General terms and conditions of delivery and business
I. Offers, conclusion of contract
1. Our offers are generally non-binding. These general terms and conditions of delivery are included as part of every offer and must be confirmed when the order is placed. Deviating conditions of the buyer, which we do not expressly recognize, are not binding for us, even if we do not expressly contradict them.
2. All documents and information belonging to an offer, such as B. Illustrations, drawings and / or dimensions or tolerances are only approximate values for orientation, unless we expressly declare them to be binding. Such documents are subject to our sole property and copyright law and may not be made accessible to third parties by the buyer without our prior written consent. Electronic versions are equivalent to the written versions of this information.
3. All of our deliveries and services are based on these general terms and conditions and any separately concluded contractual agreements.
4. All delivery contracts and other agreements only become valid through our written confirmation, whereby only the content of the confirmation is decisive for the fulfillment of the contract. Changes or additions to the agreements made require our written confirmation to be effective. Oral side agreements are not binding on us unless they are confirmed by us in writing.
5. We reserve the right to make technical changes to the delivery item if we consider this to be necessary for the fulfillment of the respective contract.
II. Delivery time, partial deliveries
1. The agreed delivery time begins only after all details of the execution of the contract have been clarified, both parties have agreed on the terms of the transaction and the buyer has fulfilled all official obligations, insofar as this is necessary for the transaction. If a deposit has been agreed for the business, the delivery time does not start until the second working day of receipt of this payment on one of our business accounts.
2. Delivery times and delivery dates are only approximate (approximate values) and refer to the probable time of dispatch of our goods. Delivery times are generally adhered to if the product has left our premises on the delivery date or if readiness for dispatch has been indicated; insofar as an acceptance has to take place, the notification of readiness for acceptance is decisive - except in the case of a justified refusal to accept
3. Delivery times are extended - without prejudice to our rights in the event of default by the buyer - by the period in which the buyer fails to meet his obligations towards us. This also applies accordingly to delivery dates.
4. If we are in default of delivery or if delivery becomes impossible for us, regardless of the reasons, the buyer is entitled to claims for damages of whatever kind - in particular from Sections 286, 323, 325, 326 BGB - only in accordance with Section VIII of these General Delivery - and terms and conditions.
5. Cases of force majeure and other events over which we have no influence and which make delivery significantly more difficult or impossible, such as B. operational disruptions of all kinds, difficulties in material or energy procurement, transport delays, strikes, lockouts as well as incorrect or delayed delivery by our suppliers for which we are not responsible (reservation of timely delivery to ourselves), release us from our corresponding obligations under the delivery contract . However, obstacles of a temporary nature only release us for the duration of the hindrance plus a reasonable start-up period. If the buyer cannot be expected to accept the deliveries as a result of the delay, he can withdraw from the delivery contract by giving us an immediate written declaration. The purchaser's claims for damages against us only exist in accordance with Section VIII; this does not affect the resulting obligations to return services for services that have been exchanged.
6. Partial deliveries are permitted; each delivery is considered an independent transaction.
III. Transfer of risk
1. Irrespective of the delivery basis (eg "free domicile"), the risk is transferred to the buyer upon leaving our company. If acceptance is required, this date is decisive. The buyer may not refuse acceptance due to an insignificant defect. In the event of a delay in acceptance for which the buyer is responsible, the notification of readiness for acceptance is the decisive point in time.
2. If the dispatch of the goods is delayed for reasons for which we are not responsible, the transfer of risk takes place upon notification of readiness for dispatch by us. The buyer bears all storage costs for the goods after the risk has passed.
3. Unless otherwise agreed in writing with the buyer, the type of dispatch, packaging and transport insurance of the goods to be delivered are at our discretion.
1. Our prices apply to the scope of services and delivery listed in our order confirmations. Unless otherwise agreed, the prices are in euros (€) ex works Berlin (EXW according to Incoterms) plus the statutory value-added tax at the applicable rate. Any additional costs, such as B. Expenses for packaging, transport and insurance are borne by the buyer.
2. For the deployment of our service technicians at home and abroad, we also provide the buyer with an appropriate flat rate for the technical preparation of the assignment, the costs for travel tickets and rental vehicles, the statutory meal allowance for the employees to be deployed and an administrative flat-rate according to the organizational Complexity of use charged as ancillary costs. 3. Canceled contracts - for whatever reason - entitle us to claim damages in the amount of the expenses incurred.
V. Terms of payment
1. Our invoices for spare parts and service calls by our technicians are due for payment to one of our business accounts immediately upon receipt by the buyer without any deduction.
2. The following conditions apply exclusively to our folding machines, unless otherwise agreed in the sales contract:
• 50% of the purchase price as a deposit after receipt of the order confirmation by the buyer,
• 40% of the purchase price after notification that the machine is ready for dispatch,
• 10% of the purchase price after the machine arrives at the buyer.
3. All payments are due within ten calendar days without any deduction and free of charge for payment to one of our business accounts.
4. In the event of default by the buyer, we can demand interest at a rate of 5% above the applicable discount rate of the European Central Bank.
5. The buyer's rights of retention or set-off only exist insofar as his counterclaims are undisputed or have been legally established.
6. All of our claims are due immediately if the above or possibly otherwise agreed terms of payment are not adhered to by the buyer or circumstances become known which, in our opinion, reduce the buyer's creditworthiness. Furthermore, in such cases we are entitled to only carry out outstanding deliveries against advance payment and, if this does not take place, to withdraw from the contract after a reasonable grace period and to demand compensation for non-performance.
VI. Retention of title
We reserve title to all goods delivered by us (goods subject to retention of title) until the buyer has settled all liabilities - for whatever legal reason - from the business relationship with us. The retention of title includes the prohibition of all further disposals in rem by the buyer (transfer of ownership, pledging, transfer by way of security, etc.). The application for the opening of insolvency proceedings on the part of the buyer entitles us immediately to withdraw from the delivery contract and demand the delivery item if the buyer still has payment obligations from the relevant delivery contract at this point in time.
1. The goods delivered by us must be carefully examined immediately after they have been received by the buyer. In the case of visible defects, these must be confirmed by the carrier. The goods are considered approved if we have not received a complaint in writing within 8 working days after the goods have been received. Invisible defects are excluded from this.
2. In the event of defects or the absence of a contractually guaranteed property of the delivered goods, we are obliged, at our discretion, to repair, cancel the purchase (conversion), reduce the purchase price (reduction) or deliver a replacement. In the event of failure, refusal or the impossibility of subsequent improvement or replacement delivery, the buyer can, at his discretion, request conversion or reduction. The buyer grants us a reasonable period of time to carry out the repairs or deliveries of replacement parts, otherwise we are released from liability for any consequences resulting therefrom. Only in urgent cases to avert acute danger and avoid disproportionately high damage is the buyer entitled to remedy the defect himself or to have it remedied by a third party and to claim us for this.
3. In the case of rework, we must repair or re-deliver free of charge all those parts that have become apparent within 12 months of the transfer of risk or, in accordance with a written agreement, since commissioning as a result of an error at the time of the transfer of risk - in particular due to a defective design, poor building materials or poor workmanship - turn out to be unusable or not insignificantly impaired in their usability. The discovery of such defects must be reported to us immediately in writing. Replaced parts become our property. If shipping, installation or commissioning are delayed through no fault of ours, liability expires no later than 12 months after the transfer of risk.
4. If the defect is a right, the following applies: In the event of a violation of industrial property rights or copyrights, we will enable the buyer to continue using the product by granting the rights, provided this is not economically unreasonable for us; In this case, the buyer has a right of withdrawal. Furthermore, we release the buyer from legally established or uncontested claims for compensation by third parties. This applies conclusively and only if the buyer informs us immediately of the violation of the law and / or a claim therefrom and, with his support, enables us to take all means against the claim, as well as us the final decision on the comparative settlement or recognition surrenders to third-party rights and insofar as the buyer has not directly or indirectly set the root cause for the violation of the law.
5. We do not accept any liability for damage that can be traced back to improper use or use of the purchased item that is outside of the specification. This also applies to damage caused by disregarding the instructions given in the operating instructions or by improper repairs by the buyer or third parties, as well as for damage caused by improper maintenance of the purchased item.
6. Claims under the Product Liability Act remain unaffected.
VIII. Liability for damages
1. Liability for damage caused by delay in accordance with Section II (delay in delivery) is limited as follows: If the buyer has demonstrably suffered damage due to delay in delivery, he is entitled to charge 0.5% for each full week, but not more than 5% of the total order amount, in the case of partial deliveries, to demand the partial delivery amount as lump-sum compensation.
2. Our liability for compensation for damage caused by defects exists within the framework of the limitations given in the previous section and provided that this does not involve contract-untypical or unforeseeable damage. Liability for damage that has not occurred to the object of purchase itself is excluded or limited in accordance with the following provisions, insofar as a fault is relevant in each case:
A) In the event of slight negligence on the part of our legal representatives, executives and other vicarious agents, we are not liable unless there is a breach of essential contractual obligations,
B) In all other cases we are liable insofar as we are responsible for the fault and the damage is not atypical or unforeseeable in the contract.
IX. Software If software is included in the scope of delivery, we grant the buyer a non-exclusive and non-transferable right to use software and documentation. The right of use is granted under the condition that this software is only used on a single system, that copyright notices and manufacturer information are not removed and that the relevant copyright regulations are complied with (in particular §§ 69a ff. UrhG).
All claims - regardless of the legal reason - of the buyer expire 12 months after the transfer of risk, unless they are claims for compensation for which non-disposable legal regulations provide a different period.
XI. Final provisions
1. The place of performance is Berlin, unless otherwise specified. The place of jurisdiction for all disputes arising from the business relationship between us and the buyer is, at our option, Berlin or the buyer's registered office.
2. The relations between us and the buyer are exclusively subject to the law of the Federal Republic of Germany.
3. If individual provisions of these delivery and business conditions or one of our delivery contracts are or become ineffective, this shall not affect the effectiveness of the remaining provisions. The contracting parties are obliged to agree on a new provision that comes as close as possible economically to the purpose pursued by the ineffective provision.
Karl Rabofsky GmbH
Karl Rabofsky GmbH
Motzener Str. 10A
Telefon: +49 (0) 30 / 71 30 26 – 0
Telefax: +49 (0) 30 / 71 30 26 – 13
Chief Executive Officer:
Dr. Michael Sperling
AG Berlin Charlottenburg
HR B 1857
Sales tax identification number: