BURG-WÄCHTER Main Catalogue Page 334
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Product Catalogue 2024/25 BURG-WÄCHTER General terms and conditions able damage typical for the particular type of contract. 4. If the delivered goods are defective or lacking any properties as promised, or if it becomes defective during the warranty period, we reserve the right of supplementary performance. At our discretion and with the exclusion of any additional warranty rights, we will provide either for remedy of the defect or for a replacement delivery. In the event that and only if such supplementary performance is unsuccessful, the customer may rescind the contract or reduce the remuneration. Upon identification of such defects, specifically within 5 days from acceptance in case of identifiable defects and without delay after identifiability in case of non-identifiable defects, we shall be promptly notified on them in writing. However, the warranty period expires one year after delivery at the latest. If a purchase is agreed, the limitation period begins upon purchase. The warranty becomes void in case of improper usage of goods, in case of other than designated use of goods or when the goods are modified by the purchaser or by a third party. The contractual item is exclusively the goods sold with the properties and characteristics, as well as the designated purpose, in compliance with the attached product description. Other or additional properties and/or characteristics or an additional designated purpose shall be deemed agreed only if explicitly confirmed by us in writing. Return of goods can only be carried out after a written agreement. It is necessary to attach the goods return accompanying certificate on the outside (to be provided by BURG-WÄCHTER). Any returned goods without the accompanying certificate cannot be processed. The return delivery address is: BURG-WÄCHTER KG, Wormgermühle, D-58540 Meinerzhagen A minimum deduction of 25 % is charged for any return not caused by BURG-WÄCHTER. Custom-made items (mailbox systems, locking systems etc.) cannot be returned. Sec. 7 Total liability 1. Any further liability for compensation and reimbursement of expenses than that specified in § 6 – irrespective of the legal nature of the claim presented – is excluded. This provision does not apply to claims, which are made against us according to §§ 1 and 4 of the German Product Liability Act (Gesetz über die Haftung für fehlerhafte Produkte). The exclusion of liability shall also not apply in case of intent, gross negligence, injury to life, body or health, as well as in case of breach of material contractual obligations (so called “cardinal duties”). However, the claim for compensation in case of breach of material contractual obligations shall be limited to foreseeable damage typical for the particular type of contract, provided no intent or gross negligence exist or liability for injury to life, body or health is imposed. The aforementioned provisions do not constitute an alteration of the burden of proof to the detriment of the purchaser. 2. Insofar as our liability is excluded or limited, the same exclusions and limitations apply to personal liability of our employees, personnel, staff, representatives and agents. Sec. 8 Retention of title 1. We retain the ownership of the purchased item until the purchase price has been fully paid including any additional costs incurred (transportation, packaging etc.). In the event of an action in breach of contract by the purchaser, in particular in case of delayed payment, we are entitled to rescind the purchase contract and recover the purchased item. After the recovery of the purchased item, we are entitled to sell it; the proceeds from such sale after a deduction of reasonable selling costs shall be credited to the purchaser’s liability. 2. The purchaser shall treat the purchased item with care. At its own expense, the purchaser shall insure the purchased item sufficiently at the original value against damage caused by fire, water and theft. 3. In the event of seizure or other similar action by a third party, the purchaser shall notify us immediately in writing. In such an event, the purchaser is further obliged to support us fully in judicial or extrajudicial assertion of our rights, in particular to provide us with any required supporting documents. 4. The purchaser is entitled to resell the purchased item in a regular course of business; however, the purchaser assigns to us already now all receivables up to the total of the final invoice amount (incl. VAT) arising from such resale to its customers or third parties. This assignment applies irrespective of whether the purchased item is resold without or after being further processed. We hereby accept this assignment. The purchaser remains entitled to collect the debt within the framework of a regular course of business. This entitlement becomes void if the purchaser no longer meets its payment obligations associated with the collected proceeds, or in case of the purchaser’s delayed payment. It also becomes void in the event of an application to open insolvency or composition proceedings on the assets of the purchaser or in case the purchaser discontinues its payments. In such events we are entitled to collect the assigned debt ourselves. The purchaser shall provide us with any information required in order to collect the debt and with the associated documents. In such case, the purchaser shall notify the debtor (the third party) about the assignment of debt. 5. The processing or transformation of the purchased item by the purchaser shall always be accomplished for us. If the purchased item is processed together with other items not belonging to us, we shall be granted co-ownership of the new item proportionally to the value of the purchased item compared to the value of the other items processed as at the time of processing. As for the rest the same provisions applying to the purchased item delivered by us shall equally apply to the newly created item. 6. If the purchased item is inseparably mixed with other items not belonging to us, we shall be granted co-ownership of the new item proportionally to the value of the purchased item compared to the value of the other mixed items as at the time of processing. If the mixing is carried out in such a way that the purchaser’s item can be regarded as the main item, it is agreed that the purchaser shall assign co-ownership to us in the proportional amount. The purchaser shall hold the ownership or co-ownership resulting from this for us. 7. We undertake to release the collateral due to us at the request of the purchaser insofar as the marketable value of our collateral exceeds the claim to be secured by more than 20 %; the selection of the collateral to be released is our responsibility. §9 Place of execution, applicable law and jurisdiction 1. Unless otherwise contractually agreed, the place of execution is the registered office of our company. 2. Any business relationship with us is governed exclusively by the law of the Federal Republic of Germany. Application of the CISG (UN Convention on Contracts for the International Sale of Goods) is excluded. 3. If the purchaser is a merchant, any legal disputes internationally shall be subject to the courts of the Federal Republic of Germany. In any case, the place of jurisdiction is the registered office of our company. However, we are entitled to sue the purchaser at its general place of jurisdiction. These regulations of jurisdiction also apply to claims arising out of any bill of exchange or cheque. Shipping and Handling Free delivery: Prices start at 200,- € net free to the door, including packaging. Safes and strong boxes from 100 kg are excluded from this condition Small shipments: Net value of goods up to 20,- € = pro rata costs 5,- € net value of goods 20,- € to 200,- € = pro rata costs 9,- € Distance delivery: Direct dispatch in the customer order, dispatch and expenditure costs 20,- €. except safes over 30 kg see transport services on p. 320. Different terms for deliveries for islands to be requested. VAT ID No. DSD license no. Interseroh no. GLN WEEE reg. no. DE 126881184 11473 2088148 40 03482 00000 7 DE19767115 Prices valid as of 01.06.2024 All previous prices lose their validity. General terms and conditions 337
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