General Terms and Conditions
1. Offers:
Our offers are always non-binding unless special agreements have been made.
Orders are deemed accepted when we complete the delivery or when they are confirmed by us in writing within 14 days.
The same applies to any changes, additions, or agreements made verbally, by telephone, or in writing.
The content of our order confirmation is decisive for the contractual relationship.
2. Deliveries:
We will endeavor to adhere to the stated or promised delivery times wherever possible; however, these are not legally binding.
The buyer cannot derive any claims or equivalent rights of any kind from delayed delivery.
If delivery is delayed for more than one month beyond the scheduled delivery date,
the buyer may, without prejudice to any other rights, refuse acceptance of the service if he has previously
received a written reminder for delivery and if the delay is exclusively due to circumstances for which we are responsible. In the event of force majeure, which also includes traffic disruptions and shipping disruptions, we are
released from this obligation. The same applies if suppliers or other third parties fail to deliver in accordance with the contract, in particular
fail to deliver on time.
Subsequent order changes and postponements can only be considered if they are confirmed by us by telephone or in writing.
3. Payment:
The prices stated in the order confirmation shall serve as the basis for invoicing. The invoice amounts must be transferred
free of charge to us. Payment is due within 30 days net, unless otherwise stated in the order confirmation.
Payment must be received by the due date stated. An agreed cash discount will only be
recognized if all payment obligations from previous deliveries have been fully fulfilled.
Set-off against counterclaims, the retention of due invoices, and other deductions (e.g., freight) are
not permitted under any circumstances. If the payment deadline is exceeded, default interest of at least 3% above the applicable discount rate and dunning costs will be charged from the due date, subject to the right to assert further damages. If we receive unfavorable information about the buyer after the conclusion of the contract within the payment period, we may demand immediate cash payment or withdraw from the contract. We may then retain the delivered goods.
without special title. The buyer shall bear all costs incurred thereby. Our right to fulfillment remains unaffected.
4. Retention of Title:
The delivered goods remain our
property until all claims arising from the business relationship have been fulfilled. In the event of resale, the buyer's claim against his
customer shall replace the delivered goods, which shall be deemed assigned to us up to the amount of our entire claim. We will only collect this
claim if the buyer defaults on a claim to which we are entitled or if we receive unfavorable information. In such a case, we are entitled to reclaim all reserved goods from the buyer or his
customers without further title and, at our discretion, either withdraw from the purchase contracts for these
goods or from purchase contracts still to be fulfilled, or demand fulfillment and sell the retrieved goods privately or through a pawn shop.
If the reserved goods are seized or confiscated, the buyer must notify us immediately. The buyer is obligated to adequately insure them against fire and theft.
5. Notice of Defects:
Notices of defects must be submitted promptly, at the latest within 15 days of receipt of the delivery item.
They must be communicated to us in writing. Defects in part of the delivery cannot lead to a complaint about the entire delivery.
Our liability is limited, at our discretion, to the rectification of the defect or
provision of an appropriate replacement delivery. However, if the repair or replacement delivery fails, the buyer has the right to demand a reduction in the price or cancellation of the contract with regard to the defective part.
The buyer is only entitled to further claims for compensation if we can be accused of intentional or grossly negligent conduct.
For defects, which also include the lack of guaranteed properties, we provide a warranty in such a way that we, at our discretion, either repair, replace, or provide new parts or services free of charge that become unusable or whose usability has been significantly impaired within the statutory or agreed warranty period as a result of a circumstance that occurred before the transfer of risk and for which we are responsible. The discovery of such defects must be reported to us immediately in writing in accordance with the inspection and complaint requirements stipulated in Sections §§ 377, 378 HGB of the German Commercial Code (HGB). The customer must grant us reasonable time and opportunity to remedy the defect; otherwise, Chemie Handel Schneider GmbH is released from the obligation to remedy the defect. If Chemie Handel Schneider GmbH allows a set, reasonable grace period to expire without remedying the defect, if we refuse to remedy the defect or to provide a replacement, or if this becomes impossible for us, the customer has the right, at his discretion, to demand a reduction in the price or to rescind the contract. Damages that due to natural wear and tear, as well as damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive use, or unsuitable operating materials. Any modifications or repairs carried out by the customer or an unauthorized third party will void liability for any resulting consequences. The warranty period for deliveries of goods (systems and equipment) is six months from the transfer of risk, as is the case for deliveries and/or installations of water purification and water treatment systems. Further claims by the customer against us and our vicarious agents are excluded, in particular claims for compensation for damages that did not occur to the delivered item itself. The above limitation of liability does not apply in cases of intent, gross negligence, or the lack of guaranteed properties. If Chemie Handel Schneider GmbH negligently breaches a material contractual obligation, our liability for property damage or personal injury is limited to the coverage amount of our liability insurance.
6: Performance and Place of Jurisdiction:
Munich is agreed upon exclusively as the place of performance and, to the extent legally possible, the place of jurisdiction for both parties.
Oral representations are only valid if confirmed by us in writing. All our transactions are governed exclusively by the laws applicable in Germany.
7: Any agreements deviating from the delivery and payment terms must be made in writing in all cases.
8: Should any of the above terms be invalid due to a special agreement or for any other reason, this shall not affect the validity of the remaining terms.
Munich, January 4, 2024