Terms and conditions
General Payment and Delivery
1.1 The following conditions apply to all our offers, sales, deliveries and services and contents of the contract.
They do not apply if the contracting party is a private individual, not a professional or commercial buyer. They
also apply to all future business relations, even if they are not expressly agreed again.
1.2 Any deviating or supplementary terms and conditions of the buyer we hereby expressly reject. They also do
not apply if the purchaser has it based its order or other declaration.
§2 Offers and orders
2.1 Our offers are not binding, unless mentioned in writing. An effective contract comes into existence only with
our order confirmation or delivery of the goods.
2.2 Dimensions, weights, illustrations, drawings and other documents, which belong to our non-binding offers,
remain our property and are only approximately authoritative. Only if express written confirmation from us they
can be binding contractual content.
§3 Doubtful solvency
3.1 If after conclusion of the contract circumstances giving rise to doubts about the solvency of the buyer, we
can make further deliveries dependent on advance payment of the goods by the purchaser. We can set the
purchaser for the advance payment of the goods a reasonable period and to withdraw from the contract if the
advance payment is not received by us within the prescribed period; the buyer can afford security by bank
guarantee instead of cash advance. If we have already delivered the goods, the purchase price is regardless of
agreed payment periods due net immediately.
3.2 doubts about the solvency of the buyer include then justified if an application for opening of insolvency
proceedings against its assets has been made or not he makes payments to us or third parties on time.
4.1 Our prices are "ex works" unless an agreement was reached with the buyer. Packaging costs are not
included in the price.
4.2 The VAT is not included in our prices and will be shown separately in the invoice in the law applicable on
the date of the invoice amount.
4.3 If the period between the end date of the contract and the date of delivery is more than 4 months without
this, based on a to delivery on our delay, and has changed in that time our current price list, so we can place
the agreed purchase price the day require the delivery applicable list price. We will deliver to the buyer before
delivery a duly amended order confirmation. The buyer, in this case with regard to the goods for which the price
has been increased, rescind his order. He must explain the resignation in writing not later than 7 working day
after receipt of the amended order confirmation:
A submission by fax or e-mail's sufficient
§5 Delivery time
5.1 All deliveries are non binding and are considered only approximately agreed, as long as they have not been
expressly described by us as binding. In a non-binding delivery, delivery within 7 days still applies after the
5.2 Delivery time is an estimation and is agreed between the seller and buyer. The buyer must grant us a
reasonable grace period that begins with 7 days. After expiration of this period, the buyer is entitled to withdraw
from the contract.
5.3 us the performance due to force majeure or other exceptional and involuntary circumstances is wholly or
partially impossible or significantly impeded temporarily, then the agreed delivery time is extended by the
duration of the hindrance.The same applies to a legal or set by the buyer for the period of performance, in
particular for periods of grace in case of default.
5.4 Before the expiration of the extended delivery time in accordance with paragraph 3 or performance period,
the buyer is entitled to withdraw nor to pay damages. Takes the impediment longer than 8 weeks, both the
buyer and we are entitled to withdraw, if the contract has not yet been carried out. If the purchaser is
contractually or legally (eg due to interest discontinuation) entitled to withdraw without any grace period, this
right remains unaffected.
5.5 With a possible delay in delivery, insofar as it is not based on intent or gross negligence, claims for
damages are excluded of any kind.
6.1 Shipping is at the expense of the buyer. We are not responsible for damages that occur during shipping to
the destination. Even if free delivery has been agreed and/or the delivery with our own vehicles is carried out,
we are not obliged to provide transport insurance.
6.2 Unless expressly agreed otherwise in writing, we are entitled to partial deliveries to a reasonable extent,
which are calculated separately.
7.1 Our invoices are payable within 7 days from the invoice date.
7.2 If the purchaser fails to pay the purchase price within 7 days after the due date, receipt of the invoice, or
equivalent payment schedule, the account will default.
7.3 If the purchaser is in default of payment, to all of its payment obligations under the business relationship
with us - including those that have been given for the change - payment will be due immediately. In this case
we are entitled to demand of the time in question to interest at the amount set by law. The proof of higher
damages by the seller shall be reserved.
7.4 Bills of exchange are accepted on account of performance only by prior arrangement and at discount
capability without granting a cash discount. Also payments by check / bill of exchange will only be accepted on
account of performance. The purchase price claim expires only after full redemption of the exchange.
Exchange and discount charges will be charged separately and are to be paid immediately without any
7.5 The purchaser is entitled to offset, even if complaints or counterclaims are made valid, only if the
counterclaims have been legally established, recognized by the seller or are undisputed. To exercise a lien, the
buyer is only authorized if its counterclaim is based on the same purchase contract.
§8 Warranty / Liability
8.1 The buyer must examine the goods received for completeness, transport damages, obvious defects,
condition and their properties. Obvious defects must be notified in writing by the buyer within 1 day from the
delivery of the contractual object towards us.
8.2 We are not obligated to provide warranty if the buyer has an obvious defect not reprimanded in writing in
good time. If there is a justifiable one of us lack in the goods and was reprimanded by the buyer in good time in
writing, we are - under exclusion of rights of the buyer from the contract or reduce the purchase price - for
supplementary performance, unless that due to the law to refuse the subsequent performance are eligible. The
purchaser shall grant us for each lack a reasonable time limit.
8.3 The subsequent performance can take place after the election of the purchaser by eliminating the defect or
delivery of new goods. We are entitled to that chosen by the buyer kind of remedy to be refused if it is
associated with disproportionate costs. During the supplementary performance, the reduction of the purchase
price or withdrawal from the contract are excluded by the buyer. An amendment will be considered the second
unsuccessful attempt failed. If subsequent performance fails or if the seller has refused the subsequent
performance altogether, the buyer can demand or declare withdrawal from the contract (reduction) at his
discretion reduce the purchase price.
8.4 Claims for damages on the following conditions due to lack of buyers may only be asserted if the
supplementary performance has failed or the subsequent performance by us will be refused. The buyer's right
to assert further claims for damages on the following conditions remains unaffected.
8.5 For intentional or grossly negligent breaches of duty as well as for damages resulting from injury to life,
limb or health we shall be liable without restriction according to legal regulations. Incidentally, we are only liable
if the victim is apparent contractual obligation essential for the achievement of the contractual purpose, and
limited to the amount of the typically foreseeable damage.
8.6 The limitation of liability referred to in paragraph 5 shall apply mutatis mutandis for other than contractual
claims for damages, in particular claims in tort, except for claims under the Product Liability Act. It also applies
in favor of our employees, workers, employees, representatives and agents.
8.7 As far as we did with respect to the goods or parts thereof quality and / or durability, we are also liable
under this warranty.For damages based on the lack of guaranteed quality or durability, but not directly to the
goods, we are only liable if the risk of such damage is clearly covered by the quality and durability guarantee.
8.8 We are also liable for damages caused by simple negligence, if this negligence concerns the breach of
contractual obligations, the fulfillment of the purpose of the contract is of particular importance (cardinal
obligations). However, we are only liable if the damages are typically connected with the contract and
foreseeable. In simple negligent infringements of non-substantial secondary obligations, we shall not
incidentally. The limitations of liability contained in §7 also apply to the extent that liability for the legal
representatives, executives and other vicarious agents of the seller is concerned.
8.9 Any further liability is excluded regardless of the legal nature of the asserted claim. As far as the seller's
liability is excluded or limited, this also applies to the personal liability of employees, workers, employees,
representatives and agents.
§ 9 Retention of title
9.1 We maintain ownership of the goods (reserved goods) until all payments from the sales contract have been
received. The delivered goods will only become the property of the buyer, if it fulfilled all obligations from the
business relationship, including ancillary claims and claims for damages.
9.2 The purchaser must inform us immediately in writing of any third parties, especially of
Zwangsvollstreckungsmaß-taking as well as other impairments of his property. The buyer must compensate us
for all damages and costs incurred to protect against access by third parties through a breach of this obligation
and from necessary measures.
9.3 If the purchaser of its payment obligation under despite a reminder from us, we can demand that the still
standing in its retention of title without prior formal notice. The case transport costs borne by the buyer. In the
seizure of the reserved goods by us always constitutes a withdrawal from the contract. We are authorized to
Rückbehalt of the goods to their exploitation.The proceeds will be offset against our outstanding claims.
§10 Place of performance
The performance for payments is the registered office of Fauna Marin GmbH, for our deliveries of goods the
place of dispatch.
§11 Data Processing
The buyer agrees that we process received in connection with the business relationship data about the
purchaser in compliance with the German Data Protection Act for fulfilling own business purposes, particular
store or transmit to a credit protection organization, provided this is done as part of the purpose of the contract
or to safeguard our legitimate interests is required and no reason to believe that the legitimate interests of the
buyer to the exclusion of the processing, in particular the submission, these data predominates.
§12 Jurisdiction and Applicable Law
12.1 The contractual relationship between the buyer and us is only the law of the Federal Republic of Germany,
even if the buyer has his residence or registered office abroad. The application of the Uniform Law on the
International Sale of Goods and the Law on the conclusion of international sales contracts over mobile things is
12.2 The buyer is not entitled to assign claims from the purchase contract without the consent of the seller.
12.3 If the buyer is a merchant, legal entity under public law or a public special asset, the place of jurisdiction
for both parties is the registered office of Fauna Marin GmbH Böblingen Germany. We are however also
entitled to sue the purchaser at his general jurisdiction.