the Customer violates the Agreement.
(2) The Customer is obligated to treat purchased goods carefully until ownership of such goods is transferred to it. In particular, it is obligated to insure such goods sufficiently at its own cost against theft, fire and water damage at their new value (note: only permitted for sales of high-value goods). If maintenance or inspection work is required, the Customer must complete such work promptly and at its own cost. Until ownership has been transferred, the Customer must inform us promptly and in writing if the delivered objects are seized or otherwise exposed to third-party measures. If the third party is not able to compensate us for the judicial and extrajudicial costs of a suit in accordance with Sec. 771 ZPO, then the Customer shall be liable for costs incurred by us.
(3) The Customer is entitled to sell reserved goods in the normal course of business. The Customer hereby already assigns any claims by the purchaser resulting from sale of the retained goods to us, in the amount of the final invoice agreed with us (including VAT). This assignment shall apply regardless of whether the purchased goods have been sold with or without any further processing. The Customer shall remain entitled to collect the claim, even after the assignment. Our right to collect the claim ourselves shall remain unaffected. However, we will not collect the claim as long as the Customer fulfills its payment obligations from earnings received, is not in default of payment, and in particular as long as no motion has been filed to open insolvency proceedings, and the Customer is not insolvent.
(4) Processing, reworking, or restructuring the purchased goods by the Customer is always done in our name and on our behalf. In such cases, the Customer’s expectant right to the purchased goods shall also continue to apply to the restructured good. If the purchased goods are processed using objects that do not belong to us, then we shall obtain co-ownership of the new object in relation to the objective value of our purchased goods compared to the other processed objects at the time of processing. The same shall be true if our goods are mixed with others. If the goods are mixed in such a manner that the Customer’s goods are considered the primary goods, the Customer shall transfer proportional co-ownership to us and shall maintain sole ownership or co-ownership on our behalf. In order to secure our claims against the Customer, the Customer shall also assign claims to us which it has against third parties due to combining the reserved goods with a property; we hereby already accept this assignment.
(5) We hereby undertake to release the securities to which we are entitled upon request by the Customer, if their value exceeds the claims to be secured by more than 20 %.
(1) For the Customer to have any warranty rights, the Customer must have properly fulfilled its duties of inspection and filing of complaints in accordance with Sec. 377 HGB (German Commercial Code).
(2) Claims for defects shall expire 12 months after completion of our delivery of goods to our Customer (note: the warranty term is eliminated completely when selling used goods). The above provisions shall not apply if the law under Sec. 438 para. 1 no. 2 BGB (structures and structural components), sec. 479 paragraph 1 BGB (recourse claims) and 634a paragraph 1 BGB (structural defects) stipulate longer statutes of limitation. Our approval must be obtained before returning goods.
(3) If delivered goods are defective, despite our due care and diligence, and the defect already existed at the time of transfer of risk, then we will either repair the goods or deliver a replacement, at our discretion and conditional upon the requirement that the defect complaint was submitted promptly. We must always be provided with an opportunity to provide supplementary fulfillment within a reasonable time period. Recourse claims shall remain unaffected by the above regulation, without restrictions.
(4) If supplementary fulfillment is not successful, the Customer can withdraw from the Agreement or reduce compensation, regardless of any claims for damages.
(5) There may be no defect claims for insignificant deviations from the agreed characteristics, insignificant impacts on usability, natural wear and tear, or for damages caused after the transfer of risk by incorrect or negligent handling, excessive loads, improper operating materials, defective construction work, unsuitable construction site or certain external influences that were not assumed to exist under the Agreement. If the Customer or third parties carry out improper maintenance work or modifications, then there shall be no claims for defects for these and further consequences.
(6) Claims by the Customer in relation to expenses related to supplementary fulfillment, in particular transportation, commuting, work and material costs, are excluded, if the expenses increase because our delivered goods have been moved subsequently to any other location besides the Customer’s place of business, unless moving the goods is part of their intended use.
(7) The Customer shall only have recourse claims against us if the Customer has not made any agreements with its purchasers going beyond the mandatory statutory defect claims. Furthermore, paragraph 6 shall apply accordingly to the scope of the Customer’s recourse claim.
(1) This Agreement and all legal relationships between the Parties shall be subject to the law of the Federal Republic of Germany, excluding the UN Convention on the International Sale of Goods.
(2) The place of fulfillment and exclusive place of jurisdiction for all disputes arising from this Agreement is our headquarters, unless otherwise indicated in the order confirmation.
(3) All agreements concluded between the Parties for the purpose of carrying out this Agreement are recorded in writing in this Agreement.
(4) If an individual provision of this Agreement is or becomes invalid, or if this Agreement contains any gaps, this shall not affect the legal validity of the remaining provisions. The Parties hereby undertake to replace the invalid regulation with a legally valid regulation coming as close as possible to the economic purpose of the invalid regulation, or filling in the gap.
The defect notification obligation is one year for non-obvious defects. The term shall start at the beginning of the statutory limitation period.
The defect notification obligation is one year for non-obvious defects. The term shall start at the beginning of the statutory limitation period.
Reimbursement of Expenses for Supplementary Performance:
In accordance with Sec. 439 para. 2 BGB, the Seller must bear all expenses associated with supplementary performance (such as transportation, commuting, work and material costs).
Under new law, if the goods used in supplementary performance are defective, the Purchaser can either request that the defect be repaired or that defect-free goods be delivered, at its discretion, or may assert claims for damages if requirements for doing so are fulfilled. The Purchaser can only assert warranty rights – on a secondary basis – if supplementary performance is not successful, not possible or not reasonable: Withdrawal or reduction. Under new law, restrictions solely on supplementary performance are only invalid if the other contractual party does not expressly reserve the right of reduction if the supplementary performance fails.
In the course of commercial business, the company NBS Neue Backtechnik Schumann shall be liable to the Customers only for gross negligence and intentional actions in contractual and statutory liability cases. Its liability shall be limited to foreseeable damages in non-commercial business. Liability shall be limited to the full price of the order in question.
From the start of default, the Purchaser shall be liable to the Seller for default interest in addition to the purchase price. If a consumer is a party to the Purchasing agreement, whether as the Purchaser or Seller, then the interest rate shall be 5 % APR, or currently a total of 7.70 % (the next change in the basic interest rate is possible on 01/07/2007). For Purchasing agreements between companies, the interest rate shall be increased to 8 % under the reform of the law of obligations, or currently a total of 10.70 %.