Terms and Conditions

1. General – Scope of Application

Our terms of sale apply exclusively – in addition to the customs in the timber industry (Tegernsee Customs); we do not recognize any conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing. Our terms of sale also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
Only written agreements are legally binding.
Our terms of sale apply only to entrepreneurs within the meaning of § 310 Para. 1 BGB.

2. Offer – Offer Documents

If the order is to be qualified as an offer in accordance with § 145 BGB, we can accept this within 2 weeks.
We reserve ownership and copyrights to illustrations, drawings, calculations and other documents. This also applies to such written documents that are marked as "confidential". The customer requires our express written consent before passing them on to third parties.
The offers contained in the seller's catalogs and sales documents, as well as on the Internet – unless expressly designated as binding – are always non-binding, i.e. only to be understood as an invitation to submit an offer.
Orders are deemed accepted when they are either confirmed in writing by the seller or executed immediately after receipt of the order or on schedule. In this case, the invoice applies as order confirmation
If, after conclusion of the contract, the seller becomes aware of facts, in particular default of payment with regard to previous deliveries, which, according to dutiful commercial discretion, indicate that the purchase price claim is endangered by the buyer's lack of ability to pay, the seller is entitled, setting a reasonable deadline, to demand payment or corresponding security from the buyer at his discretion and, in the event of refusal, to withdraw from the contract, whereby the invoices for partial deliveries already made become due immediately.

Prices – Terms of Payment – Online Invoice

Unless otherwise stated in the order confirmation, our prices are "ex works", excluding packaging; this will be invoiced separately.
The statutory value added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.
We reserve the right to change our prices appropriately if, after conclusion of the contract, cost reductions or cost increases occur, in particular due to tariff agreements or material price changes. We will prove these to the customer on request.
The deduction of a discount requires a special written agreement.
Unless otherwise agreed, the purchase price is due immediately upon receipt of the goods without deduction.
Bill payments are only permitted after special agreement. Bills and checks are always only accepted on account of payment, not in lieu of payment. In the event of a check or bill protest, the seller can demand immediate cash payment in return for the return of the check or bill.
In the event of default in payment, the statutory provisions apply. Any agreed discounts will not be granted if the buyer is in default with the payment of earlier deliveries.
If the buyer is in default of payment, the seller is entitled, after prior warning, to take back the goods, if necessary to enter the seller's premises and take away the goods. The seller can also prohibit the removal of the delivered goods. The return is not a withdrawal from the contract.
The payment may only be retained to a reasonable extent due to defects or other complaints. In the event of a dispute, the amount shall be decided by an expert appointed by the buyer's Chamber of Industry and Commerce. This expert shall also decide on the distribution of the costs of his involvement at his reasonable discretion.
The customer is only entitled to offsetting rights if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, he is entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
The customer receives an invoice via the e-mail inbox specified by him as a PDF document. If the customer wishes to receive an invoice in paper form, he must indicate this separately when ordering.

4. Delivery, Transfer of Risk and Default

The owed service is deemed to have been rendered if the delivery item essentially corresponds to the contract – including quantities – and dimensional tolerances of up to 10%.
The risk passes to the buyer when the goods are made available at the agreed delivery location by the seller.
Our confirmed delivery dates are non-binding departure dates. In the case of divisible deliveries, we are entitled to partial deliveries and, with appropriate prior information, also to early delivery.
The delivery period shall be extended appropriately – even within a delay – in the event of force majeure and all unforeseen obstacles that occur after conclusion of the contract for which the seller is not responsible, insofar as such obstacles demonstrably have a significant influence on the delivery of the sold item. This also applies if these circumstances occur at the suppliers of the seller and their sub-suppliers. The seller shall notify the buyer of the beginning and end of such obstacles as soon as possible. The buyer can demand from the seller a declaration as to whether he wants to withdraw or deliver within a reasonable period. If the seller does not declare himself immediately, the buyer can withdraw. Claims for damages are excluded in this case. The above provisions apply mutatis mutandis to the buyer if the aforementioned obstacles occur at the buyer's premises.
The seller is only liable for timely delivery for his own fault and that of his vicarious agents. He is not responsible for the fault of his upstream suppliers, as these are not his vicarious agents. However, the seller is obliged to assign to the buyer, upon request, any claims he may have against his upstream supplier.
The buyer can only set a grace period for delivery if the agreed delivery date has been exceeded by more than 2 weeks. This grace period must be reasonable and at least 3 weeks. After fruitless expiry of the grace period, the buyer can withdraw from the contract. A claim for damages against the seller due to breach of duty is excluded, unless the seller has acted at least grossly negligent or there is personal injury.

5. Packaging Costs

Transport and all other packaging in accordance with the Packaging Ordinance will not be taken back; except for pallets. The customer is obliged to dispose of the packaging at his own expense.
If the customer wishes, we will cover the delivery with transport insurance; the costs incurred in this respect shall be borne by the customer.

6. Properties of Wood

Wood is a natural product; its natural properties, deviations and characteristics must therefore always be observed. In particular, the buyer must take into account its biological, physical and chemical properties when purchasing and using it. If necessary, the buyer must obtain professional advice (we provide additional information sheet). The range of natural color, structure and other differences within a type of wood is part of the properties of the natural product wood and does not constitute any reason for complaint or liability.

7. Notification of Defects, Warranty, Liability

The seller is only liable for defects within the meaning of § 434 BGB as follows: The buyer must immediately inspect the received goods for quantity and quality. Obvious defects must be reported to the seller in writing within 14 days. In the case of mutual commercial transactions between merchants, §§ 377, 378 HGB remain unaffected. Otherwise, reference is made to the Tegernsee Customs.
If the buyer discovers defects in the goods, he must not dispose of them, i.e. they must not be divided, resold or further processed or installed until an agreement has been reached on the handling of the complaint or a procedure for securing evidence has been carried out by an expert commissioned by the Chamber of Industry and Commerce at the buyer's place of business.
In the event of justified complaints, the seller is entitled, taking into account the nature of the
defect and the legitimate interests of the buyer, to determine the type of supplementary performance (replacement delivery, repair). The buyer must grant a reasonable time and opportunity to remedy the defect. If the supplementary performance fails several times, the buyer can also withdraw from the contract or demand a reduction. Further claims of the buyer against the seller or their agents, for whatever legal reason, are excluded, unless the seller has acted at least grossly negligent or personal injury occurs.
The buyer must inform the seller as soon as possible about a warranty case occurring with a consumer.
Claims for material defects expire in 12 months from delivery. This does not apply insofar as the law prescribes longer periods in accordance with §§ 438 Para. 1 No. 2 (buildings and items for buildings), 479 Para. 1 (right of recourse), 634a Para. 1 No. 2 (construction defects) and 475 (consumer goods purchase) BGB.
Section VIII applies to claims for damages. (General Limitation of Liability).
We do not guarantee improper use and treatment of the object of the contract. Warranty claims are also void in the event of damage or destruction of the object of the contract due to improper handling or storage after the transfer of risk. Contrary to the information or guidelines made by us to the content of the contract, warranty claims of any kind against the seller are void.
Deviations in dimensions and material that are customary in the trade and/or due to manufacturing technology do not entitle the customer to complain about the object of the contract. DIN standards and our factory standards apply to tolerances, if available.
Excess and short deliveries in quantity and number of pieces are permissible up to 10%, except for the delivery of doors. They do not entitle to complaints about defects.
No warranty is given for custom-made products according to the buyer's specifications, calculations or design documents, insofar as defects are based on this.

8. General Limitation of Liability

Claims for damages and reimbursement of expenses of the buyer (hereinafter: claims for damages), for whatever legal reason, in particular due to breach of obligations arising from a contractual relationship and from tort, are excluded. This does not apply in cases of assumption of a guarantee or a procurement risk. Furthermore, this does not apply insofar as liability is mandatory, e.g. according to the Product Liability Act, in cases of gross negligence, due to injury to life, body or health as well as the violation of essential contractual obligations. However, the claim for damages for the violation of essential contractual obligations is limited to the contractually typical, foreseeable damage, unless there is gross negligence or liability is assumed for injury to life, body or health. A change in the burden of proof to the detriment of the buyer is not associated with this.
This regulation applies mutatis mutandis to the buyer.

9. Retention of Title Security

The seller retains ownership of the goods until full payment of the purchase price. In the case of goods that the buyer purchases from him as part of an ongoing business relationship, the seller retains ownership until all of his claims against the buyer arising from the business relationship, including future claims, also from contracts concluded at the same time or later, have been settled. This also applies if individual or all claims of the seller have been included in a current account and the balance has been drawn and recognized. If, in connection with the payment of the purchase price by the buyer, a bill liability of the seller is established, the retention of title does not expire before the bill has been redeemed by the buyer as the drawee. In the event of default in payment by the buyer, the seller is entitled to take back the goods after a reminder and the buyer is obliged to surrender them.
If reserved goods are processed by the buyer into a new movable item, the processing is carried out for the seller without the seller being obligated as a result; the new item becomes the property of the seller. If processed together with goods not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other goods at the time of processing. If reserved goods are combined, mixed or mingled with goods not belonging to the seller in accordance with §§ 947, 948 BGB, the seller becomes co-owner in accordance with the statutory provisions. If the buyer acquires sole ownership through connection, mixing or mingling, he hereby transfers co-ownership to the seller in proportion to the value of the reserved goods to the other goods at the time of connection, mixing or mingling. In these cases, the buyer must keep the item owned or co-owned by the seller, which also applies as reserved goods within the meaning of the above conditions, free of charge.
If reserved goods are sold alone or together with goods not belonging to the seller, the buyer hereby assigns the claims arising from the resale in the amount of the value of the reserved goods with all ancillary rights and priority over the rest. The seller accepts the assignment. The value of the reserved goods is the invoice amount of the seller, which, however, remains out of consideration insofar as the rights of third parties conflict. If the resold reserved goods are co-owned by the seller, the assignment of the claims extends to the amount corresponding to the seller's share value in the co-ownership.
If reserved goods are installed by the buyer as an essential component in a property, ship, shipbuilding or aircraft of a third party, the buyer hereby assigns the claims against the third party or the person concerned arising from this, assignable claims for remuneration in the amount of the value of the reserved goods with all ancillary rights, including one for granting a security mortgage, with priority over the rest; the seller accepts the assignment. No. 3.) Sentences 2 and 3 apply accordingly.
If reserved goods are installed by the buyer as an essential component in a property, ship, shipbuilding or aircraft of the buyer, the buyer hereby assigns the claims arising from a sale of the property, property rights, the ship, shipbuilding or aircraft in the amount of the value of the reserved goods with all ancillary rights and with priority over the rest; the seller accepts the assignment. No. 3.) Sentences 2 and 3 apply accordingly.
The buyer is only entitled and authorized to resell, use or install the reserved goods in the usual, orderly course of business and only with the proviso that the claims within the meaning of No. 3.), No. 4.) and No. 5.) actually pass to the seller. The buyer is not entitled to other disposals of the reserved goods, in particular pledging or security assignment.
The seller authorizes the buyer, subject to revocation, to collect the claims assigned in accordance with No. 3.), No. 4.), No. 5.). The seller will not make use of his own collection authority as long as the buyer meets his payment obligations, also towards third parties. At the request of the seller, the buyer must name the debtors of the assigned claims and notify them of the assignment; the seller is authorized to notify the debtors of the assignment himself.
The buyer must inform the seller immediately about enforcement measures by third parties against the reserved goods or the assigned claims, handing over the documents necessary for the objection.
With cessation of payments and/or application for the opening of insolvency proceedings, the right to resell, use or install the reserved goods or the authorization to collect the assigned claims expires; in the event of a check or bill protest, the collection authorization also expires. This does not apply to the rights of the insolvency administrator.
If the value of the securities granted exceeds the claims (possibly reduced by down payments and partial payments) by more than 20%, the seller is obliged to retransfer or release to that extent at his discretion. With the settlement of all claims of the seller arising from the business relationship, the ownership of the reserved goods and the assigned claims pass to the buyer.

10. Construction Services

For all construction services, including assembly, the contract regulations for construction services (VOB, parts B and C) in the version valid at the time of conclusion of the contract apply, provided that the order is placed by a contracting party active in the construction industry.

11. Place of Jurisdiction and Applicable Law

The place of performance and jurisdiction for deliveries and payments is Rottweil. However, the seller is also entitled to sue the buyer at his place of business. The relations between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

12. Place of Jurisdiction – Place of Performance

If the customer is a merchant, our place of business is the place of jurisdiction; however, we are also entitled to sue the customer at his place of residence.
The law of the Federal Republic of Germany shall apply; the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
Unless otherwise stated in the order confirmation, our place of business is the place of performance.