Terms and Conditions

Terms-and-Conditions-Firma-Patrick-Neff_02.07.2019 Herunterladen

Terms and Conditions of: Firma Patrick Neﬀ – Der Okuma Spezialist (subsequent:Patrick Neﬀ)

I. General

1. For the entire business relationship between Patrick Neﬀ
and the buyer, including the future ones, will only be considered
General Conditions of Sale and Delivery (the most recent version). other
Terms of purchase or other terms and conditions
the buyer is hereby contradicted. They are not applied. Patrick Neﬀ is entitled to their General Sales, and
Terms of Delivery Status: August / 2018 with eﬀect for the future
entire business relationship with the buyer for a corresponding
Change message.

There is one between the buyer and Patrick Neﬀ
Framework agreement, these General Sales and Marketing Conditions apply
Delivery conditions for both this framework agreement and for the
single order.
II. Conclusion of the contract 1. Oﬀers by Patrick Neﬀ are non-binding.
The documents belonging to the oﬀer, such as illustrations,
Drawings, weights and measurements are approximate only,
unless expressly declared as binding.
remain this property of Patrick Neﬀ.
Orders of the buyer are binding for him. Unless otherwise conﬁrmed in writing by Patrick Neﬀ, the following applies
the delivery or invoice as an order conﬁrmation.
If the buyer is a merchant, is responsible for the content of orders and
Agreements exclusively the written conﬁrmation of Patrick Neﬀ relevant, unless the buyer immediately in writing
contradicts. This is especially true for oral or telephone
Orders and agreements. In any case, a communication to Patrick Neﬀ is no longer immediate if she has not received Patrick Neﬀ within seven days.

III. Delivery date, scope of delivery, delivery delay 1. Delivery dates and deadlines are only approximate, if not
Patrick Neﬀ a written commitment explicitly as binding
has delivered. Failure to clarify in detail all the details of the
Order by the buyer as well as the non-timely rendering of all
Advance payments of the buyer extend the delivery dates accordingly.
Delivery dates are deemed to have been adhered to with notiﬁcation of readiness for dispatch.

Patrick Neﬀ is entitled to partial deliveries, as far as these are not
fall below the reasonable minimum.
The buyer has to check the delivery note and to acknowledge it. any
Objections are in writing to Patrick Neﬀ immediately
display. Otherwise, the acknowledged delivery quantity is considered as accepted.
For delivery delays due to malfunction, oﬃcial
Measures, absence of supplies to Patrick Neﬀ
or force majeure, the delivery period is extended appropriately. higher
Violence also exists in industrial action including strikes
and lawful lockouts at Patrick Neﬀ’s operation
or at the suppliers of Patrick Neﬀ. Claims of
Buyer for damages are in these cases within the limits of
Section VII (General limitation of liability) excluded.
Arises to the buyer by a debt of Patrick Neﬀ
Delayed delivery damage, the buyer can this to the exclusion
further compensation claims of 0.5% for each week of
Delayed, but not exceeding 5% of the value of the aﬀected
Part of the total delivery requires replacement. In case of delivery delay
the buyer can after setting a reasonable grace period and with the
expressly declare that, on the expiry of that period, he will accept the
Refuse performance, withdraw from the contract if the beneﬁt is not
within the grace period. Further claims in case of delay in delivery,
in particular claims for damages, are in accordance with the
Regulations of Section VII (General Limitation of Liability)
locked out.

IV. Prices, terms of payment 1. Prices include VAT, Freight, Customs, Postage, Packaging,
Insurance and other expenses are not included. Decisive for the
Calculation of brand new machines are valid on the day of delivery
Prices. The packaging will be charged at cost price; your
Return is excluded.

In the absence of special agreements, invoices are immediately without deduction
due for payment.
If the buyer is in default of payment, the seller is entitled to
To demand default interest of 10% above the base rate. The
Assertion of a speciﬁc damage caused by delay remains reserved.
Set-oﬀ rights are the buyer after completed acceptance / commissioning only if his
Counterclaims legally established, undisputed or recognized by Patrick Neﬀ.
V. Risk of ownership, acceptance 1. The risk is with the beginning of the loading or dispatch of the
Delivery item to the buyer, even if
Partial deliveries are made or Patrick Neﬀ still others
Services, eg B. the shipping or delivery and installation
and or
Commissioning has taken over. As far as the delivery item
must be accepted, is the acceptance for the transfer of risk
prevail. The acceptance must take place immediately on the date of acceptance,
alternatively, after the supplier’s notiﬁcation of readiness for acceptance
be carried out and may not by mere presence of a
material defect can not be denied by the buyer.
If the dispatch or the acceptance is delayed for reasons for which Patrick Neﬀ is not responsible, the risk shall be from the day of
Notiﬁcation of shipping or acceptance readiness for the buyer.
VI. Warranty, notice of defects 1. For defects of delivery Patrick Neﬀ is liable under exclusion
further claims as follows:
1.1 The warranty periods for new products are private
Use (sale of consumer goods, § 474 BGB) from passing of risk 24
Months, for commercial and / or professional use 12 months.
1.2. For used products, the warranty period is from
Transfer of risk for private use (purchase of consumer goods, § 474
BGB) 12 months, for commercial and / or professional use
the warranty excluded. Used machines will be
delivered with the remaining accessories in the state, in
which they are at contract conclusion. Any liability for open
or hidden defects is also excluded if the

Machine has not been previously visited by the buyer, unless
Patrick Neﬀ would have known the buyer known defects intentionally
or grossly negligent.
1.3 The limitation of warranty is excluded according to § 309 No. 7a except for damages to body and health and for other damages only with simple negligence.

The provisions of paragraph 1 do not apply to guaranteed
Characteristics or in the event of culpable violation of the contract
Obligations. Such claims of the buyer as well as claims because
Damage not caused to the delivery item itself,
be in accordance with the provisions of Section VII (General
Limitation of liability) to the extent permitted by law
locked out. Will be improved as part of the warranty
or redelivered, this does not trigger a new beginning of the warranty period
out.
Properties are only warranted if expressly stated as such
in the contract are designated. Oral information and information in the
Documents by Patrick Neﬀ contain no assurances.
Samples, Patrick Neﬀ, dimensions, DIN speciﬁcations,
Speciﬁcations and other information about the condition
of the delivery item serve the speciﬁcation and are not
assured properties. As far as Patrick Neﬀ’s too
This is guaranteed by the use of materials that are contractually speciﬁed
only the conformity with the speciﬁcation and not the suitability
materials for the contractual purpose. For clues, Patrick Neﬀ is only committed to their apparent inappropriateness.
Damage caused by external inﬂuence, improper installation and
Treatment, inadequate operation or maintenance, corrosion or
ordinary wear and tear are caused by the warranty
except. The warranty extends in the latter case
especially not on the wear of wearing parts.
Wear parts are all rotating parts, all drive parts and
Tools. When selling a machine are these
Warranty regulations use in single-shift operation
based.
The buyer is obliged to deliver the delivered goods immediately upon receipt
duly investigate at his expense and any deﬁciencies,
False deliveries, obviously not approved
Wrong shipments or shortfalls, Patrick Neﬀ opposite
immediately in writing. The ad excludes the ad
until commissioning or acceptance report. Hidden defects must be reported in writing to Patrick Neﬀ immediately after discovery.
For the rest, §§ 377.378 HGB remain on both sides
Trading business untouched among merchants.
Any quality defects of a partial delivery do not entitle to
Rejection of the remainder of the completed quantity, unless the
Buyer can prove that the acceptance of only part of the delivery
considering the circumstances unreasonable for him.
If the buyer detects a defect, he may not the delivery item
change, process or give to third parties, but has Patrick Neﬀ suﬃcient time and opportunity to give himself
to convince of the defect and if necessary the required
Subsequent performance (repair or replacement);
otherwise, all claims for defects will be canceled. Only in urgent cases
Danger to the operational safety and / or to the defense disproportionately
big damage, Patrick Neﬀ immediately too
the buyer has the right to the defect itself or
by third parties and by Patrick Neﬀ replacement
to demand the necessary expenses. Independent of
The existence of a defect also invalidates the warranty claims

then, if without the permission of Patrick Neﬀ part
the buyer or a third party modiﬁcation or repair work
be made.

Transport damage must be reported to the seller immediately. The
necessary formalities, the buyer has to settle with the carrier,
in particular, all the necessary ﬁndings to safeguard
Recourse to third parties. As far as commercially available
Breakage, shrinkage or the like can remain within reasonable limits
this is not objectionable.
In the case of justiﬁed complaint, Patrick Neﬀ will choose to remedy defective goods or replacement.
Multiple repairs are permitted.
In case of defect removal, Patrick Neﬀ
committed to all necessary for the purpose of remedying the defect
Expenses in particular transport, travel, labor, and
To bear material costs as far as they are not increased by
that the purchased object to a place other than the place of performance
was brought.
Let Patrick Neﬀ do an appropriate job
Grace period for supplementary performance within the meaning of § 439 BGB,
without remedy the defect or supply replacement or give it one
Repair or replacement delivery is impossible, fails or
refused by Patrick Neﬀ for any other reason,
is the buyer, who is not a consumer, to the exclusion of all
other claims concerning the delivery item only the
Right to rescind the contract or the purchase price
reduce.
VII. General limitation of liability 1. If the delivery item is due to fault of Patrick Neﬀ due to failure or incorrect advice before or
after conclusion of the contract or breach of other contractual
Secondary duties (eg operating or maintenance instructions) of
Buyer can not be used in accordance with the contract, so shall apply
Provisions of Sections VI and VII.2 accordingly, more extensive
Claims of the buyer are excluded.
For damage not caused to the delivery item itself
are liable, Patrick Neﬀ – for which legal reasons
always – only

at will,
in the case of gross negligence of the owner (s) or senior executive
Employee,
culpable injury to life, body, health,
in the case of defects he fraudulently concealed or their absence
he has guaranteed
in case of defects of the delivery item, as far as after
Product liability law for personal injury or property damage to private
used objects.
In the event of culpable violation of essential contractual obligations, Patrick Neﬀ is not liable for gross negligence
Employee and slight negligence, in the latter case limited
in the contractually reasonable, reasonably foreseeable manner
Damage; further claims are excluded.
VIII. Retention of title, collateral

Patrick Neﬀ retains ownership of the
Delivery item until receipt of all payments from the
Delivery contract. In case of breach of contract by the buyer,
especially in case of late payment, as well as when applying for

The opening of insolvency proceedings is Patrick Neﬀ zur
Return of the delivery item after reminder justiﬁed and
the buyer is obliged to surrender. In seizure or
Other interventions by third parties have the buyer Patrick Neﬀ
to notify in writing immediately.

Patrick Neﬀ is entitled to the delivery item
Cost of the buyer against theft, breakage, ﬁre, water and
other damage to be insured, unless the buyer himself
Insurance has been proven.
The buyer is entitled to the delivery item in the ordinary
Resell business. However, he already assigns to Patrick Neﬀ all the claims that come from the
Resale against the customer or against third parties
regardless of whether the reserved goods without or
is resold after processing. To conﬁscate this
Claims the buyer is authorized even after the assignment. The
Authority of Patrick Neﬀ, the claims themselves
to collect, remains unaﬀected; However, Patrick Neﬀ agrees not to collect the claims as long as the
Buyer duly fulﬁlls his payment obligations.
Patrick Neﬀ may demand that the buyer give him the
assigned claims and their debtors announces all
information required for collection, the related
Handing over documents and informing the debtors of the assignment.
If the delivery item is resold together with other goods that are not owned by Patrick Neﬀ, the claim shall apply
of the buyer against the buyer in the amount of the delivery price agreed between Patrick Neﬀ and the buyer as assigned.
The processing or transformation of reserved property shall be carried out by the
Buyers always made for Patrick Neﬀ. Will the
Reservation matter with other non Patrick Neﬀ belonging.
If processed or inseparably mixed, Patrick Neﬀ acquires co-ownership of the new object in proportion
the value of the reserved object to the other processed or
mixed objects at the time of processing or
Mixing. Become goods by Patrick Neﬀ with others
movable objects connected to a single thing
or inseparably mixed and is the other thing as the main thing
It shall be deemed agreed that the buyer assigns pro rata co-ownership to Patrick Neﬀ, as far as the main
belongs to him. The buyer holds the property or co-ownership for
Patrick Neﬀ. For those by the processing, transformation or
Connection as well as mixing arising thing applies otherwise
Same as for the reserved goods.
For the proper fulﬁllment of the liabilities of the buyer
Patrick Neﬀ is entitled to appropriate collateral
demand. Patrick Neﬀ is committed to his due
To release securities as far as their value is to be secured
Claims that have not yet been settled by more than 20%
exceeds.

IX. Performance obligation, impossibility and non-performance 1. The delivery obligation and the delivery period of Patrick Neﬀ
subject to the reservation of proper, complete and
timely self-delivery.

If Patrick Neﬀ the entire performance before passing of risk
due to a circumstance attributable to Patrick Neﬀ
becomes impossible, the buyer can withdraw from the contract.

In case of partial impossibility or partial inability applies
the above regulation only for the relevant part. The buyer
In this case, however, he can withdraw from the general contract if he
to prove legitimate interest in the refusal of the partial delivery
can.
Further claims of the buyer, in particular claims
Compensation, in accordance with the provisions of the
Sections VI and VII excluded.

If the impossibility occurs during the acceptance delay or by
The fault of the buyer, so he remains committed to fulﬁllment.
After resignation of Patrick Neﬀ from the contract or after her
Deadline with refusal threat is Patrick Neﬀ
entitled to freely use returned goods.
X. Place of Performance, Jurisdiction, Applicable Law 1. Unless otherwise agreed in the contract, the place of performance for
the payment and delivery of goods the headquarters of Patrick Neﬀ.
If the buyer, merchant, a legal entity of the public
Right or a public special fund is, is the
Place of business of Patrick Neﬀ Place of jurisdiction for all
Litigation, also in the context of a bill of exchange or
Check process; Lawsuits against Patrick Neﬀ can only be there
be made pending.
It is exclusively the law of the Federal Republic of Germany
apply to the exclusion of international private law, the
uniﬁed international law and to the exclusion of the UN
Sale of Goods.
XI. Legal validity, data protection 1. Should any of the provisions of these General Sales and Distribution
Delivery conditions are or become ineﬀective, this aﬀects the
Eﬀectiveness of the contract otherwise not. It is in their place the
legal regulation. In no case will the relevant provision be included in
these General Conditions of Sale and Delivery
Terms and conditions of the buyer replaced.
2 Any changes or additions to the contract need to be made
Eﬀectiveness of the written conﬁrmation by Patrick Neﬀ;
this also applies to a deviation from the contractual one
Written form requirement itself.
3 legally relevant declarations of intent such as dismissals,
Declarations of resignation, request for reduction of purchase price or
Damages are only eﬀective if made in writing.
4th Patrick Neﬀ is entitled, in connection with the
Store data obtained about the buyer.

Terms and Conditions

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