{"id":6911,"date":"2025-01-03T22:31:01","date_gmt":"2025-01-03T22:31:01","guid":{"rendered":"https:\/\/as2025.as-schwabe.de\/?page_id=6911"},"modified":"2025-04-04T06:20:19","modified_gmt":"2025-04-04T06:20:19","slug":"owh","status":"publish","type":"page","link":"https:\/\/as-schwabe.de\/eng\/owh\/","title":{"rendered":"GTC"},"content":{"rendered":"
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General Terms and Conditions (AGB)<\/strong><\/span><\/p>

Terms of delivery and payment<\/strong><\/span><\/p>

1.\u00a0<\/strong>Quotations and order processing<\/strong><\/span><\/p>

1.1<\/span>
All our offers (by telephone, in writing or in text form) are made exclusively on the basis of the following terms and conditions. They are non-binding until the contract is concluded.<\/span><\/p>

1.2<\/span>
The acceptance of orders shall be confirmed in writing. Orders shall only be deemed accepted upon our order confirmation.<\/span><\/p>

1.3<\/span>
Data is stored for enquiries, catalogue requests and when orders are received.<\/span><\/p>

2.\u00a0<\/span><\/strong>Prices, dispatch, packaging<\/strong><\/span><\/p>

2.1<\/span>
The prices are ex works excluding packaging in euros, plus the value added tax applicable on the day of delivery. The prices valid on the day of delivery shall be charged.<\/span><\/p>

2.2<\/span>
In the case of orders for immediate acceptance from EURO 250.00 net, delivery shall be made carriage paid to the recipient's station within the Federal Republic of Germany.<\/span><\/p>

2.3<\/span>
If the order value is less than EUR 250.00 net, a weight-dependent flat-rate shipping fee will be charged.<\/span><\/p>

2.4<\/span>
We reserve the right to choose the mode of dispatch. No claims against us can be derived from the choice made.<\/span><\/p>

3. place of fulfilment<\/strong><\/span><\/p>

3.1<\/span>
The place of fulfilment for the payment of the purchase price and for all other services of the purchaser is Eutingen i.G.<\/span><\/p>

3.2<\/span>
The place of fulfilment for our deliveries is the place where the goods are located for the purpose of dispatch or any agreed handover to the buyer.<\/span><\/p>

4. transport hazard<\/strong><\/span><\/p>

Notwithstanding Clause 2, the transfer of risk shall take place upon handover to the person, company or institution commissioned to carry out the shipment, even in the case of carriage paid delivery.<\/span><\/p>

5. scope of the service<\/strong><\/span><\/p>

5.1<\/span>
All information in illustrations, brochures, catalogues and in advertising shall not constitute a description of the quality of the goods in addition to the product description. Such information shall only be binding if it has been agreed as the quality of the goods.<\/span><\/p>

5.2<\/span>
For technical reasons, excess or short deliveries of up to 10% are permissible for customised products.<\/span><\/p>

6. delivery time - delivery obligation<\/strong><\/span><\/p>

6.1<\/span>
The delivery period begins with the despatch of the order confirmation.<\/span><\/p>

6.2<\/span>
The delivery deadline shall be deemed to have been met if the goods have left the place of dispatch or readiness for dispatch has been notified by the time the deadline expires.<\/span><\/p>

6.3<\/span>
The delivery period shall be extended appropriately in the event of industrial disputes, operational disruptions, shortages of raw materials, traffic disruptions, acts of God, all cases of force majeure and the occurrence of unforeseen obstacles beyond our control, insofar as such obstacles demonstrably have a significant influence on the completion or delivery of the goods. This shall also apply if the circumstances occur at subcontractors or contractual suppliers. If the content of the service is also significantly changed by these circumstances, this shall release us from the obligation to deliver for the duration of the disruption and to the extent of its effects.<\/span><\/p>

6.4<\/span>
We are authorised to make partial deliveries. Each partial delivery shall be deemed an independent transaction.<\/span><\/p>

6.5<\/span>
Unsatisfactory information about buyers entitles us to cancel contracts and delivery obligations in whole or in part.<\/span><\/p>

7. set-off or retention <\/strong><\/span><\/p>

Offsetting by the purchaser with any counterclaims disputed by us and\/or not legally established is not permitted. This also applies to the retention of payments.<\/span><\/p>

8. notification of defects (complaints)<\/strong><\/span><\/p>

8.1<\/span>
In the event of complaints about the type, quality and quantity of the delivered goods, we shall only be liable if the buyer inspects the goods immediately to ensure that they are free of defects and complete and notifies us immediately and in writing of any defects discovered with a precise description. If the buyer fails to inspect the goods or report defects in good time, the delivered goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. Defects discovered later must also be reported to us immediately, otherwise the goods shall also be deemed to have been approved due to these defects.<\/span><\/p>

8.2<\/span>
The limitation period for warranty claims and claims for damages is 2 years from delivery of the goods.<\/span><\/p>

8.3<\/span>
No warranty shall be assumed if the purchaser or a third party carries out modifications or repair work without our prior authorisation.<\/span><\/p>

8.4<\/span>
In the event of justified complaints, we shall, at our discretion, either repair or replace the goods.<\/span><\/p>

8.5<\/span>
If the rectification or replacement delivery fails, the buyer may, at his discretion, demand a reduction in the remuneration or cancellation of the contract. If the buyer chooses to withdraw from the contract due to a defect, he waives the right to assert claims for damages.<\/span><\/p>

8.6<\/span>
We shall only assume expenses in connection with the subsequent fulfilment insofar as they are reasonable in the individual case, in particular in relation to the purchase price of the goods, but in no case insofar as they exceed 150 % of the net value of the goods. We shall only assume further expenses, e.g. in connection with the installation and removal of the defective item, in accordance with these terms and conditions.<\/span><\/p>

9. return of goods<\/strong><\/span><\/p>

We generally do not accept returns. However, should this be unavoidable, this requires our express written authorisation. Goods can only be returned if they are still in their original packaging and do not have price and\/or other labels\/stickers attached. Goods that have been specially made for the buyer are generally excluded from being returned. Returns must always be sent carriage paid.<\/span><\/p>

10. claims for damages<\/strong><\/span><\/p>

We shall not be liable, irrespective of the legal grounds, for the slightly negligent breach of obligations by us, our legal representatives or vicarious agents. In the event of a slightly negligent breach of material obligations, our liability shall be limited to the amount of typically foreseeable damage. We shall not be liable for delay or impossibility caused by slight negligence. This does not apply in cases of strict liability.<\/span><\/p>

11 Payment, due date, default<\/strong><\/span><\/p>

11.1<\/span>
Invoices are payable net within 30 days of the invoice date.<\/span><\/p>

11.2<\/span>
Cheques and bills of exchange are only accepted on account of payment. The latter only after prior written agreement.<\/span><\/p>

11.3<\/span>
In the event of payment after 30 days from the invoice date, default interest of 9% percentage points above the respective base interest rate shall be due without prior reminder.<\/span><\/p>

11.4<\/span>
If the buyer is in default, we are entitled, at our discretion, to withdraw from the contract and to take back the goods delivered under retention of title less the costs incurred (usually 20 % of the value of the goods).<\/span><\/p>

11.5<\/span>
Any claims for damages shall in any case remain unaffected by these measures.<\/span><\/p>

11.6<\/span>
If we receive notification of a deterioration in the buyer's financial circumstances, or if the buyer provides stocks or outstanding amounts as security for other creditors, we shall be entitled to cancel all payment agreements, demand immediate cash payment or return of the goods, withdraw from the contract or demand advance payment or deliver against cash on delivery.<\/span><\/p>

12. reservation of title<\/strong><\/span><\/p>

12.1<\/span>
The goods shall remain our property until full payment of all claims, including ancillary claims, claims for damages, future claims and encashment of cheques and bills of exchange.<\/span><\/p>

12.2<\/span>
Subject to the following provisions, the buyer is authorised to sell and process the goods.<\/span><\/p>

12.3<\/span>
The Buyer's authorisation to process goods subject to retention of title in the ordinary course of business shall end when he ceases to make payments or when an application is made to open insolvency proceedings against his assets. By processing the reserved goods, the purchaser does not acquire ownership of the new item in accordance with \u00a7 950 BGB. If the goods subject to retention of title are processed with other items, we shall acquire co-ownership of the new item in the ratio of the invoice value of our goods subject to retention of title to the invoice value of the other processed items.<\/span><\/p>

12.4<\/span>
The purchaser hereby assigns to us the claim with all ancillary rights arising from the resale of the goods subject to retention of title, also on a pro rata basis to the extent that the goods have been processed and we have acquired co-ownership in the amount of the invoice value. We are entitled to a fraction of the respective purchase price claim in proportion to the invoice value of our reserved goods to the invoice value of the item. If the buyer has sold this claim within the framework of genuine factoring, he shall assign to us the claim against the factor that takes its place. We accept the assignments. The buyer shall be entitled to collect the receivables himself as long as he fulfils his payment obligations to us in accordance with the contract and we do not give him any other instructions. Upon request, the purchaser is obliged to provide us with a precise list of the claims to which we are entitled, including the names and addresses of the customers, the amount of the individual claims, invoice date, etc., to inform his customers of the assignment and to provide us with all information necessary for the assertion of the assigned claims.<\/span><\/p>

12.5<\/span>
The retention of title shall remain in force even if individual claims of ours are included in a current invoice and the balance is drawn and recognised. We are entitled to the retention of title not only for the recognised and abstract final balance, but also for the causal balance. We hereby release fully paid deliveries if the security provided by the retention of title exceeds the claim to be secured by 20 %. We shall be entitled to select the securities to be released. Pledging or transfer by way of security of the goods subject to retention of title or disposal of the assigned claims as well as non-genuine factoring are not permitted.<\/span><\/p>

12.6<\/span>
If we take back the delivered goods due to our retention of title, this shall only constitute a cancellation of the contract if we expressly declare this.<\/span><\/p>

12.7<\/span>
The buyer shall store the reserved goods for us. He shall insure them against fire, theft and water. The Buyer hereby irrevocably assigns to us his claims for compensation to which he is entitled against insurance companies or other parties liable for damages of the type mentioned in sentence 2 in the amount of our claims. We accept the assignment.<\/span><\/p>

13. place of jurisdiction<\/strong><\/span><\/p>

The place of jurisdiction shall be exclusively the local court of Horb a.N., irrespective of the amount in dispute, if the purchaser is a merchant.<\/span><\/p>

14 Recognition<\/strong><\/span><\/p>

14.1<\/span>
The above terms and conditions shall apply to all sales, even if no express reference is made to these terms and conditions. Our terms and conditions shall also apply if the buyer excludes the validity of the seller's terms and conditions in his terms and conditions of purchase and we do not expressly object to them. The buyer recognises our terms and conditions by concluding the purchase and by accepting our order confirmation without objection.<\/span><\/p>

14.2<\/span>
Conflicting terms and conditions shall not be recognised unless we confirm them in writing.<\/span><\/p>

14.3<\/span>
Verbal agreements and special agreements are only effective if they are confirmed by us in writing.<\/span><\/p>

Download our General Terms and Conditions:\u00a0General Terms and Conditions for as - Schwabe GmbH<\/a><\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

All\u00adge\u00admei\u00adne Ge\u00adsch\u00e4fts\u00adbe\u00addin\u00adgun\u00adgen (AGB) Lieferungs- und Zahlungsbedingungen 1.\u00a0Angebote und Auftragsabwicklung 1.1Unsere s\u00e4mtlichen Angebote (telefonisch, schriftlich oder in Textform) erfolgen ausschlie\u00dflich auf Basis der nachfolgenden Bedingungen. Sie sind bis zum erfolgten Vertragsabschluss freibleibend. 1.2Die Annahme von Auftr\u00e4gen wird schriftlich best\u00e4tigt. Erst mit unserer Auftragsbest\u00e4tigung gelten die Auftr\u00e4ge als angenommen. 1.3Bei Anfragen, Kataloganforderungen und bei Entgegennahme von Auftr\u00e4gen […]<\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"inline_featured_image":false,"footnotes":""},"class_list":["post-6911","page","type-page","status-publish","hentry"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/as-schwabe.de\/eng\/wp-json\/wp\/v2\/pages\/6911","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/as-schwabe.de\/eng\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/as-schwabe.de\/eng\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/as-schwabe.de\/eng\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/as-schwabe.de\/eng\/wp-json\/wp\/v2\/comments?post=6911"}],"version-history":[{"count":0,"href":"https:\/\/as-schwabe.de\/eng\/wp-json\/wp\/v2\/pages\/6911\/revisions"}],"wp:attachment":[{"href":"https:\/\/as-schwabe.de\/eng\/wp-json\/wp\/v2\/media?parent=6911"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}