Terms and conditions company

Terms and conditions company Petra Pannen

I. Validity of the conditions

(1) Performances and deliveries of the company Petra Pannen are carried out on the basis of these Business Terms and Conditions.

(2) Any of the customer's counter-confirmations which refer to his own business and/or delivery terms and conditions are herewith expressly contradicted. This also applies in the event that these terms and conditions are conveyed via the letter of confirmation.

(3) Individual agreements remain unaffected by the aforementioned regulations. 

II. Delivery dates, partial deliveries

(1) In the event that the non-compliance with, or the delay of, an agreed delivery date is attributable to force majeure, labour disputes, fire, unforeseen hindrances or other circumstances for which the company Petra Pannen is not responsible, the delivery period shall be extended for the duration of these events. This applies correspondingly in the event that the company Petra Pannen is in delivery delay at the time one of these events occurs.

(2) As far as the supplier is responsible for the delay, non-compliance with a delivery date for any other reasons than those stated in Clause 1 shall only trigger a right of withdrawal for the customer. Should the customer wish to withdraw, the customer shall grant the company Petra Pannen a reasonable period of grace of at least 4 weeks under threat to otherwise refuse acceptance of performance.

(3) Within commercial business transactions, the company Petra Pannen is entitled to supply partial deliveries as long as the customer's interests are not unreasonably hampered hereby.

(4) We are unable to state a standard delivery time for foreign transactions. Depending on the destination country, the delivery time is between 3 days and 3 weeks. In case of delays in delivery, we will inform you.

 (5) If the buyer is default of acceptance, the company Petra Pannen is entitled to assert the incurred damage including any possible additional expenditure.

III. Delivery, transport, risk assumption

(1) As far as the goods are dispatched to the customer, the risk is transferred to the customer on handover of the goods to the haulage company. This also applies even if partial deliveries were made or the company Petra Pannen has taken over additional performances, e.g. transport costs or delivery.

(2) The company Petra Pannen is released from its obligation to perform on handover of the goods to the haulage company. Subject to a contrary agreement, the goods are transported at the risk and for account of the customer.

(3) If the customer is in default of acceptance, the company Petra Pannen is entitled to demand the damage it incurs whereby the customer's rights to prove a lesser damage remain reserved.

(4) The company Petra Pannen will only take out transport insurance at the customer's separate written instruction and for the customer's account.

IV. Conclusion of the contract

(1) All offers made by the company Petra Pannen are subject to confirmation. A contract only results through the order confirmation or a delivery by the company Petra Pannen. As far as nothing else has been agreed to, the customer is bound to orders for 30 days. Delivery is exclusively made to traders.

(2) The company Petra Pannen only becomes a contracting partner if it is not specifically mentioned within the order process via the Internet that no offer is being placed with a third party company here.

(3) If delivery and forwarding costs are incurred, these will be specified as a separate item in the actual offer. This particularly also applies to deliveries abroad whereby any possibly incurred customs duties are for account of the buyer and are charged for separately.

(4) Valid prices are those prices which were applicable at the time the order was placed. Order processing takes place in writing by fax, letter or E-mail. Deliveries are only made to traders.

V. Warranty, duty to inspect

(1) In terms of the following provisions, the company Petra Pannen assumes the liability for a period of 12 months that its deliveries and performances are free of errors according to warranty law.

(2) Obvious defects must be notified in writing no later than 8 days after the date of receipt of the delivery. A requirement of commercial business transactions is that the commercial customer duly meets his obligations with regard to inspection and the notification of defects in terms of Sections 337, 378 HGB [Handelsgesetzbuch = German Commercial Code].

(3) The warranty excludes those defects and such damage resulting from the fact that the customer has not observed the instructions for installation, hardware or software environment or use or conditions of use unless the customer can prove that these circumstances were not the cause of the notified defect.

(4) As far as there is a defect in the delivery or performance, the company Petra Pannen has to right to choose whether it wishes to repair the defect or make a substitute delivery. Regular data back-ups are recommended in order to prevent a loss of data during a repair or errors in the goods as any liability for such consequential damages is excluded. This liability exclusion does not apply to wilful intent and gross negligence on the part of the company Petra Pannen. If the company Petra Pannen is not willing or not able to remedy the defect / provide a substitute delivery or if the remedy of the defect / substitute delivery fails on at least on two occasions or if the customer cannot reasonably be expected to accept the substitute deliveries or a remedy of the defect, the customer shall be entitled, at his discretion, to revoke the contract (transformation) or demand a corresponding reduction of the fees (abatement).

(5) In order to guarantee the quickest possible processing, the return of the goods must be accompanied by a copy of the invoice / delivery note and a detailed description of the defect.

(6) In this regard, the customer shall duly return the goods that are the subject of the complaint to the company Petra Pannen -if possible in the original packaging. No liability can be assumed for damage caused by the customer's improper packaging.

(7) The processing of asserted but unjustified warranty or guarantee claims is carried out at extra cost based on expenditure incurred to us. In these cases, the company Petra Pannen reserves the right to pass on the fixed rate fees charged by its suppliers.

(8) Goods which the customer did not purchase from the company Petra Pannen are returned unprocessed and freight collect (or against reimbursement of shipping costs).

(9) The article is excluded from exchange once the security marking (Scan Code PAxxxxxxxST) is damaged or the casing has been opened and/or damaged.

VI. Reservation of title

(1) The company Petra Pannen retains ownership of the delivered goods until they have been paid for in full.

(2) The customer already now assigns his claims and remuneration entitlements (e.g. from unauthorized actions and insurance claims) to the company Petra Pannen for the goods subject to reservation of title in amount of the invoice value.

(3) In the course of commercial business transactions, the goods subject to reservation of title owned by the company Petra Pannen shall be insured against fire, water, theft and burglary for the duration of the reservation of title. The rights of this insurance are assigned to the company Petra Pannen which accepts this assignment.

(4) In the course of commercial business transactions, the company Petra Pannen reserves the right of title to the delivery items until the receipt of all payments arising from the business relationship with the buyer. Hereby, provided the claims against the buyer are settled within the current account, the recognised balance is also recorded as part of the current account retention [Kontokorrentvorbehalt].

(5) If the purchase item is inseparably combined or mixed with other goods which are not the property of the company Petra Pannen, then the company Petra Pannen shall acquire co-ownership to the new item in relation to the value of the purchase item to the other combined or mixed items at the time the items were combined or mixed.

(6) As far as third parties lay claim to the goods subject to reservation, the customer shall draw attention to the company Petra Pannen's ownership and immediately notify the company in writing. 

VII. Payment, default in payment

(1) As far as the offer or the invoice does not state otherwise, the net purchase price is due within 14 days  without deduction of discount. Varying payment terms shall be agreed to in writing. Unless we have explicitly agreed to different means of payment for the relevant order in writing, deliveries outside Germany are carried out against advance payment or cash. If the buyer is in default with his payments, the company Petra Pannen is entitled to demand interest on arrears of 8% p.a. above the respective base interest rate, however, at least 10% p.a. of the amount owed.

(2) Payments must be made into one of the accounts stated in the invoice without any bank charges or other costs for the company Petra Pannen, whereby bills of exchange and cheques are only accepted on account of fulfilment of performance.

(3) The customer may only set off undisputed or legally determined demands against claims by the company Petra Pannen.

(4) With the exception of undisputed or legally determined counter-claims, a right of retention and a right to refuse performance on the part of the buyer are excluded in commercial trade.

VIII. Liability and liability restrictions

(1) The company Petra Pannen is liable for damage attributable to a violation of significant contractual cardinal (main) duties. Apart from that, liability only exists for wilful intent and gross negligence.

(2) If, and as far as, the company Petra Pannen's liability is excluded, this also applies to the personal liability of members of its staff, co-workers, representatives and vicarious agents.

IX. Place of performance, Place of jurisdiction

(1) The place of performance for all claims arising from the contractual relationship between the customer and the company Petra Pannen is the seat of the company Petra Pannen.

(2) As far as the customer is a full merchant within the meaning of the HGB, a legal person under public law or separate estates under public law, the exclusive place of jurisdiction for all direct and indirect disputes arising from this contract is Geldern, Germany (District of Kleve, Germany).

X. Software, Literature

The corresponding special legal licensing and other agreements of the manufacturer shall apply complementary and subsidiary to these business terms and conditions for the delivery of software and/or literature. Their validity is expressly recognised on acceptance of the aforementioned goods.

XI. Applicable law, data protection, effectiveness

(1) The law of the Federal Republic of Germany shall apply whereby the validity of the uniform international sales law (UNCITRAL Convention) is excluded.

(2) The company Petra Pannen is entitled to electronically store data made available to her by customers and to process such data for internal purposes. A deletion of data requires the written form. The company Petra Pannen is also entitled to pass on customer data which arises from the contractual documents to third parties in particular to credit institutions and contracting partners as far as this is necessary to process the order. The company Petra Pannen complies with the valid provisions of data protection.

(4) Should one or several provisions be ineffective, this does not affect the effectiveness of the other provisions.

(5) Changes and supplements to this agreement require the written form.