I. Scope

I.1. Offers, deliveries and services from ALLFÜLL Consulting Handels GesmbH (hereinafter: ALLFÜLL) are made exclusively on the basis of these general terms and conditions, unless the contracting parties have made deviating agreements in writing. Without the need for a separate agreement, they also apply to future transactions between the contracting parties, unless their validity has been excluded in writing. They apply to the delivery of goods and services. General terms and conditions of the buyer/customer are only binding for ALLFULL if they have been recognized in writing by the latter in individual cases and only apply to the transaction for which they were agreed.

I.2. If these general terms and conditions are used as a basis for legal transactions to which the Consumer Protection Act (BGBL 1979/114 in the currently valid version) applies, they only apply insofar as they do not contradict the mandatory provisions of this law.

I.3. By placing an order, the buyer/client agrees to these General Terms and Conditions and is bound by them.

 

II. Conclusion of contract

 

II.1. Offers from ALLFÜLL are always non-binding and non-binding, unless expressly stated in writing as binding. If the order is not confirmed separately, the delivery of the goods or the invoice, if sent before delivery of the goods, will be considered as confirmation.

II.2. The information on weight, dimensions, capacity, price, performance and the like contained in catalogues, brochures and price lists etc. are only relevant if they are expressly referred to in the offer and/or the order confirmation.

 

III. delivery

 

III.1. If the delivery is delayed due to circumstances for which ALLFULL is not responsible (e.g. force majeure, strikes and the like), the obligation to deliver expires or the delivery period is extended by the duration of the obstacles.

III.2. ALLFÜLL's performance obligation is also deemed to have been fulfilled if the goods provided or delivered in accordance with the contract are not accepted by the buyer. The risk is then transferred to the buyer. In the event of a delay in acceptance, ALLFULL can either demand fulfillment by acceptance or withdraw from the sale after setting a reasonable grace period.

III.3. If delivery has been agreed, unless otherwise agreed in writing, this will be at the expense and risk of the buyer. The risk passes to the buyer at the latest when the goods are handed over to the carrier. Buyer hereby authorizes any reasonable method of shipment and transportation.

III.4. If the delivery or service becomes impossible due to circumstances for which ALLFULL is not responsible, ALLFULL can withdraw from the contract without being liable for damages.

III.5. Other than those in this point III. The above-mentioned claims of the buyer against the seller due to the seller's delay are excluded.

 

IV. Prices

 

IV.1. Unless otherwise agreed, the prices are “ex works” excluding packaging, transport and other ancillary costs, plus statutory sales tax and all other levies.

IV.2. Cost-related changes in the contract price are permitted up to the agreed delivery date and, unless otherwise agreed, are at the expense of the buyer.

IV.3. If no prices have been contractually agreed, the price applicable at the time of performance will be charged.

 

V. Payment

 

v.1 In the absence of a different written agreement on the terms of payment between the contracting parties, the buyer must make the entire payment within 14 days of the invoice date without deduction.

v.2 The buyer is not entitled to withhold payments due to any warranty or other claims not recognized in writing by ALLFULL or to offset against such claims.

V.3. If the buyer is in arrears with an agreed payment or other services, ALLFULL can either insist on the fulfillment of the contract or declare withdrawal from the contract after granting a reasonable period of grace. ALLFULL is entitled to postpone the fulfillment of its own obligations until the outstanding payments or other services have been settled or to make the entire outstanding purchase price due. In the event of withdrawal from the contract, the buyer must return goods already delivered to ALLFULL at his own risk and expense, pay compensation for the depreciation of the goods that has occurred and reimburse all expenses that ALLFULL has already incurred in the context of the execution of the contract.