TOOLOVA GmbH & Co.
companies entry: county
court HRB 4691
Business Conditions (GBC) of TOOLOVA GmbH & Co. KG
However, the Purchaser is obliged to inform us at our request about the
transferred receivables and its debtors, all the necessary details, to
deliver the corresponding documents to collect the receivable and to notify
the third debtors about the transfer.
§ 6 Warranty
The Purchaser is entitled to warranty claims if he checked the goods immediately after the delivery , as far as this is possible in accordance to the regulations of the business operation, and if notice in writing was given to TOOLOVA immediately after the discovery of the defect or fault. Should the defect or fault appear later, the Purchaser has to give notice in writing immediately after the detection of the defect or fault, otherwise the delivery will be considered as approved even if defect or fault was detected. The paragraphs 377, 378 from the Commerce Trade Regulation Book apply.
As far as a defect or fault that has to be covered by TOOLOVA, we shall have the right to repair, replace or newly provide any parts or services.
If the Purchaser has properly carried out the necessary exami-nations or verification controls in accordance to the regulations, he is entitled to determine a period for the remedy of the defect or the replacement delivery. If the agreed period has not expired, the Purchaser is not entitled to cancel the contract nor to a reduction of the purchase price.
If the adequate period granted to TOOLOVA expires without the defect being remedied, the Purchaser shall have the right to demand cancellation of the contract or a reduction of the purchase price.
Warranty claims are subject to a limitation period of 24 months (B2C) respectively 12 months (B2B) after the transfer of the risk. The period is a limitation period and applies also to claims of replacement of defected item, as far as these claims are not the result of inappropriate handling.
The warranty does not cover natural wear and tear or damage arising, after the transfer of the risk, from faulty or negligent handling, excessive strain, unsuitable equipment, defective workmanship, inappropriate foundation soil or from particular external influences not assumed under the contract. The warranty does not cover modifications or repairs carried out improperly by the Purchaser or by third parties.
§ 7 Liability
Except as provided herein, any other claims for damages of the Purchaser against TOOLOVA shall be excluded regardless of whether they are based on positive breach of contractual obligations, violation of obligations in contract negotiations, breach of warranty, tort or other legal theory. This exclusion should not apply where under the product liability law or in cases of wilful misconduct, of gross negligence, of the absence of warranted characteristics or of the fundamental non-performance of contractual obligations, there is a legally binding liability. However, in case there is a legally binding liability, it shall be limited to the (partial) order value or service in which the damage occurred.
§ 8 Final regulation
If for any reason one of the listed regulations in this General Business Conditions should loose its validity, the effectiveness of the others remains unaffected.
The sole forum for all disputes arising directly or indirectly out of the contract shall be the place of the TOOLOVA´s headquarters. All relations arising out of the contract shall be governed by German law not including the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Dec 19, 2011