1. scope

These terms and conditions are part of all offers and contracts for deliveries and services from Bahr GmbH & Co. KG (hereinafter referred to as entrepreneurs) to entrepreneurs in accordance with Section 14 of the German Civil Code (BGB), including in current and future business relationships. They also apply to services and construction services that are not the subject of an independent contract. The purchaser’s terms and conditions do not apply unless they are expressly recognized by the delivering company.

2. Offer and conclusion of contract

1. The entrepreneur’s offers are subject to change and non-binding; orders should be confirmed in writing. Changes, additions or additions should be made in text form.

2. Drawings, illustrations, dimensions, weights or other performance data should be recorded in written or electronic form.

3. Prices

Unless otherwise stated, the entrepreneur adheres to the prices contained in his offers for 30 days from the offer date. The prices stated in the entrepreneur’s order confirmation plus the respective statutory sales tax are decisive. Additional deliveries and services will be charged separately. The prices do not include the costs for packaging and freight unless explicitly stated.

4. Delivery and service time

1. Binding delivery dates or deadlines should be agreed in writing. Delivery times begin upon receipt of all documents required for the execution of the order (including order, technical information, production release), the down payment and the timely provision of materials and planning, unless otherwise agreed.

2. The entrepreneur reserves the right to have services or partial services provided by confidential suppliers.

3. If the service owed by the entrepreneur is delayed due to force majeure, a lawful strike, or incapacity through no fault of the entrepreneur or its suppliers, this entitles the entrepreneur to postpone the delivery or service for the duration of the hindrance, unless this conflicts with a recognized interest of the customer . The entrepreneur can only rely on this service and delivery time extension if he has informed the customer about the aforementioned hindrances.

4. The entrepreneur is entitled to make partial deliveries and partial services to the extent that this is reasonable for the customer.

5. Warranty

1. The descriptions of the agreed properties are decisive for quality and execution. The reference to technical standards serves to describe the service and is not to be interpreted as a guarantee of quality.

2. Claims for material defects as well as claims for compensation for damage that did not occur to the delivery item or the work itself (consequential damage) expire after 12 months. This does not apply if longer periods are mandatory by law. The limitation period begins with the acceptance of the work.

3. Obvious defects must be reported in writing two weeks after delivery of the goods or upon acceptance of the service. After this period has expired, warranty claims due to obvious defects can no longer be asserted.

4. If the order is a commercial transaction for both parties to the contract, the regulations of Section 377 of the German Commercial Code (HGB) apply accordingly.

5. In the case of justified complaints about defects, the entrepreneur has the choice of either fulfilling the defective delivery items or supplying the customer with a replacement in return for taking back the object in question. As long as the entrepreneur fulfills his obligations to remedy the defects, the customer does not have the right to demand a reduction in remuneration or withdrawal from the contract, unless the statutory subsequent performance has failed.

6. We reserve the right to insignificant and reasonable deviations in dimensions and designs, particularly in the case of repeat orders, provided these are inherent in the nature of the materials used and are common.

7. Deviations in dimensions and designs must be checked by the purchaser before further processing or use. Liability of the entrepreneur for consequential damages resulting from the purchaser’s breach of this obligation is excluded, unless the entrepreneur is guilty of intent, gross negligence or injury to life, body or health.

8. Unauthorized rework and proper handling will result in the loss of all claims for defects. Normal wear and tear do not justify claims for defects. This does not apply if the entrepreneur is guilty of intent, gross negligence or injury to life, body or health.

9. In the event of a breach of essential contractual obligations, the entrepreneur’s liability is limited to the foreseeable damage typical for the contract, provided there is no intentional action. Liability is only for the product sold if no

6. compensation

If the contractual service has been provided and accepted by the entrepreneur, the remuneration is to be paid within 10 days without deductions according to simple accounting, without a defined payment deadline. If the deadline is exceeded, default interest will be charged at the usual current account rate.

7. Liquidated damages

If the customer terminates the order before execution, the entrepreneur is entitled to demand 20% of the total order amount in addition to the service already provided (according to works contract law §631 BGB ff.) as compensation. The customer expressly reserves the right to prove lesser damage.

8. Retention of title
Delivered items remain the property of the entrepreneur until the remuneration has been paid in full.
The purchaser is obliged to immediately notify the entrepreneur in writing of any seizures of the items subject to retention of title and to inform the pledge creditors of the retention of title.
If the delivery is made for a business operation run by the customer, the items may be resold as part of proper business management. In this case, the purchaser’s claims against the customer resulting from the sale are already assigned to the contractor in the amount of the invoice value of the reserved item delivered. If the items are resold on credit, the purchaser must reserve title to his buyer. The customer hereby assigns the rights and claims arising from this retention of title towards his customer to the entrepreneur.
If the customer processes, combines or mixes the reserved items with other items, the entrepreneur is entitled to co-ownership of the new item in the ratio of the invoice value of the reserved items to the value of the remaining items.
If the value of the existing securities exceeds the claims to be secured by more than 20%, the entrepreneur is obliged to release this at the request of the customer.

9. Intellectual Property Rights
The entrepreneur reserves his ownership rights and copyright to cost estimates, drafts, drawings and calculations. They may not be used, reproduced or made available to third parties without permission. They must be returned immediately if the order is not placed.

10. confidentiality
Unless otherwise expressly agreed in writing or customary, the information provided to the entrepreneur in connection with the order is considered confidential.

11. Place of jurisdiction
If both contracting parties are merchants, the exclusive place of jurisdiction is the registered office of Bahr GmbH & Co. KG. German law applies to the exclusion of the UN purchase law.