Terms and conditions
General conditions of delivery and payment
1. Conclusion of a contract and subject matter of contract
Our offers are without obligation. For all contracts is our recorded confirmation of order linked with our general conditions of delivery and payment magisterial. Purchasing conditions of the purchaser are non-binding for us even if we don´t expressly contradict them or the purchaser doesn´t expressly declare his consent to our conditions. This also applies to such conditions in the purchasing conditions of the customer about which is nothing included in our conditions. Verbally agreements requires our recorded confirmation. Orders are generally considered accepted if no objection has been made within 14 working days of the order date. Order changes or cancellations can generally only be considered if the processing of the order has not already started. Fallacies due to order by phone goes to the expense of the purchaser.
2. Prices
Unless otherwise noted are all prices free to the door. Offer prices are without engagenment until recorded confirmation.
Subsequent price amendment are acceptable if:
a) the manufacturing dimensions deviate to the price offer taking as a base of building shell sanction or
b) the assemblly condition exist that were not recognizable when the offer was submitted and require additional working hours.
3. Term of delivery
The delivery time is set in such a way that it can be complied with in accordance with the construction progress and with all normality in all foresight. If the delivery time is exceeded due to operational disruptions or as a result of unresolved technical questions, the purchaser is not entitled to compensation and also has no right to withdraw from the contract. An agreed delivery or assembly period is considered extended if a temporary obstacle to performance for which we are not responsible arises, in particular due to force majeure, strikes, power cuts, traffic restrictions etc. , and also if there are aggravating assembly conditions that do not apply when the offer ist made were recognizable. Claims of the purchaser for compensation for delay damage and for compensation for non-performance are excluded – except in the case of intent and gross negligence – within the limits of what is legally permissible. In any case is any claim for damages limited to the order value.
4. Decline
After completion of the order, even if it takes place before an agreed execution period has expired, the customer has to accept the service with 12 days of completion. Missing services by other entrepreneurs, over which we have no influence, but which are necessary for the proper functioning of our work, do not entitle to refuse acceptance.
5. Construction, disclosure and rate sharing
Our information on dimensions, weights, performance etc. in the desings are non-binding. All suggestions and documents remain our property and may not be made accessible to third parties without our approval. The systems are only manufactured according to approved drawings and templates.
6. Reservation of proprietary rights
The goods remains the property of the seller until all claims have been paid in full including ancillary claims, claims for damages, future claims and cashing of checks and bills of exchange.
With the resale of the products processed or manufactured by the contractore, the client only agrees with the stipulation that the contractor´s future claim against a third party resulting from the sale is already assigned at this point. The client accepts the assignment (extended retention of title). The contractor is entitled to disclose the claim to the corresponding debtors of the client.
7. Paymen
The custormer hereby expressly waives the right of retention and the offsetting of counterclaims of any kind. Interim payments are to be made within 6 working days after submission of the establishment. Incoming payments fromt the customer pay off the debts in the order in which they arise, which must be taken into account when deducting a cash discount. If the target is exceeded, the actual adult own bank loan costs, but at least 2 percent above the respective official discount rate, are calculated from the expiry date, for example, approved discounts and freight reimbursements for judicial or extrajudicial settlement proceedings, bankruptcy or late payment (§ 284 BGB) and for judicial enforcement in omission. The same legal consequences occur on the 31st day after the invoice is due.
8. Terms of payment
Unless otherwise agreed, the following conditions apply :
10 days 2 % discount
30 days net
9. Warrant of merchantability
In general the guidelines of VOB and BGB are based.
Regarding VOB: construction work 2 years,
Electrical systems 6 months,
Waterproofing of roofs 10 years
Regarding BGB : If guarantee is expressly agreed in accordance to BGB
Construcion work 5 years
Products of the seller are customizations and can´t be exchanged or taken back on request. If the complaint is justified, the seller's choice is limited to rectification, delivery of spare parts or a reasonable reduction in the purchase price. In the event of rectification by the buyer, the costs must be agreed before and agreed with the seller beforehand.
Costs will be paid by the seller in normal assembly times. Complicated assemblies that go beyond the usual amount of time are at the risk of the buyer in the event of a complaint and can´t be claimed in the invoked for reworking. Incidentally, the obligation to rectify is limited to the immediate expenses, at most to the value of the goods delivered, transport and travel costs that arise beyond 10 kilometers from the buyer's place of residence, as well as lost profit are in the business risk of the buyer and cannot be claimed. The seller has the right to refuse to remedy defects as long as the buyer doesn`t comply with payment terms or other obligations.
10. General
German law applies as agreed. The place of performance or jurisdiction for all obligations is Schwabach.
BS Roth GmbH
Münchener Straße 47, 91154 Roth
01.04.2021