Section 1
All deliveries and services provided by Diebels Recyclingmaschinen are subject to these terms and conditions. Any deviating and/or supplementary agreements require the express consent of Diebels Recyclingmaschinen and must be made in writing; this also applies to any waiver of the written form requirement.
Section 2
Diebels Recyclingmaschinen will adhere to agreed or specified delivery times as far as possible. If these are exceeded by more than six weeks, the customer has the right to set a grace period with the indication that they will refuse to accept the purchased item after the expiry of the period. This grace period must be at least one month. If no agreement on a new delivery date can then be reached, the customer may withdraw from the contract by written declaration after expiry of the grace period. If, in the event of delay or impossibility, the buyer demands compensation for non-performance, this shall be limited to a maximum of 5% of the purchase price in cases of slight negligence and shall only cover compensation for direct damage, i.e., in particular, not compensation for lost profits or other indirect damage. Further claims by the buyer—in particular for delivery—are excluded.
Point 3
The risk is transferred to the customer as soon as the goods have been handed over to the transport company and have left the warehouse. This also applies if Diebels Recyclingmaschinen has assumed the transport costs. Complaints regarding transport damage must be made by the customer directly to the transport company within the specified time limits. For shipments from the customer to Diebels Recyclingmaschinen, the customer bears all risks, in particular the transport risk, until the goods arrive at Diebels Recyclingmaschinen in Kalkar.
Point 4
Invoices from Diebels Recyclingmaschinen are due immediately and payable without any deductions. From the 10th day after the invoice date, Diebels Recyclingmaschinen is entitled to charge default interest at a rate of 3% above the respective discount rate of the Deutsche Bundesbank, unless Diebels Recyclingmaschinen can prove higher default interest or the buyer can prove a lower charge to Diebels Recyclingmaschinen, without the need for a prior reminder. Checks are only accepted on account of payment. Any expenses shall be borne by the customer. Offsetting is only permitted with undisputed or legally established claims. The customer may only assert a right of retention if it is based on the same contractual relationship.
Point 5
Complaints regarding the scope of delivery, material defects, incorrect deliveries, and quantity deviations must be made in writing immediately, at the latest within one week of receipt of the goods, insofar as these can be determined by reasonable inspection. In the event of justified complaints, Diebels Recyclingmaschinen will deliver the missing quantities and, subject to exclusion, exchange the goods, take them back or grant the buyer a price reduction at its discretion. If, in the event of an exchange of goods, the second replacement delivery is also defective, the buyer is entitled to rescission or reduction. The warranty for defects in equipment is limited to repair.
Section 6 Retention of title (
) The purchased item remains the property of Diebels Recyclingmaschinen until all claims arising from the contract have been settled. The retention of title also applies to all claims that Diebels Recyclingmaschinen subsequently acquires against the buyer in connection with the purchased item, e.g. due to repairs or other services. During the period of retention of title, the buyer is entitled to possess and use the purchased item in accordance with the contract, provided that they fulfill their obligations under the retention of title and their obligations arising from the business relationship in a timely manner. The customer is obliged to provide Diebels Recyclingmaschinen with all information necessary for the enforcement of rights arising from the agreed retention of title.
Section 7
Diebels Recyclingmaschinen is entitled to collect, store, and process the customer's personal data required within the scope of the business relationship.
Item 8
The invalidity of individual points of these General Terms and Conditions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a new provision that comes as close as possible to the economic effect of the invalid provision. The place of performance and jurisdiction for contracts concluded under these General Terms and Conditions is Kalkar/Kleve district.