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Status: February 2018
Our client agrees exclusively to our terms and conditions when he places anorder. This also
applies equally for future business, even if not referred toexplicitly. If the issued order deviates from
our terms and conditions, ourterms and conditions shall still apply even if we do not object to such
anorder. Therefore, such deviations only apply if explicitly accepted by us inwriting.
Our offers are subject to change. We reserve the right to accept the offer ofcontract enclosed
with the order within two weeks of receipt. Acceptancemay either be in writing or implied through the
delivery of the merchandiseto the customer. With the order of merchandise, the client makes a
bindingdeclaration to purchase the ordered merchandise. From 2 February2015, special conditions for contract
conclusion shall apply for orders madevia our online dealer portal: The purchase contract is concluded once
theorder has been successfully submitted on our dealer portal and notice ofreceipt by Riese & Müller
has been given. The scheduled delivery date indicatedon the dealer portal is generated directly by our
inventory managementsystem based on the current inventories and does not represent anydefined delivery date.
This shall therefore not constitute part of our offer.We will send you the actual scheduled delivery date in
the order confirmationthat you will receive from us by mail within three working days afterplacing your
We reserve the right to make all reasonable technical changes and changesin form, colour and/or
weight at any time.
The contract shall be concluded subject to the proviso that our supplierseffect their deliveries
in a proper and timely fashion. This is only applicablein the case that we are not responsible for the
non-delivery, particularlyduring the conclusion of a congruent hedging transaction with a supplier.The
client will immediately be informed of the unavailability of the merchandise.All payments shall be refunded
Partial deliveries are permissible within the period of delivery.
Force majeure, operational stoppages, lock-outs, strikes, or any other unforeseeablecircumstances
beyond our control, with us or with oursuppliers, shall result in a reasonable extension of the delivery
At our discretion, we shall choose the safest and most cost-effective shippingsolution. Deliveries
shall be made ex works.
For sales shipments where the buyer is a contractor, then the risk of theaccidental loss or
deterioration of the merchandise shall be transferred tothe buyer once the merchandise has been handed over
to the forwardingagent, freight carrier, their vicarious agents or other persons or institutionsdesignated
to carry out the shipment. If the Buyer defaults on acceptance,this shall be deemed equivalent to hand-over.
The offered purchase price is binding. Offers shall be valid for 4 weeks.Then the price is based
on our price list, which is effective at the day of delivery,plus value added tax.
In the case of SEPA direct debit, we will grant a 2 % discount on the net merchandise value within
14 days otherwise 30 days without deduction. For SEPA direct debit, the amount invoiced isdue at the time of
shipment of the merchandise. The period for advanceinformation related to SEPA direct debit shall be
shortened to one day. For payments made after due date, we shall be entitled to charge default
interestsamounting to 8 % above the discount rate of German Federal Bank. If the buyer is in arrears, we
will be entitled to make further deliveries only under concurrent conditions. Should a SEPA direct debit
payment be redebited,for example, due to insufficient funds in the account or any otherdiscrepancy, we will
demand the outstanding debt without the discountplus any newly-incurred additional banking fees. Against
businesses, we shall reserve the right to prove and to enforce higher damages due to arrears. The client
only has the right to offset a claim if his counter claims have been established as being legally valid or
have been accepted by us. The client may only practice his right to retention when his counter claim
originated from the same contractual relationship. If well-founded doubts arise with regard to client‘s
ability to pay or if an application is made to open insolvency proceedings with regards to his assets, then
at our discretion we will be entitled to set a date for our debts payable, or to demand prepaymentor bail.
We are entitled to surrender the claims from our businessrelations. If the client is in arrears with us with
regard to any payment obligations, all existing debts immediately become due. Debt-dischargingpayments,
which are not ceded by Riese & Müller GmbH, are exclusivelypayable directly to the bank accounts
Riese & Müller GmbH.
For corporate contracts, we shall reserve all ownership rights in the merchandiseuntil payment on
all demands for the current business transactionhas been made in full. The client is obligated to handle the
merchandisewith care. The client is obligated to inform us immediately if a thirdparty has access to the
item, such as in the case of garnishment, or if theitem has possibly been damaged or destroyed. The client
shall notify usimmediately of any change in possession of the goods, as well as anychange in address. In
case of any act by the client in breach of the contract,in particular in case of any delay in payment or a
breach of the disclosureduties, we may withdraw from the contract and demand that the goods bereturned. The
client is entitled to sell the goods to a third party in the normalcourse of business. The client hereby
assigns all claims receivable inthe amount of the invoice amount which the Buyer accrued as a result ofthe
sale to a third-party. We accept this assignment. Following assignment,the client is authorised to collect
the claim. We reserve the right to collectthe receivable claim ourselves where the client has not met his
paymentobligations in a proper manner and/or has fallen into payment arrears.Handling and processing of our
merchandise by the client is always executedin our name and as per our order. If processing is done with
articlesnot belonging to us, we shall acquire, in the new object, the co-ownershipat the ratio of the
invoice value of the merchandise delivered by us to theinvoice value of the other processed objects. These
same applies if the merchandiseis mixed with other objects that do not belong to us. At our request,the
client must insure the reserved merchandise against loss or damageat his own expense; the client hereby
assigns to us in advance anyclaim under those insurance policies.
If the buyer is a client, we shall first furnish a warranty against defects atour discretion by
either rectification of the defects or a replacement delivery.If this fails the client may demand that
payment be discounted(reduction) or cancel the contract agreement (rescission), at his discretion.In the
event of a minor infringement of the contract agreement, particularlyfor marginal defects, the client is not
entitled to cancel the contractagreement. Contractors are bound to inform us about obvious defects inwriting
within 2 weeks from receipt of the goods, otherwise the warrantyis void. The punctual dispatch of the
notification of defects is sufficient forcompliance with the warranty conditions. The client shall bear the
fullburden of proof for all claim requirements, in particular for the defect, thedate of detection of the
defect, and due notification of the defect. Where,after the failed repair or correction the client chooses
to cancel the contractowing to a legal or material defect, he shall not have any additionalclaim for damages
due to that defect. If the client chooses rescission aftersubsequent fulfilment has failed, the merchandise
remains with the clientunless this is unreasonable. Damages will amount to, at most, the differencebetween
the purchasing price and the value of the faulty merchandise.This provision shall not apply if the breach of
contract is due to fraudulentintent on our part. The period of warranty is generally two yearsfrom date of
delivery of the merchandise. If the buyer is a client, only themanufacturer‘s product description shall
determine the quality of themerchandise. Public statements, prices, or advertisements by the manufacturerdo
not constitute contractually guaranteed characteristics of themerchandise. If the client receives deficient
assembly instructions, weshall be merely obligated to supply defect-free assembly instructions andonly if
the defect in the assembly instructions stands in the way of properassembly.
In the case of slightly negligent violations of any obligations of the contractour liability is
limited to average damages that are foreseeable, typical, anddirectly related to the quality of the
merchandise purchased. This also appliesto slightly negligent violations of obligation by our legal
representatives,and other agents. We are not liable to the client in the case of slightlynegligent
violations of non essential contractual obligations. The aforementionedliability restrictions do not apply
to claims of the client arisingfrom product liability. Furthermore the liability limitations do not apply
tophysical injury, damage to health or loss of life attributable to us. Damageclaims on grounds of defective
goods come under the statute of limitationone year from the time of delivery of the merchandise. This does
not applyif we can be accused of malicious intent.
The contractual relationship is governed exclusively by German law and,in particular, the German
Civil Code and the German Commercial Code.The terms of the UN Sales Convention do not apply. If the client
is a merchant,legal entity under public law, or a special fund under public law, thesole legal venue for all
disputes arising directly or indirectly from the contractualrelationship shall be, upon our choice, our
place of business. Thisshall also apply if the customer has no general court of jurisdiction in Germany,or
if a permanent/habitual place of residence is unknown at thetime the claim is raised.
Should individual provisions of this contract with the client be or becomepartly or wholly legally
invalid, including these general terms andconditions,this shall not affect the validity of the remaining
provisions ofthis contract. The entire or partially invalid provision shall then be replacedby a provision
whose economic purpose comes as close as possible tothat of the invalid provision.