Terms & Conditions

General Terms and Conditions of Business and Sale of Lorenz G., Lindenweg 5, 82547 Beuerberg, Germany

§1 General

(1) For all deliveries and other services, the following terms and conditions of sale and delivery shall apply exclusively; they shall only apply to companies within the meaning of § 24 AGB-Gesetz i.V.m. (General Terms and Conditions of Business Act). § 14 BGB (GERMAN CIVIL CODE).
(2) Deviating conditions of the buyer which the seller does not expressly acknowledge are non-binding, even if Lorenz G. does not expressly contradict them.
(3) Inclusion and interpretation of these terms and conditions of sale and delivery as well as conclusion and interpretation of legal transactions with the Buyer shall be governed exclusively by the laws of the Federal Republic of Germany. The application of the Uniform Law on the Conclusion of International Contracts for the Sale of Goods, the Uniform Law on the International Sale of Goods of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
(4) The invalidity of individual provisions of this contract or its components shall not affect the validity of the remaining provisions. The contracting parties shall be obliged in good faith and within reason to replace an invalid provision by a valid provision which corresponds to its economic success, provided that this does not result in any material change to the contents of the contract; the same shall apply if a situation requiring regulation is not expressly regulated.
(5) Place of performance for all obligations arising directly or indirectly from this contractual relationship, including the obligation to pay, is the registered office of Lorenz G.
(6) The place of jurisdiction shall be the place of jurisdiction responsible for the registered office of Lorenz G., 82547 Beuerberg, insofar as the purchaser is a merchant. Lorenz G. is also entitled to sue before a court which is responsible for the registered office or a branch office of the buyer.


§2 Offers, scope of services and conclusion of contract

(1) Contract offers by Lorenz G. are subject to confirmation.
(2) The order confirmation of Lorenz G. is exclusively decisive for the scope of the contractually owed service.

(3) Lorenz G. reserves the right to make changes to the design, choice of materials, specification and type of construction even after sending an order confirmation, provided that these changes do not contradict either the order confirmation or the buyer’s specification. In addition, the buyer shall agree to any further modifications proposed by Lorenz G., as far as they are reasonable for the buyer.
(4) Partial deliveries are permissible.
(5) The documents on which the offer or order confirmation is based, such as illustrations, drawings, dimensions and weights, are generally to be understood only as approximate values, unless they are expressly designated as binding.


§3 Prices and terms of payment

(1) Prices are ex works excluding packaging and other shipping and transport costs. Packaging shall be charged at cost price and shall only be taken back if the Seller is obliged to do so by mandatory legal regulation.
(2) If more than 4 months elapse between the conclusion of the contract and delivery, and Lorenz G. is not responsible for any delay in delivery, Lorenz G. shall be entitled to increase the price by a reasonable amount, taking into account any material, wage and other incidental costs incurred by Lorenz G.. If the purchase price increases by more than 40%, the buyer is entitled to withdraw from the contract.
(3) If Lorenz G. takes into account the purchaser’s requests for changes, the additional costs incurred as a result will be charged to the purchaser.
(4) If the payment deadline is culpably exceeded, interest in the amount of 5% above the applicable base interest rate shall be charged, subject to the assertion of further claims.


§4 Set-off and retention

Set-off and retention are excluded unless the set-off claim is undisputed or has been legally established.


§5 Delivery period

The indication of a delivery date shall be made at our best discretion and shall be extended appropriately if the Buyer delays or omits any necessary or agreed cooperative actions on his part. The same shall apply in the event of measures within the framework of industrial disputes, in particular strikes and lock-outs, as well as in the event of unforeseen obstacles beyond the control of Lorenz G., e.g. delayed delivery by an upstream supplier, traffic and operational disruptions, shortage of materials or energy, etc. The buyer shall also be entitled to a reasonable extension of the delivery period in the event of a delay in delivery by an upstream supplier. Changes to the delivered goods caused by the buyer shall also lead to an appropriate extension of the delivery period.


§6 Transfer of risk

The risk shall pass to the buyer as soon as Lorenz G. has made the goods available to the buyer and notifies the buyer thereof.


§7 Retention of title

(1) Lorenz G. reserves ownership of the delivered goods until full payment has been received. The retention of title shall also apply until all claims, including future and conditional claims, arising from the business relationship between buyer and seller have been fulfilled.
(2) The Buyer shall not be entitled to assign the goods by way of security or pledge them, but shall be entitled to further reduce the value of the reserved goods in the ordinary course of business. He already assigns to Lorenz G. the resulting claims against his business partners.
(3) If the goods are treated or processed by the buyer, the retention of title also extends to the entire new object. The buyer acquires co-ownership of the fraction corresponding to the ratio of the value of his goods to that of the goods delivered by Lorenz G..
(4) If the value of all securities existing for the seller exceeds the existing claims by more than 10%, Lorenz G. will release securities at the discretion of Lorenz G. upon landing of the buyer.
(5) Lorenz G. shall be entitled to assert the rights of retention of title without withdrawing from the contract.


§8 Warranty

(1) If the purchase is a commercial transaction for both parties, the buyer shall inspect the goods immediately upon receipt, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, notify Lorenz G. immediately.
If the buyer fails to notify Lorenz G., the goods shall be deemed to have been approved unless the defect was not identifiable during the inspection. Otherwise §§ 377 et seq. shall apply. HGB (GERMAN COMMERCIAL CODE).
(2) The warranty claims are limited, at Lorenz G.’s discretion, to repair or replacement. If the repair or replacement is unsuccessful, the purchaser has the right, at his discretion, to demand a reduction in the remuneration or cancellation of the contract.
(3) Further claims of the buyer, in particular due to consequential damages, as far as these do not result from the absence of warranted characteristics, are excluded. This does not apply in case of intent, gross negligence or breach of essential contractual obligations of Lorenz G.


§9 Liability

Claims for damages of the buyer are excluded. This does not apply in the case of intent, gross negligence, breach of essential contractual obligations by Lorenz G. or the absence of properties guaranteed in writing.


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