{"id":2156,"date":"2025-10-19T19:02:44","date_gmt":"2025-10-19T17:02:44","guid":{"rendered":"http:\/\/wordpress.p12300.webspaceconfig.de\/?page_id=2156"},"modified":"2026-07-10T12:59:27","modified_gmt":"2026-07-10T10:59:27","slug":"gtc","status":"publish","type":"page","link":"https:\/\/www.peter-brehm.de\/en\/gtc\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"<div class=\"fusion-fullwidth fullwidth-box fusion-builder-row-1 fusion-flex-container has-pattern-background has-mask-background nonhundred-percent-fullwidth non-hundred-percent-height-scrolling\" style=\"--awb-border-radius-top-left:0px;--awb-border-radius-top-right:0px;--awb-border-radius-bottom-right:0px;--awb-border-radius-bottom-left:0px;--awb-padding-top:60px;--awb-padding-bottom:60px;--awb-flex-wrap:wrap;\" ><div class=\"fusion-builder-row fusion-row fusion-flex-align-items-flex-start fusion-flex-content-wrap\" style=\"max-width:1456px;margin-left: calc(-4% \/ 2 );margin-right: calc(-4% \/ 2 );\"><div class=\"fusion-layout-column fusion_builder_column fusion-builder-column-0 fusion_builder_column_4_5 4_5 fusion-flex-column\" style=\"--awb-bg-size:cover;--awb-width-large:80%;--awb-margin-top-large:0px;--awb-spacing-right-large:2.4%;--awb-margin-bottom-large:20px;--awb-spacing-left-large:2.4%;--awb-width-medium:80%;--awb-order-medium:0;--awb-spacing-right-medium:2.4%;--awb-spacing-left-medium:2.4%;--awb-width-small:100%;--awb-order-small:0;--awb-spacing-right-small:1.92%;--awb-spacing-left-small:1.92%;\"><div class=\"fusion-column-wrapper fusion-column-has-shadow fusion-flex-justify-content-flex-start fusion-content-layout-column\"><div class=\"accordian fusion-accordian\" style=\"--awb-padding-top:30px;--awb-padding-bottom:30px;--awb-border-size:1px;--awb-icon-size:32px;--awb-content-font-size:var(--awb-typography4-font-size);--awb-icon-alignment:right;--awb-hover-color:var(--awb-color2);--awb-border-color:var(--awb-color3);--awb-background-color:var(--awb-color1);--awb-divider-color:var(--awb-custom_color_1);--awb-divider-hover-color:var(--awb-color3);--awb-icon-color:var(--awb-color7);--awb-title-color:var(--awb-color8);--awb-content-color:var(--awb-color8);--awb-icon-box-color:var(--awb-color8);--awb-toggle-hover-accent-color:var(--awb-custom_color_4);--awb-toggle-active-accent-color:var(--awb-color7);--awb-title-font-family:var(--awb-typography1-font-family);--awb-title-font-weight:var(--awb-typography1-font-weight);--awb-title-font-style:var(--awb-typography1-font-style);--awb-title-font-size:32px;--awb-content-font-family:&quot;NeueFrutigerWorld-Regular&quot;;--awb-content-font-style:normal;--awb-content-font-weight:400;\"><div class=\"panel-group fusion-toggle-icon-right fusion-toggle-icon-unboxed\" id=\"accordion-2156-1\"><div class=\"fusion-panel panel-default  panel-0d42694752cc68381 fusion-toggle-has-divider\" style=\"--awb-title-color:var(--awb-color8);\"><div class=\"panel-heading\"><h1 class=\"panel-title toggle\" id=\"toggle_0d42694752cc68381\"><a aria-expanded=\"false\" aria-controls=\"0d42694752cc68381\" role=\"button\" data-toggle=\"collapse\" data-parent=\"#accordion-2156-1\" data-target=\"#0d42694752cc68381\" href=\"#0d42694752cc68381\"><span class=\"fusion-toggle-icon-wrapper\" aria-hidden=\"true\"><i class=\"fa-fusion-box active-icon fa-minus fas\" aria-hidden=\"true\"><\/i><i class=\"fa-fusion-box inactive-icon fa-plus fas\" aria-hidden=\"true\"><\/i><\/span><span class=\"fusion-toggle-heading\">General Terms and Conditions of Purchase<\/span><\/a><\/h1><\/div><div id=\"0d42694752cc68381\" class=\"panel-collapse collapse \" aria-labelledby=\"toggle_0d42694752cc68381\"><div class=\"panel-body toggle-content fusion-clearfix\">\n<div class=\"thread_comment--threadElement--DpA6Q thread_comment--_threadElement--HbreR text--fontPos11--rO47d text--_fontBase--VaHfk text--fontPos13--5OfL8 text--_fontBase--VaHfk\">\n<h3>1.\u00a0Validity<\/h3>\n<p><span style=\"color: #6b726c;\">These General Purchase Terms shall apply to all business relations with our Suppliers, including those in the future.\u00a0 Supplier&#8217;s terms that conflict with or deviate from our Purchase Terms shall be binding for us only if and insofar as we accept them in writing for the conclusion of the respective Agreement.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">All covenants made between us and the Supplier for the purpose of performing the Agreement shall be expressed in writing in this Agreement.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Our Purchase Terms shall apply only to entrepreneurs in the sense of \u00a7310, para. 1 of the German Civil Code.<\/span><\/p>\n<h3>2. Order &#8211; Acceptance &#8211; Cancellation in Case of Decreased Demand<\/h3>\n<p><span style=\"color: #6b726c;\">Only orders submitted in writing on our order forms and properly signed shall have validity.\u00a0 This shall also apply to supplements and changes to orders.\u00a0 Orders made orally, by telephone, or facsimile shall invariably require subsequent verification in writing.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">We expect the acceptance of the order within five days of the date of the order.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">In the event of force majeure resulting in decreased demand, we shall be authorized to cancel the order partially or completely. Insofar as at the time of the cancellation on the part of the Supplier costs have already been incurred or are incurred as a result of the cancellation, the Supplier shall be authorized to demand appropriate reimbursement of expenses including a prorated profit.<\/span><\/p>\n<h3>3. Shipping &#8211; Delivery Dates<\/h3>\n<p><span style=\"color: #6b726c;\">The delivery time specified in the order is binding. The Supplier shall be obligated to inform us without delay in writing should any circumstances occur or become apparent to him that can lead to inability to adhere to the stipulated delivery time.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">In the event of a delay in delivery, we can avail ourselves of the statutory rights. In particular, after an appropriate period of time has passed without results, we shall be authorized to demand damages in lieu of the service. Should we demand damages, the Supplier is entitled to demonstrate to us that he is not liable for the breach of performance.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Insofar as nothing to the contrary has been agreed, the merchandise shall be shipped at the Supplier&#8217;s expense and risk. Every merchandise delivery shall include a delivery note that includes the order number, Peter Brehm item number, and item description of the merchandise.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">The Supplier shall be obligated to take back free of charge all packaging for the products supplied (shipping packaging, outer packaging, retail packaging) pursuant to the statutory provisions or to pick them up at a collection point we have established.<\/span><\/p>\n<h3>4. Prices &#8211; Terms of Payment<\/h3>\n<p><span style=\"color: #6b726c;\">Insofar as nothing to the contrary follows from it, the prices stated in the order shall be fixed prices. In the absence of a written covenant to the contrary, the price shall include delivery free of charge including packaging.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">We can only process invoices if, pursuant to the stipulations of our order, they include the order number specified there; the Supplier shall be responsible for all consequences arising from failure to comply with this obligation insofar as he does not demonstrate that he is not liable for them.<\/span><\/p>\n<p><span style=\"color: #6b726c;\">In the case of shipments from a non-EU country, a declaration of origin must be included on the invoice.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">We pay invoices after the delivery date, delivery including documentation and inspection certificates and receipt of invoice within 30 days net, and within 14 days at 3% discount.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">All payments shall be made exclusively to the contracting party. Payment transfers to third parties are disallowed, as are pledges.<\/span><\/p>\n<h3>5. Retention of Title<\/h3>\n<p><span style=\"color: #6b726c;\">Upon complete payment of the merchandise from the Supply Agreement, the ownership of this object passes to us. No extension of the retention of title by means of a current account or other form of title retention shall apply.<\/span><\/p>\n<h3>6. Warranty<\/h3>\n<p><span style=\"color: #6b726c;\">We are obligated to inspect the merchandise for deviations in quality and quantity and give notice of defects within a reasonable period; the notice shall be deemed timely insofar as it is received by the Supplier within a period of 5 days after receipt of merchandise or, in the case of hidden defects, after their discovery.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">The statutory claims arising from defects shall be available to us in their entirety; in any case, we shall be entitled to demand from the Supplier, at our option, that he remedy the defect or deliver a new item. The right to demand damages in lieu of the service is expressly reserved. Should we demand damages, the Supplier is entitled to demonstrate to us that he is not liable for the breach of performance. Return shipments of rejected products to the Supplier shall be free of charge for us.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Furthermore, we shall be entitled to remedy the defects ourselves at the Supplier&#8217;s cost in cases of imminent danger or particular urgency.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">For processing complaints, we shall charge the Supplier a flat rate processing fee for our expenses, which shall be staggered as follows:<\/span><\/p>\n<div class=\"table-responsive\">\n<table class=\"table table-condensed\">\n<thead>\n<tr>\n<th><span style=\"color: #6b726c;\">Merchandise value without value-added tax<\/span><\/th>\n<th><span style=\"color: #6b726c;\">\u00a0Processing fee<\/span><\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td><span style=\"color: #6b726c;\">up to \u20ac 599,99\u20ac<\/span><\/td>\n<td><span style=\"color: #6b726c;\">\u20ac 30,00<\/span><\/td>\n<\/tr>\n<tr>\n<td><span style=\"color: #6b726c;\">from \u20ac 600,00 to \u20ac 1.999,99<\/span><\/td>\n<td><span style=\"color: #6b726c;\">5 % of merchandise value<\/span><\/td>\n<\/tr>\n<tr>\n<td><span style=\"color: #6b726c;\">over \u20ac 2.000,00<\/span><\/td>\n<td><span style=\"color: #6b726c;\">\u20ac 100,00<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<p><span style=\"color: #6b726c;\">The statute of limitations according to \u00a7438 of the German Civil Code shall apply. Shortening is not permissible.<\/span><\/p>\n<h3>7. Product Liability, Indemnification, Liability Insurance Coverage<\/h3>\n<p><span style=\"color: #6b726c;\">The Supplier, insofar as he is responsible for product defects, shall be obligated to indemnify us against damage claims of third parties at our first request, as the cause lies within the scope of his dominion and organization and he himself is liable vis-\u00e0-vis third parties.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Within the scope of his liability for such damage claims, the Supplier shall also be obligated to reimburse costs that may arise from or in connection with a product recall. With respect to the content and extent of the recall measures to be undertaken, we shall, insofar as it is possible and reasonable, inform the Supplier and give him the opportunity to make a statement.\u00a0 Other statutory claims shall not be affected.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">The Supplier undertakes to maintain product liability insurance with an appropriate amount of coverage per personal injury and\/or property damage claim &#8211; all-inclusive; should we be entitled to further damage claims, these shall remain unaffected.<\/span><\/p>\n<h3>8. Property Rights<\/h3>\n<p><span style=\"color: #6b726c;\">The Supplier further warrants that no property rights of third parties within the Federal Republic of Germany have been infringed upon in connection with his delivery. Should we become subject to a claim made by a third party in this connection, the Supplier shall, at our first written request, undertake to indemnify us against these claims; this indemnification obligation on the part of the Supplier shall apply to all costs incurred by us that necessarily arise from or in connection with the claims of a third party. The limitation shall be ten years from the conclusion of this Agreement.<\/span><\/p>\n<h3>9. Confidentiality<\/h3>\n<p><span style=\"color: #6b726c;\">The Supplier shall undertake to treat the order and the work resulting from it, including all related documents, devices, operating resources, etc. as confidential.\u00a0 The covenants regarding confidentiality that have been concluded separately with the Supplier shall apply.<\/span><\/p>\n<h3>10. Trademark Protection<\/h3>\n<p><span style=\"color: #6b726c;\">The Supplier undertakes that merchandise items bearing our brands, packaged in packaging with our name or our brand, or manufactured with any stipulated other appearance that is specific to us, shall be delivered exclusively to us.<\/span><\/p>\n<h3>11. Final Provisions<\/h3>\n<p><span style=\"color: #6b726c;\">The law of the Federal Republic of Germany shall apply to all legal relations between us and the Supplier; UN purchase law shall be excluded. The place of performance and place of jurisdiction is our business domicile; however, we shall be authorized to sue the Supplier at the court of jurisdiction of his domicile as well.<\/span><\/p>\n<\/div>\n<\/div><\/div><\/div><div class=\"fusion-panel panel-default panel-bb0d3f3b153f7676e fusion-toggle-has-divider\" style=\"--awb-title-color:var(--awb-color8);\"><div class=\"panel-heading\"><h1 class=\"panel-title toggle\" id=\"toggle_bb0d3f3b153f7676e\"><a aria-expanded=\"false\" aria-controls=\"bb0d3f3b153f7676e\" role=\"button\" data-toggle=\"collapse\" data-parent=\"#accordion-2156-1\" data-target=\"#bb0d3f3b153f7676e\" href=\"#bb0d3f3b153f7676e\"><span class=\"fusion-toggle-icon-wrapper\" aria-hidden=\"true\"><i class=\"fa-fusion-box active-icon fa-minus fas\" aria-hidden=\"true\"><\/i><i class=\"fa-fusion-box inactive-icon fa-plus fas\" aria-hidden=\"true\"><\/i><\/span><span class=\"fusion-toggle-heading\">General Sales Terms<\/span><\/a><\/h1><\/div><div id=\"bb0d3f3b153f7676e\" class=\"panel-collapse collapse \" aria-labelledby=\"toggle_bb0d3f3b153f7676e\"><div class=\"panel-body toggle-content fusion-clearfix\">\n<h3>1. Applicable Terms and Conditions<\/h3>\n<p><span style=\"color: #6b726c;\">Our Sales Terms shall apply to all present and future business relations with our Customers.\u00a0 Customers in the sense of these General Sales Terms shall be entrepreneurs and consumers.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Entrepreneurs in the sense of the Sales Terms shall be natural persons or legal entities or partnerships having legal capacity with whom a business relationship is entered into and who engage in commercial activity as a business or independent contractor.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Consumers shall be natural persons with whom a business relationship is entered into without being able to ascribe to these persons any commercial activity as a business or independent contractor.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">These Sales Terms are exclusive; we do not accept Customer&#8217;s terms that conflict with or deviate from our Sales Terms unless we expressly agree to their applicability in writing.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">All covenants made between us and the Customer for the purpose of performing the agreement are expressed in writing in this Agreement.<\/span><\/p>\n<h3>2. Order &#8211; Offer &#8211; Cancellation<\/h3>\n<p><span style=\"color: #6b726c;\">The Customer shall receive a written order confirmation with our General Sales Terms. This confirmation does not represent acceptance of the offer. If the order qualifies as an offer in the sense of \u00a7145 of the German Civil Code, we can accept this offer within 2 weeks.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Insofar as the Customer is a consumer, then the signed order is a binding offer which we are authorized to accept within two weeks of receipt. Acceptance shall be effected by sending a separate confirmation in writing that contains all essential conditions.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">The consumer can cancel his order within two weeks in writing without giving reasons or, if the item has been provided to him before this period has expired, by returning the merchandise. The timely dispatch of the cancellation or the item shall be deemed sufficient to comply with the cancellation period.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">A cancellation shall not exist if the merchandise has been manufactured according to the customer&#8217;s specifications or is not suitable for return due to its nature, is perishable, or has passed its expiration date.<\/span><\/p>\n<p><span style=\"color: #6b726c;\"><strong>The cancellation shall be addressed to:<\/strong><strong>\u00a0<\/strong>\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">PETER BREHM GmbH<\/span><br \/>\n<span style=\"color: #6b726c;\">Am M\u00fchlberg 30<\/span><br \/>\n<span style=\"color: #6b726c;\">D-91085 Weisendorf<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Tel. +49 9135 7103-0, Facsimile: +49 9135 7103-16<\/span><\/p>\n<p><span style=\"color: #6b726c;\"><strong>Consequences of cancellation<\/strong><strong>:<\/strong>\u00a0In case of a valid cancellation, goods and services received by either party and, in applicable cases, derived benefits (e.g. interest) shall be returned. In the event that you cannot return the merchandise received in whole or in part or only in worse condition, you shall be required to compensate us accordingly for the loss of value. This shall not apply if the deterioration of the merchandise is exclusively due to its inspection, as it would be possible in a retail store. Apart from this, you can avoid the obligation to compensate for lost value due to proper use of the item by not putting the item to use as if it were your property and by refraining from anything that could reduce its value. Items suitable for parcel shipping with a merchandise value of over \u20ac40.00 shall be returned at our expense and risk. Items not suitable for parcel shipping will be collected at your premises. Obligations to refund payments shall be fulfilled within 30 days. This period shall commence for you upon sending your cancellation notice or the item and for us upon receipt thereof.<\/span><\/p>\n<h3>3. Protection of Trade Secrets<\/h3>\n<p><span style=\"color: #6b726c;\">We reserve ownership rights and copyrights to all documents such as illustrations, calculations, drawings, and other documents that are supplied to the Customer in connection with the placement of the order. This shall also apply to documents that are designated as &#8220;confidential.&#8221; These documents may not be made available to third parties unless we give the Customer our express written consent to do so. Insofar as we do not accept the Customer&#8217;s offer within the period of No. 2, these documents shall be returned to us without delay. The covenants regarding confidentiality that have been concluded separately with the Customer shall apply.<\/span><\/p>\n<h3>4. Prices and Terms of Payment<\/h3>\n<p><span style=\"color: #6b726c;\">PETER BREHM GmbH sells the Contract Products to the Customer at the respective list prices applicable at the time of the conclusion of the Purchase Agreement. Insofar as nothing to the contrary follows from the order confirmation, all prices shall apply &#8220;ex works.&#8221;\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Insofar as the Customer is an entrepreneur, statutory value-added tax is not included in our prices but shall be shown separately in the invoice in the statutory amount.\u00a0 Shipping costs are also not included in our prices; they are invoiced separately. The deduction of a discount shall require a special written agreement.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">For consumers, all prices shall apply exclusive of value-added tax and shipping costs.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">In the case of consumers, we reserve the right in the case of agreements with an agreed delivery time of more than 4 months (longer term contracts) to adjust prices according to changes in costs, especially increases in wages, material costs, or market acquisition prices. We will demonstrate these increases to the Customer on request. The Customer shall be entitled to withdraw from the Agreement if the price increase amounts to more than 5% of the agreed price. Insofar as the Customer is an entrepreneur, a legal entity under public law, or a special fund under public law, price changes according to the present arrangement shall be permitted if the time period between the conclusion of the Agreement and the agreed delivery date exceeds six weeks.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Insofar as nothing to the contrary follows from the order confirmation, the sale price, in the case of entrepreneurs the net sale price (without discount) shall be payable within 30 days of the date of the invoice. The statutory regulations regarding the consequences of default shall apply.\u00a0 For every dunning notice except the initial notice, we shall charge a flat-rate dunning fee of \u20ac5.00.\u00a0 \u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Payment by bill of exchange is permitted only in the case of explicit agreement and is deemed paid only under this circumstance. Discount and collection charges shall be borne by the Purchaser.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">In the case of payment by check, payment does not occur with the receipt of the check by PETER BREHM GmbH but only when the check is credited to our account.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">PETER BREHM GmbH&#8217;s contract partner can only offset such counterclaims as have been have been recognized by us or established with legal force. The Purchaser may not exercise a right to withhold payment that is not based on the same legal relationship.<\/span><\/p>\n<h3>5. Delivery Dates &#8211; Passage of Risk<\/h3>\n<p><span style=\"color: #6b726c;\">Insofar as nothing to the contrary follows from the order confirmation, the delivery is agreed to be &#8220;ex works.&#8221;\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">The period of delivery specified by us shall only commence after all technical questions have been resolved. The Vendor shall be authorized to make partial deliveries.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Adherence to delivery dates shall also be subject to timely and proper fulfillment of the Customer&#8217;s obligations. The right to raise objection to nonperformance of the Agreement is reserved.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">If the Customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand reimbursement of any losses incurred by us to this extent, including any additional expenses. In particular, we shall be entitled to store the merchandise at the Customer&#8217;s cost and risk. The date of storage is then deemed to be the delivery date in such cases and the warehouse receipt replaces the shipping documents.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">In the event that the conditions mentioned in paragraph 4 arise, the risk of accidental loss or deterioration of the purchased item shall pass to the Customer at the moment that he is in default of acceptance or payment.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">We shall be liable in accordance with statutory provisions governing delay in delivery insofar as the Customer is authorized to assert that his interest in continued performance of the Agreement has ceased.\u00a0 This shall also apply in the case that the delay in delivery has arisen from an intentional or grossly negligent breach of contract for which we are responsible; any fault of our representatives or vicarious agents shall be attributable to us.\u00a0 Our liability shall otherwise be limited to foreseeable, typically occurring damage.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">We shall be liable within the statutory provisions, insofar as the delay in delivery for which we are responsible has arisen from a culpable breach of major contractual obligations. In this case, the damage shall be limited to the foreseeable, typically occurring damage.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">We make sure to take the necessary precautions for procuring the merchandise to be supplied. We shall be authorized to withdraw from the Agreement should delivery be rendered impossible or not insubstantially more difficult due to force majeure, in particular intervention of public authorities, factory shutdowns, strike, or other circumstances for which we are not responsible. The Customer shall then be informed in writing of the occurrence of such events without delay. In the event of withdrawal, we shall undertake to repay without delay any considerations already rendered.<\/span><\/p>\n<h3>6. Packaging<\/h3>\n<p><span style=\"color: #6b726c;\">The merchandise is packaged according to commercial standards. Loan packaging shall be emptied by the contracting party without delay and returned in perfect condition. It may not be filled with other merchandise or put to other use. Return shipments from the consumer are free of charge to the consumer.<\/span><\/p>\n<h3>7. Retention of Title<\/h3>\n<p><span style=\"color: #6b726c;\">We reserve title to the purchased item until receipt of all payments from the Supply Agreement. Insofar as the Customer is an entrepreneur, we reserve title to the purchased item until receipt of all payments from the business relationship.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Should the Customer act in breach of the Agreement, in particular in case of default, we shall be authorized to repossess the purchased item. Our repossession of the purchased item constitutes withdrawal from the Agreement. After repossession of the purchased item we shall be entitled to use it and offset the proceeds of the use against the Customer&#8217;s liabilities, after deducting appropriate usage costs.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">The Customer shall undertake to treat the purchased item with care. In particular, he shall undertake to insure the conditional merchandise at his expense against fire, water, and theft at its original replacement value and to assign the insurance claims to us.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">In the event of seizures or other actions by third parties, the Customer must notify us in writing without delay so that we can bring suit in accordance with \u00a7771 of the German Code of Civil Procedure. Insofar as the third party is not able to reimburse us for the court and out-of-court costs of a suit in accordance with \u00a7771 of the German Code of Civil Procedure, the Customer shall be liable for the loss we incur.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">The Customer is authorized to resell the merchandise in the ordinary course of business; however, he assigns to us all claims in the amount of the final invoice amount (including value-added tax) of our claims accruing to him from the resale to his customers or third parties, regardless of whether the purchased item has been resold with or without processing. The Customer&#8217;s claim transferred to us in advance shall also apply to the confirmed balance of account as well as to the causal balance existing in case of bankruptcy of the buyer.<\/span><\/p>\n<p><span style=\"color: #6b726c;\">\u00a0The Customer shall still be authorized to collect this debt after the assignment. Our authorization to collect the claim ourselves remains unaffected by this. However, we agree not to recover the claim ourselves as long as the Customer complies with his payment<\/span><\/p>\n<p><span style=\"color: #6b726c;\">obligations arising out of the proceeds collected, is not in default, and in particular has not filed a petition for the opening of composition or bankruptcy proceedings or has suspended payments.\u00a0 However, if this is the case, we can demand that the Customer disclose to us the assigned claims and the identity of the debtors, submit the appropriate documents, and notify the debtors (third parties) of the assignment.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">The processing and reworking of the purchased item by the Customer shall always be on our behalf.\u00a0 If the purchased item is processed with other objects not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the purchased item (final invoice amount including value-added tax) relative to the value of the other processed objects at the time of the processing. For the item produced through processing, the same shall apply as for the item supplied under retention of title.<\/span><\/p>\n<p><span style=\"color: #6b726c;\">If the purchased item is inseparably mixed with items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the purchased item (final invoice amount including value-added tax) relative to the value of the other mixed objects at the time of the mixing. Should the items be mixed together in such a way that the Customer&#8217;s item is considered to be the main item, it shall be deemed agreed that the Customer transfers to us proportional co-ownership. The Customer shall retain the sole ownership thus arising on our behalf.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">We undertake to release the securities to which we are entitled at the Customer&#8217;s request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%; the choice of the securities to be released is at our discretion.<\/span><\/p>\n<h3>8. Liability for Defects<\/h3>\n<p><span style=\"color: #6b726c;\">The Customer&#8217;s rights with regard to defects, insofar as he is an entrepreneur, are subject to his having duly complied with his inspection and complaint obligations pursuant to \u00a7377 of the German Commercial Code.<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Obvious defects in the merchandise and obvious deviations in quantity shall be communicated to us in writing within one week of receipt of the merchandise.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Consumers must notify us of obvious defects in writing within a period of two months from the<\/span><\/p>\n<p><span style=\"color: #6b726c;\">time when the nonconformity of the merchandise to contract was ascertained.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">The timely dispatch of the notification shall be deemed sufficient to comply with the time period. Should the merchandise supplied have any defects already present at the time when risk was transferred, we shall, at our discretion, either repair the merchandise or supply a replacement, provided that the notice of defects was given in due time. If the item in question is a consumable item, the entrepreneur is only entitled to the right of reduction of the purchase price. This shall not apply if the defect was maliciously concealed or for which a guarantee of quality had been assumed.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Insofar as the Customer is a consumer, he shall first have the choice as to whether the subsequent performance shall be by means of repair or replacement. However, we are entitled to refuse the choice of subsequent performance if such performance can only be rendered at unreasonable<\/span><\/p>\n<p><span style=\"color: #6b726c;\">cost and if the other type of subsequent performance does not cause any significant disadvantage to the consumer.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">In the event of a correction of a defect, we shall be obligated bear all the costs involved, in particular the costs of transportation, travel, labor, and material.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">If the subsequent performance fails, the Customer shall be entitled to demand withdrawal from the contract or reduction in price, at his discretion.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">We shall be liable within the statutory provisions insofar as the Customer asserts damage compensation claims on grounds of intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of willful breach of contract, our liability for claims for damages shall be limited to the foreseeable, typically occurring damage.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">We shall be liable within the statutory provisions, insofar as we have culpably violated a major contractual obligation; in this case, the liability for damages shall be limited to the foreseeable, typically occurring damage.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Insofar as the Customer is entitled to replacement of the loss instead of the performance, our liability shall be limited to the foreseeable, typically occurring damage.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Repairs and modifications by third parties shall void the warranty rights as this can impair the suitability of the merchandise for its intended use. Repairs to the merchandise may only be undertaken by us as the characteristics of the merchandise affect its safety. We shall accept no responsibility for the safety, reliability, and function of the merchandise if it has not been used in accordance with the respective operating instructions.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Liability in the event of culpable loss of life, bodily injury, or health impairment as well as liability under the German Product Liability Act shall remain unaffected.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">The limitation period for claims arising from defects shall be 12 months (2 years for consumers), calculated from the time of transfer of risk.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">For used items, the limitation period for consumers shall be one year from the delivery of the item; liability vis-\u00e0-vis entrepreneurs is excluded.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">The limitation period in the case of recourse for a delivery according to \u00a7478 and \u00a7479 of the German Civil Code remains unaffected; it is 5 years, calculated from from the delivery of the defective item.<\/span><\/p>\n<h3>9. Disposable Products<\/h3>\n<p><span style=\"color: #6b726c;\">Certain products are designated by us as disposable products. With these products, resterilization and reprocessing change the product specifications, which can impair their suitability for use. Therefore, we regard these products as unsuitable for reuse. Therefore, in light of the risks involved we explicitly warn against reuse of disposable products.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Should the Customer reuse disposable products despite the aforementioned warning, he shall do so at his own risk.\u00a0 In this respect, we explicitly state that we shall not be liable on any legal grounds for damages resulting from the reuse of disposable products, and that the Customer shall have no claims arising from defects because of the unsuitability of disposable products for reprocessing.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">In this respect, the Customer shall indemnify us against any and all claims from third parties arising from or in connection with the resterilization, reprocessing, and\/or reuse of disposable products, including the legal defense costs arising in this connection.<\/span><\/p>\n<h3>10. Miscellaneous<\/h3>\n<p><span style=\"color: #6b726c;\">Insofar as the Customer is a merchant, the place of jurisdiction is our business domicile; however, we shall be authorized to sue the Customer at his domicile as well.\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">The law of the Federal Republic of Germany shall apply; UN purchase law shall be excluded.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Insofar as the Customer is a merchant, a legal entity under public law, or a partnership having legal capacity, the place of jurisdiction is our business domicile; however, we shall be authorized to sue the Customer at his domicile as well. Insofar as nothing to the contrary follows from the order confirmation, the place of performance is our business domicile.\u00a0\u00a0<\/span><\/p>\n<p><span style=\"color: #6b726c;\">Should individual provisions of this Agreement be or become invalid or if the Agreement should contain an omission, the validity of the remaining provisions shall not be affected.<\/span><\/p>\n<\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":4,"featured_media":2404,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"100-width.php","meta":{"_acf_changed":false,"footnotes":"","_links_to":"","_links_to_target":""},"seitenlink":[],"class_list":["post-2156","page","type-page","status-publish","has-post-thumbnail","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.peter-brehm.de\/en\/wp-json\/wp\/v2\/pages\/2156","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.peter-brehm.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.peter-brehm.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.peter-brehm.de\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.peter-brehm.de\/en\/wp-json\/wp\/v2\/comments?post=2156"}],"version-history":[{"count":12,"href":"https:\/\/www.peter-brehm.de\/en\/wp-json\/wp\/v2\/pages\/2156\/revisions"}],"predecessor-version":[{"id":4362,"href":"https:\/\/www.peter-brehm.de\/en\/wp-json\/wp\/v2\/pages\/2156\/revisions\/4362"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.peter-brehm.de\/en\/wp-json\/wp\/v2\/media\/2404"}],"wp:attachment":[{"href":"https:\/\/www.peter-brehm.de\/en\/wp-json\/wp\/v2\/media?parent=2156"}],"wp:term":[{"taxonomy":"seitenlink","embeddable":true,"href":"https:\/\/www.peter-brehm.de\/en\/wp-json\/wp\/v2\/seitenlink?post=2156"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}