Terms and conditions
The German version of our Terms and Conditions ("Allgemeine Geschäftsbedingungen" = AGB) shall apply.
This version is an automated translation. All rights and errors reserved.
§ 1 Scope of Application
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All deliveries, services, and offers of PNZ-Produkte GmbH are made exclusively on the basis of these General Terms and Conditions. They also apply to future business relationships, even if not explicitly referred to again.
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Conflicting or deviating terms and conditions of the buyer are not recognized unless we have expressly agreed to them in writing.
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These terms and conditions are deemed accepted at the latest upon acceptance of the goods.
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A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their trade or profession.
§ 2 Offer and Conclusion of Contract
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Our offers are non-binding and subject to change.
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A contract is only concluded upon our written order confirmation. If an order is not rejected within 4 weeks, it is deemed accepted.
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Collateral agreements, amendments, and additions must be made in writing.
§ 3 Nature of the Contract
The contracts between the buyer and the seller are purchase contracts. Financing agreements of the buyer with third parties do not affect our claims.
§ 4 Prices and Terms of Payment
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The prices stated in the order confirmation apply plus the applicable statutory VAT.
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Unless otherwise agreed, prices are ex-works PNZ including standard packaging.
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If more than 6 months pass between the conclusion of the contract and delivery, the prices valid on the day of delivery apply.
§ 5 Delivery Periods
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Delivery dates are non-binding unless expressly agreed as binding.
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Claims for damages due to delayed delivery are excluded unless the delay is due to gross negligence or intent.
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Force majeure and unforeseeable events entitle us to postpone delivery accordingly or to withdraw from the contract in whole or in part.
§ 6 Shipping and Transfer of Risk
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Shipping is at the buyer's risk. The risk transfers upon handover to the transport company or notification of readiness for dispatch.
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Upon request, we will insure the goods at the buyer's expense.
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For international deliveries, additional taxes, duties, or charges may apply, which are to be borne by the buyer. The buyer is responsible for complying with import or customs regulations.
§ 7 Warranty
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In case of defects, we will provide a replacement or repair at our discretion. Multiple repair attempts are permitted.
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The warranty period is 12 months from the date of delivery.
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Defects must be reported in writing without delay, no later than 10 days after delivery. Transport damages must be reported immediately to the carrier.
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If repair fails, the buyer may reduce the price or withdraw from the contract. Further claims only exist in cases of intent or gross negligence.
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Advice is given to the best of our knowledge, but we are only liable if a fee was expressly agreed upon.
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Claims for damages are excluded unless caused by gross negligence or intent.
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Warranty rights are non-transferable.
§ 8 Retention of Title
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The goods remain our property until full payment is received. If ownership is lost due to processing or resale, the resulting claim or new item replaces it.
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The buyer must inform us immediately of any third-party access.
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In the event of payment default, we are entitled to reclaim the goods. This does not constitute withdrawal from the contract unless otherwise required by law.
§ 9 Payment
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Unless otherwise agreed, the following payment terms apply: 2% discount for payment within 8 days, net payment within 30 days.
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Payments are credited to outstanding claims at our discretion. Conflicting instructions from the buyer are not recognized.
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Payment is deemed made only when the amount is credited to our account.
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Bills of exchange and checks are accepted for fulfillment only and subject to acceptance. Costs are borne by the buyer.
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In the event of payment default, we are entitled to charge interest at the usual bank rate.
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If the buyer's creditworthiness is in doubt, we may demand advance payment or security.
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Offsetting is only permitted with undisputed or legally established claims.
§ 10 Final Provisions
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German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory legal provisions state otherwise.
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The contractual language is German. In case of translations, the German version shall prevail.
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The place of jurisdiction, where legally permissible, is Ingolstadt. The place of performance is Kipfenberg.
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Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
PNZ Products GmbH
Eichstätter Straße 2-4 a
85110 Kipfenberg
Managing director: Dr. Marcel Pietsch
Tel. 08465 1738-0
fax 08465 3616
info@pnz.de
www.pnz.de