General terms and conditions
Terms and Conditions (GTC)
§ 1 scope
These terms and conditions are an integral part of all offers and contracts for our deliveries and services to entrepreneurs in accordance with §14 of the German Civil Code (BGB).
Our deliveries and services, including those arising from future business relationships, are provided exclusively on the basis of the following terms and conditions. Any deviating agreements or general terms and conditions of the buyer are only valid if they have been expressly confirmed by us in writing.
In addition, and provided they do not contradict these terms and conditions, the customs of the timber trade apply, in particular the "Tegernsee Customs" in their currently valid version, including all annexes and their application. It is assumed that the buyer is familiar with their wording. Otherwise, the text will be sent to the buyer upon request.
Our offers are non-binding until we confirm the sale or provide the service. Documents included with the offer, such as plans, drawings, illustrations, weight specifications, etc., are only approximate unless expressly designated as binding. Standard tolerances apply to dimensions. We retain ownership and copyright of our cost estimates and all related documents. They may not be made available to third parties. The rights arising from the contract are not transferable by the buyer. Assignments are only permitted with our written consent.
§ 2 Prices, terms of payment
Unless otherwise agreed, our prices are net ex works, excluding discounts and rebates, plus VAT and any applicable freight charges. Packaging and requested samples will be charged separately and are non-returnable.
Unless otherwise agreed, the purchase price is due within 30 calendar days of the invoice date without deduction, or within 14 days with a 2% discount on the value of the goods. This also applies to partial deliveries, provided they are invoiced separately.
Bills of exchange are only accepted by special agreement and only as payment, subject to the calculation of all costs and expenses.
The buyer may only offset claims with counterclaims that are legally established or undisputed. The buyer may only assert a right of retention in the case of justified complaints regarding defects to the extent that these complaints are proportionate to the defects that have occurred.
In case of late payment, dishonored checks or bills of exchange, we are entitled to make further deliveries only against prepayment, to declare all outstanding invoices immediately due and payable, and to demand cash payment or security against the return of all checks and bills of exchange accepted as payment. Otherwise, the statutory provisions apply in case of late payment.
§ 3 Delivery, Shipping, Transfer of Risk
The stated delivery times are approximate and begin with the order confirmation, but not before the buyer has provided all necessary documents such as drawings, sample parts, etc.
We are not responsible for delivery delays due to force majeure or events that significantly impede or prevent delivery (e.g., operational disruptions, strikes, natural disasters, official or legal orders, disruptions to transport routes) – even if these occur at our suppliers – and even if delivery dates have been contractually agreed upon. Such events entitle us to postpone performance for the duration of the impediment plus a reasonable start-up period. We will inform the buyer of the beginning and end of such an impediment as soon as possible.
We are liable for any delivery or performance disruptions only for our own fault and that of our agents, not for that of our suppliers. At the buyer's request, we will assign to the buyer any claims we may have against our suppliers.
Claims for damages by the buyer due to delayed delivery exceeding the aforementioned limits are excluded, even after the expiry of a reasonable grace period set by the buyer, unless we are liable for intent, gross negligence, or injury to life, body, or health. This does not entail a shift in the burden of proof to the detriment of the buyer. If we are responsible for the delay in delivery, the buyer may withdraw from the contract in accordance with statutory provisions. No further claims for damages exist.
The risk passes to the buyer upon delivery of the goods to the buyer or to a carrier or freight forwarder. This also applies to carriage-paid deliveries and partial deliveries.
§ 4 Quality, Complaints, Limitation of Liability, Damages
Wood is a natural product. Its inherent properties and variations must be taken into account. Only our product description applies to the condition of the purchased item. Public statements or advertisements do not constitute a contractual specification of the item's condition.
To preserve warranty claims, the buyer must inspect the delivery immediately upon arrival for quantity, quality, and warranted characteristics. The buyer must report any obvious defects in writing within two weeks. If acceptance is carried out by the buyer or their representative, subsequent complaints are excluded. Non-obvious defects, or those that arise during or after use of the goods, must be reported immediately, but no later than ten business days after their discovery. The burden of proof for the time of discovery of the defect lies with the buyer. In the case of commercial transactions between merchants, Sections 377 and 378 of the German Commercial Code (HGB) remain unaffected. In the event of a justified complaint, we will, at our discretion, either repair the defective goods or provide a replacement within a reasonable period. If the reasonable grace period granted to us expires without repair or replacement, or if both fail, become impossible, or are refused by us, the buyer is entitled, at their option, to rescind the contract (withdrawal) or reduce the purchase price (abatement). The buyer has no right to withdraw from the contract in the case of minor defects. If the buyer chooses to withdraw from the contract, they are not entitled to any additional claim for damages due to the defect. We are only liable for the absence of warranted characteristics to the extent that the warranty is intended to protect the buyer specifically against damages resulting from the absence of those characteristics.
Claims for defects in goods expire after 12 months. This does not apply insofar as the law mandatorily prescribes longer periods in accordance with §§ 438 (1), 479 (1), 634a of the German Civil Code (BGB).
Claims for damages by the buyer, regardless of their legal basis, are excluded unless otherwise stipulated below. This applies in particular to consequential damages and claims for reimbursement of expenses by the buyer. In the event of a breach of essential contractual obligations, our liability is limited to the foreseeable damages typical for this type of contract. The provision in clause 3 does not apply in cases of mandatory liability, e.g., under the Product Liability Act, in cases of intent and gross negligence, or for injury to life, body, or health. This also does not entail any shift in the burden of proof to the detriment of the buyer. If delivery is impossible or for which we are responsible, the buyer's claim for damages is limited to a maximum of 10% of the value of the respective part of the delivery that was not made.
§ 5 Retention of title
All goods delivered by us remain our property until full payment has been received and all outstanding claims arising from our business relationship with the buyer have been settled. Without our consent, the buyer may not pledge, assign as security, or sell the goods.
In the event of access by third parties, in particular in the case of attachments or the exercise of a lien by the owner, the buyer must immediately inform us in writing and point out the retention of title to the third party.
In the event of default of payment, we are entitled to terminate the buyer's right of possession by unilateral declaration and demand the return of the goods subject to retention of title. The customer hereby grants his consent that we or our agents may enter the buyer's property and premises at any time where our goods are suspected to be located in order to collect them. Our assertion of retention of title does not require a withdrawal from the contract.
If the value of the collateral provided exceeds the outstanding claims (possibly reduced by down payments and partial payments) by more than 20%, we are obligated to release or reassign the excess collateral. Upon settlement of all our claims arising from the business relationship, ownership of the goods subject to retention of title passes to the buyer.
§ 6 Place of performance, jurisdiction, severability clause
The place of performance is our company's registered office. The place of jurisdiction for all claims arising from business relations with merchants or legal entities under public law is, by virtue of jurisdiction, either the Cham Local Court – Furth iW branch – or the Regensburg Regional Court. The same applies if the customer has no general place of jurisdiction in Germany, or if, after conclusion of the contract, they move their domicile or habitual residence out of Germany, or if their habitual residence is unknown at the time the action is brought. However, we are entitled to bring an action against the buyer at their place of business. The relationship between the contracting parties is governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Should one or more provisions of these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, the parties agree that a provision which, taking into account the other terms and conditions, most closely reflects the economic interests and presumed intent of the contracting parties shall apply. The parties undertake to cooperate fully in finalizing this replacement provision.
