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General Terms & Conditions of scheppach Fabrikation von Holzbearbeitungsmaschinen GmbH

 

Dated 19/03/2020

 

1)  The following terms & conditions shall apply to you with us as provider (scheppach Fabrikation von Holzbearbeitungsmaschinen GmbH) via our website www.scheppach.com.

 

2.1) Our services are subject to change and non-binding. Ordering goods by the customer qualifies as a binding contractual offer. An order shall only qualify as accepted if it has been confirmed by us in writing. The order confirmation contains the binding individual information concerning the scope of the service required to fulfil the order.

 

2.2) Agreements with our representatives shall only be considered binding once we have confirmed this in writing.

 

3) Our specifications towards companies regarding the subject of the delivery or service (e.g. weights, measures, consumption values, resistance, tolerances, and technical data) and our depictions of the same (e.g. drawings and figures) shall only be approximately relevant, provided usability for a contractually specified purpose does not require an exact match. These are not guaranteed characteristics, but rather descriptions or indications of the delivery or service. Industry-standard deviations and deviations that result from legal regulations or represent technical improvements, as well as the replacement of components with equivalent parts is permitted, provided they do not impair usability for the contractually specified purpose.

 

4.1) Deadlines and periods tentatively set by the seller for deliveries and services shall only ever apply approximately, unless the a specific period or a specific deadline is explicitly agreed to or approved. If delivery has been agreed to, delivery periods and delivery deadlines shall apply to the time of transfer to the courier, freight carrier, or other third parties employed with transportation.

 

4.2) The seller shall not be liable if delivery is impossible or in the event of delivery delays, provided this is caused by force majeure or other events that cannot be foreseen at the time of contract completion (e.g. company disruptions of all kinds, difficulties acquiring materials or energy, transportation delays, strikes, legal lockouts, lack of workers, energy or raw materials, difficulties procuring of the necessary official approvals, official measures or a lack of, incorrect, or late delivery by suppliers), which the seller is not responsible for. Provided these events make the delivery or service significantly more difficult or impossible for the seller and the impairment is not only of a temporary duration, the seller shall be entitled to withdraw from the contract. In the event of a hindrance of a temporary duration, the delivery or service periods shall be extended or moved according to the duration of the hindrance, plus an appropriate starting period. If the customer cannot be reasonably expected to accept the delivery due to a delay, they may withdraw from the contract via immediate declaration to the seller.

 

5.1) The place of fulfilment for all obligations resulting from the contractual relationship shall be Ichenhausen unless otherwise specified.

 

5.2) If the customer is a company, the risk shall transfer to the customer at the latest upon acceptance of the delivery object (where the start of the loading process is decisive) by the courier, freight carrier, or other third party employed with delivery. This also applies if partial deliveries are made or if the seller has assumed other services (e.g. shipping or installation). If delivery or transfer is delayed due to circumstances that were caused by the customer, the risk shall transfer to the customer as of the day upon which the seller is ready for shipping and this has been indicated to the customer.

 

6) Prices are indicated in EUR ex works Ichenhausen. The calculation basis is the respective applicable price list on the shipping day. Spare parts list prices are provided excluding packaging as a matter of course.

 

7) The existing price list replaces all previous price lists, which therefore become invalid. This shall apply until it is replaced by a new price list. Short-term price changes are also basically possible, especially in the event of major changes to world market prices for raw materials.

 

8.1) The contractor reserves the right to invoice for the agreed service by post or using an electronic method such as e-mail.

 

8.2) Payments must be made within 30 days of the invoice date without deductions. If exchange payment has been agreed, the purchaser shall bear any bank and discounting fees.

 

8.3) The purchaser may only offset claims against our own or withhold services if their counter-claims are undisputed or legally determined, or are justified within the same contractual relationship.

 

9) We shall also be entitled to cede our claims from deliveries and services for financing purposes.

 

10) The seller shall be entitled to complete or provide deliveries or services only in return for advance payment or provision of a security if circumstances become apparent to they after completion of the contract, which are suitable for significantly reducing the creditworthiness of the customer and which endanger payment of open claims of the seller by the customer resulting from the respective contractual relationship (including from other individual orders subject to the same framework agreement).

 

11.1) Until complete payment of all of our current and future claims resulting from the purchase agreement and any continuing business relationship (secured claims), we shall reserve ownership rights to the goods sold.

 

11.2) The goods subject to retention of property title may not be mortgaged to third parties or provided as securities prior to complete payment of secured claims. The purchaser must notify us immediately in writing if and to what degree third-party access occurs involving goods still belonging to us.

 

11.3) In the event of illegal behaviour on behalf of the purchaser, especially in the event of a failure to pay the purchase price due, we shall be entitled to withdraw from the contract in accordance with legal regulations and/or to demand release of the goods on the basis of retention of title. The demand to release does not simultaneously include a declaration of withdrawal; indeed, furthermore, we shall be entitled solely to demand release of the goods, and we shall reserve the right to withdraw. If the buyer does not pay the purchase price due, we may only enforce these rights if we have previously set a suitable grace period for the purchaser to pay their dues, which was unsuccessful or if a grace period of this type is not required according to legal regulations.

 

11.4) The purchaser shall be authorised to sell and/or process goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall also apply.

 

11.4.1) The retention of title shall extend to the full value of products resulting from processing, mixture, or combination with our goods, whereby we shall qualify as the manufacturer. In case of processing, mixture, or combination with third-party goods for which property rights exist, we shall acquire joint ownership in relation to the invoice value of the processed, mixed, or combined goods. Furthermore, the same shall apply for the resulting goods as for the goods delivered subject to retention of title.

 

11.4.2) Claims resulting from subsequent sale of the goods or the resulting product towards third parties are hereby assigned to us as a security in total or to the amount of our assumed joint ownership according to the paragraph above. We hereby accept assignment. The obligations on behalf of the purchaser indicated in point 11.2 shall also apply in view of assigned claims.

 

11.4.3) The purchaser shall be entitled to collect the claim in addition to us. We shall be obligated not to collect the claim for as long the purchaser honours their payment obligations to us, does not enter into payment arrears, does not apply to initiate bankruptcy proceedings, and no other defects in their ability to pay are present. However, if this is the case, we may demand that the purchaser reveals the claims assigned to us and their debtors, indicates all information required for collection, provides us with all associated documents, and informs the debtors (third parties) of the assignment.

 

11.4.4) If the expected value of the securities exceeds our claims by more than 10%, we shall release securities at our discretion upon request by the purchaser.

 

12.1) Legal regulations shall apply to the purchaser’s rights in the event of material and legal defects (including incorrect and reduced delivery, as well as incorrect assembly or flawed assembly instructions) provided the purchaser is a company and nothing else is specified in the following. In all other cases, legal special regulations applicable to final delivery of goods to a consumer shall remain unaffected (supplier regress as per Sections 478, 479 BGB).

 

12.2) The basis of our liability for defects is mainly the agreement regarding the properties of the goods. The agreement regarding the properties of goods shall include all product descriptions, which are the subject of the individual contract; in this case, there is no difference whether the product description originates with the purchaser, the manufacturer, or with us.

 

12.3) If the properties were not agreed to, the legal regulation shall be used to judge whether a defect is present or not (Section 434 Para. 1 S 2 and 3 BGB). We do not accept any liability for public statements by third parties (e.g. advertising statements).

 

12.4) Defect claims on behalf of the purchaser shall require that they have honoured their own examination and complaint obligations (Section 377, 381 HGB). If defects are discovered during the examination or later, we must be informed about this immediately in writing. Indication of this qualifies as immediate if it occurs within two weeks, whereby timely sending of this notification shall be sufficient for honouring this deadline. Independent of this examination and complaint obligation, the purchaser must notify us of obvious defects (including incorrect and insufficient delivery) within two weeks of delivery in writing, in which case timely sending of this notification shall be sufficient for honouring this deadline. If the purchaser fails to examine and/or notify us of defects correctly, we shall not be liable for defects which were not indicated to us.

 

12.5) If the delivered item is defective, we may select whether we wish to subsequently correct the defect (rework) or provide an item free of defects (replacement delivery). Our right to refuse the selected type of subsequent fulfilment in accordance with the legal requirements shall remain unaffected.

 

12.6) We shall be entitled to make the subsequent fulfilment owed dependent upon the purchaser’s payment of the purchase price due. Nevertheless, the purchaser shall be entitled to withhold an appropriate portion of the purchase price commensurate with the defect.

 

12.7) The purchaser must provide us with the time and opportunity required for owed subsequent fulfilment, especially to provide the goods in question for inspection purposes. In the event of a replacement delivery, the purchaser must return the defective item according to the legal regulations.

 

12.8) If subsequent fulfilment fails or a suitable deadline set by the purchaser for subsequent fulfilment fails or is unnecessary according to legal regulations, the purchaser may withdraw from the contract or reduce the purchase price. In the event of minor defects, however, there is no right of withdrawal.

 

13) Return deliveries require our prior approval. If the goods are sent back or picked up by a courier contracted by us, the consumer shall be obligated to package the delivery properly and securely so that, in particular, no damage can occur. The goods must be generally packaged by the consumer in a manner secure for transport, and if being transported on a pallet, they must be secured on it properly. In general, there are no exceptions possible in this case, as pick-up takes place via courier, and secure transportation must be ensured. If the consumer ignores their obligations, especially if the goods are not packed in a suitable manner and they are damaged for this reason, the consumer must compensate the resulting costs in this case.

 

14) If the purchaser is a company, Ichenhausen shall be the exclusive jurisdiction, even internationally, for all indirect and direct disputes resulting from the contractual relationship. We are nevertheless entitled to sue the purchaser in their own jurisdiction.

 

15.1) The contractual language shall be German.

 

15.2) The complete contract text shall not be saved by us. Before sending the order, the contractual data may printed out via the print function in the browser or saved electronically. After receipt of the order by us, the order data, the legally prescribed information for teleshopping contracts, and the general terms and conditions shall be sent to you once again by e-mail.

 

16) These sales and delivery conditions, and the complete legal relationship between the seller and the purchaser are subject to the laws of the federal Republic of Germany, excluding international and supranational (contractual) legal arrangements, especially UN contract law. Requirements and effects of retention of title in accordance with point 11 are subject to the laws of the respective storage location of the item, provided the choice of law made in favour of German law is not impermissible or invalid.

Alternative dispute resolution:
 
The European Commission provides a platform for out-of-court onlinedispute resolution (OS platform) at: http://ec.europa.eu/consumers/odr

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