1. General information
These general terms and conditions shall apply to all contracts concluded between CBO and its customers, irrespective of their form. Unless expressly stated in writing, the General Terms and Conditions of the Customer shall not be deemed to be contractual, even if CBO does not expressly object to them.
The information contained in offers, brochures, advertisements and similar are non-binding and include an assurance for 14 days. Any contrary terms and conditions of the contracting party shall be deemed to be express locked out. Transfers of rights and obligations of the customer from the purchase contract require the written consent of CBO. Errors excepted.
All prices for products and services are only available in the written offers. Also the packaging and transport costs.
4. Terms of payment
Unless otherwise agreed, the payment target is 14 days net.
Particulary deliveries and partial services are acceptable to the customer. Any partial deliveries and partial deliveries which the customer can reasonably expect in this case as independent delivery and services. The customer can request CBO in writing within four weeks after a binding delivery date or a binding delivery period has been exceeded, to deliver within a reasonable period of time. With this reminder, the CBO is in default. In the event of CBO's default, the customer may also set a reasonable deadline in writing stating that he refuses to accept the purchase item after expiry of the period. After the unsuccessful expiry of the extension period, the customer is entitled to withdraw from the purchase contract by means of a written declaration.
CBO shall not be held responsible for any damage caused by CBO or its subcontractors, in particular work placements, as well as cases of force majeure caused by an unforeseeable and unforeseeable event. As long as the customer is behind the CBO with a liability, the delivery obligation is suspended without the dates or deadlines mentioned in the preceding paragraph beginning to run.
Shipping charges and transport insurance will be charged according to the offer. The dispatch of the goods to a place other than the place of performance shall be at the cost and risk of the customer. The goods are insured by CBO. The choice of the shipping method and the shipping route are determined by the CBO. The customer's specifications are only possible with CBO's written consent.
Freight costs can be adjusted in favor or at the expense of the customer, if substantial changes should occur to these costs up to the date of delivery. The customer is not entitled to rescind the contract in this case.
The customer is obligated to inspect the goods immediately upon arrival and to notify CBO immediately of any transport damage and damage to the packaging. This also applies to hidden damages. If, owing to the omission of this obligation of the CBO claims against the insurance company or its own supplier are lost, the customer is liable for all costs, which are based on this. As soon as the goods leave the CBO warehouse, the risk passes to the customer.
7. Retention of title
CBO shall retain title to the delivered item until all payments under the delivery contract have been received. If the customer does not meet his contractual obligations, in particular in the event of a delay in payment, CBO shall be entitled to take back the delivered item; The customer is obliged to return the item. The withdrawal requirement shall not constitute a withdrawal from the contract, unless CBO had expressly declared this in writing.
The customer is obliged to notify CBO immediately in the event of pledging or other interventions by third parties so that CBO can exercise our rights to the object.
The customer has to inspect the delivered goods immediately upon receipt and immediately inform CBO in writing. The goods may only be returned with the RMA number and with the express consent of CBO. If damage occurs to the delivered goods in the case of a return due to improper packaging, the customer bears the consequences resulting from this. The warranty period corresponds to the period specified in the offer. Any defects occurring during the warranty period shall be communicated to CBO in writing by the customer. The customer is initially only entitled to remedy faults and damage caused by the other parts of the purchased item (rectification). The customer must notify CBO immediately in writing of obvious defects. There are no warranty obligations if the defect is the cause of the improper handling or overuse of the purchased item. Similarly, if parts have been installed which have not been approved by the CBO or if the purchased item has been altered in a manner not authorized by CBO. Similarly, if the customer has not complied with the regulations on the treatment, maintenance and care of the purchased item (e.g., operating instructions). Natural wear is excluded from warranty. The assignment of warranty claims to third parties is also excluded. If the customer sells or delivers the goods delivered by CBO to third parties, he is prohibited from referring to the company CBO due to the related legal and / or contractual warranty claims. Cancellation due to insignificant defects is excluded. If the Customer finds that CBO has lodged a warranty claim and that there is no defect or the claimed defect does not constitute a warranty claim against the CBO, then the customer shall bear the costs of returning the goods.
All returns can only be processed with an assigned RMA number. Unfree shipments are not accepted by CBO. For the dispatch of items to the company CBO the customer bears the shipping costs and the danger until the arrival in the warehouse of the company CBO.
The liability of the legal representatives, vicarious agents and employees of the CBO against the customer is excluded, except in cases of intent and gross negligence. In the event of a claim by CBO due to warranty claims or other liability, the customer's negligence shall be adequately taken into account, in particular in the case of insufficient observation of errors or non-timely notification of defects.
11. Applicable law
The law of the Federal Republic of Germany applies to these terms and conditions as well as the business relations between CBO and customers. Other national laws are precluded as well international sales laws.
12. Place of performance, court of jurisdiction
Place of performance is the seat of the CBO. For all present and future claims arising from the business relationship with merchants exclusive jurisdiction is the seat of the CBO. The same jurisdiction shall apply where the customer does not have a general court of jurisdiction within the territory of the country, after the conclusion of the contract his domicile or habitual residence is removed from the country of domicile or his domicile or usual place of abode is not known at the time the action is brought.
13. Data Protection
Without your express consent, your data will only be used for the processing of your order and will be stored via EDP system within the framework of the business relationship. A transfer of your data to companies commissioned with the delivery takes place only insofar as the order processing makes this necessary. Otherwise the data will be strictly confidential and will not be made available to third parties.
The invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. Contract additions will only be effective if confirmed in writing. The customer may assign his rights from the business relationship only with the prior written consent of CBO.