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Terms and conditions
(06/2010)
of the
FSM Günter Braband
Wilhelmstrasse 10 (OT Heßles)
98597 Fambach
VAT-ID: DE 235847283
These terms and conditions govern the conclusion of contracts between the FSM (seller) and its customers (buyers)
• 1 Purpose of the Terms and Conditions
Subject of the general business conditions is the regulation of contract terms for all contracts between sellers and buyers.In each case the terms and conditions of the FSM at the time of conclusion of contract apply.
• 2 contract / assignment of rights and obligations
2.1 The Seller's offers are subject to change.
2.2 The buyer is bound by his order for 14 days. The contract is completed when the seller accepts the order of the purchased goods within this period in writing or the delivery is executed.
2.3 All weight, performance and dimensions are to be regarded as approximate and not guaranteed characteristics, except that a written assurance was given. The same applies to illustrations.
2.4 The transfer of rights and obligations under the contract without the prior written consent of the contractor.
2.5 If agreed, the contract sample shipments as states come, if the pattern later than 30 days will be returned to the seller. Decisive for the
Beginning of the period is the invoice date, the deadline for the receipt of the sample shipment by the seller.
2.6 All agreements must be in writing.This also applies to ancillary agreements and warranties as well as subsequent amendments to the contract.
• 3 prices
3.1 All prices are net ex works (EXW) including VAT and plus shipping costs.
3.2 Additional fees and charges for packing, insurance, taxes, customs clearance and customs, are reported separately and calculated the resulting amount to the buyer.
• 4 Revocation Article 246, paragraph 3, sentence 2 • 1, Appendix 1 EGBGB.
Beginning of the cancellation:
4.1 Withdrawal
You can cancel your contract within 14 days without giving any reasons in text form (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing. The revocation period is sufficient to send the revocation or the thing. The revocation must be sent to:
FSM Günter Braband
Wilhelmstrasse 10 (OT Heßles)
98 597 Fambach
Fax no. 03683/467873
E-mail:
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4.2 Consequences of revocation
In the case of an effective withdrawal, the mutually received benefits and any benefits derived (eg interest) surrendered. Can you give us the performance received whole or in part, or only in deteriorated condition, you must pay us compensation if appropriate compensation. With the release of things this does not apply if the deterioration is exclusively due to their inspection - as they would in a retail store - is due. In addition, you can avoid the obligation to pay compensation for a purpose by putting the goods caused by the goods as your property and avoid everything that could reduce its value. Transportable items are to be returned at our expense and risk. Not parcel things are picked up. Obligations to reimburse payments must be made within 30 days.The time limit begins for you when you send your cancellation notice, and for us with their receipt.
4.3 Special Notes
Please return any goods not free, because they will not be accepted.
We will reimburse you immediately after receiving the goods the postage in the amount as it would have been returned to us.
Important: brewing equipment and supplies, treatment plants, distilleries, and water treatment devices have been used are not returnable due to hygienic reasons.
4.4 Transactions paid
Transactions that were made after customer specification or the goods were made or adapted for this unique to your personal needs are excluded from the refund, the conversion and redemption. This is particularly noticeable on large equipment ordered by the customer to which, after the receipt of a partial or complete payment by the customer, made for the customer.
4.5 Examination of goods
Upon receipt and inspection of the goods, the invoice amount will be refunded to the address specified by you subject.Failure to return worn or damaged goods, we will bring you the legally permissible amount deducted. This can be avoided by taking the goods are not in use and send back in its original packaging.
End of withdrawal
• 5 payment / late payment / settlement
5.1 Until a value of 5000, - €, unless otherwise agreed, the payment of the total amount will be made by the buyer in advance, cash on delivery of goods, credit card or through PayPal.
5.2. From a value of 5000, - € for payment are as follows:
5.2.1 Countries of the European Union
50% of the total order value against invoice after the order - as the date of receipt of the orders is the first payment
50% according to our ability to deliver message
5.2.2 Other Countries:
70% of the total order value against invoice after the order - as the date of receipt of the orders is the first payment
30% according to our ability to deliver message
5.3 When a net value below 30, - €, the seller collects an additional surcharge of 5, - €.
5th4 Is the contract a recurring performance and the buyer has to pay a regular payment, such payment, the buyer has to pay on the first of each month in advance. In the event of termination, it excessive payments will be refunded pro rata.
5.5 The buyer will automatically be in default if payment is not paid 30 days after receipt of invoice.
5.6 In the case of recurring services, the buyer gets the payment in default without warning if he misses a payment date.
5.7 In the event of default, the statutory default interest will be charged.
The right to offset the buyer only if his counterclaims have been legally established, and these were accepted by the seller.
The buyer can exercise a right of retention only if his counterclaim is based on the same contractual relationship.
• 6 Delivery
6.1 Delivery dates and times are only binding if confirmed in writing. They begin with the contract.
6.2 The purchaser may in addition to compensation for damage caused by delayed delivery demand only if the seller of intent or gross negligence.
6th3 The delivery of goods is insured. If the buyer requires an uninsured shipment of the goods, then the risk for these Versendungsart to the buyer.
6.4 Acts of God, riots, strikes, lockouts, no fault of serious breakdown in the change agreed dates and deadlines for the duration of service disruptions caused by these circumstances.
• 7 Validity of Delivery and Payment
It applies only delivery and payment of the seller, with whom the purchaser when placing the order agreed and that as to future transactions, even if not explicitly referred to them, but they are received by the buyer at a by the seller confirmed order. If the order is granted notwithstanding the delivery and payment of the seller, they also apply only to delivery and payment of the seller, unless it contradicts itself. Deviations apply only if they have been accepted by the Seller in writing.
• 8 Acceptance and Complaints
8th1 The buyer is obliged to accept the purchased item or the service performed and examined for accuracy. In particular, transport damage must be reported within 3 days of delay.
8.2 In the event deficiencies are not notified within 14 days after receipt of the goods to the seller, then, unless the purchaser is a merchant, removed the goods free of defects. Defects are excluded in this case. If the buyer is not a businessman, this rule applies only if the deficiencies are obvious.
8.3 If not from the buyer to purchase goods or the performance, so the seller to the buyer in writing with a deadline of 30 days with a request to accept the goods. With this reminder, the buyer is in default. After this period, the seller in writing to the buyer a grace period of 8 days with the explanation that after the expiration of that period opposed to a loss. After the expiry of this period, the seller is entitled by written notice from the contract or demand damages for non-performance.
The setting of a grace period is not required if the buyer refuses to accept the severely and permanently, or is obviously well within the grace period for payment of the purchase price for doing so.
8.4 If the seller for damages, will amount to 15% of the purchase price and 100% of services provided to service at this time. The damage amount is higher or lower, if the seller or the buyer a higher or a lower damage can prove that no damage is incurred.
• 9 Retention of title
9.1 The purchase remains up to compensate the seller of the purchase price claim rightful ownership of the seller. The retention of title shall also apply to all claims accruing to the seller due to other deliveries to the buyer.
9.2 If the buyer sells the goods before payment, it is agreed that the resulting debt to the acquirer in the amount of outstanding invoices is transferred to the buyer.
9th3 If the buyer defaults, the seller can reclaim the purchased item from the purchaser and after written notice with a reasonable period taking into account of the proceeds to the purchase price by private sale the best possible price.
Requires the seller to demand the purchase item, the buyer is obligated under exclusion of any lien, purchase item immediately surrendered to the seller.
9.4 All costs of collection and recycling of the item purchased by the buyer. The utilization costs without proof of the proceeds, including 10% VAT. They are higher or lower, if the seller proves higher or lower costs, the buyer.
• 10 Warranty
10.01 Not new manufactured products are sold under any warranty.
10.2 For new goods, the seller is entitled at its option, repair or supply a replacement, unless repair or replacement fail or are unacceptable to the buyer.
10.3 The warranty period is two years for machinery and equipment.This does not apply to tools and wear parts.
• 11 continuing obligations, termination
11.1 If the parties entered into an agreement of a recurring capacity as its object, or a differently-designed long-term debt ratio as its object, the buyer is entitled to terminate the contract for the first time after the expiration of 6 months with a period of one month to the end of the following month to terminate.
11.2 The right of the buyer remains at any time without notice to terminate because of a very important reason unaffected by the regulation of paragraph 10.1. An important reason exists in particular if one of the two contracting parties against the sustained its burden of contractual obligations and violates a continuation of the contract is therefore unacceptable. The extraordinary termination must be preceded by a two-time written notice to comply with contractual obligations.
• 12 Liability
12.1 The seller is liable for damages - on whatever legal reason - if he has, his legal representative or its agent, they caused negligently.
12th2 cases of slight negligence, the liability of the seller for more than 10% of the purchase price, will not be replaced impairment of the purchased goods, loss of use of the purchased goods and lost profits.
12.3 The liability of its own legal representatives, agents and employees of the seller to the buyer is excluded except in cases of willful intent or gross negligence.
12.4 The Buyer shall immediately notify in writing damage.
• 13 performance and jurisdiction
13.1 Place of performance is the location of the seller.
13.2 is for all present and future claims from the business relationship with merchants, including bills and checks, demand exclusive
Jurisdiction Suhl.
13.3 The same jurisdiction applies if the buyer has no general jurisdiction in Germany, has moved his residence or usual place of residence
moved from the domestic or his domicile or habitual residence at the time the action is not known.
• 14 Applicable Law
German law applies under exclusion of UN sales law.
• 15 Different conditions of the buyer
In the event that the purchaser uses own standard terms and conditions which deviate from these terms and conditions apply exclusively to the terms and conditions of the seller.
• 16 Final Provisions
16.1 The contract language is German.
16.2 If any provision of these Conditions be or become invalid, the remaining conditions remain in effect. The seller and the buyer shall replace the ineffective provision by an effective one, which the will of the parties is economically closest.
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Terms & Conditions
