Terms and Conditions

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

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.

  1. 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.
  2. 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.
  3. 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.

  1. Patrick Neff is entitled to partial deliveries, as far as these are not
    fall below the reasonable minimum.
  2. 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.
  3. 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.
  4. 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.

  1. In the absence of special agreements, invoices are immediately without deduction
    due for payment.
  2. 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.
  3. 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.
  4. 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.

  1. 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
  2. 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.
  3. 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
  4. 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.
  5. 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.
  6. 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.

  1. 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.
  2. In the case of justified complaint, Patrick Neff will choose to remedy defective goods or replacement.
    Multiple repairs are permitted.
  3. 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.
  4. 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
    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.
  5. 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
  • 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
  1. 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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%

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.

  1. 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
Further claims of the buyer, in particular claims
Compensation, in accordance with the provisions of the
Sections VI and VII excluded.

  1. If the impossibility occurs during the acceptance delay or by
    The fault of the buyer, so he remains committed to fulfillment.
  2. 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.
  3. 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.
  4. 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.
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