1) Scope of application
1.1 These General Terms and Conditions (hereinafter „GTC“) of Ochmann Holzbearbeitungsmaschinen GmbH (hereinafter „Seller“) apply to all offers, confirmations, deliveries, services and contracts that a consumer or entrepreneur (hereinafter „Customer“) concludes with the Seller in person or using means of distance communication (e.g. telephone, fax, e-mail, letter) exclusively through individual communication within the meaning of Section 312j (5) sentence 1 BGB. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed. These terms and conditions shall be deemed to have been accepted upon confirmation of purchase or, at the latest, upon receipt of the goods or services.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.
1.3 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 within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The customer can submit a non-binding enquiry to the seller for the submission of an offer in person, by telephone, by fax, by e-mail, by post or via the online contact form provided on the seller's website. At the customer's request, the seller shall send the customer a binding offer in text form (e.g. by e-mail, fax or letter) for the sale of the goods previously selected by the customer from the seller's range of goods. Our offers are non-binding. The documents belonging to the offer, such as drawings, illustrations, technical data and information in advertising material, are not guarantees of quality unless they are expressly designated as such in writing. We reserve the right to prior sale for all machines offered. All agreements made verbally, by telephone or in front of third parties require written confirmation from the seller to be effective. Accessories included in the prices and to be supplied are only those listed in our order confirmations or invoices. In the case of trade-in of used machines, these must be free of cracks and breakage and without hidden defects.
2.2 The customer can accept offers by submitting a declaration of acceptance to the seller in person, by telephone, by fax, by e-mail, by post or via the online contact form provided on the seller's website.
3) Right of cancellation
3.1 Consumers are generally entitled to a right of cancellation. Commercial customers (entrepreneurs) generally have no right of cancellation.
3.2 Cancellation policy
You (as a consumer) have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract is concluded.
To exercise the right to cancel, you must inform us (Ochmann Holzbearbeitungsmaschinen Gmbh, Ernst-Bauer-Str. 3+5, 97941 Tauberbischofsheim, phone: +4993411776, e-mail: Info@ochmann-maschinen.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
3.3 Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
3.3 The right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are net prices and do not include statutory VAT. Our prices are subject to change. Unless otherwise agreed, they are ex works for new machines and ex site for used machines. The prices do not include the costs of packaging, freight, transport insurance, unloading, installation or other expenses. The prices valid on the day of delivery shall apply. In the event of default of acceptance or payment, the supplier shall be entitled to invoice the price valid on the day of delivery.
4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's offer.
4.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date, but always before collection, loading, packaging or the start of dismantling.
4.5 If the term of payment is exceeded, the seller shall be entitled to charge interest from the date in question at the respective bank rates for overdraft facilities, but at least 5 % above the respective discount rate of the Deutsche Bundesbank for consumers and 8 % above the respective discount rate of the Deutsche Bundesbank for merchants. The customer is not authorised to withhold the purchase price or to offset it, even if a complaint has been made or transport damage has occurred. The supplier is entitled to offset payments against older debts first, despite any provisions of the customer to the contrary. If costs and interest have already been incurred, the Seller shall be entitled to offset the payment first against the costs, then against the interest and finally against the principal performance. If the seller receives unfavourable information about the customer's financial situation, he may, at his discretion, withdraw from the contract for goods not yet delivered or demand cash advance payments, cancelling all possible payment agreements, and demand return or cash payment for goods delivered but not yet paid for.
5) Delivery and dispatch conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in the seller's cancellation policy shall apply to the return costs.
5.3 In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's premises by arrangement with the seller. In this case, no shipping costs will be charged.
5.4 The delivery shall be deemed to have been fulfilled when the delivery items are ready for dispatch and the customer has been notified of this. The risk shall pass to the customer at this point in time, regardless of whether the delivery item is located at the seller's premises or elsewhere. If, by way of exception, the seller grants a customer's request for cancellation, the customer shall reimburse the seller for the expenses incurred and the loss of profit. Unless otherwise agreed, dispatch shall be at the customer's expense and risk. The seller offers to take out transport insurance. The costs for this shall be borne by the customer. The Seller shall be entitled to claims against the insurance company arising from the insurance policy taken out. As a precautionary measure, the seller assigns the claims made in this respect to the customer. In the event of transport damage, the customer is obliged to pay the purchase price, irrespective of the damage paid by the insurance company.
5.5 Delivery periods shall be extended to a reasonable extent in the event of industrial disputes, in particular strikes and lockouts, as well as in the event of unforeseeable obstacles beyond our control, insofar as such obstacles can be proven to have a significant influence on the production or delivery of the delivery item. This shall also apply if the circumstances occur at upstream suppliers. We shall inform the purchaser of such circumstances without delay. These provisions shall apply accordingly to delivery dates. If the seller is in default of performance in accordance with the terms of delivery and the customer sets the seller a grace period of at least 6 weeks by registered letter with the express declaration that he will refuse to accept the service after expiry of this period, the customer shall be entitled to withdraw from the contract if the seller culpably fails to meet the grace period. All other claims of the customer, in particular for damages, are expressly excluded, delays in the delivery of machines, equipment or accessory parts and tools are also deemed to be non-culpable if the subcontractor is late with the delivery, delivery dates are always non-binding. If it has been agreed with the customer that he is to collect the delivery item from the seller or a third party, he must ensure that it is professionally dismantled. The customer shall bear the costs of dismantling and collection as well as any damage to tools and buildings caused in the course of dismantling. The seller shall not be liable for any delays in collection or for any damage incurred during collection and dismantling.
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed and all ancillary claims have been paid in full. Ancillary claims include the costs of packaging, freight, unloading, transport and installation, insurance, dismantling, assembly, delivery of spare parts, accessories and repairs, including all claims arising from non-performance, from contracts, from loans and loss of profit, as well as the costs of any legal proceedings and interventions in the event of seizure of the delivery items by third parties. The Seller shall retain title to all goods delivered by him until payment of the total claim arising from the business relationship with the Customer, as well as future claims in the sense of a current account balance. If the customer combines the delivery item with another item, this is only for a temporary purpose. Any processing is carried out for the seller. If the customer finally combines, processes or mixes the goods, the seller shall be entitled to co-ownership of the new item in the ratio of the invoice value of the reserved goods to the final price of the new item; the co-ownership shall be deemed to be reserved goods within the meaning of these terms and conditions. The customer is not authorised to sell the delivered goods in whole or in part before full payment has been made. Should this nevertheless occur, the customer's claims arising from the resale of the reserved goods are hereby assigned to the seller. In the event that the reserved goods are sold by the customer together with other goods not belonging to the seller, the assignment of the purchase price claim shall only apply to the value of the reserved goods which were the subject of the purchase contract or part of the object of purchase together with the other goods. The retention of title also extends to tools, accessories and spare parts supplied. However, if these have been procured elsewhere at the customer's expense, the customer shall be entitled to remove them when exercising the retention of title. As long as retention of title exists, the seller is entitled to enter the premises in which the delivery items are located or to have them entered by its employees or authorised representatives, and furthermore, in the event that retention of title is exercised, to take possession of the delivery item and remove it or arrange for its dispatch. The customer shall bear the costs of returning the goods. Insofar as ownership is reserved, the customer must keep the delivered items insured against any damage at his own expense. In the event of loss of or damage to the delivered goods, the customer's claim against the insurance company shall be deemed assigned to the seller. The risk of loss or damage during the period of retention of title shall be borne by the customer. If the delivery item is seized in favour of third parties or impaired by third parties, the customer is obliged to inform the seller immediately. The costs of intervention incurred by the seller shall be borne by the customer. The seller not only expressly recognises, but also agrees with the customer that the goods subject to retention of title are only connected to land for a temporary purpose until the purpose of security has been fulfilled. The contracting parties agree that neither of them intends to connect the goods subject to retention of title to the land for any purpose other than a temporary purpose prior to fulfilment of the security purpose. The reserved goods connected to the land shall therefore only become the property of the customer when the security purpose has been fulfilled.
7) Liability for defects
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 This does not apply to used goods: Used machines and goods are sold to entrepreneurs to the exclusion of any warranty. Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the shortening of the liability period to one year does not apply
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, and
- in the event that the seller has fraudulently concealed the defect.
7.3 The period begins with the transfer of risk. The seller is initially only liable for repairing defective parts or supplying completely new ones at his discretion. The rights according to § 437 BGB (German Civil Code) due to non-fulfilment arise for entrepreneurs if three attempts to rectify the same defect do not result in freedom from defects. Claims for damages and reimbursement of expenses only exist in cases of gross negligence and intent and if cardinal obligations are breached. After three attempts at rectification, the customer has the right to one new delivery from the seller. If the customer modifies the machine by attachments or conversions, all warranty claims shall be cancelled. This also applies in the event of improper use, incorrect assembly, unprofessional commissioning, operating errors, excessive use, unsuitable operating materials and lack of care. If the seller decides in favour of repair, the customer must allow sufficient time for this. Replacement by the customer shall only be considered after a delay together with a grace period and threat of refusal or if the measure is necessary to avert immediate danger to the delivered item. The warranty shall lapse if repair work is carried out by third parties without the agreement of the seller. Claims for compensation for damage to the delivered goods, consequential damage, consequential harm caused by a defect are excluded, unless the seller can be accused of intent or gross negligence. Sections 433 to 435, 437, 439-443 BGB apply to the purchase of consumer goods, with the exception of the reduction of the warranty period to one year for used machines and the exclusion of compensation for damages. In the case of sales to entrepreneurs, the entrepreneur guarantees that he will not resell to consumers. He shall indemnify the seller against claims and expenses incurred in the event of recourse pursuant to § 478 BGB.
7.4 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Applicable law, contract language
8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
8.2 Furthermore, this choice of law with regard to the statutory right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
8.3 The contract language is German.
9) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11) Final provisions
If any part of these General Terms and Conditions is or becomes wholly or partially invalid, this shall not invalidate the remaining part. A contract concluded on the basis of these Terms and Conditions of Delivery and Payment shall make them a legally binding component for all further contracts between the Seller and the Customer, even if they are not specifically agreed for the individual part. The place of fulfilment for all obligations arising from the contract is, without exception, the registered office of the seller.
Company information
Ochmann Woodworking Machines GmbH
Registered office: 97941 Tauberbischofsheim, Ernst-Bauer-Str. 3+5
Managing Director: Arno Ochmann
Local court Mannheim, HRB 723195