General Terms and Conditions of Sale and Delivery of Wheelguard GmbH i.G.
1. General scope
1.1 All deliveries, services and offers of Wheelguard GmbH i.G. (in the following also: Wheelguard) are made exclusively on the basis of these general sales and delivery conditions (hereinafter also: V + L conditions).
1.2 Our V + L conditions are exclusive; We do not recognize conditions of the customer that conflict with or deviate from our V + L conditions, unless we have expressly agreed to their validity in writing. Our V + L terms and conditions also apply if we carry out the delivery to the customer without reservation while being aware of terms and conditions of the customer that conflict with or deviate from our V + L conditions. The V + L conditions set out here shall be deemed to have been accepted by the purchaser at the latest upon receipt of the contractual goods by the purchaser.
1.3 Our V + L conditions also apply to all future transactions with the customer.
2. Offer and conclusion of contract
2.1 All price and product information of Wheelguard, in particular all information on the homepages www.wheelguard.de, are non-binding.
2.2 The ordering of products takes place by e-mail, fax or letter of the purchaser, whereby the product, the exact quantity and all further information necessary for the delivery / preparation - in particular the design of the magnet for the cup - as well as the requested delivery date and its tax No. or VAT ID no. are to be specified. The order is not a binding offer of the customer, but a request for a concrete offer from Wheelguard.
2.3 After receipt of the order Wheelguard sends the orderer the specific offer for the ordered products and informs about the expected delivery date. Insofar as the contractual purpose does not require exact agreement with the customer's specifications, the presentation of the delivery item (photos, drawings, illustrations, etc.) and the specification of its (technical) data (weights, dimensions, utility values, loading capacity, etc.) are ) without obligation, ie they do not represent a guarantee of quality, but merely serve to describe the delivery.
2.4 Wheelguard is bound to the concrete delivery offer for a period of two weeks. The acceptance of this offer and the release of any representations, in particular the design of the magnet for the cup, etc. takes place by fax, letter or mail of the customer.
2.5 Wheelguard retains ownership / copyright in all offers and estimates submitted by Wheelguard, as well as any drawings, illustrations, calculations, etc. provided to the Purchaser, on models and other documents and aids. Disclosure to third parties is only permitted with the prior written consent of Wheelguard.
3. Prices and payments
3.1 The sales prices of Wheelguard are denominated in Euro and are net prices, any applicable value added tax will be shown and calculated separately. Subject to special agreement, the selling prices shall apply from the place of performance specified in Section 4.2, excluding packaging, freight, postage, insurance and other shipping costs, which will also be charged separately, plus VAT if applicable. In addition, the purchaser also has to bear all applicable customs duties, import sales taxes and other statutory charges - plus VAT, if applicable.
3.2 Invoice amounts are always to be paid within 14 days from the date of the invoice without any deduction, unless otherwise agreed in writing, in particular the deduction of discount requires a special written agreement.
3.3 Acceptance of bills of exchange and checks is not considered fulfillment of our payment claims. Only the final redemption of the check or bill is considered payment. The resulting costs are borne by the purchaser and are due upon acceptance of the bill of exchange or the check.
3.4 Set-off against counterclaims of the Purchaser or the retention of payments due to such claims shall only be permitted if the counterclaims of Wheelguard have been acknowledged or have been legally established.
4. Delivery and delivery time
4.1 Upon conclusion of the specific contract (acceptance of the offer pursuant to Number 2.4) invoicing by Wheelguard will take place. After settlement of the full invoice amount by the purchaser, the delivery will be processed by Wheelguard, i. The delivery uses payment in advance.
4.2 If there is a period of more than 28 days between the invoicing by Wheelguard and the full settlement of the invoice amount (the decisive factor for the adherence to the deadline is the receipt of the funds in Wheelguard's account), Wheelguard is entitled to deviate from the conditions laid down in the contract Prices are to be based on the current prices for the delivery and to charge the excess amount. If the customer refuses to settle the excess amount, Wheelguard is entitled to withdraw from the contract without the purchaser being able to derive compensation claims from this.
4.3 The place of performance for the delivery is the location of Wheelguard in Wildeshausen, unless otherwise specified in the offer by Wheelguard. If the delivery of the ordered goods on behalf of Wheelguard directly from the manufacturer to the purchaser, the place of performance is the seat of the manufacturer. With the transfer of the goods to the purchaser or the transfer of the goods to the carrier / third party commissioned with the transport, the risk is transferred to the purchaser, i. the transport risk is at the expense of the customer.
4.4 The delivery date communicated by Wheelguard is a non-binding specification, unless a fixed deadline or a fixed deadline has been expressly agreed or agreed (fixed transaction). If shipment has been agreed, delivery periods and delivery dates refer to the time of transfer to the freight forwarder, freight carrier or other third party commissioned with the transport.
4.5 Compliance with the delivery obligation presupposes the timely and proper fulfillment of the customer's obligations. The delivery period does not begin before the purchaser has provided any documents, permits, releases and before receipt of the agreed advance payment.
4.6 War, strike, lockout, shortage of raw materials and energy, operational and traffic disruptions, high-handed dispositions, legislative or administrative measures as well as all cases of force majeure - even with our suppliers - exempt Wheelguard for the duration of the disruption and to the extent of their effects from the obligation to deliver or to extend the delivery period reasonably. Such events entitle Wheelguard to rescind the contract without the purchaser being entitled to compensation. The aforementioned circumstances are not responsible for Wheelguard even if they arise during an already existing default. If the delivery is carried out, Wheelguard is entitled to charge any additional costs for the replacement of raw materials and / or to deviate from the composition and the guaranteed values, insofar as this requires the obstruction and the customer's interest is only insignificantly impaired ,
If the order can not be executed because Wheelguard is not supplied by its suppliers without any liability despite their contractual obligations, Wheelguard is entitled to withdraw from the contract. In this case, the purchaser shall be informed immediately that the ordered goods are not available and any services already rendered will be reimbursed immediately, and no further claim for damages exists.
4.7 Wheelguard is entitled to make partial deliveries, in particular if the partial delivery can be used by the customer within the scope of the contractual purpose and the delivery of the remaining ordered goods is ensured.
4.8 If Wheelguard is in default of delivery or if delivery becomes impossible for any reason whatsoever, Bottoms Up Beer's liability for damages shall be limited in accordance with clause 5 of these V + L conditions.
5. Warranty rights
5.1 Upon receipt of the goods, the purchaser must immediately inspect them for defects and report any defects to Wheelguard immediately in writing. Otherwise, the goods are considered as accepted and the goods as approved (see § 377 HGB). If a hidden defect becomes apparent later, the defect notification must also be reported immediately, but no later than within one year of the transfer of risk to Wheelguard.
5.2 The delivered goods shall only have the properties resulting from the contract and the product descriptions or operating instructions supplied with the goods. It is expressly pointed out that in particular the installation and cleaning of the dispensing systems may only be carried out by (certified) specialist firms.
5.3 Upon delivery of the products, customary deviations as well as deviations, which occur on the basis of legal regulations or represent technical improvements, are permissible. In addition, the replacement of components with equivalent parts is permitted provided that they do not affect their usability for the purpose for which they are intended. The aforementioned deviations therefore do not represent a defect, as far as they do not contradict the agreed quality.
5.4 If there is a defect for which Wheelguard is responsible, Wheelguard is entitled, at its discretion, to rectify the defect, to make subsequent deliveries, to take back the goods or to grant a reasonable discount to the purchaser. If Wheelguard is not prepared or unable to rectify the defect, in particular if the removal of the defect is delayed beyond reasonable periods for reasons for which Wheelguard is responsible, or if the defect removal / replacement delivery fails in any other way, the customer is entitled to cancel the contract. withdraw or demand a corresponding reduction of the purchase price.
6.1 Claims for damages, for whatever legal reason they exist - in particular also claims for damages within the scope of warranty rights - are excluded unless they are based on gross negligence or intent on the part of Wheelguard, its legal representatives or their vicarious agents.
6.2 The restriction according to section 6.1 to the replacement only for intentional and grossly negligently caused damage does not apply to damages resulting from injury to life, body and health.
6.3 The limitation of liability according to Number 6.1 also does not apply in case of violation of so-called cardinal obligations, i. in case of breach of material contractual obligations. In the latter case, however, compensation is limited to typical damage, unless the damage is due to intent or gross negligence.
6.4 In the cases of 6.1 and 6.3 the maximum amount of damages per claim is limited to the maximum amount of the existing liability insurance for Wheelguard, this maximum amount currently being EUR per claim. Securing a higher risk is possible through individual written agreement of the purchaser with Wheelguard against assumption of the resulting additional costs.
7. Statute of limitations
7.1 The limitation period for claims and rights due to defects in the delivery - for whatever legal reason is one year.
7.2 The period of limitation according to Number 7.1 also applies to all claims for damages against Bottoms Up Beer that are related to the defect - regardless of the legal basis of the claim.
7.3 The limitation period for all claims according to clauses 7.1 and 7.2 begins with the transfer of risk in the sense of clause 4.3.
7.4 The limitation period for other claims for damages is 1 year from the occurrence of the damage and knowledge of the injuring party, this does not apply to claims for damages for injury to life, limb or health and in case of breach of so-called cardinal obligations (essential contractual obligations).
8. recourse (478 BGB)
Recourse claims of the purchaser against Wheelguard in accordance with § 478 BGB (recourse of the entrepreneur) exist only to the extent that the purchaser has not made any agreements with his customer beyond the legal claims for defects.
All data is stored electronically and / or manually in accordance with data protection laws and other legal provisions and regulations. As far as necessary for the business transaction or according to legal requirements, we give the data (or parts thereof) under observation of the legal regulations also to third.
10. Final provisions
10.1 For business relations and all legal relations with Wheelguard, the law of the Federal Republic of Germany applies exclusively, excluding international law.
10.2 The place of jurisdiction for disputes arising from contracts concluded on the basis of these V + L Terms and Conditions is the court having jurisdiction over the location of Wheelguard.
10.3 If any provision of these V + L Terms or any other agreement concluded on the basis of these V + L Terms is or becomes ineffective, this shall not affect the validity of the remaining provisions or agreements.
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which can be found 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.