GENERAL TERMS AND CONDITIONS
Terms of delivery and payment of Bauspiel GmbH
Our current terms of delivery and payment apply exclusively to all deliveries. Deviating conditions of the customer require our written consent. By placing an order, our “General Terms and Conditions” are deemed to be accepted.
Quotation
Our offers are always subject to change. They are calculated on the basis of the cost factors on the day of order confirmation. Should significant cost changes occur in the case of a delivery that can only take place after the expiry of 4 months from the conclusion of the contract, we reserve the right to adjust the prices quoted accordingly.
Delivery
Deliveries are always made from the Augsburg warehouse. The goods are packed in the usual commercial way. We reserve the right to make replacement or partial deliveries if this appears advantageous for speedy processing. Partial deliveries made and invoiced by us shall be settled within the framework of our terms of payment. Each partial delivery is an independent transaction, even in cases where a complaint is made, the purchase price is to be paid on the agreed dates, subject to later settlement of the difference. The customer shall only be entitled to withdraw from the contract due to non-compliance with the delivery deadline if he has set us a reasonable grace period of at least four weeks in writing. Our obligation to deliver is subject to timely and correct delivery by our own suppliers. If we are not at fault for a late, non-delivery or faulty delivery by our suppliers, we are entitled to withdraw from the contract. In the event of an obstacle to delivery caused by the customer, the customer shall bear all costs incurred and to be incurred. Shipment shall always be at the expense and risk of the customer, unless otherwise agreed. In principle, the risk is transferred to the customer when the goods are handed over to the carrier (post office, railroad, forwarding agent, parcel service, etc.).
Prices
All prices stated in this price list are subject to change and do not include VAT. Packaging costs are also not included in the prices quoted.With the publication of this price list, all previous price lists become invalid.
Terms of payment
Unless otherwise agreed upon acceptance of the order, our invoices are payable as follows: Prepayment 2% discount, payment received within 10 days, For first orders, prepayment always applies. In the event of default of payment, all claims arising from the business relationship shall become due immediately. We are entitled to charge interest on arrears from the date of default in the amount of our financing costs as well as our dunning costs. Foreign payments must be received free of charge for us. Discounts: We only grant discounts by arrangement. However, if basic discounts have already been granted, we are not able to grant you further discounts or special prices.
Retention of title
The delivery of our goods is subject to retention of title in accordance with Section 455 BGB. The reserved goods shall remain our property until full payment has been made. We reserve title to the delivered goods until full payment of all claims arising from the business relationship, including future claims, even if payments are made for specific designated goods. Any seizure or transfer by way of security of our goods to third parties without our consent is excluded.The purchaser must notify us immediately of any seizure of these goods by third parties.The customer is obliged to insure the reserved goods against fire, water, theft and other damage at his own expense.
Liability
Defects due to the delivery must be reported immediately and in the presence of the parcel service or forwarding agent and recorded in writing.
We shall be liable for damages caused by us, our legal representatives or vicarious agents intentionally or through gross negligence to the extent permitted by law.We are also liable to the statutory extent for damages resulting from injury to life, limb or health caused by a negligent or intentional breach of duty by us. Otherwise, we shall only be liable for damages caused by us, our legal representatives or vicarious agents due to slight negligence if a material contractual obligation has been breached.In this case, liability shall be limited to the amount of the purchase price. Claims for damages in accordance with Clause 6.2 shall become time-barred at the latest 1 year after the statutory commencement of the limitation period, unless they are based on intent on our part.
Guarantee/Warranty
We grant a guarantee of 2 years on all Bauspiel GmbH products. For products which are rented out or used commercially, the guarantee is reduced to 6 months. However, the guarantee does not cover parts that are subject to natural wear and tear, such as wheels, castors, cover fabrics, etc. Damage caused by improper handling by the customer is excluded from the guarantee. We reserve the right to make technical changes and changes in shape and color. The information on weight, dimensions, capacity, performance, colors and so on are only approximate values. Obvious defects must be reported to us in writing within 8 days of delivery, non-obvious defects within 8 days of discovery, but no later than 6 months after delivery. In the event of timely and justified notification of defects, we shall, at our discretion, deliver a replacement free of charge or rectify the defect. We shall have a reasonable period of time to do so.If the repair or replacement delivery fails, the customer may demand a reduction in payment or withdraw from the contract. Any returns will only be accepted after prior agreement.
Place of fulfillment
The place of jurisdiction and the place of performance for deliveries and payments is Augsburg, Germany.
Return shipment
Returns must always be authorized by us in advance. Unpaid returns without prior agreement cannot be accepted. The resulting costs will be charged to each customer. In principle, every customer must ensure that the goods being returned are in a box ready for dispatch. The collection times of our parcel service must also be adhered to. If costs are incurred because the goods are not ready for dispatch, these will also be charged. If the return is approved, we reserve the right to deduct a processing fee of 10 percent (10%) from the invoiced price when issuing the credit note. If the return is made via Bauspiel GmbH, return costs will also be deducted. In principle, in the aforementioned cases, only goods purchased within the last 3 months (calculated from the invoice date) will be taken back/exchanged.
Status December 2023