Here you can look up our general terms and conditions.
The general terms and conditions are the basis for all deliveries and other services of Markisenmarkt Limberg GmbH. Our general terms and conditions take precedence over those of our contractual partners, especially in the event of a contradiction.
2.1 The prices from lists, other documents and notices of Markisenmarkt Limberg GmbH - including oral explanations - do not include the statutory value added tax, unless this is expressly stated. The prices are ex warehouse. Prices may be changed at any time until a contract has been concluded.
2.2 If, between the conclusion of the contract and delivery, duties, taxes on the goods, freight charges on the goods, fees or levies on the goods are increased or newly introduced, the purchase price shall be increased accordingly.
2.3 In the absence of other agreements, the discount shall be 2% for payment within 10 days. The invoice shall be paid within 30 days without deduction.
2.4 The declaration of set-off by the customer is only permissible in relation to legally established or undisputed claims against Markisenmarkt Limberg GmbH.
In case of dispatch of the goods the customer bears the shipping costs. Markisenmarkt Limberg GmbH is authorised to choose the mode of dispatch within the framework of good faith.
4.1 The ownership of the delivered goods is only transferred to the customer when all claims of Markisenmarkt Limberg GmbH against the customer have been paid, even if these claims exist from other business transactions, deliveries or from any other legal grounds.
4.2 If goods delivered under retention of title are resold, the customer's claims against its customers arising from the sale shall take their place. If the customer's buyer makes the assignment of the claim against him dependent on his consent, the customer is only authorised to resell the goods if he obtains the consent of his buyer or if Markisenmarkt Limberg GmbH expressly approves the resale without this consent of the customer's buyer. The customer is authorised to collect the claims assigned in the case of resale despite the assignment. The collection authority of the Markisenmarkt Limberg GmbH exists independently of this beside that of the customer. The Markisenmarkt Limberg GmbH will not carry out the collection as long as the customer fulfils his payment obligations. On demand of the Markisenmarkt Limberg GmbH the customer has to inform about the debtors of the assigned claims and to cover the assignment to them. No special reason is required for this request.
4.3 If the customer obtains a replacement for goods under the ownership of Markisenmarkt Limberg GmbH, the retention of title applies to the replacement goods.
4.4 In the case of processing or transformation of the goods subject to retention of title, Markisenmarkt Limberg GmbH shall be deemed to be the owner within the meaning of Section 950 of the German Civil Code (BGB) and shall acquire original ownership of the items created by the processing or transformation.
4.5 Goods delivered under retention of ownership may not be pledged or assigned by way of security before payment has been made.
Obvious defects must be reported immediately. The maximum period for the notification of obvious defects shall in all circumstances be 21 calendar days after receipt of the goods. Shorter periods according to law or jurisdiction shall not be extended hereby. Clause 5, sentence 1 and sentence 2 shall also apply to recognisable warranty claims.
6.1 The warranty claims of the customer - including the claims from legal guarantee by Markisenmarkt Limberg GmbH - can also be fulfilled at the choice of Markisenmarkt Limberg GmbH by rectification or by replacement delivery.
6.2 The customer may demand cancellation of the contract (redhibitory action) or reduction of the purchase price (reduction) if Markisenmarkt Limberg GmbH allows a reasonable deadline set by the customer for the rectification of defects or replacement delivery and a further grace period to be set by the customer for the provision of such services to expire. The same shall apply if the rectification or replacement delivery fails. In this case, too, a reasonable period of grace shall be granted. The request for cancellation must be made in writing.
6.3 Warranty claims and guarantee claims exist only for the customer and cannot be assigned.
Claims for damages by the customer of Markisenmarkt Limberg GmbH arising from culpa in contrahendo, breach of contractual duties of protection and tort are excluded, unless they are based on intent or gross negligence.
If delivery periods and deadlines are exceeded, the customer shall only be entitled to assert claims if a reasonable period of grace has been set in writing.
Partial delivery to a reasonable extent is permissible.
10.1 The place of performance for deliveries and payments of both parties is the registered office of Markisenmarkt Limberg GmbH.
10.2 The place of jurisdiction for all legal disputes is the competent court in whose district the registered office of Markisenmarkt Limberg GmbH is located.
10.3 The contractual relations between the parties shall be governed exclusively by the law of the Federal Republic of Germany, excluding the Hague Convention on Contracts for the International Sale of Goods.
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