General terms of supply and payment

1. Order

The following sales and delivery terms shall apply exclusively to all business transactions with our customers. Alternative agreements only apply if they are explicitly confirmed by us in writing. In the event of contrary contractual terms, the buyer waives its contrary terms upon acceptance of the delivery. Counter confirmations by the buyer with contrary terms are hereby rejected.

2. Scope of delivery

All information and depictions provided in our printed materials are only approximate and are not binding for the performance of the order. In particular, we reserve the right to make changes to the technical design.

3. Order confirmation

The copy of the order serves as a binding order confirmation. The order may not be cancelled. Consumers (private end customers) have a statutory right to cancel within 14 days of receipt of the goods in the case of online purchases. This cancellation right does not apply to goods that have been custom made for the consumer (e.g. custom vacuum bags).

4. Prices

The prices are, where not expressly stated otherwise, ex-works excluding packaging.

5. Delivery and transfer of risk

Goods are delivered at the expense and risk of the buyer in all cases. This applies even when the goods are delivered using the seller’s own vehicles, or if carriage-paid delivery has been arranged. The risk is transferred upon the handover to the shipping company or freight forwarder or upon the conclusion of loading into the vehicle in the case of delivery using the seller’s own vehicles. We do not provide any guarantee that we will use the cheapest shipping method. Should the delivery be delayed as a result of actions of the customer, we need only exercise the care that we would normally exercise in our own matters.

6. Payment

Payments are to be made in accordance with the payment terms stated on the order forms or on the invoices. The debtor shall be in default after 30 days of the invoice being due, without any reminder being issued. In the case of payment deadlines being exceeded, statutory default interest shall be charged. Bankable bills of exchange are only accepted in lieu of payment by arrangement, and do not represent fulfillment of the payment obligation. Any bill costs and interest incurred shall be borne by the buyer.

7. Right of the supplier and cancellation

Delivery times are only approximate and are unbinding. The obligation to observe agreed delivery and performance deadlines only applies subject to an uninterrupted operation flow. In particular, cases of force majeure and other disruptive events at our site, at our suppliers’ or at transport companies’, e.g. operational or traffic incidents, fire, floods, shortfalls in personnel, energy or raw materials, strikes, lockouts and official measures shall release us from our obligation to provide timely delivery or performance and shall also give us the right to cancel our delivery without subsequent delivery. Claims for damages due to a delay or non-delivery are excluded, provided that we are not guilty of intent or gross negligence. In the event of intent or gross negligence, however, we are only liable if a suitable grace period has been specified and then expired.

8. Claims for damages

Claims for damages of any kind and regardless of the legal basis, including those arising from fault upon the conclusion of the contract, from positive breach of contract and from tort in accordance with Sections 823 et seqq. German Civil Code (BGB), including in particular from product liability, which are asserted against us, our legal representatives, vicarious agents and employees, are excluded to the extent permitted by law.

9. Cancellation by the buyer

Should the buyer cancel a properly confirmed and accepted order, the buyer must assume any costs incurred in full. It is not possible to cancel the order after it has been confirmed in the case of custom-made products.

Consumers (private end customers) have a statutory right to cancel within 14 days of receipt of the goods in the case of online purchases. This cancellation right does not apply to goods that have been custom made for the consumer (e.g. custom vacuum bags).

10. Reservation of title

The delivered goods remain our property until the purchase price has been paid in full as well as until the final payment of all goods deliveries effected in the past or that will be made subsequently within the context of the business relationship with the buyer, and they must be clearly separated from similar products. In the event of the agreed payment being outstanding, we shall be entitled to take possession of the goods subject to the retention of title without prior notice and to access the business premises of the customer for this purpose. The customer shall not be entitled to pledge the goods or to transfer them as security until our claims have been ultimately settled. The buyer must inform us immediately of imminent or completed pledges as well as other infringements of our rights by third parties.

 Upon concluding the contract, the buyer assigns to us all receivables and claims for damages arising from the resale that are asserted against third parties.

The purchasing retailer is entitled to collect receivables and claims assigned to us through the ordinary course of business. The amount paid to it shall become our property without any special agreement, and is to be paid to us.

 

11. Complaints

Notices of defect must be received by us in writing within eight (8) days of receipt of the delivery at the destination! This requires the delivery still to be located at the place of destination in the condition in which it was delivered. The right of the customer to assert claims as a result of defects is specified separately for private end customers (consumers) and for commercial customers (traders) as follows:

 a)        Consumers:

Claims for defects expire two (2) years after the transfer of risk for the goods. Where second-hand goods are purchased, the limitation period reduces to one (1) year.

b)        Traders:

Claims for defects expire one (1) year after the transfer of risk for the goods. This assumes that the machines delivered are used under single-shift operation. In the case of multiple-shift operation, the limitation period is reduced accordingly. The commercial buyer bears the burden of proof for establishing that the goods already contained defects upon the transfer of risk.

12. Guarantee

We provide a two-year (2) guarantee for machines delivered to private end customers (consumers); we provide a one-year (1) guarantee for machines delivered to commercial customers (traders) provided that the machine is used under single-shift operation (in the case of multiple-shift operation, the guarantee period is reduced accordingly). We provide a one-year (1) guarantee for second-hand machines. The guarantee covers proper function and the parts used. The guarantee extends to free-of-charge repair or the replacement of defective parts. Shipping costs as well as the removal of the defective part and the installation of the new part are borne by the buyer. Further claims by the buyer, in particular a claim for compensation for damages that have not arisen on the delivered object itself, are excluded, unless they are the result of intent or gross negligence. In the event of properly raised and justified notices of defects, we are entitled to provide a replacement or perform rework at our discretion. Wear parts are not covered by this guarantee. Damage that arises as a result of improper operation or blunt force is also excluded from the guarantee.

In principle, the buyer must prove that the item contained a defect upon the transfer of risk. This principle also applies to commercial customers. For private end customers (consumers), the burden of proof that the items were defect-free at the time of the transfer of risk is incumbent upon the seller for the first six (6) months and the buyer after the expiry of this period.

Statutory guarantee rights apply to all goods from our online shop.

In the event of complaints regarding vacuum bags or meal trays, the control slips and any defective items should be sent to us for inspection.

13. Place of fulfillment and jurisdiction

The place of fulfillment and jurisdiction is Bad Homburg v.d.Höhe. We shall be entitled at our discretion to refer the matter to the courts having jurisdiction at the headquarters of the buyer. All legal relationships shall be subject exclusively to German law.

14. Validity of the terms

Should any provision of these General Delivery and Payment Terms be or become invalid in whole or in part, this shall not affect the validity of the rest of the terms. The content of the invalid provisions is to be reinterpreted in the form of a legally valid provision that reflects the intended economic purpose of the invalid provision as closely as possible. 

Mediation as alternative

The EU Commission provides an Internet platform for the online settlement of disputes (the so-called “OS platform”). This OS platform serves as the starting point for the extrajudicial settlement of disputes in connection with contractual obligations arising out of online purchase contracts and online service contracts. The OS platform can be reached under: 

www.ec.europa.eu/consumers/odr


We are neither required nor willing to take part in mediation proceedings held by a consumer mediation service.

Contact

Helmut Boss Verpackungsmaschinen KG

Dipl.-Kfm. Waltrud Kunze

Zum Wingert 5 61352 Bad Homburg

workPhone +49 6172 457097 faxFax +49 6172 44139


www.vacuum-boss.com 

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