General conditions of sale
1. General – Scope of application
(1) The terms and conditions of sale apply exclusively, contradictory or deviating conditions of the buyer are not recognised, unless the seller had agreed to their validity in writing. The conditions of sale shall apply even if the seller performs the delivery to the buyer unconditionally in the knowledge of conflicting or deviating conditions of the buyer.
(1) The order is considered tacitly accepted if it has not been rejected within 14 days of the date of issue. The acceptance of the order is subject to self-supply or availability.
(2) Amendments to a contract or additions to a contract are only valid if they have been confirmed in writing by the seller.
3. Place of performance delivery and acceptance
(1) The place of performance for all services from the delivery contract is the location of the commercial establishment of the seller. The delivery of the goods shall take place from a national warehouse. These shipping costs shall be borne by the buyer. The buyer can designate the freight forwarder. The goods shall be transported uninsured. An advanced shipping notification can be agreed. In the case of delivery from an external warehouse, a flat rate storage surcharge may be charged.
(2) Packaging costs for special packaging shall be borne by the buyer. Partial shipments which are sorted and combined in a suitable way for sale must be prompt and must be notified in advance. Unsorted goods are only permitted with the consent of the buyer.
(3) Insofar as a delivery on the dates specified in the order is not possible, without culpable behaviour of the seller, in particular due to non-timely self-delivery or force majeure, such as war, strike, epidemics, manufacturing disruptions, official measures in exporting and receiving countries, refusal of import and export licences, modification of import regulations after conclusion of contract, claims for damages due to undelivered or delayed delivery are excluded.
(4) Claims by the buyer for damages instead of performance if the delivery has not been made are limited to the foreseeable damage in the event of gross negligence on the part of the seller. In the case of minor negligence, corresponding claims for damages are excluded.
(5) If the seller is in default for reasons which it has to justify, liability for compensation for delay damage in the case of minor negligence shall be excluded.
(6) If the buyer defaults on the acceptance of the purchased item or if it violates other obligations to cooperate, the seller shall be entitled to demand compensation for the resulting damage including any additional expenses. If the seller is still in possession of the goods, it is entitled to sell them on expiry of a reasonable period of grace set for the settlement from the buyer; the buyer is liable to the seller for all resulting losses, damages and costs.
4. Transfer of risk, insurance, freight, other costs
(1) Delivery shall be unpaid ex-works, unless otherwise agreed. General conditions of sale Delta-Sport Handelskontor GmbH
(2) It is up to the buyer to take out transport insurance for transport damage.
5. Notification of defects, warranty
(1) The supply model applies on the basis of the quality standard in the usual commercial tolerances.
(2) The warranty rights of the buyer presuppose that it has duly fulfilled its obligations of inspection and complaint pursuant to § 377 of the HGB (German Commercial Code). Complaints about obvious defects shall be made in writing within 6 days after delivery of the goods at the place of destination, and complaints about hidden defects shall be made in writing immediately after discovery.
(3) In the case of defects in the purchased item, the warranty claims of the buyer are limited to the right to supplementary performance. However, the buyer is entitled, in case of failure of the supplementary performance, to a reduction or, at its option, to withdraw from the purchase contract.
(4) The seller is liable for all damages of the buyer resulting from injury to life, limb or health. For other damages the seller is liable in the case of gross negligence. In the case of minor negligence, the seller is not liable for any other damages. Liability for damage to property which has not occurred on the delivery item itself or for lost profit or other financial loss is excluded in the case of minor negligence.
(5) The warranty period is one year from the transfer of risk. This period is a limitation period and also applies to claims for compensation for consequential damages, insofar as no claims are asserted from an illicit act.
(6) Insofar as the liability of the seller is excluded or limited, this shall also apply to the personal liability of the contracted personnel, employees, representatives and vicarious agents of the seller.
6. Terms of payment
(1) The invoice shall be issued on the day of delivery or provision of the goods. Postponing the due date (value date) is fundamentally excluded.
(2) Invoices are payable 30 days net, without deduction.
(3) Payments shall always be used to settle the oldest due debits plus the default interest accrued thereon. Decisive for the day of payment is in all cases the postmark date. In the case of bank transfer, the day before the credit at the bank of the seller is considered as the day of the payment.
(4) The buyer shall only be entitled to set-off rights if its counter claims have been legally established, are undisputed or have been acknowledged by the seller. Furthermore, it shall only be authorised to exercise a right of retention insofar as its counter claim is based on the same contractual relationship.
(5) Until full payment of due invoice amounts including interest has been settled, the seller is not obligated to any further delivery from any current contract. The assertion of damage caused by delay remains reserved.
(6) In the event of default of payment by the buyer or in case of imminent insolvency or other material deterioration of the financial circumstances of the buyer, after setting a period of grace of 12 days for outstanding deliveries of any current contract, the seller shall be entitled to rescind the payment period and demand cash payment prior to delivery or withdraw from the contract or claim damages.
General conditions of sale Delta-Sport Handelskontor GmbH
7. Retention of title
(1) The seller reserves ownership of the purchased items until receipt of all payments from the business relationship with the buyer. Insofar as the seller agrees with the buyer to pay the purchase price due with the cheque and bill of exchange process, the reservation also extends to the redemption of the bill of exchange accepted by the buyer and does not expire by crediting the check received by the seller.
(2) The buyer is obligated to handle the purchased goods with care as long as they are the property of the seller; in particular, it is obligated to insure these adequately at its own expense against fire, water and theft damage at replacement value.
(3) In the case of seizures and other interventions by third parties, the buyer shall immediately inform the seller in writing so that it can file legal action according to § 771 ZPO (German code of civil procedure). Insofar as the third party is not in a position to compensate the seller for the court and out-of-court costs of a claim pursuant to § 771 ZPO (German code of civil procedure), the buyer shall be liable for the loss incurred to the seller.
(4) The buyer is entitled to resell the purchased item in the normal course of business; it hereby assigns to the seller all claims in the amount of the final invoice amount (including value added tax) that accrue to it from the resale against its customers or third parties. The buyer remains authorised to collect this claim even after the assignment. The right of the seller to collect the claim itself remains unaffected. The seller undertakes not to collect the claim as long as the buyer meets its payment obligations from the proceeds received, is not in default of payment and, in particular, no application for opening of insolvency proceedings has been filed or payment has ceased. If this is the case, the seller shall be entitled to demand that the buyer inform it of the assigned claims and their debtors, provide all information necessary for collection, hand over the related documents and notify the debtors (third parties) of the assignment.
(5) The processing or transformation of the purchased item by the buyer is always carried out for the seller. If the purchased goods are processed with other items not belonging to the seller, the seller acquires the co-ownership of the new items in the proportion of the value of the purchased items to the other processed items at the time of processing. The same applies to the goods resulting from processing as for the purchased goods delivered under reservation.
(6) The seller undertakes to release the securities due to it at the request of the buyer if the value of the securities exceeds the claims to be secured; the choice of securities to be released is incumbent on the seller.
8. Court of jurisdiction
(1) If the buyer is a merchant, the place of jurisdiction is Hamburg. In addition, the place of jurisdiction (also for bills of exchange and check claims) is, at the option of the plaintiff, the place of the commercial establishment of one of the parties or the seat of the specialised or cartel organisation responsible for the supplier. The court first seised is competent.