Terms of Service
Terms and Conditions of BHS Böhm e.K. Stand: 24.02.07
- These terms and conditions apply to all business transactions between the contractor (BHS Böhm e.K. BHS named) and client (hereinafter referred to as customer). They also apply if the customer, especially when placing an order on his own Terms and Conditions, unless expressly stated agreed in writing.
- BHS accepts liability for defects in the services and goods delivered by us in the following manner:
- During a period of six months after the execution of the Order, the customer has a claim for elimination of errors (Improvement). Can we do one of our warranty obligations do not eliminate underlying errors or are further for the customer Rework attempts unreasonable, the customer may instead of the Repair (cancellation of contract) or reduction (Reduction of remuneration).
- Natural wear is excluded in any case from the warranty.
- Because of further claims and rights, we are liable only in the Cases of intent and gross negligence. Incidentally, the Liability excluded.
- Unless otherwise stated above, the warranty is governed by the statutory provisions.
§3 liability from offense
- Claims for damages arising from tort are excluded, unless the damage was intentional or through gross negligence caused. This also applies to acts of our performance and Agents.
§4 Retention of title
- We reserve the ownership of the delivered goods until payment of the full invoice amount.
- In case of breach of contract by the customer, in particular at Default of payment, we are entitled to take back after reminder and the Customer obliged to surrender.
- The assertion of the retention of title and the seizure of the
delivered goods by us are not considered as withdrawal from the contract,
unless the provisions of the Consumer Credit Act apply
or expressly stated in writing by us.
When used to merchants, a legal entity public law or a special fund under public law In addition, the following applies:
- The customer may neither pledge the delivered goods, nor to Assert security. In seizures and seizure or other Disputes by third parties, the customer has us immediately notify us and provide us with all information and documents to protect our rights.
- We undertake to provide the securities to which we are entitled in this respect Request the customer release as the value to be secured Claims that have not yet been settled by more than 20% exceeds.
§5 Terms of payment
- The purchase price and the fees for services are included Handover of the delivery item and after provision of the service - regardless of success - due for payment.
- Check remittances are valid only after redemption as payment.
- Default interest is charged at 3% p.a. above the respective Base rate of the European Central Bank. They are higher or higher lower if we face a burden with a higher interest rate or if the customer proves a lower load.
- If the customer is a merchant, a legal entity of the public Right or a public special fund, is the Restraint of payments due to any of us not accepted counterclaims of the customer are not allowed, nor are they the set-off with such.
§6 property rights
- The customer assures and is liable to BHS that he receives the from Contractor's verified data and any underlying software Law and in accordance with the relevant license conditions and other legal provisions and their use is authorized, and that he is further entitled to BHS these data in the context of the order. BHS is committed to Compliance with the data protection provisions that they does not take over any data of the respective customer, uses himself or at Third parties, unless they are legally obliged to do so should be.
§7 Place of fulfillment and jurisdiction
- For all disputes arising from the contractual relationship if the customer is a registered trader, a legal entity of the public law or a special fund under public law, bring the lawsuit to the court for our headquarters responsible is. We are also entitled to the customer's headquarters complain.
- Should a provision be or become invalid, the validity of the other provisions shall remain unaffected.