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General Terms and Conditions

from Laumer’s Distribution, Fröbelstraße 3, 90522 Oberasbach

1. Scope and definitions

  1. These terms and conditions apply to all contracts concluded with us at www.laumers.com. Conflicting or deviating from our general terms and conditions of the customer shall only apply if we have expressly agreed.

  2. For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

  3. Entrepreneurs within the meaning of these terms and conditions are natural persons, legal entities or partnerships with legal capacity, who act with us in the exercise of their commercial or independent professional activity.

2. Offer and conclusion of contract

  1. Our offers are aimed exclusively at persons of legal age and full legal capacity.

  2. Our offers do not constitute a binding offer, but merely an invitation to submit an offer by the customer.

  3. The customer’s order represents a binding offer to conclude a contract. We are entitled to accept this offer within two working days. Acceptance is by express declaration to the customer or delivery of the goods.

  4. Should we change the offer to changed conditions, e.g. accept a different price or differing order quantities, this acceptance shall be assessed as an offer to conclude a modified contract. In this case, the customer has the option of accepting this offer within two working days, thereby concluding a contract deviating from the original order.

  5. The automatically generated e-mail following the customer’s order, confirming the receipt of the order, does not constitute acceptance of the contract, but merely serves to inform the customer and to fulfill legal information obligations.

3. Delivery

  1. The delivery will be made to the delivery address given by the client.

  2. If the customer is obliged to advance payment, the performance times / delivery dates stated in offers depend on the fact that the customer has made the payment immediately after the conclusion of the contract.

  3. The delivery takes place if possible in a consignment. However, we are entitled to partial deliveries and partial services insofar as these are reasonable for the customer. Additional costs resulting from partial deliveries are borne by us.

  4. Named delivery dates are not fixed dates, unless we have such an appointment expressly confirmed as a fixed date.

  5. Delays in delivery which occur at our or one of our sub-contractors / subcontractors due to force majeure or due to circumstances that are equivalent to force majeure (such as currency and commercial or other sovereign measures, strikes, breakdowns such as fire, machine defects, breakage, raw material or lack of energy) entitle us to postpone the delivery for the duration of the hindrance. If the implementation of the contract becomes unreasonable for the customer due to the delay, the customer is entitled to withdraw. With not only temporary obstacles to performance, we are entitled to withdraw from the contract. 3.6. Ist der Kunde Unternehmer, geht die Gefahr des zufälligen Untergangs der Ware mit Übergabe an den Spediteur oder Frachtführer auf den Kunden über.

  6. If the customer is an entrepreneur, the risk of accidental loss of the goods passes to the customer upon transfer to the freight forwarder or carrier.

  7. In the case of delivery of palletized goods to a contractor, the latter must provide pallets of the same quality and number in exchange. If such an exchange does not take place, the pallets remain our property. These must be returned to us free of charge, and at the latest within 4 weeks, carriage paid and in a usable condition. If the return is not made, not on time or in a useless condition, we are entitled to charge the customer for the provided pallets.

4. Unavailability of the service

  1. Each offer is subject to self-supply; If the ordered goods are not available because we are not foreseeably and without fault being supplied by our supplier upon conclusion of the contract, we have the right to disassociate ourselves from the contract. In this case, we will inform the customer immediately that a delivery is not possible, and immediately reimburse him the possibly already paid purchase price. This right applies to consumers only if we have concluded a specific hedging transaction and were not supplied by the supplier.

  2. A liability for damages for non-performance is excluded unless we have acted with gross negligence or intent on the lack of availability, any liability for pre-contractual liability remains unaffected.

5. Prices and shipping costs

  1. The prices quoted by us include the applicable value added tax.

  2. Incidental shipping costs are shown in the order process. An overview of the shipping costs can be found under the menu item “questions and answers”.

6. Payment, due date and arrears

  1. In principle, we only accept the methods of payment listed in our offer.

  2. For payment by cash on delivery the payment is due upon receipt of the goods and the invoice or billing.

  3. If we enter in advance, z. As when making a purchase on account or direct debit, we get to protect our legitimate interests if necessary credit information based on mathematical statistical methods from SCHUFA Holding AG, Kormoranweg 5, 65201Wiesbaden. To this end, we provide the required a credit check personal data to SCHUFA Holding AG and use the information received concerning the statistical probability of default for a balanced decision on the establishment, implementation or termination of the contract. The credit information may include probability values ​​(score values) that are calculated based on scientifically recognized mathematical and statistical methods and incorporated into the calculation of which, inter alia, address information. Your concerns will be considered in accordance with the statutory.

7. Right of retention and retention of title

  1. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

  2. The delivered goods remain our property until full payment. In the case of access by third parties to the reserved goods, the customer will point out our ownership and inform us immediately.

  3. The goods delivered to a corporate customer remain our property until full payment of all claims against the customer. The goods may be resold in the ordinary course of business. Pledging or transfer of ownership of the reserved goods is prohibited.

  4. Incidentally, the following paragraphs apply to entrepreneurs.

  5. The customer assigns to us his claims against third parties due to the resale in advance up to the amount of 125% of the secured claims. We accept the assignment. Collateral which exceeds the value of the secured claims by more than 25% is released upon request by means of a surrender.

  6. The corporate customer is authorized to collect the assigned claims as long as he does not default on the fulfillment of his obligations to us. We will disclose the assignment in the event of default to the customer’s contractual partners. Upon request, the customer must provide us with the information and documents necessary to assert the assigned claims.

8. Warranty

  1. For consumers, the statutory warranty provisions apply. For entrepreneurs, the following paragraphs apply additionally.

  2. The enterprise customer is obliged to inspect the goods immediately after receipt and, if a defect shows, to notify us immediately in writing. Defects and shortages that are identifiable on delivery must be reported to the forwarding agent or carrier and acknowledged by the freight forwarder. For the rest, § 377 HGB applies.

  3. The assignment of warranty claims to third parties is excluded as far as legally possible.

  4. Claims for material defects expire 12 months after delivery of the goods.

9. Liability

  1. We are liable for gross negligence and intentional breaches of duty.

  2. If the customer is an entrepreneur, our liability for non-intentional acts is limited to the typically foreseeable damage at the time the contract was concluded. In the case of slight negligence, we are only liable for the breach of essential contractual obligations and limited to the typically foreseeable damage at the conclusion of the contract. We are not liable for other damages caused by a defect of the goods. These restrictions do not apply to injury to life, limb and health. Any liability for pre-contractual liability or under the Product Liability Act remains unaffected by these limitations of liability.

  3. If the customer is a consumer, we are liable in case of slight negligence only in case of breach of essential contractual obligations and limited to the typically foreseeable damage at the conclusion of the contract. We are not liable for other damages caused by a defect of the object of purchase which are slightly negligent. These restrictions do not apply to injury to life, limb and health. Any liability for pre-contractual liability or under the Product Liability Act remains unaffected by these limitations of liability.

  4. Regardless of any culpability, we are only liable for malicious concealment of a defect or for the assumption of a guarantee or assurance. A manufacturer’s warranty is a guarantee of the manufacturer and does not represent a guarantee by us.

  5. We are also responsible for the impossibility of delivery occurring during the delay by accident, unless the damage would have occurred even if timely delivery.

  6. Insofar as the liability for damages against us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.

10. final provisions

  1. The law of the Federal Republic of Germany applies excluding the UN sales law.

  2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contractual relationship is Nuremberg.

  3. Insofar as the customer is an entrepreneur, the following applies in addition: Oral side agreements do not exist. Changes to this contract must be made in writing. This also applies to the lifting of the writing requirement. Place of fulfillment for the services of the company Laumers is their seat.

  4. Should individual provisions of this contract be wholly or partially invalid, the validity of the remaining clauses or clauses thereof shall not be affected.

Laumer`s Vertrieb
Fröbelstraße 3
90522 Oberasbach
Telefon: +49 (0) 911-3680969
E-Mail: info@laumers.com