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Conditions of the company KOHLER VERPACKUNGSTECHNIK for the sale of used capital goods in the national area

1. General - Scope

1.1 These conditions of sale apply exclusively; We do not recognize any conditions of the buyer that conflict with or deviate from our terms, unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we carry out the delivery to the buyer without reservation, knowing that the terms and conditions of the buyer conflict with or differ from our terms.

1.2 Our terms of delivery and payment apply not only to the present contract, but also to repeat orders and all future purchase contracts between us and the buyer.

2. Prices and terms of payment

2.1 The prices stated in our offers apply ex location and do not include dismantling, partial or complete shipment of the machine or packaging. Insofar as the performance is subject to VAT under German tax law, this is to be added to the purchase price.

2.2 Our invoices are payable within 14 days of the invoice date.

2.3 The buyer is in arrears with the payment of our invoices from the 15th day after the invoice date without the need for a reminder.

2.4 In the event of late payment, we are entitled to interest on arrears at 3.5% above the respective discount rate of the Deutsche Bundesbank p.a. to promote. If we are able to prove a higher damage caused by delay, we are entitled to claim it. The customer is entitled to prove to us that we have suffered no or less damage as a result of the delay in payment.

2.5 The buyer can only offset undisputed or legally established counterclaims.

2.6 The buyer can only assert a right of retention if his counterclaim is based on the same contractual relationship and is undisputed or legally established.

3. Obligation to make advance payments

The buyer is obliged to make advance payments. We are only obliged to make the machine available to the buyer if the buyer has paid the purchase price in advance, has sent a bank guarantee on first request or an irrevocable documentary credit containing our terms has been opened by the buyer bank at our bank.

4. Transfer of risk

Unless we have contractually taken over the dismantling and / or the partial or complete shipment of the machine, the risk of accidental loss or accidental damage to the machine passes to the buyer upon conclusion of the contract.

5. Warranty and accident prevention

5.1 We only deal with used machines that are bought after a visit. With the exception of liability for guaranteed properties, we do not accept any warranty. This also applies if the customer has not inspected the subject of the contract.

5.2 We are not liable that the machine complies with the official accident prevention regulations. The buyer is responsible for this.

6. Delivery time

6.1 Information about the delivery time is based on our estimates and is not binding.

6.2 We are not responsible for work stoppages and force majeure in connection with the delivery time.

7. Transport contracts

We are expressly authorized to conclude transport contracts on behalf of the buyer.

8. Retention of title

The subject matter of the contract remains our property until the purchase price has been paid in full.

9. Agreement on the scope of damages

In the event of damages, the difference between our purchase and sales price minus the expenses to be borne by us under the contract is to be compensated as lost profit. The buyer reserves the right to prove less damage. We reserve the right to claim greater damage.

10. Liability exemption

10.1 We are only obliged to pay compensation if we can be accused of a grossly negligent breach of contract or one of our legal representatives or vicarious agents has acted willfully or with gross negligence. In any case, our liability is limited to the damage that typically occurs when used machinery is sold.

10.2 We are not liable for the machine and its equipment meeting the requirements of the buyer.

11. Final provisions

11.1 Should any provision of the contract or these conditions be or become ineffective, this does not affect the effectiveness of the contract. The ineffective provision is to be replaced by mutual agreement by a provision corresponding to the economic content.

11.2 The place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship, including exchange and check processes, is Karlsruhe.