Imprint
Bear+Co. Anlagentechnik GmbH
Eichenstrasse 18
D-78256 Steißlingen
Phone 0049 (0) 7738 9232 – 00
E-mail: info@baer-anlagentechnik.de
URL: https://www.baer-anlagentechnik.de
Managing Director:
Mr. Armin Bär, Mr. Georg Winterhalder
Local Court Freiburg HRB 540991
VAT-ID-No.: DE 142778438
Web development and technical support:
WEB Pflege
https://www.web-pflege.com/
Limitation of liability for external links Our website contains links to third-party websites (so-called “external links”). As we have no influence on their content, we cannot accept any liability for external content. The respective information provider of the linked website is always responsible for the content and accuracy of the information. At the time of linking, no legal violations were recognizable. As soon as we become aware of an infringement, we will remove the respective link immediately.
General Terms and Conditions (AGB)
I. General information
Our offers, deliveries and services are provided exclusively in accordance with the following terms and conditions and any separate contractual agreements. Terms and conditions of the customer and other agreements deviating from these terms and conditions shall only be valid if expressly accepted by us in writing. Neither our silence in response to the customer’s terms and conditions nor our acceptance and execution of an order shall be deemed to constitute acceptance.
II Offers
The documents belonging to the offer, such as illustrations, drawings, weights and dimensions, are only approximate unless they are expressly designated as binding. We reserve the property rights and copyrights to cost estimates, drawings and other documents; they may not be made accessible to third parties. We are obliged to make information and documents designated as confidential by the customer accessible to third parties only with the customer’s consent. All offers are subject to change unless they are designated as fixed offers. Orders only become binding with our order confirmation.
III Scope of delivery
Our written order confirmation shall be decisive for the scope of delivery. If we have not issued a written order confirmation, but have issued an offer with a time limit and this offer has been accepted by the customer within the time limit, the offer shall be decisive. Additional agreements and changes require our written confirmation.
IV. Price and payment
1. in the absence of a special agreement, the prices shall apply ex works including loading at the factory, but excluding packaging and unloading. VAT is added to the prices at the applicable statutory rate.
2. in the absence of a special agreement, payment shall be made in advance within 14 days, free our paying agent. Bills of exchange are not accepted. If the customer defaults on payment, we shall charge interest on arrears in the amount of the usual bank overdraft interest, but at least in the amount of the statutory default interest. We reserve the right to claim further damages in excess of this.
3. the following minimum quantity surcharges apply to all orders: Orders < € 50.00 MMZ = € 40.00; Orders € 50.00 to € 99.00 MMZ = € 20.00.
4. the customer shall only be entitled to withhold payments or offset them against counterclaims to the extent that his counterclaims are undisputed or have been legally established.
V. Delivery time
1. the delivery time is based on our agreements with the customer. Compliance with these terms requires that all commercial and technical questions between us and the customer have been clarified and that the customer has fulfilled all obligations incumbent upon him, such as providing the necessary official certificates or permits or making a down payment. If this is not the case, the delivery time shall be extended accordingly. An agreed delivery period begins with the dispatch of the order confirmation, but not before the customer has provided the documents to be procured.
2. the delivery deadline shall be deemed to have been met if the delivery item has left the factory or readiness for dispatch has been notified by the time it expires. The delivery period shall be extended appropriately if non-compliance is due to force majeure, such as labor disputes or other events beyond our control. This shall also apply if such circumstances occur with subcontractors. We shall not be responsible for a delay in delivery caused by such events even if they occur during an already existing delay. In important cases, we will inform the customer as soon as possible of the beginning and end of such obstacles.
3. if shipment is delayed at the request of the customer, the ordered item will be invoiced. In addition, starting one month after notification of readiness for shipment, the customer shall be charged the costs incurred for storage, but at least 0.5% of the invoice amount for each month in the case of storage in our factory. However, we shall be entitled to dispose of the delivery item otherwise after setting a reasonable deadline which has expired without result and to supply the customer within a reasonably extended deadline.
VI Transfer of risk, acceptance
1. the risk shall pass to the customer upon dispatch of the delivery parts, even if partial deliveries are made or if we have assumed other services, e.g. the shipping costs or delivery and installation. On request, we will insure the consignments against transportation risks of all kinds at the customer’s expense (1% of the value of the goods). Components delivered by the customer (e.g. drive units, machines and accessories) shall only be insured for further shipment at the customer’s express request and declaration of value.
2. if dispatch is delayed or does not take place as a result of circumstances for which we are not responsible, the risk shall pass to the customer from the date of notification of readiness for dispatch. However, we are obliged to take out insurance at the customer’s expense if the customer so requests.
3. delivered items, even if they have insignificant defects, are to be accepted by the customer – without prejudice to his rights under Section VIII.
4. partial deliveries are permissible insofar as reasonable for the customer.
VII Retention of title
1. we reserve title to the delivery item until receipt of all payments from the delivery contract, whereby all deliveries made on the basis of accepted orders shall be deemed to be a coherent delivery transaction. In the case of a current account, the reserved property shall be deemed to be security for our balance claim. We are entitled, at the customer’s request, to insure the delivery item against theft, breakage, fire, water and other damage at the customer’s expense, unless the customer has demonstrably taken out the insurance himself.
2. if our delivery item is combined by the customer with other items to form a uniform item, it is agreed that the customer shall transfer co-ownership to us on a pro rata basis and shall keep the item in safe custody for us. Any treatment or processing by the customer shall be carried out on our behalf to the exclusion of the acquisition of ownership in accordance with § 950 BGB; we shall become co-owner of the item thus created in proportion to the net invoice value of our delivery item, which shall serve as reserved goods to secure our claims in accordance with clause 1. If the customer sells the goods delivered by us, he hereby assigns to us all claims against his customers arising from the sale, including all ancillary rights, until all our claims and services have been settled in full. At our request, the purchaser is obliged to notify the third party purchasers of the assignment and to provide us with the information and documents required to assert our rights. If the value of the securities existing for us exceeds our total claims by more than 20%, we shall be obliged to release securities of our choice at the request of the customer.
3. the customer may neither pledge the delivery item nor assign it as security. In the event of seizure, confiscation or other dispositions by third parties, the customer must notify us immediately. In the event of breach of contract by the customer, in particular default in payment, we shall be entitled to take back the delivery item after issuing a reminder and the customer shall be obliged to surrender it. The assertion of the retention of title and the seizure of the delivery item by us shall not be deemed a withdrawal from the contract.
4. the customer’s application for the opening of insolvency proceedings entitles us to withdraw from the contract and to demand the immediate return of the delivery item.
VIII. Warranty for defects in the delivery
We provide a warranty for defects in the delivery to the exclusion of further claims – subject to Section IX – as follows:
1. all those parts which prove to be defective as a result of a circumstance prior to the transfer of risk shall be repaired or replaced free of charge at our reasonable discretion. The discovery of such defects must be reported to us immediately in writing. Replaced parts become our property.
2 No warranty shall be assumed in the following cases in particular: For wearing parts or parts that are subject to operational wear and tear due to their use by the customer, unsuitable or improper use, incorrect assembly or commissioning by the customer or third parties, such as in particular non-compliance with our assembly and commissioning conditions, incorrect or negligent handling, unsuitable operating materials, replacement materials, defective construction work, unsuitable building ground, chemical, electro-chemical or electrical influences, unless we are responsible for them.
3. the customer shall, after consultation with us, give us the necessary time and opportunity to carry out all repairs and replacement deliveries which we deem necessary at our reasonable discretion; otherwise we shall be released from liability for any consequences arising therefrom. Only in urgent cases of danger to operational safety or to prevent disproportionately large damage, in which case we must be notified immediately, shall the customer have the right to remedy the defect himself or have it remedied by third parties and to demand reimbursement of the necessary expenses from us.
4. of the costs arising from the repair or replacement delivery, we shall bear – insofar as the complaint proves to be justified – the costs of the replacement part including shipping as well as the reasonable costs of dismantling and installation, furthermore, if this can be reasonably demanded in the individual case, the costs of any necessary provision of our fitters and assistants. Within the framework of the statutory provisions, the customer has the right to withdraw from the contract if we – taking into account the statutory exceptions – allow a reasonable deadline set for us for the repair or replacement delivery due to a material defect to elapse without success. If there is only an insignificant defect, the customer shall only be entitled to a reduction in the contract price. The right to reduce the contract price is otherwise excluded.
5. if the customer or a third party carries out improper repairs, our liability for the resulting consequences is excluded. The same applies to changes made to the delivery item without our prior consent.
IX. Liability
1. if the delivery item cannot be used by the customer in accordance with the contract due to our fault as a result of omitted or faulty execution of suggestions and advice made before or after conclusion of the contract or due to the breach of other contractual ancillary obligations – in particular instructions for operation and maintenance of the delivery item – the provisions of Sections VIII and IX shall apply 2. accordingly.
2. we shall only be liable for damage that has not occurred to the delivery item itself – for whatever legal reasons – in the following cases: in the event of intent; in the event of gross negligence on the part of the organs or executive employees of our company; in the event of culpable injury to life, limb or health; in the event of defects that we have fraudulently concealed or the absence of which we have guaranteed; in the event of defects in the delivery item, insofar as liability exists under the Product Liability Act for personal injury or property damage to privately used items. In the event of culpable breach of material contractual obligations, we shall also be liable for gross negligence on the part of non-executive employees and for slight negligence, in the latter case limited to reasonably foreseeable damage typical of the contract. Further claims are excluded.
X. Statute of limitations
Unless otherwise agreed, the warranty period shall be 12 months after delivery of the delivery item. All claims of the customer – on whatever legal grounds – shall lapse after 12 months. In the event of intentional or fraudulent conduct and for claims under the Product Liability Act, the statutory time limits shall apply.
XI. Place of fulfillment and jurisdiction
1. the place of performance for the services in kind to be provided by us and for all cash payments shall be Steißlingen.
2. the place of jurisdiction for all disputes arising from the contractual relationship is the court responsible for Steißlingen. However, we are entitled to bring an action at any other legal place of jurisdiction.
3. all legal relationships between us and the customer shall be governed exclusively by the law of the Federal Republic of Germany applicable to legal relationships between domestic parties.
XII. Validity for future orders
Our above General Terms and Conditions of Delivery shall also apply to all future contracts with the customer, even if they are not expressly referred to therein, provided that they were received by the customer with an order previously confirmed by us.
General Terms and Conditions of Delivery for Transactions within the European Union
