General Terms and Conditions of Adler Schwarzwald GmbH & Co. KG

Orders placed with us shall only be executed subject to the exclusive application of our General Terms and Conditions. We do not recognize any terms and conditions of the purchaser that are contrary to or deviate from our terms and conditions.

Our prices are subject to change and do not include value added tax at the statutory rate on the day of invoicing for a minimum purchase quantity per delivery as stated. A price indication by us is made without any liability for errors.

Our deliveries are made free destination at the risk of the buyer. Partial deliveries are permissible, provided they are reasonable for the buyer. Any defects arising during transport must be sufficiently documented in writing and confirmed by signature of the respective deliverer. Delivery dates or deadlines that have not been expressly agreed as binding are exclusively non-binding information.

Our invoices are payable net (without deduction) immediately upon receipt of the invoice by the purchaser. The consequences of a delay in payment shall be governed by the statutory provisions. We may at any time offset our claims arising from deliveries and services against claims of the Buyer arising from his deliveries and services to us. The Buyer shall only be entitled to set-off if his counterclaims have been legally established, are undisputed or have been acknowledged by us.

New customers will only be supplied after a credit check or against cash on delivery.

Information on data protection according to EU-DSGVO
Our company regularly checks your creditworthiness when concluding contracts and, in certain cases where there is a legitimate interest, also for existing customers. For this purpose, we cooperate with Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, from which we receive the data required for this purpose. For this purpose, we transmit your name and contact details to Creditreform Boniversum GmbH. The information pursuant to Art. 14 of the EU General Data Protection Regulation on the data processing taking place at Creditreform Boniversum GmbH can be found here:

Claims for defects (quantity and quality complaints) must be notified by the purchaser in writing without delay. The purchaser is obliged to secure evidence of the defects and to give us the opportunity to inspect them.

We shall not be obliged to accept liability for defects if the purchaser has not immediately notified us in writing of an obvious defect. If there is a defect for which we are responsible, we shall be entitled, at our discretion, to subsequent performance by remedying the defect or by delivering a new item free of defects. The Buyer shall grant us a reasonable period of time for subsequent performance for each individual defect. The purchaser shall only be entitled to reduce the purchase price or to withdraw from the contract if our subsequent performance fails.

We shall be liable in accordance with the statutory provisions if the Buyer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives and vicarious agents. Insofar as we are not accused of intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage. We shall be liable in accordance with the statutory provisions if we culpably breach a material contractual obligation; in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage. Liability for culpable injury to life, limb or health shall remain unaffected. This also applies to the mandatory liability under the Product Liability Act.

In all other respects – insofar as nothing to the contrary is stipulated above – any further liability – regardless of the legal nature of the claim asserted – is excluded.

Our goods shall remain our property until receipt of all payments arising from the business relationship with the buyer. The resale of our goods is only permitted to the buyer in the ordinary course of business. The Buyer hereby assigns to us all claims and rights in the amount of our claim accruing to him from the resale against his customers or third parties.

The purchaser shall remain authorized to collect these claims until revoked by us, which shall be permissible at any time. The amounts received by the purchaser shall be deemed to have been collected on our behalf. If the purchaser fails to meet his payment obligation despite a reminder, we shall be entitled to demand the return of the goods subject to retention of title which are still his property without setting a deadline in advance. The taking back by us does not constitute a withdrawal from the contract. After receipt of the goods subject to retention of title, we shall be entitled to sell them.

If our goods are processed or mixed by the customer, we shall acquire co-ownership of the new item in the ratio of the value of our goods (final invoice amount including VAT) to the other processed or mixed goods at the time of processing or mixing. The same shall apply to the goods resulting from the processing or mixing as to our goods delivered under retention of title.

Our goods are to be handled by the buyer in a professional manner. Our instructions in this respect are to be observed by the buyer. If we accept unsolicited returns or returns not agreed with us, this shall not affect our rights. Credit notes or similar shall be issued exclusively as a gesture of goodwill.

If the buyer is a merchant, our place of business is the place of jurisdiction. However, we are also entitled to sue the buyer at his general place of jurisdiction. The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. Our place of business is the place of performance.