Conditions
Terms and Conditions for Traders
Our GENERAL TERMS AND CONDITIONS, Bat Green UG (limited) - (hereinafter called "Bat Green UG")
1. General
All services rendered by Bat Green UG to the customer are provided exclusively on the basis of the following General Terms and Conditions. Deviating regulations are only valid if they have been agreed in writing between Bat Green UG and the customer.
2. Conclusion of contract
For the conclusion of the contract with Bat Green UG, only persons are entitled, who have completed the age of 18 and at the time of conclusion of the contract in their business capacity are not limited and not act as a consumer. Your entrepreneurial property is identified by the customer by stating his VAT ID.
a) The offers of Bat Green UG are a non-binding invitation to the customer to order goods.
b) The customer makes a binding offer to conclude a purchase contract when ordering goods.
c) Bat Green UG is entitled to accept this offer within 7 calendar days by sending an order confirmation. The order confirmation is made by (mail / fax). After unanswered expiration of the 7-day period, the offer is considered rejected.
3. Delivery times
All items will be shipped promptly, if available from stock and only while stocks last.
Delivery only in Germany. The delivery time is a maximum of 14 working days and begins with the dispatch of the order confirmation. The delivery time is not binding, unless there is a different written agreement.
If an item is not available at short notice, we will inform you by e-mail about the expected delivery time, if we have an address from you.
In the event of delays in delivery, such as due to force majeure, traffic disruptions and orders from higher authorities as well as other events for which Bat Green UG is not responsible, no claim for damages against Bat Green UG can be made.
4. Packaging and shipping costs
For delivery within Germany and packaging, the costs will be calculated according to the commission contract.
At the request of the customer, express deliveries can also be made. The resulting additional costs shall be borne by the customer.
5. Prices / terms of payment
5.3. Bat Green UG reserves the right to change its prices accordingly, if after conclusion of the contract cost reductions or cost increases occur, in particular due to changed purchase costs, material costs, etc. This applies, among other things, to the introduction and / or increase of state taxes (eg customs duties or taxes), increase of transport and / or insurance costs, high or low water surcharges, or the like. These costs will prove the Bat Green UG to the buyer on request.
5.6 The customer is obliged to pay the invoice amount within 7 calendar days after receipt of the goods.
5.9. In the event of default of payment by the buyer, all outstanding, even unpaid or deferred claims are due for immediate payment.
5.10. The buyer is only entitled to set-off rights if the counterclaim has been legally established, is undisputed or recognized by Bat Green UG. In addition, the buyer is entitled to assert a right of retention as well as the plea of the unfulfilled contract only if and to the extent that Bat Green UG is responsible for a breach of duty in accordance with §276 BGB.
11.5. In case of doubt about the Buyer's solvency, in particular payment arrears, Bat Green UG may - subject to further rights - revoke payment terms and demand prepayment or securities.
6. Retention of title
6.1. Bat Green UG retains title to the goods it delivers until receipt of all payments from the entire business relationship with the buyer.
6.2. The buyer is entitled to resell the goods in the ordinary course of business, he assigns the Bat Green UG but now all claims that are due to him from the resale.
6.4. If Bat Green UG's goods are inseparably mixed with other non-owned items, Bat Green UG acquires joint ownership of the new item in proportion to the value of Bat Green UG's merchandise to the other blended items at the time of blending.
6.5. The buyer is obliged to keep the reserved goods fully insured against the usual risks and to prove this to Bat Green UG on request. The buyer hereby assigns his possible insurance claims to the Bat Green UG.
6.6. If the value of the securities granted to Bat Green UG exceeds its total claims by more than 25%, Bat Green UG is obliged, at the request of the buyer, to release or re-transfer the relevant securities; the selection of securities is the responsibility of the Bat Green UG.
6.7. In the event of late payment, the buyer is obliged to immediately surrender the reserved goods to Bat Green UG on its first request.
7. Material defect liability
7.1. The buyer is obliged to examine the deliveries immediately in accordance with §377 HGB and to assert any complaints.
7.2. The above regulations also apply to over-delivery and under-delivery as well as any wrong deliveries.
7.3. With agreed delivery of inferior quality, the buyer is not entitled to any claims for defects.
7.4. If there is a defect and has been notified in time, Bat Green UG shall be entitled, at its discretion, to remedy the defect in the form of remedying the defect or delivering a defect-free item within a reasonable period of time. The expenses required for the purpose of supplementary performance are borne by Bat Green UG.
If the subsequent fulfillment fails or if it is unreasonable for the buyer, then the buyer is entitled to demand reduction of the remuneration (reduction) or cancellation of the contract (resignation). In the event of a minor breach of contract, especially in the case of only minor defects, the buyer has no right of withdrawal. In addition, the buyer may demand damages instead of fulfillment, as long as our limitation of liability in Section 7.6. until 7.10. does not intervene.
7.5. The limitation period for newly manufactured goods is subject to §§ 438 I No. 2b), 479 BGB one year from delivery of the goods. For used goods offered the defect liability is excluded.
Limitation of liability is subject to the provision of section 7.7. until 7.10. corresponding.
7.6. Without prejudice to the following provisions in paragraph 7.7. until 7.10. the liability of Bat Green UG for damages is excluded.
7.7. As far as the Bat Green UG has given a guarantee for the condition of a thing, it is liable according to the legal regulations.
7.8. In the event of intentional or grossly negligent damage, Bat Green UG is liable in accordance with the statutory provisions. This also applies to simply negligent damage, if Bat Green UG violates a contractual obligation. The statutory provisions also apply to liability for damages instead of performance in the case of a substantial breach of duty (§ 281 (1) sentence 3 BGB). However, in all cases except in the case of deliberate action by Bat Green UG, the liability is limited to the extent of the foreseeable, typically occurring damage.
7.9. The statutory liability for damage resulting from injury to life, limb or health remains unaffected. The buyer's claims for liability under the Product Liability Act remain unaffected.
7.10. Insofar as liability is limited in accordance with the above provisions, this also applies to the personal liability of employees, employees, representatives and vicarious agents of Bat Green UG.
8. Liability
8.1. The limitations of liability in paragraph 7.6. until 7.10. apply to all other claims as well - for whatever legal reason they are asserted against Bat Green UG.
8.2. Insofar as tort claims against Bat Green UG are asserted, the statutory period of limitation remains unaffected; However, the buyer is obliged to bring any possible tort claims against Bat Green UG within a period of one year, after he has obtained knowledge of all conditions under the claim.
8.3. Information, advice on application-related questions, etc. are always non-binding under exclusion of any liability. The samples provided to the buyer are non-binding in their nature, unless the Bat Green UG has given a written guarantee for this.
© Bat Green AND