General terms and conditions
General Terms and Conditions for Purchase and Work Contracts of Blossom-ic-intelligent controls AG
§1 Validity of the General Terms and Conditions
The general terms and conditions of Blossom-ic-intelligent controls AG apply exclusively and for all business relations with companies. General terms and conditions to the contrary or conflicting terms and conditions are not recognized. The deliveries, services and offers of Blossom-ic-intelligent controls AG are based exclusively on these General Terms and Conditions. These therefore also apply to all future business relations, even if they are not expressly agreed again.
§2 Conclusion of contract
1. Offers contained in brochures, advertisements, etc. are - also with regard to price quotations - subject to change and non-binding. In the case of specially prepared offers, Blossom-ic-intelligent controls AG is bound by specially prepared offers for ten calendar days.
2. If the customer of Blossom-ic-intelligent controls AG a binding offer for the conclusion of a contract of sale or contract for work and services, the customer is bound by this offer for 14 days.
§3 Prices, price changes
1. The statutory value added tax is included in the prices of Blossom-ic-intelligent controls AG are not included in the prices. It is shown separately in the invoice at the statutory rate on the day of invoicing.
2. Prices do not include packaging or travel costs.
3. Cost estimates are subject to a charge by agreement. Wage and purchase price claims of Blossom-ic-intelligent controls AG are subject to a limitation period of five years.
§4 Delivery times
1. Delivery dates or deadlines, which can be agreed upon bindingly or non-bindingly, must be in writing.
2. In the event of the existence of a delivery date or deadline set by Blossom-ic-intelligent controls AG is responsible for, the duration of the period of grace to be set by the customer is fixed at two weeks, which is to expire upon receipt of the written period of grace by Blossom-ic-intelligent controls AG.
§5 Dispatch and transfer of risk
1. The risk is transferred to the customer as soon as the consignment has been handed over to the person carrying out the transport or, for the purpose of dispatch, the company premises of Blossom-ic-intelligent controls AG for the purpose of shipment. If shipment is delayed at the customer's request, the risk is transferred to the customer upon notification of readiness for shipment.
2. At the customer's request, deliveries will be insured in his name and at his expense.
3. Dispatch within Germany: 12,00€ handling and packaging costs. From 500,00 € net value of goods, free shipping within Germany.
§6 Warranty (sales contract)
1. The customer's claims for defects presuppose that the customer has duly fulfilled his obligations to examine and give notice of defects in accordance with §377 HGB.
2. Blossom-ic-intelligent controls AG is entitled, at its discretion, to supplementary performance in the form of rectification of the defect or delivery of a new defect-free item. In the event of rectification of the defect or replacement delivery, Blossom-ic-intelligent controls AG is obliged to bear all expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs, provided that these are not increased by the fact that the purchased item has been taken to a place other than the place of performance.
3. If the supplementary performance fails, the customer is entitled to demand withdrawal or reduction of the purchase price at his discretion.
4. Blossom-ic-intelligent controls AG is liable in accordance with the statutory provisions, insofar as the customer asserts claims for damages based on intent or gross negligence on the part of representatives or vicarious agents of Blossom-ic-intelligent controls AG, are based on intent or gross negligence. Insofar as Blossom-ic-intelligent controls AG is not accused of intentional breach of contract, liability for damages is limited to foreseeable, typically occurring damage.
5. Blossom-ic-intelligent controls AG is liable in accordance with the statutory provisions, insofar as Blossom-ic-intelligent controls AG culpably breaches a material contractual obligation - in this case too, however, liability for damages is limited to foreseeable, typically occurring damage.
6. Liability for culpable injury to life, body or health remains unaffected. This also applies to the mandatory liability according to the product liability law.
7. Unless otherwise regulated above, liability is excluded.
8. The period of limitation for claims for defects is twelve months for newly manufactured goods; for goods brought in, the warranty is excluded - as far as legally possible.
§7 Warranty claims (contract for work and services)
1. Blossom-ic-intelligent controls AG shall initially provide warranty for defects in the goods at its discretion either by repair or new manufacture.
2. Blossom-ic-intelligent controls AG seriously and finally refuses performance, refuses to remedy the defect and subsequent performance due to disproportionate costs, subsequent performance fails or is unreasonable for the customer, the customer may, at his discretion, only demand a reduction of the remuneration (abatement) or rescission of the contract (withdrawal) and compensation for damages within the scope of the limitation of liability under §6 (4-7) instead of performance. However, in the event of only a minor breach of contract, in particular in the event of only minor defects, the customer shall not be entitled to withdraw from the contract.
3. Blossom-ic-intelligent controls AG is not responsible for the breach of duty resulting from a defect, the customer is not entitled to withdraw from the contract.
4. The customer's right to claim for defects expires one year after acceptance of the work/object of repair. The short limitation period does not apply if Blossom-ic-intelligent controls AG is guilty of gross negligence and in the event of the damage caused by Blossom-ic-intelligent controls AG or in the event of physical injury or damage to health attributable to Blossom-ic-intelligent controls AG or in the event of loss of life of the customer.
5. In the event of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims remain unaffected.
6. Blossom-ic-intelligent controls AG does not issue guarantees. In all other respects, the limitations of liability set out in §6 Para. 4-7 apply.
§8 Reservation of title
1. Until the fulfilment of all claims which Blossom-ic-intelligent controls AG is entitled to from the customer now or in the future for any legal reason, Blossom-ic-intelligent controls AG retains title to the goods delivered (reserved goods). The customer may not dispose of the reserved goods.
2. In the event of access by third parties - in particular bailiffs - to the goods subject to retention of title, the customer shall be entitled to the property of Blossom-ic-intelligent controls AG and shall inform the latter immediately so that Blossom-ic-intelligent controls AG can enforce its property rights. Insofar as the third party is not in a position to provide Blossom-ic-intelligent controls AG the court and out-of-court costs incurred in this connection, the customer shall be liable for them.
3. In the event of conduct by the customer in breach of contract - in particular default of payment - Blossom-ic-intelligent controls AG is entitled to take back the reserved goods at its own expense. The taking back and the seizure of the reserved goods by Blossom-ic-intelligent controls AG is not to be regarded as withdrawal from the contract.
1. Invoices of Blossom-ic-intelligent controls AG are payable immediately.
2. Blossom-ic-intelligent controls AG reserves the right to refuse cheques or bills of exchange. KG expressly reserves the right to reject cheques or bills of exchange. Acceptance is always on account of payment only. Discount and bill charges are to be borne by the customer and are payable immediately.
3. Blossom-ic-intelligent controls AG is entitled, notwithstanding any provisions to the contrary on the part of the customer, to set off payments initially against the customer's older debts, and will inform the customer of the type of set-off that has taken place. If costs and interest have already been incurred, Blossom-ic-intelligent controls AG is entitled to offset the payment first against the costs, then against the interest and finally against the main performance.
4. The customer is only entitled to offsetting rights if his counterclaims have been legally established, are undisputed or have been accepted by Blossom-ic-intelligent controls AG are recognized. In addition, he is entitled to exercise his right of retention insofar as his counterclaim is based on the same contractual relationship.
§10 Place of jurisdiction
1. If the customer is a registered trader, the registered office of Blossom-ic-intelligent controls AG is agreed as the place of jurisdiction.
2. The law of the Federal Republic of Germany applies - the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
3. Unless otherwise stated in the order confirmation, the place of business of Blossom-ic-intelligent controls AG is the place of performance.
D-87700 Memmingen (Germany), March 2019