General terms and conditions of sale
Art. 1 Offer and conclusion of contract
The order initiated by the buyer is a binding offer. We may accept this offer within two weeks by sending an order confirmation or by shipping the ordered goods within this period.
Art. 2 Provided documents
We reserve title and copyright to all documents provided to the buyer in the context of the order being placed, including those in an electronic form, such as e.g. calculations, drawings, etc. These documents may not be made accessible to third parties unless we have given our express written consent to do so to the buyer. If we do not accept the buyer’s offer within the term defined in art. 1 above, these documents shall be returned to us immediately.
Art. 3 Prices and payment
1. Our prices include value-added tax for delivery within the EU. They do not include delivery and packaging costs.
2. The purchase price shall be paid to one of our accounts exclusively. The deduction of a trade discount is admissible with a special written agreement only.
3. Unless agreed otherwise, the purchase price shall be paid within 10 days as of delivery. Default interest is charged at 5% above the respective basic interest rate per annum. We reserve the right to assert claims for higher default damages. In the event that we assert claims for higher default damages, the buyer has the option to prove to us that the asserted default damage has not been incurred at all or has been incurred to a significantly lower amount at least.
Art. 4 Set-off and retention rights
The buyer is entitled to set off claims against each other only if their accounts receivable have been established as final and absolute or are undisputed. The buyer is entitled to set off their claims against other claims also if they are asserting notices of defects or counter-claims arising from the same purchasing contract. The buyer shall be entitled to assert a right of retention only insofar as their counter-claim is based on the same contractual relationship.
Art. 5 Right of withdrawal
The buyer is entitled to withdraw the contract as defined by the Fernabsatzgesetz [German Distance Selling Act] within two weeks without giving any reasons in text form (e.g. letter, fax, e-mail) or by returning the goods unless the goods were manufactured pursuant to the customer’s specifications or were clearly customised for the buyer’s personal demands. The timely sending of the withdrawal or the goods shall be sufficient to observe the withdrawal period.
The withdrawal shall be sent to:
Sauer Shooting Sportswear
- Owner: Herbert Sauer-
75196 Remchingen-Singen, Germany
In the event of effective withdrawal, any mutually provided performances shall be returned and possibly incurred benefits (e.g. interest) shall be surrendered. If the customer cannot return the performance received in full or in part at all or if they may only do so in an impaired condition, they shall reimburse us for the lost value. This does not apply if the impairment of the goods is attributable to their inspection – as the customer may have done in a shop – only. Furthermore, the customer may avoid the obligation to reimburse lost value by not putting the goods into use like its owner and abstaining from anything which might impair their value. Goods that may be sent as a package shall be returned. When returning goods from a delivery, the customer shall bear the costs for the return if the delivered goods were matching the order. Otherwise, the return is free.
Art. 6 Delivery time
1. Delivery times shall always be non-binding even if they had been defined or indicated by Sauer in the context of the ordering process unless the delivery time was expressly confirmed as a binding delivery time by Sauer in the original document.
2. 4 weeks after exceeding a non-binding delivery date/delivery period, the buyer may demand our delivery within a reasonable period in text form. If we culpably do not comply with an express delivery date/delivery period or default for any other reason, the buyer has to fix us a reasonable respite to deliver the performance. If we let the respite expire in vain, the buyer is entitled to cancel the purchasing contract.
3. The start of the delivery time indicated by us requires the timely and proper fulfilment of the buyer’s obligations. We reserve the defence of non-fulfilment of the contract.
4. If the buyer is in default of acceptance or culpably in breach of other obligations to co-operate, we are entitled to demand compensation for damages incurred by us due to this including any additional expenses. We reserve the right to assert further claims. If the above conditions are present, the risk of accidental loss or accidental impairment of the purchased goods shall pass to the buyer at the time at which they have defaulted on the acceptance or debt obligations.
5. Proper shipping of the ordered goods by Sauer shall always be determinative for compliance with the delivery time. Partial deliveries of the ordered goods are admissible.
Art. 7 Reservation of title
1. We reserve the title to the delivered goods until full payment of all accounts receivable arising from the delivery contract.
2. The buyer is obligated to treat the purchased goods with care until title has transferred to them. This includes but is not limited to the obligation to sufficiently insure them for theft, fire and water damage at their replacement value at their own expense. If maintenance work must be performed, the buyer shall perform it in due time at their own expense. While title has not yet been transferred, the buyer shall immediately advise us in text form if the delivered goods were seized or subject to any other interference by third parties. If the third party is not able to compensate us for the judicial and extra-judicial costs of a suit according to art. 771 ZPO [German Code of Civil Procedure], the buyer shall be liable for the loss incurred by us.
3. Handling, processing or transformation of the purchased goods by the buyer shall always be done in our name and on our behalf. In this case, the buyer’s contingent right to the purchased goods shall continue to apply to the reworked goods. If the purchased goods are processed with other items not belonging to us, we acquire a joint title to the new goods proportionally to the objective value of the purchased goods and the other processed items at the time of processing. The same shall apply in case of blending. If the blending is performed in such a way that the buyer’s goods shall be deemed as the main item, it is deemed agreed that the buyer will transfer to us a proportional joint title and will store the goods subject to reservation of sole or joint title for us.
Art. 8 Warranty and notice of defects
1. Unless the information provided in our brochures, advertisements and other offer documents has been expressly indicated to be binding by us, the illustrations or drawings included thereunder are determinative in approximation only.
2. If the delivered item does not have the characteristics and condition agreed by the buyer and us or is not suitable to the use assumed pursuant to our contract or in general or does not have the features the buyer may expect pursuant to our public statements, we are obligated to provide a supplementary performance. This shall not apply if we are entitled to refuse supplementary performance due to legal provisions.
3. The buyer may initially choose whether supplementary performance is to be rendered by subsequent improvement or replacement. However, we are entitled to refuse the type of supplementary performance chosen by the buyer if it is possible with excessive costs only and the other type of supplementary performance does not have any significant disadvantages for the buyer. During supplementary performance, reduction of the purchase price or withdrawal from the contract by the buyer is excluded. Subsequent improvement is deemed to have failed after the third unsuccessful attempt, unless the type of item or defect in particular or other circumstances provide otherwise. Special circumstances are adjustments to custom-made clothing, i.e. items produced specifically for the buyer. If the supplementary performance has failed or if we have refused the supplementary performance as a whole, the buyer may withdraw from the agreement.
4. The buyer may assert claims for damages according to the following conditions due to the defect only after the supplementary performance has failed or we have refused the supplementary performance. The right of the buyer to assert further claims for damages according to the following conditions shall remain unaffected.
5. Regardless of previous provisions and the following limitations of liability, we shall bear unlimited liability for damages to life, body and health due to negligent or intentional breach of obligation by one of our legal representatives or our vicarious agents and for damages covered by the liability pursuant to the Produkthaftungsgesetz [German Product Liability Act] and all damages caused by intentional or grossly negligent breaches of contract and bad faith of our legal representatives or vicarious agents.
6. We are also liable for damages caused by simple negligence if the negligence refers to breach of such contractual obligations being of particular importance for achieving the purpose of the contract (essential obligations). However, we are liable only insofar as the damages are typically associated with the contract and foreseeable. Otherwise, we are not liable for simple negligent breaches of non-essential supplementary obligations. The limitations of liability provided in the sentences 1-3 above shall also apply insofar as liability for legal representatives, executives and other vicarious agents is affected.
7. Further liability is excluded regardless of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this shall also apply to personal liability of our employees, workers, representatives and vicarious agents.
8. For new goods, the statute of limitations is 2 years and for used goods, it is 1 year, calculated as of passing of risk. This statute of limitations shall apply for claims for compensation of consequential harm caused by a defect also insofar as the other party has not asserted any claims arising from a tortious act.
Art. 9 Miscellaneous
1. This contract and all legal relationships of the parties are subject to German law excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. If individual provisions hereunder are or become invalid or if they are incomplete, the other provisions shall remain unaffected.
Remchingen-Singen, on 15 December 2019
Sauer Shooting Sportswear
- Owner: Herbert Sauer-
75196 Remchingen-Singen, Germany