General Business Condition of the Company
Trailer-Buy / Felix Kröger Fahrzeugbau e.K. ( Status: 01.01.2007) :
§ 1 Complete and exclusive validity
1. Our General Business Conditions (AGB) are valid for all agreed and further on to be agreed contracts, specially for the purchase and offer of vehicles, trailers and vehicleparts.
2. Our (GTCT) are valid exclusive, different or changed conditions of the business partner will not be accepted, only if we have agreed in written form to the change.
§ 2 Written form
Agreements are only valid, if they are made in written form.
§ 3 Offers and confidentiality of offers
1. Our offers are non binding, as far as there is no specially mentioned agreement in the offer or order confirmation.
2. Bookings and orders of our business partners are binding , which we can agree on in 4 weeks by order confirmation of fulfillment of order.
§ 4 Delivery date, part delivery and improvement reserve
1. Delivery dates, which are not exclusivly confirmed in written, so-called „FIX-Business“ are non-binding and approximate.
The non fulfillment of this delivery terms, does not entitle the client to cancel the order nor the claiming of compensation, unless the client announces this consequences in written form, with a grace period of 14 days after the mentioned delivery time.
Terms of delivery starts from the day of receiption of our order confirmation or our latest amendment confirmation.
2. Each business partner is allowed to proceed part deliveries as far as the other partner has not completly fulfilled his obligations.
3. For the interest of constant development of our products, we reserve the right of technical changes, which are at the state of the art or the change of regulations, as far as there will not result any disadvantage.
§ 5 Delivery and sending, transfer of risk and insurance
1. As far as the order confirmation is not stating different, the delivery condition agreed is „ ex works“ Bargteheide.
2. If delivery to client is agreed, the choice of Transport is after our decision. As far nothing else is confirmed in written, the transport cost (freight) is for the account of the buyer/client.
3. If the delivery to the client will not be done by us, the risk of the acciadentally deterioration or acciadentally lost of the product, will be on the responsibility of the client , after consignment has left our premises.
4. If the delivery to the client will be done by our truck, the risk of the acciadentally deterioration of the product, will be on the responsibility of the client , after our truck has reached the destination. The risk for the correct off-loading of the consignment is the responsibility of the buyer.
5. A transport insurance will only be issued on explicit written request from the client for his additional cost.
§ 6 Non - Liability for Export
Our products are manufactured for the German market according the latest regulations. The purchase of our trailers for the non-German, the transportation abroad and all necessary technical inspections and registration are for risk and cost of the buyer.
§ 7 Prices, Payments, Default consequences , Reminder charges
1. As far as the order confirmation is not stating different, our prices are valid without any reduction, specially no cash discount, in the currency EURO - € , on base „ex works“ edxclusive packing, freight and insurance; all charges involved in the before mentioned will be invoiced seperatly.
2. For end – consumers the offer, order confirmation or invoice’s final amount contains the current statutory level of VAT.
3. All expenses are without deduction payable after receiption of invoice. Is the client ,despite reminder, in delay of payment, complete or partly, we are entitled to charge default interest with an amount of 4 % over the actual bank rate of German federal Bank per annum, minimum 12 % , irrespectively of our right of withdrawal of contract. § 8 No. 3 is valid accordingly.
4. Our client is only allowed for netting, if he is in a position of a legally valid, indisputable or accepted counterclaim. To exercise the right of detention is only allowed for the client, if the counterclaim is based on the same contract.
5. Exceeds the client an agreed payment by installments with one rate to an agreed date of payment, then the full restpayment will be due in one amount without further reminder.
§ 8 Collection, compensation for default in taking delivery
1. If collection is agreed , the client is obligatet to collect the consignment in a period of 30 days after the informed collection date from our premises. Does the client not fulfill the collection in time, we are entitled to charge demurrage of EUR. 6,00 per day/vehicle. If agreed delivery is arranged the receiption of the vehicle has to be done without further notice of delivery.
2. Is the client in delay with the collection of the trailer, without given a written reason for the non-collection, he can be given a grace period with the advice that after the expiration of the collection he could be hold responsible for compensation.
3. Compensation can also been charged flat with 15 % of the purchase price, the client has the right to prove a lower disadvantage.
§ 9 Warranty, rework and accountability
1. For our sold articles there is a 24 month warranty from moment of transfer of risk. This is not valid for used or additional changed or not been used for what they are meant for. For such articles the warranty period is 12 month. For the quality of our workmanship the warranty is within the framework of the existing legislation, except for damages which occure from the follow up of free or verbal advices. Also we are not accountable for damages, which occure from the non-fullfilment of maintenance, e.g. tie up of wheel bolt after 50 km transportroute.
2. As far there is a default of an article, we are free in the choice of correction of the fault or replacement. In case of correction of fault we bear all the necc. expenses as far as the expenses will not occur because the article is not brought to the place of fulfilment. If the correction of fault or replacement failed for the second time or will be rejected from us, after written setting of reasonable period of time, the client is entitled, after his choice, to cancel the contract in written form or request an adequate
Abatement of the purchase price.
3. As far as there is no different result hereafter, all further claims of the client- for whatever reason – are excluded, as far as the damage is not depending on our intention or gross negligence or on a comfirmed ability of the article.
4. As confirmed are only the features of the new article, if they are part of the written order confirmation or contract.
5. As far as our accountability is denied, the same is also valid for personal accountability of our employees, agents and vicarious agents.
§ 10 Reservation of proprietary rights and lien on movable objects
1. We keep our propietary rights on the items sold by us until they are completly paid. If the client risks our goods subject to retention of title or lien on movable objects from a third party, he has to mark our property clearly and to inform the third party about our retention of title.
2. If the client is arranging a part-payment for several open invoices without excact written statement for which invoice the payment should be, we are free to choose from which open invoice we will deduct the payment, opposite § 366II BGB.
3. When client has delayed payment, we are entitled to take the article back and to utilize it for the best possible price. The taking back is not a cancellation of the contract.
§ 11 Competent court of jurisdiction, place of fulfilment, part-invalidity
1. As permitted by law : 22926 Ahrensburg-Germany ist agreed competent court of jurisdiction.
Only German Law is valid.
2. Place of fulfilment is in general : 22941 Bargteheide-Germany.
3. If some paragraphs are or will get null or inoperative, the remaining paragraphs will be unaffected.