AGB - BHS Böhm

GTC

AGB of BHS Böhm e.K. Stand: 24.02.07

§1 Validity

These Terms and Conditions apply to all business transactions between the Contractor (BHS Böhm e.K. below). BHS) and Client (hereinafter referred to as Customer). They also apply if the customer refers to his own terms and conditions, in particular when placing an order, unless these have been expressly approved in writing.

§2 Guarantee

BHS assumes liability for defects in the services and goods provided by us in the following manner:
During a period of six months after the execution of the order, the customer is entitled to the elimination of errors (repair). If we cannot eliminate an error subject to our warranty obligation or if further attempts at rectification are unreasonable for the customer, the customer can demand conversion (reversal of the contract) or reduction (reduction of the remuneration) instead of rectification.
Natural wear is in any case excluded from the warranty.
Due to further claims and rights, we are only liable in cases of intent and gross negligence. For the rest, liability is excluded.
Unless otherwise regulated above, the warranty is governed by the statutory provisions.

§3 Liability arising from an offence

Claims for damages arising from crime are excluded, unless the damage was caused intentionally or by gross negligence. This also applies to actions of our practitioners and vicarious agents.

§4 Reserve of title

We reserve ownership of the delivered goods until payment of the full invoice amount.
In the event of non-contractual behaviour of the customer, in particular in the event of late payment, we are entitled to take back after a reminder and the customer is obliged to hand over.
The assertion of the reservation of title as well as the seizure of the delivered goods by us are not considered as a withdrawal from the contract, unless the provisions of the Consumer Credit Act apply or this is expressly declared by us in writing.
In addition, in the case of use vis-à-vis merchants, a legal entity governed by public law or a special public fund, the following shall apply:
The customer may neither pledge the delivered goods nor transfer them for security. In the event of seizure or seizure or other disposal by third parties, the customer must notify us immediately and provide us with all information and documents necessary to safeguard our rights.
We undertake to release the collateral to which we are entitled at the request of the customer insofar as the value of the claims to be secured exceeds by more than 20%, insofar as they have not yet been settled.

§5 Conditions of Payment

The purchase price and the fees for services are due for payment upon delivery of the delivery item and after provision of services – regardless of success.
Cheques are only considered as payment after redemption.
We charge default interest at 3% p.a. above the respective base rate of the European Central Bank. They are to be set higher or lower if we a burden with a higher interest rate or if the customer proves a lower burden.
If the customer is a merchant, a legal person under public law or a special fund under public law, the withholding of payments due to any counterclaims of the customer not recognized by us is not permissible, nor the offsetting with such.

§6 Protective rights

The customer warrants and is liable to BHS that he has acquired and is entitled to use the data checked by the contractor and any underlying software in accordance with the relevant license conditions and other legal provisions and that he is also entitled to make this data accessible to BHS within the scope of the order. BHS undertakes to comply with the data protection regulations to the effect that it will not take over any data of the respective customer, use it itself or pass it on to third parties, unless it is legally obliged to do so.

§7 Place of performance and place of jurisdiction

In all disputes arising from the contractual relationship, if the customer is a full merchant, a legal person under public law or a special fund under public law, the action must be brought before the court which is responsible for our headquarters. We are also entitled to sue at the customer’s headquarters.

§8 Other

Should a provision be or become void, the validity of the other provisions shall remain unaffected.