All deliveries and services of Diebels Recyclingmaschinen are based on these terms and conditions. Any deviating and/or supplementary agreements shall require the express consent of Diebels Recyclingmaschinen as well as the written form; this shall also apply to any waiver of the written form requirement.
Diebels Recyclingmaschinen shall, as far as possible, comply with agreed or stated delivery times on time. If these are exceeded by more than six weeks, the customer shall be entitled to set a period of grace with the indication that he will refuse acceptance of the object of purchase after expiry of the period. This grace period must be at least one month. If an agreement on a new delivery date is then not 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 purchaser claims compensation for non-performance, this shall be limited to a maximum of 5% of the purchase price in the event of slight negligence and shall only include compensation for direct damage, i.e. in particular not compensation for loss of profit or other indirect damage. Further claims of the purchaser – in particular for delivery – are excluded.
The risk shall pass to the customer as soon as the goods have been handed over to the carrier and have left the warehouse. This shall also apply if Diebels Recyclingmaschinen has assumed the transport costs. Complaints due to transport damage shall be lodged by the customer directly with the transport company within the time limits provided for this purpose. In the case of shipments made by the customer to Diebels Recyclingmaschinen, the customer shall bear all risks, in particular the transport risk, until the goods arrive at Diebels Recyclingmaschinen in Kalkar.
Invoices from Diebels Recyclingmaschinen shall be due immediately and payable without any deductions. From the 10th day after the invoice date, Diebels Recyclingmaschinen shall be entitled to charge interest on arrears at a rate of 3% above the respective discount rate of the Deutsche Bundesbank, unless Diebels Recyclingmaschinen can prove higher interest on arrears or the Purchaser can prove a lower charge to Diebels Recyclingmaschinen, without the need for a prior reminder. Cheques shall only be accepted on account of payment. Any charges shall be borne by the customer. Offsetting shall only be permissible with claims that are undisputed or have been legally established by a court of law. The customer may only assert a right of retention if it is based on the same contractual relationship.
Complaints regarding the scope of delivery, material defects, incorrect deliveries and deviations in quantity must be made in writing immediately, at the latest, however, within one week of receipt of the goods, insofar as these can be determined by reasonable examination. In the event of justified complaints, Diebels Recyclingmaschinen shall deliver missing quantities and, subject to exclusion, shall, at its discretion, exchange the goods, take them back or grant the Buyer a price reduction. If, in the event of exchange of the goods, the second replacement delivery is also defective, the purchaser shall be entitled to rescission or reduction of the purchase price. The warranty for defects in equipment is limited to rectification.
The object of purchase shall remain the property of Diebels Recyclingmaschinen until the claims due under the contract have been settled. The retention of title shall also apply to all claims Diebels Recyclingmaschinen subsequently acquires against the Purchaser in connection with the object of purchase, e.g. due to repairs as well as other services. For the duration of the retention of title, the purchaser shall be entitled to possession and contractual use of the object of purchase as long as he meets his obligations under the retention of title and his obligations under the business relationship in due time. The customer shall be obliged to provide Diebels Recyclingmaschinen with all information required in the context of the pursuit of rights arising from the agreed retention of title.
Diebels Recyclingmaschinen shall be entitled to collect, store and process the personal data of the customer required within the scope of the business relationship.
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 in its economic effect to the invalid provision. The place of performance and jurisdiction for contracts concluded under these General Terms and Conditions is Kalkar/Kreis Kleve.