You are here:
  • Home
  • Terms and Conditions

Terms and Conditions

Delivery and payment conditions

  1. Scope of application
    1.1 Our Terms and Conditions of Delivery and Payment shall only apply to entrepreneurs, legal entities under public law and special funds under public law.
    1.2 Our terms and conditions of delivery and payment apply exclusively. Deviating terms and conditions of the customer shall not be recognised unless we have expressly agreed to the validity of the customer’s deviating terms and conditions in writing. Our terms and conditions of delivery and payment shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from our terms and conditions of delivery and payment.
    1.3 Our Terms and Conditions of Delivery and Payment shall also apply to all future transactions with the customer, even if no express reference is made to them.
  2. Offers, offer documents
    2.1 Our offers are non-binding until accepted, unless expressly agreed otherwise.
    2.2 The order is a binding offer. We can accept this offer within two weeks either by our order confirmation or by sending the goods to the customer and – if agreed – installing them.
    2.3 Bergmeister Leuchten GmbH reserves the right of ownership or copyright to cost estimates, drafts, sketches, drawings, plans and models. These may not be used, reproduced or made accessible to third parties without our consent. They must be returned to us immediately if the order is not placed.
  3. Modifications
    3.1 We reserve the right to insignificant, reasonable deviations in execution and design (material, shape and colour), unless this is an agreed quality of the item.
    3.2 In the case of bronze work, the surface treatment shall be carried out by pickling, colouring with sulphuric liver and waxes, unless expressly agreed otherwise.
    3.3 If, after conclusion of the contract, facts become known that give rise to reasonable doubts about the creditworthiness of the Customer, or if insolvency proceedings are applied for, opened or rejected for lack of assets, Bergmeister Leuchten GmbH is entitled to demand either advance payment or security from the Customer and to withdraw from the contract if the Customer refuses. This also applies if the Customer does not fulfil due payment obligations from previous contracts despite reminders.
  4. Prices and terms of payment
    4.1 Our prices are net prices plus the applicable statutory value added tax.
    4.2 Unless otherwise agreed, our prices are ex warehouse or factory of the manufacturer and exclude packaging and shipping costs; these will be invoiced separately.
    4.3 Changes in the VAT rate authorise us to adjust the prices in accordance with the change in the VAT rate.
    4.4 Bergmeister Leuchten GmbH reserves the right to increase the prices for contracts with an agreed delivery time of more than 4 months from the conclusion of the contract in accordance with the labour cost or material price increases that have occurred. If the increase is more than 5% of the agreed price, the customer has a right of cancellation.
    4.5 Unless expressly agreed otherwise, payments are due immediately and without deduction upon receipt of the invoice.
  5. Delivery
    5.1 All delivery periods are only binding if expressly confirmed by us.
    5.2 The delivery deadline shall be deemed to have been met if the goods have left the manufacturer’s warehouse or factory by the time it expires or the customer has been notified that the goods are ready for dispatch.
    5.3 If the delivery time is delayed due to circumstances for which we are responsible, the customer may only withdraw from the contract or claim damages for non-performance if he has previously set us a reasonable grace period and this has expired without result. This shall not apply if the customer is no longer interested in the fulfilment of the contract as a result of the delay.
    5.4 Damages for delay shall be limited to compensation for foreseeable and typical damage and shall only arise if we are responsible for exceeding the deadline. In the event of slight negligence, the claim for compensation for damage caused by delay shall be limited to 5% of the agreed order price. The limitation of our liability shall not apply in the cases of clauses 10.2. and 10.4.
  6. Force majeure
    We shall not be responsible for delays due to force majeure or due to events that make it significantly more difficult or impossible for us to provide the service – even if they occur at our suppliers or subcontractors or their subcontractors – even in the case of bindingly agreed deadlines and dates, unless we are responsible for the obstacle or are already in default with our service for another reason. Force majeure includes all unforeseeable and unavoidable events which are beyond our control and which could not have been avoided under the given circumstances by reasonable and appropriate means. These include, in particular, unfavourable weather conditions and natural disasters (e.g. earthquakes, fire, floods, storms), political unrest (e.g. wars, civil wars, revolutions), acts of terrorism, official measures, labour disruptions caused by political or economic circumstances, embargoes, operational disruptions, strikes, lockouts, staff shortages, quarantine measures, illnesses (e.g. epidemics or pandemics), and the loss of the goods. (e.g. epidemics or epidemic risks, epidemics, pandemics), piracy, lack of necessary raw materials and supplies, lack of means of transport, transport delays due to traffic disruptions.
    Such delays shall entitle us to postpone performance for the duration of the hindrance plus a reasonable start-up period, but for no longer than four months, provided that we have notified the customer of the delay and its expected duration immediately after the occurrence of the hindrance.we shall be obliged to remedy any delays that have occurred if this is possible and reasonable for us at a reasonable economic cost.in the event that the delay should last longer than four months, the customer shall be entitled to set us a reasonable grace period after this period has expired and to withdraw from the contract after the grace period has expired unsuccessfully. Even in this case, the customer shall not be entitled to any claims for damages against us, unless we are responsible for the impediment or have already been in default with our performance for another reason. However, the level of performance at the time of cancellation shall be invoiced according to the contract prices and paid by the customer. The customer cannot demand compensation for any further damage or loss of profit.
  7. Documents of the customer
    The Purchaser shall be jointly responsible for errors arising from the documents submitted by the Purchaser (dimension sheets, drawings, plans, samples and the like) as well as from other information provided by the Purchaser.c Documents of the PurchaserThe Purchaser shall be jointly responsible for errors arising from the documents submitted by the Purchaser (dimension sheets, drawings, plans, samples and the like) as well as from other information provided by the Purchaser.
  8. Transfer of risk, transport insurance, transport damage
    8.1 Unless otherwise stated in the order confirmation, delivery ex warehouse or factory of the manufacturer is agreed, so that the dispatch of the goods is at the expense and risk of the customer.
    8.2 The risk shall pass to the customer when the goods have left our warehouse or the manufacturer’s works by us handing over the goods to the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment.
    8.3 If dispatch is delayed due to circumstances for which we are not responsible, the risk shall pass to the customer from the date of readiness for dispatch and notification thereof to the customer.
    8.4 The unloading of the goods at the customer’s premises is carried out by the customer himself, who is therefore also responsible for the availability of the equipment required for unloading.
    8.5 The customer shall be responsible for any damage caused by or during transport by the customer or by third parties or during unloading by the customer or by third parties.
    8.6 If the customer so wishes, we will cover the delivery with transport insurance. The resulting costs shall be borne by the customer.
    8.7 If goods are delivered with obvious transport damage, the customer is required to complain about such damage to the deliverer as soon as possible and to contact us immediately so that we can assert claims against the deliverer or any transport insurance. The statutory rights and obligations of the customer are not limited by this.
  9. Defects, warranty
    9.1 For commercial purchases with merchants within the meaning of the German Commercial Code (HGB), § 377 HGB shall apply.
    9.2 The limitation period for claims for defects is 12 months, unless a different limitation period results from § 438 para. 1 no. 2 BGB or § 634a para. 1 no. 2 BGB.
    9.3 Drawings, illustrations and details of weights and dimensions are only indicative. In particular, they are not guaranteed characteristics, unless expressly agreed otherwise.
    9.4 In the event of a defect, we shall be entitled to choose whether to rectify the defect or make a subsequent delivery. If the subsequent fulfilment fails, the customer shall be entitled to reduce the purchase price or to withdraw from the contract. Subsequent fulfilment shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of subsequent fulfilment, the customer shall bear the costs incurred by the fact that the customer has transported the goods to a place other than the place of fulfilment, unless the transport of the goods to a place other than the place of fulfilment corresponds to the intended use of the goods.
    9.5 Our warranty does not cover damage caused by non-compliance with our care instructions or improper handling. Furthermore, our warranty does not cover damage due to natural wear and tear and the effects of the weather. In particular, natural structural changes or material discolouration, e.g. due to corrosion or patina formation, may occur on bronze surfaces after handover to the customer.
  10. Liability
    10.1 Unless otherwise agreed in clauses 10.2 to 10.4 below, our liability for damages is excluded. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty, tortious claims for compensation for property damage in accordance with § 823 BGB and indirect or consequential damages including loss of profit.
    10.2 We shall be liable for damages insofar as these are covered by the liability insurance taken out by us. The customer can ask us for the amount covered by our liability insurance.
    10.3 We shall be liable in accordance with the statutory provisions if we culpably breach a material contractual obligation, compliance with which is essential for the proper fulfilment of the contract and on compliance with which the customer may regularly rely (so-called cardinal obligations). In the event of only a slightly negligent breach of a cardinal obligation, our liability for damages, insofar as these are not covered by the liability insurance taken out by us, shall only be limited to compensation for the foreseeable damage typical for the contract.
    10.4 We shall be liable in accordance with the statutory provisions in the event of intent or gross negligence on our part, on the part of a legal representative or one of our vicarious agents.
    10.5 Our liability under the provisions of the Product Liability Act shall remain unaffected by this clause 10. Furthermore, the exclusions or limitations of liability in accordance with this clause 10. shall not apply in the event of culpable injury to life, limb or health or in the event of a breach of a guarantee by us, our legal representative or vicarious agent.
  11. Retention of title
    11.1 Delivered items shall remain our property until full payment has been made. We reserve title to delivered items until all claims – including future claims – that we have against the customer arising from the business relationship have been fulfilled.
    11.2 The customer is obliged to notify us immediately of any seizure of the items subject to retention of title or other interventions by third parties and to inform the pledgees of our retention of title.
    11.3 The customer may resell or process the delivered items in the ordinary course of business, unless he has already effectively assigned the claim against his contractual partner to a third party in advance or agreed a prohibition of assignment. In order to secure the fulfilment of our claims, the customer hereby assigns to us with priority all claims, including those arising in the future, in the amount of the final invoice amount including VAT from a resale of the delivered items with all ancillary rights in the amount of the value of the items delivered by us. We hereby accept the customer’s declaration of assignment.
    11.4 If items subject to retention of title are installed as essential components in the property of the Customer, the Customer hereby assigns to Bergmeister Leuchten GmbH the claims arising from a sale of the property or property rights in the amount of the invoice value of the items subject to retention of title with all ancillary rights.
    11.5 If the items subject to retention of title are installed by the Customer or on behalf of the Customer as essential components in the property of a third party, the Customer hereby assigns to Bergmeister Leuchten GmbH any claims for remuneration arising against the third party or the party concerned in the amount of the invoice value of the reserved items with all ancillary rights.
    11.6 In the case of processing, combining and mixing of the reserved items with other items by the Customer, we are entitled to co-ownership of the new item in the ratio of the invoice value of the reserved items to the value of the other items. If the combination or mixing is carried out in such a way that the customer’s item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to us on a pro rata basis. The customer is obliged to store our sole ownership or co-ownership for us free of charge.
    11.7 We are obliged to release the securities to which we are entitled at the request of the customer to the extent that the value of the securities exceeds the claims to be secured by more than 10 %.
  12. Offsetting, right of retention
    Offsetting by the customer with counterclaims is excluded unless the counterclaims are undisputed, recognised by us, legally established or ready for a decision in legal proceedings without further taking of evidence. The assertion of a right of retention by the customer is excluded unless it is based on the same contractual relationship and the counterclaims are undisputed, recognised by us, legally established or ready for a decision in court proceedings without further taking of evidence.
  13. Place of fulfilment
    Unless expressly agreed otherwise, the place of fulfilment is D-83553 Frauenneuharting.
  14. Applicable law, place of jurisdiction
    14.1 German substantive law shall apply to the exclusion of the CISG and to the exclusion of private international law.
    14.2 If the Customer acts as a merchant within the meaning of the HGB, the place of jurisdiction is the registered office of Bergmeister Leuchten GmbH. However, we are also entitled to sue such a customer at his general place of jurisdiction.

January 2021

Bergmeister Leuchten
Eschenloh 16 b
D-83553 Frauenneuharting
Germany

Website: www.bergmeister-leuchten.de
E-Mail: info@bergmeister-leuchten.de
Phone: +49 (0) 8092 – 85068-0
Fax: +49 (0) 8092 – 85068 – 10