General terms and conditions

§ 1 General, contract, rights

(1) The present and included in the contract "terms and conditions" of the CrossLease GmbH. (CL), Oberhaching, are in their latest version and to all subsequent transactions without the will upon the completion of express reference thereto or agreement.
(2) counter confirmation, counter offer or other reference by the buyer with regard to its terms and conditions are hereby expressly excluded. They will also not be recognized if they are not expressly CL after receiving it contradicts. Verbal agreements and declarations are only valid if confirmed in writing by CL.
(3) CL the goods ordered by the buyer delivers to offer acceptance. CL was subsequently recognize that there is an erroneous statement, for example, when the information about a product, at a price or availability, CL will inform the buyer of this immediately. This may be the order under the changed conditions again. If CL is entitled to rescind the contract.
(4) The buyer shall not assign any claims arising from transactions with CL only with the express consent of CLs.
§ 2 Conclusion

(1) CLs are offers - especially on the quantity, price and delivery time - always subject to change.
(2) ordered by the Buyer shall not be deemed accepted if CL has confirmed in writing. If a CL contract concluded orally or by telephone confirmed in writing not more, which is granted by CL invoice shall be deemed confirmed.
(3) exhibited at trade fairs and / or products listed in brochures CLs are not a binding offer dar. CL A contract is only valid if CL an offer the customer expressly accepts.
(4) § 454 BGB does not apply.
§ 3 Right of withdrawal

(1) the buyer as a consumer is a statutory right of withdrawal according to § § 312 and 355 BGB. The cancellation period begins on the date on which the consumer or his third party member has received the goods. The cancellation deadline is 14 days, the withdrawal does not require justification.
(2) The consumer can send back the goods. It is sufficient that the goods will be posted on the last day of the deadline for return.
(3) The return is at cost of consumer, unless the consumer has received incorrect or defective goods.
(4) Is not a return of the goods because of the weight or bulk package as possible, it is sufficient if the consumer sends in a two-week period, a written withdrawal request to CL. In this case the consumer to return and, where appropriate, to pay the shipping costs, as described above, committed.
(5) The purchase price and any incidental expenses will be reimbursed after verification of the return within 30 days.
(6) A revocation does not apply to contracts for the supply of goods
- Have been manufactured according to customer specifications or clearly tailored to personal needs,
- Have supplies to content
- Are not by their nature are suitable for return shipment.
(7) CL reserves the right to return used or damaged goods, to demand compensation for the impairment of the value and the use of the goods if the deterioration of the goods is not solely due to their examination. The buyer can avoid these claims when he places the goods only to the extent necessary for an appropriate assessment takes into use.
(8) If a purchaser who is not a consumer within the meaning of § 13 BGB, which sold goods and not send them back, so CL is entitled to choose between insisting on the acceptance or demand to 20% of the purchase price as liquidated damages, unless higher costs can be substantiated.
§ 4 Subject to availability, quantity, quality, price

(1) CLs delivery obligation shall at all times be subject to timely and properly our own suppliers.
(2) CL is always entitled to deliver in quantities greater than 100 pieces for up to 5% more or less than agreed. Been the quality of goods is determined according to commercial usage, unless otherwise agreed in individual cases or confirmed by CL.
(3) If between the contract and delivery of a change of law, additional or increased charges - in particular duties, levies, currency compensation - incurred CL is entitled to increase the purchase price accordingly. The same applies for examination fees.
(4) All prices are in euros. CLs prices quoted are exclusive of VAT applicable at the time of delivery. For dealers generally are net prices, reported gross prices for consumers, so the purchase price including the date of invoice VAT.
(5) In addition, falling freight and shipping costs. They are shown in each frame separately. They are based on a time and may contain at the date of invoice applicable sales tax.
§ 5 Shipping, Delivery

(1) Goods transported uninsured and in any case, the buyer's risk. This also applies to freight-free delivery and no matter what transport is used. Transport insurance shall only be taken at the express request of the buyer. Any costs arising therefrom shall be at the expense of the purchaser.
(2) The choice of the place and the transport route and means of transport shall, unless otherwise agreed in writing by CL at our discretion, without assuming any liability for the cheapest and fastest transport.
(3) If the buyer the transport, he is responsible for the timely deployment. CL notified of any delays in time. Any costs incurred by the buyer. This can be a flat rate of CL at a delay of delivery: For each month (prorated if necessary) CL can calculate a storage fee of 10% of product price, but no more than 50% of the price of goods.
(4) CL is entitled to reasonable delivery.
(5) Stated delivery and unloading shall be binding unless expressly agreed otherwise in writing.
(6) inability to supply due to force majeure or due to unforeseen and not by CL events outside its control, such as operational disturbances, strikes, lockouts, public authorities, subsequent cease of export or import opportunities and CLs self-supply reservations acc. § 4 paragraph (1) relieve LC for the duration and extent of their impact from the obligation to comply with some agreed delivery or unloading. CL also entitle you to cancel the contract without the buyer being entitled to any damages or other claims.
(7) is exceeded an agreed delivery or unloading without a supply constraint acc. subparagraphs (6) above, then the buyer will have to grant CL a reasonable period of at least two weeks. Is also the period of CL is not met at fault, the buyer to rescind the contract, but not for the assertion of damage claims from non-performance or default, whether it is because that CL cases of willful misconduct or gross negligence. Also part of the exit delay deliveries, a renewed in-default setting is only about a reasonable time limit possible.
§ 6 investigation and reporting responsibility

(1) The buyer is obliged to immediately inform the delivery of goods at the agreed destination or in the case of pickup at their acquisition
a) according to the quantity, weight and packaging to investigate and any objections thereto on the delivery note or bill of lading, and
b) at least at random, representative conduct a quality control to open this to a reasonable extent, the packaging and the goods themselves to check on the external condition.
(2) The notice of defect the buyer, the following procedures and deadlines must be observed:
a) The notification shall be made by the close of business day following the delivery of the goods at the agreed destination or their acquisition. The notice of a hidden defect, according to the initial examination despite proper. is the preceding paragraph (1) initially remained undetected, is a different time scheme under which the complaint has to be made until the expiry of the finding on the following working day at the latest within two weeks after delivery of the goods or their acquisition.
b) The complaint must be within the specified time limits CL in writing or by fax to go in detail. A telephone conversation shall not be made. Complaints against commission agents, brokers or agents shall be disregarded.
c) The notice must the nature and extent of the alleged defect to see clearly.
d) The buyer is obliged to make the defective goods at the test site for inspection by CL, a supplier of CLs and CL commissioned experts to keep.
(3) Complaints in terms of quantity, weight or packaging of goods are excluded, unless there is a lack of the under subparagraphs (1) (a) the required notation on the delivery note or waybill. In addition, complaints are inadmissible when the buyer the goods are mixed, reused, resold or started their working or processing has.
(4) non-positive and timely manner defective goods shall be deemed approved and accepted.
§ 7 Warranty, Limitation of Liability

(1) In form and in due time put forward and justified complaints, the buyer has the right to demand, price reduction, however, to our right to take back the defective goods instead.
(2) Any other rights and entitlements are available to the Purchaser. In particular, CL is liable to the purchaser does not pay compensation for non-performance or poor performance, unless the goods supplied by us is missing one of CL expressly guaranteed feature or page CLs present on intent or gross negligence. In cases of gross negligence, the liability to the contract-typical foreseeable damage is limited. Claims for damages, for whatever legal reason shall expire one year to the extent permitted by law, failing which the statutory limitation period.
(3) The limitation of liability does not apply to liability under the Product Liability Act.
§ 8 Payment

(1) CLs purchase price claims are in payment on account "net cash" and without any deductions immediately upon receipt of invoice, unless other payment terms have been agreed in writing.
(2) checks or drafts CL increases only under special arrangement and only on account of payment. Discount and bill charges shall be borne by the purchaser and shall be due immediately.
(3) If offset the invoice amount is not settled within ten calendar days from the invoice date or to another due date, CL is entitled to charge interest in a proven amount but to calculate the amount of 5% above the base lending rate of the ECB, without the need for a special reminder . The right to claim higher damages incurred. The buyer is at liberty to lead evidence that CL has incurred no or only minor damage.
(4) where, if the buyer no proper business more, will include, without limitation to, a check or bill of exchange is taking place or there is delay in payments or even suspension of payment or asked him for a judicial or extrajudicial proceedings or concerning him or insolvency proceedings or a proceeding under the bankruptcy order is sought, CL entitled to all the demands from the business relationship as immediately payable, even if CL has accepted promissory notes or checks. The same applies if the buyer fails to pay to CL in default or otherwise become aware of circumstances that make his worthiness. In addition, CL is entitled in such a case to demand advance payments or securities or to withdraw from the contract.
(5) The buyer may set off, retention or loss only if the claims of his counterclaims have been legally established or recognized specifically by CL.
§ 9 Retention of title

(1) The goods delivered by CL goods remain the property CLs until full purchase price, provided that the purchaser is a consumer, is it is an entrepreneur, the delivered goods remain property of CLs, to the buyer all the requirements from the business - even has been paid - current account balances as well as refinancing or reverse promissory notes. For the duration of this retention of title, the purchaser of the product: sell (the Goods) or else do not have the ownership of them.
(2) If a third party - in particular bailiff - the reserved goods, the purchaser shall indicate the property CLs and CL informed immediately so that CL can enforce their property rights.
(3) breach of contract by the buyer, especially in case of default, CL is entitled to reclaim the goods, if CL is withdrawn from the contract.
(4) In commercial transactions the subject goods for the duration of retention of title against fire, flood, theft and burglary is to insure. The claims under such insurance policies are assigned to CL, where CL accepts this transfer.
§ 10 Data protection, self-promotion

(1) data from customer and business relationships will be processed permitted under the federal Privacy Act.
(2) CL points out that personal data is stored as part of contract execution and handling of the order will be passed on to companies tied.
(3) CL is allowed to process personal data only for the buyer's own purposes of consulting, advertising or market research and use. The bishop granted in this contract's express consent. These may be revoked at any time in the future.
§ 11 Final provisions

(1) The contract contains all agreements reached.
(2) The law of the Federal Republic of Germany. International Sale of Goods is excluded. This applies particularly to the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) performance for the delivery of the goods of the respective destination.
(4) The provision of these General Conditions shall not affect the validity of the regulations. Ineffective provisions shall be deemed replaced by such valid provisions that are suitable to implement the economic purpose of the deleted provision to the extent possible. The same applies to the existence of gaps.
(5) For the benefit of CLs is Munich all disputes arising under the contract jurisdiction. CL can also choose a different jurisdiction.