General Terms and Conditions
§ 1 Scope
1.1 These general terms and conditions apply exclusively to the business relationships between BOSCHE GmbH & Co. KG (hereinafter referred to as "BOSCHE") and customers and suppliers in current and future business relationships. BOSCHE does not recognize any conditions that conflict with or deviate from these general terms and conditions and hereby expressly objects to them. Any conflicting terms and conditions of the customer are only valid if BOSCHE expressly agrees to them in writing.
1.2 These general terms and conditions and all changes are permanently available online on the BOSCHE website at http://www.bosche.eu. The changes at this point are agreed as sufficient notice.
§ 2 Offers and orders
2.1 Our offers are always subject to change and cost estimates are non-binding. The presentation of the products on the Internet does not constitute a legally binding offer, but merely an invitation to the customer to place a corresponding order. Illustrations, records, dimensions, weight and performance information (e.g. utility values, tolerances, load capacity or technical data) are to be understood as approximate. They are non-binding unless they are expressly designated as binding. BOSCHE reserves the ownership and copyright of cost estimates, drawings and other documents. These items may not be made available to third parties. They are non-binding. The same applies to information and advice from BOSCHE to the customer, in particular about the use or suitability of the product for the intended use, which is given to the customer without BOSCHE expressly concluding a consulting contract.
2.2 An order is only deemed to be accepted when it has been confirmed by us in writing. By accepting our order confirmation without objection, the buyer accepts these conditions. The content of our order confirmation alone is decisive for the type and scope of delivery. Later changes, side agreements and verbal statements by employees or representatives are only valid with our written confirmation. Furthermore, orders are considered accepted when we have carried out the order. Acceptance of the purchase contract assumes the creditworthiness of our customers. If the customer's financial situation subsequently deteriorates significantly or if we subsequently learn of a significant deterioration in the customer's financial situation that occurred before the purchase agreement was accepted, we are entitled to withdraw from the purchase agreement or demand payment in advance.
§ 3 Prices
3.1 Our prices are in euros and apply ex works Damme, excluding packaging, transport, insurance, assembly, stamp duty, customs, calibration costs and the like, plus the applicable statutory VAT. Packaging costs and VAT will be invoiced separately, unless the delivery is not subject to VAT under German tax law. For deliveries abroad, the customer also assumes the additional customs duties and taxes themselves. Unless there are special shipping instructions, we choose the type and method of shipping ourselves.
3.2 Insurance will only be taken out at the express request of the buyer. Transport packaging in accordance with § 3 Paragraph 1 No. 1 of the Packaging Ordinance will be disposed of properly by the buyer at his own expense and will not be returned to BOSCHE.
3.3 We reserve the right to change prices, in particular if the cost price changes up to the day of delivery, especially for wage and cost reasons or due to changes in public fees, duties and taxes.
§ 4 Delivery
4.1 Delivery is ex works Damme. The delivery period begins on the day of our order confirmation, but not before all details of the order execution have been clarified. Unless otherwise stated in the offer, we will dispatch the goods within 2 working days of receiving the order confirmation. In the case of delivery on advance payment, we will dispatch the goods within 2 working days of receipt of payment, unless otherwise stated in the offer.
4.2 Claims due to late delivery are excluded unless we are guilty of intent or gross negligence, which the buyer must prove. Any kind of operational disruption at our company or that of our suppliers and events of force majeure entitle us to extend the delivery time appropriately and, if the specific circumstances require it, to cancel the delivery obligation in whole or in part. Circumstances that make delivery unreasonably difficult or impossible for us through no fault of our own are equivalent to force majeure. The customer is not entitled to make claims for damages due to non-fulfillment or breach of secondary obligations, nor to assert any other rights in connection with delivery delays.
§ 5 Payment
5.1 Payment is made in accordance with the payment terms agreed in the order confirmation.
5.2 If invoices are outstanding for both delivery and assembly or customer services at the same time, incoming payments will always be used first to settle the assembly and customer services. Any instructions to the contrary from the buyer when making payment are ineffective.
5.3 Invoices issued by BOSCHE can only be offset against counterclaims that are recognized by BOSCHE or have already been established by a court.
5.4 If bills of exchange are accepted after prior agreement, they will only be accepted on account of performance. Discount and exchange charges plus VAT in accordance with private bank rates are borne by the customer.
5.5 The buyer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
5.6 The services, quantities and numbers of units determined by us are decisive for the price calculation, unless the customer objects immediately.
§ 6 Default
6.1 The customer is in default at the latest upon expiry of the above payment period. If default occurs, BOSCHE is entitled to charge default interest at the applicable statutory default interest rate (§ 288 II BGB). The right to claim higher damages for default remains reserved.
6.2 If the buyer is more than 8 days behind on an agreed installment, the total amount due, including additional claims, becomes immediately due.
6.3 Furthermore, BOSCHE is entitled to charge a processing fee of €10 (including VAT) for each justified reminder, unless less damage is proven.
§ 7 Application-technical advice
7.1 A written consulting contract is required for binding application-technical advice. All information provided by BOSCHE outside of a consulting contract, such as the use or suitability of a product, is non-binding.
7.2 Application-technical advice is provided by BOSCHE to the best of its knowledge based on the information provided by the user.
The customer undertakes to inform BOSCHE immediately about any special features of the intended place of use, insofar as they may affect the proper functioning of the delivery item. Furthermore, the customer undertakes to inform BOSCHE of the legal, official and operational safety and other regulations applicable at the intended location of the delivery item that are relevant for the assembly, operation and, if applicable, calibration of the product.
All details and information about the suitability and application of our goods do not release the customer from checking whether the products are suitable for the intended purposes.
7.3 If the customer violates these cooperation obligations according to 7.2 by not providing information, providing incomplete information or providing incorrect information despite being asked to do so within a reasonable period of time, he loses all claims against BOSCHE.
§ 8 Assembly
8.1 Assembly and operational installation outside the factory will only be carried out by BOSCHE or one of its representatives if this has been agreed in writing and will be charged separately.
8.2 Assembly does not include the construction of foundations, support beams and the like. The foundations must be properly constructed, dry and connected. The customer is responsible for ensuring that electrical connections are available directly up to the assembly site. The fitter must have unhindered access to the assembly site. Delays are at the customer's expense. They will also be charged separately if a flat rate has been agreed for assembly. The purchaser must provide assistants free of charge if required.
§ 9 Right of withdrawal
9.1 The purchaser can revoke his contractual declaration within two weeks without stating reasons in text form (e.g. letter, fax, email to info@bosche.eu) or by returning the goods, unless he has acted in the exercise of his commercial or independent professional activity (orders by entrepreneurs). The period begins at the earliest with receipt of the goods and these instructions. In addition, the cancellation period does not begin before our information obligations under § 312d Paragraph 2 BGB in conjunction with Art. 246 §§§ 2.1 Paragraph 1 and Paragraph 2 EGBGB. To meet the deadline, it is sufficient to send the cancellation or the goods in good time. The cancellation must be addressed to: BOSCHE GmbH & Co. KG | Reselager Rieden 3 | D-49401 Damme
You can also send us your cancellation using this Cancellation form.
9.2 In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If the buyer is unable to return the service received in whole or in part or only in a deteriorated condition, he must pay us compensation for the loss in value if necessary. This does not apply if the deterioration of the goods is solely due to their inspection, as would have been possible in a store. In other cases, the buyer can avoid the obligation to pay compensation by not using the item as if it were his own property and refraining from doing anything that could impair its value. Items that can be sent as a parcel are to be returned at our risk, in the original packaging if possible. Items that cannot be sent as a parcel will be collected from the buyer. The buyer must bear the costs of the return shipment; freight collect shipments will not be accepted.
9.3 The right of withdrawal does not apply to:
- Goods that are made to customer specifications or are clearly tailored to personal needs or that, due to their nature, are not suitable for return or can spoil quickly or whose expiration date has been exceeded.
- Please note that testing services that were provided or ordered additionally or as a requirement,
such as calibrations, calibrations, etc., cannot be refunded.
- Audio or video recordings or software, provided that the data carriers supplied have been unsealed by you.
Information on the Battery Ordinance:
In connection with the sale of batteries or rechargeable batteries or with the delivery of If you use devices that contain batteries or rechargeable batteries, we are obliged to inform you of the following in accordance with the Battery Ordinance: Batteries must not be disposed of in household waste. As an end user, you are legally obliged to return used batteries. After use, you can return batteries free of charge to the point of sale or in the immediate vicinity (e.g. at municipal collection points or in stores). You can also send batteries back to us by post. Batteries or rechargeable batteries that contain harmful substances are marked with the symbol of a crossed-out garbage can, like the symbol shown opposite. The chemical name of the harmful substance is located near the garbage can symbol. "Cd" stands for cadmium, "Cd" stands for ammonium hydroxide. Pb“ for lead and „Hg“ for mercury.
§ 10 Warranty and liability
10.1 We guarantee that the goods sold are free from material and manufacturing defects at the time of dispatch and have the contractually guaranteed properties.
10.2 If no specific properties of the delivery item have been agreed with the customer, the legal regulation will be used to determine whether a defect exists. We accept no liability for public statements made by the manufacturer or other third parties (e.g. advertising).
10.3 The warranty for new goods is 2 years for consumers, for used goods the warranty is limited to one year. An extension of the warranty period is generally possible for a fee. The warranty period begins with the collection of the item or notification that it is ready for collection. If the goods are shipped, the period begins with the handover to the carrier. For entrepreneurs, claims for defects expire 3 months after the goods delivered by us have been delivered to our customer. A warranty is excluded for used goods.
10.4 If material defects already exist at the time of transfer of risk, the customer is entitled to have the defect remedied (repair) or to have a defect-free item delivered (replacement delivery). We are free to either make a replacement delivery at the prices valid at the time of the complaint or to make repairs. If the method chosen by us is unreasonable for the customer, he or she is immediately entitled to a reduction in price in accordance with § 11.5.
We are free to refuse repair or replacement delivery if this would involve disproportionate expenditure. The customer can then only invoke his rights under paragraph 10.6.
Disproportionate expenditure for the selected type of subsequent performance is to be assumed if the costs of subsequent performance exceed the value of the item at the time of transfer of risk by at least 10%. BOSCHE must be given sufficient time and opportunity to carry out repairs or replacement deliveries. A violation of this will release the customer from liability for damage caused as a result. We may attempt to repair or replace the goods at least twice. Only then can the buyer rescind the contract in accordance with the statutory provisions. Replaced parts become the property of BOSCHE.
10.5 We are free to use third parties to carry out the repair. No contractual relationship is created between the customer and the third party. There is also no guarantee as if BOSCHE had carried out the repair itself.
10.6 If BOSCHE does not succeed in remedying the defect within a reasonable period of time, the customer is entitled to a reduction, i.e. he can reduce the price in a reasonable proportion to the defect, withdraw from the contract or demand compensation in accordance with the liability. Withdrawal from the contract and compensation are excluded in the case of insignificant defects.
10.7 In the case of complaints, the date of purchase must be proven with an invoice. The warranty does not cover normal wear and tear. The warranty expires if the customer modifies the delivered goods.
10.8 BOSCHE is not liable for slightly negligent breaches of a non-essential contractual obligation. For slightly negligent breaches of essential contractual obligations, BOSCHE's liability is limited to compensation for typical damages that BOSCHE could foresee. BOSCHE is not liable for consequential damages that are atypical for the contract or for unforeseeable damages. Liability for physical injuries is excluded from the limitation.
10.9 Complaints cannot be accepted in the following cases: unsuitable, improper storage or use, incorrect assembly or commissioning by the buyer or by third parties, natural wear and tear, modifications or interventions, incorrect or negligent treatment, in particular excessive stress, unsuitable operating materials, replacement materials, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences, provided that these are not attributable to a fault on the part of BOSCHE.
10.10 BOSCHE is not liable for damage or malfunctions that are due to the fact that the customer operates the delivered goods with a technical functional unit that was not supplied by BOSCHE for the intended operation.
10.11 We are not liable for lack of economic success, lost profits, missed savings or indirect damages.
10.12 Wear parts such as batteries, ink ribbons, ink cassettes, etc. are excluded from the warranty.
10.13 Exclusion of liability for external links: We refer to other websites on our pages with links. The following applies to all of these links:
Bosche expressly declares that it has no influence on the design and content of the linked pages. We therefore expressly distance ourselves from all content of linked third-party pages on www.bosche.eu and do not claim ownership of this content. This declaration applies to all displayed links and content of the pages to which the links lead.
10.14 This law applies without restriction to claims under the Product Liability Act. Product risks must be reported to BOSCHE.
§ 11 Exemption for international delivery or shipment abroad
If a delivery is made abroad, the customer releases us from any liability for any claims by third parties which may be based on the legal regulations of the respective country of destination, but which exceed our liability as set out in paragraph 10. The same applies if the customer, after delivery of the product domestically, takes the delivery item abroad.
§ 12 Retention of title
The delivered goods remain our property until all claims have been paid in full.
§ 13 Copyright
The customer is solely liable if the execution of his order infringes rights, in particular copyrights of third parties. The customer must indemnify the contractor against all claims by third parties due to such violations of law.
§ 14 Re-import
The re-import of goods that BOSCHE has delivered abroad or the sale of goods that were intended for abroad to Germany is only permitted with the written permission of BOSCHE. The buyer undertakes to compensate BOSCHE for all damages that arise from a violation of this provision by the customer or its buyer.
§ 15 Place of performance and jurisdiction
15.1 The law of the Federal Republic of Germany applies, excluding the inconsistent UN Convention on Contracts for the International Sale of Goods.
15.2 Place of performance and jurisdiction:
The following applies to consumers: The statutory place of performance and jurisdiction applies.
The following applies to entrepreneurs: If the customer is an entrepreneur, a special fund under public law or a legal entity under public law, Vechta is agreed as the place of jurisdiction.
15.3 Should one of these provisions be or become invalid, or should the contract concluded on their basis contain a regulatory gap, the validity of the remaining provisions remains. unaffected.
§ 16 Miscellaneous
16.1 Goods that are subject to the Calibration Ordinance are delivered to the customer by BOSCHE including a certificate of conformity in accordance with § 5 Calibration Ordinance.
16.2 If a declaration of conformity is required when importing goods into the European Union, the customer is responsible for procuring it, unless we are legally or contractually obliged to do so. We undertake to inform the customer in good time of the lack of a certificate of conformity.
16.3 The customer is obliged to ensure that calibrated goods are installed correctly. This means that the operating environment must correspond to the conditions specified in the instructions. If recalibration is required during assembly or when the operating environment of a calibrated product changes, the customer is responsible for carrying out a new calibration. Furthermore, the customer must observe § 6 Calibration Regulations.
16.4 According to the law, devices that have been calibrated for the first time may not be recalibrated. If these devices are returned, the remaining residual value is very low. This results in high economic damage, which can be between half the original value of the device and the complete loss of value. The loss in value will be deducted when BOSCHE accepts the return.
16.5 The customer may only transfer the rights and obligations arising from the contractual relationship to a third party with our prior written consent.
16.6 The customer has a non-transferable right to use software and documentation of any kind, including offers, which is intended exclusively for internal use.
All other rights remain with the supplier. The customer is prohibited from using and exploiting them in any other way, changing, editing or reproducing them.
It is the customer's responsibility to ensure that software and documentation are not made available to third parties without the prior written consent of the supplier. Unless otherwise agreed, the right of use described above is deemed to have been granted upon order confirmation and delivery. The software is subject to § 69a ff. of the German Copyright Act.
§ 17 Provider identification
BOSCHE GmbH & Co. KG
Reselager Rieden 3
D-49401 Damme
Registered at: Oldenburg District Court HRA 200119
Managing Directors: Jarmila Bosche, Jürgen Bosche
§18 Final provisions
18.1 With regard to the translations of its websites published by BOSCHE, in the event of linguistic ambiguities or other uncertainties, the German version alone shall be deemed to be the final binding version.
§ 19 e-shop clause
The application of § 312e BGB Paragraph 1 Sentence 1 Nos. 1 to 3 and Sentence 2 is excluded.