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 stated exclusive of 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 purchaser. Partial deliveries are permissible, provided they are reasonable for the purchaser. 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.

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 purchaser arising from its deliveries and services to us. The purchaser shall only be entitled to set-off if its 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-GDPR
Always when concluding contracts and, in certain cases where a legitimate interest exists, in relation to existing customers as well, our company checks your creditworthiness. 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 in respect of defects (quantity and quality complaints) must be reported 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 perform subsequently by remedying the defect or by delivering a new item free of defects. The purchaser shall grant us a reasonable period of time for subsequent performance for each individual defect. The purchaser shall be entitled to reduce the purchase price or to withdraw from the contract only if our subsequent performance fails.

We shall be liable in accordance with the statutory provisions if the purchaser 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 purchaser. The purchaser is allowed to resell our goods only in the ordinary course of business. The purchaser hereby assigns to us, in the amount of our claim, all claims and rights accruing to same against its customers or third parties from the resale.

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 dispose of same.

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 treated by the purchaser in a professional manner. Our instructions in this respect are to be observed by the purchaser. 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 purchaser is a merchant as defined by German law, our place of business is the place of jurisdiction. However, we are also entitled to sue the purchaser 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.