Terms of Service
General terms and conditions
1. General, scope
1.1. These terms and conditions apply exclusively; conflicting or deviating conditions will not be recognized unless their validity is expressly approved in writing. These general terms and conditions also apply if Schule & Böhm carries out deliveries or services to the customer without reservation in the knowledge of conflicting or deviating conditions of the customer.
2. Offer and conclusion of business, subject to change
2.1 Schulze & Böhm’s offers are non-binding. The customer is obliged to carefully check Schulze & Böhm’s offers for correctness and appropriateness. This applies in particular with regard to the assumptions made clear in the offer about the local or actual requirements provided by the customer, insofar as these are the subject of the calculation or the description of services for the offer. If such assumptions clearly do not apply to the customer, the customer is obliged to inform Schulze & Böhm immediately so that the offer can be corrected. In particular, unless otherwise expressly agreed, the customer checks on his own responsibility,
2.2 Schulze & Böhm is entitled to have the services offered provided by third parties.
2.3 Schulze & Böhm can accept orders and offers from customers within a period of two weeks after receipt. Confirmation of receipt of the customer’s order does not constitute acceptance.
3. Nature of the goods or services
3.1 Schulze & Böhm reserves the right to make technical changes that are customary in the trade, in particular improvements to the goods and services, until delivery, if this only results in minor changes in the quality of the goods and services and the customer is not unreasonably affected by this.
3.2 If services or goods are provided, created or changed based on the customer’s specifications, Schulze & Böhm is not obliged to check these specifications without a separate agreement. The customers are not entitled to any claims for defects based on Schulze & Böhm meeting the customer’s specifications. The customer bears any resulting costs.
4. Provisions and obligations of the customer
Insofar as the provision of services or the delivery of goods requires the customer to make provision of any kind, or if such has been agreed, the customer shall ensure that these are provided in good time on his part. This applies in particular to the communication of the information requested by Schulze & Böhm from the customer as well as the provision of the necessary access options for Schulze & Böhm for delivery and service provision as well as the provision of the conditions individually specified in the offer.
In the event of improper provision, the customer bears the costs for the resulting expenses.
All measures required by the customer for the receipt or acceptance of services or goods from Schulze & Böhm, in particular insofar as the installation of an item is to be carried out by Schulze & Böhm or a company commissioned by Schulze & Böhm at the customer, the customer allows in advance at his own expense and responsibility perform timely and properly. In particular, the customer will meet the respective device requirements communicated to him by Schulze & Böhm.
Additional expenses incurred by Schulze & Böhm as a result of incorrect or inadequate provision or preparation measures on the part of the customer must be borne by the customer. This also applies to additional work that Schulze & Böhm incurs because work, deliveries or journeys have to be repeated or additionally performed as a result of incorrect or unauthorized information from the customer.
Schulze & Böhm is not responsible for measures or provisions not carried out by the customer in good time.
Any deadline for delivery and service is extended accordingly if the customer is responsible for the missing or delayed proper provision.
In particular, the customer is obliged to use the goods and services only as intended and only in accordance with the manufacturer’s instructions and instructions for use.
5. Delivery and transfer of risk
5.1 Unless otherwise agreed, Schulze & Böhm provides the customer with goods and services at the Schulze & Böhm headquarters.
Regardless of the regulation of the transport costs, the risk of loss or deterioration is transferred to the company or person commissioned with the shipment when the goods are handed over or delivered, unless the customer is a consumer. This also applies if the dispatch is carried out by Schulze & Böhm itself. Schulze & Böhm assumes no liability for the choice of the cheapest shipping method.
Schulze & Böhm will cover the delivery with transport insurance at the customer’s expense, provided that the customer indicates this beforehand.
5.2 Schulze & Böhm is entitled to partial deliveries and partial services, provided this is reasonable for the customer.
6. Obstacles to performance
Delivery times and delivery obligations of Schulze & Böhm are subject to timely and correct delivery to Schulze & Böhm by their own suppliers.
Obstacles to performance in the supplier or customer area for which Schulze & Böhm is not responsible lead to a corresponding extension of Schulze & Böhm’s delivery period. Schulze & Böhm will notify the customer as early as possible of any impediments to performance by their own suppliers. This is particularly true in cases of force majeure or in the event of a breach of the customer’s duty to cooperate or obligations.
The parties are entitled to withdraw from the contract if an impediment to performance persists for more than one month for an unknown period and the impediment to performance does not fall within the area of the withdrawing party.
7. Retention of Title
7.1 Schulze & Böhm retains ownership of the delivered goods until the corresponding price has been paid in full.
7.2 During the period of retention of title, the customer is obliged to treat the goods carefully and with care. In the case of goods with a value of more than € 10,000.00, the customer is obliged to adequately insure them against damage and theft during the period of retention of title and to assign all claims from the Schulze & Böhm insurance contract. This is entitled to request the submission of the insurance documents as proof of the corresponding insurance.
Schulze & Böhm is entitled to take back the goods subject to retention of title or to demand that they be returned if the customer culpably breaches contractual obligations or is in default of payment. This withdrawal of the reserved goods does not constitute withdrawal, unless Schulze & Böhm expressly declares this to the customer in writing.
7.3 The customer is not entitled to sell the goods subject to retention of title, unless this corresponds to the normal course of business for the customer, to which Schulze & Böhm was notified when the contract was concluded.
8. Declines
At the request of Schulze & Böhm, partial acceptances are to be carried out for delimitable parts of the service that can be used independently or for parts of the service on which other Schulze & Böhm services are based, if these parts of the service to be accepted can be tested separately.
9. Subsequent performance
9.1 If the customer is not a consumer (§ 13 BGB) and there is a defect in the goods or service, Schulze & Böhm is entitled to remedy the defect by repairing the defect or delivering a defect-free item (supplementary performance). If the subsequent performance finally fails, the customer can reduce the purchase price or, if a construction work is not the subject of the liability for defects, withdraw from the contract at his discretion.
The supplementary performance is deemed to have failed if two attempts at supplementary performance did not lead to the removal of the defect and the failure was not caused by a lack of provision or cooperation on the part of the customer.
9.2 Obvious defects must be reported in writing to Schulze & Böhm within two weeks of delivery of the goods. Unless the customer is a consumer, hidden defects must be reported to Schulze & Böhm in writing immediately after they are discovered by the customer. The assertion of defects after the respective period has expired is excluded.
9.3 Supplementary performance is excluded if the defect has arisen because the customer has used the goods contrary to the manufacturer’s instructions and instructions for use given to him. The same applies if the customer does not comply with the test intervals prescribed and communicated to him by the manufacturer.
10. Prices, terms of payment, default, offsetting, right of retention
10.1. Schulze & Böhm’s prices are ex works and do not include installation and assembly. Any packaging costs and the costs of taking back packaging will be charged separately. The same applies to postage and delivery costs. The current prices for packaging, postage and delivery costs apply. For reminders required after the due date of the invoice, a reminder fee of € 10.00 is due for each reminder.
10.2. Schulze & Böhm is entitled to request payment in advance or by direct debit from the customer. In all other cases, the remuneration is due within ten days of receipt of the invoice without any deductions.
10.3. The customer is only entitled to offset and assert a retention clause if his counterclaim has been legally established, is undisputed or recognized by Schulze & Böhm.
11. Right of withdrawal and return
11.1. If the customer is a consumer, he has the right to revoke his declaration of intent aimed at concluding the contract within two weeks of receipt of the goods. The revocation does not have to contain a reason and must be declared in writing or by returning the goods to the seller; Deadline is sufficient for the timely dispatch.
11.2 The consumer has to pay compensation for a deterioration caused by the intended use of the goods. The consumer may carefully and carefully examine the goods. The loss in value that leads to the fact that the goods can no longer be sold as “new” due to the use beyond the mere examination, has to be borne by the consumer.
12. Limitations of Liability
12.1. In the case of slightly negligent breaches of duty, Schulze & Böhm’s liability is limited to the foreseeable, contract-typical, direct average damage based on the type of goods. This also applies to slightly negligent breaches of duty by legal representatives or vicarious agents. Schulze & Böhm is not liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.
12.2 Liability is excluded if the damage is caused by the fact that the customer has used the goods contrary to the manufacturer’s instructions and instructions for use given to him. The same applies if the customer does not comply with the test intervals prescribed and communicated to him by the manufacturer.
12.3 The above limitations of liability do not affect the customer’s claims under the Product Liability Act. Furthermore, the limitations of liability do not apply in the event of physical injury, damage to health or loss of the customer’s life.
13. Other
13.1. Insofar as the customer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the agreed exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the Cologne Regional Court.
13.2. The law of the Federal Republic of Germany. The provisions of the UN sales law are excluded. All agreements on deliveries and services as well as ancillary agreements must be made in writing to be effective (email is also sufficient).
13.3. Should any provision of the aforementioned terms and conditions be or become ineffective, this shall not affect the effectiveness of all other provisions or agreements.
