General Terms and Conditions
§ 1 Validity
(1) The company BOEHM-INNOVATION is named "company" in the following and its contract partner "customer"
(2) The company will deliver any services only based on these General Terms and Conditions. Deviating or substituting terms and conditions of the customer are only valid, if they were explicitly acknowledged by the company. The fulfilling of the contract without reserve does not mean that the company agreed to those additional terms and conditions of the customer.
(3) These sales and delivery conditions are only valid towards companies that fall under § 310 1 BGB.

§ 2 Contract Conclusion
(1) All offers of the company are subject to confirmation, unless offer states differently.
(2) The order of the customer is binding. The customer is bound to his order for 10 days starting from receipt of this order at the company.

§3 Payment, Delay of Payment
(1) If nothing else stated in the order confirmation the prices of the company are valid ex warehouse. All prices are without VAT which must be added according to its actual legal amount. The price does not include packaging cost, transportation cost, postage and other distribution cost.
(2) Invoices of the company are due immediately without any deduction as soon as invoice was sent, unless any other payment date was mentioned on the invoice.
If there is no other payment date mentioned on the invoice, the payment of the customer is considered delayed without reminder, if the customer has not paid the invoiced amount within 14 days after the invoice was received.
Checks and drafts are only accepted if individually agreed in writing and are only accepted for payment purposes while all discount charges are billed as well and must be paid immediately in cash.
Check and draft returns are only valid after payment was honored.

§4 Delivery, Delay of Delivery
(1) Delivery dates and delivery deadlines, which can be agreed binding or non-binding, must be stated in writing. If there are additional agreements according to delivery times it is necessary to agree upon new delivery times or dates in writing.
(2) Delays because of act of god - this also means events, that make it very difficult or impossible for the company to deliver, like strike, lockout, official directive, etc., are not covered by the company, if not at fault, even if delivery times and dates were fixed contractually. You will entitle the company to prolong or interrupt the delivery time according to the time of the obstruction plus an adequate additional time for restart.
(3) In case of delay of delivery the legal regulations are valid. The customer can only withdraw from contract provided that the company has violated its obligations. An eventual damage which occurred because of delay of delivery will only be refunded in accordance to the delivery price of the item; this limitation is not valid if the company failed with intent or by gross negligence or in case of physical injury.
(4) The company is entitled to retain the vehicle registration which belongs to the item until total payment was received.

§5 Passing of Risk
(1) The risk passes to the customer as soon as the item is dispatched from the company premises, also if only partial deliveries were sent. If customer whishes, the sending will be insured against theft or other insurable risks.
(2) If dispatch is delayed because of circumstances the customer caused, the risk passes on to the customer at the date when the item was ready for dispatch.
(3) Partial deliveries are possible.

§6 Regulations for Defects
(1) The limitation period for defects of an item is 1 year. It starts with the dispatch of the item. This does not count if the law § 479 BGB prescribes different time limits.
(2) The customer must point out obvious defects as soon as the item is delivered, meaning as soon as the item was delivered by the forwarder or delivery service on his premises but latest until the end of business of the 7th working day.
(3) All delivered vehicles or parts of vehicles must by choice of the company either be repaired or newly delivered within an agreed time limit and free of charge, if there was a defect of item in line with point (1) and within the limitation period for defects. Access must always be granted to the company to fulfill its obligations to repair within an appropriate time.
If the item cannot be repaired the customer can withdraw from contract without any damage on his side or can lower payment.
(4) Wear and tear of item or damages which occurred after the passing of the risk cannot be claimed as defects,
a) If item was used incorrectly or careless, especially if the delivered item was assembled incorrectly by the customer.
b) If there was great abuse and incorrect use of item and use against the instructions of the operations manual
c) If non-suitable operational means are used or extraordinary outside influences occur, which have not been taken into account by the contract in the first place. If changes or guarantee or repair work was carried out by the customer or other not by the company ordered technicians no claims can be made if defects are tried to be repaired or if defects result from this work.
Claims of the customer concerning transportation -, driving -, working -, material cost which occurred in order to repair defects cannot be claimed by the customer, because the item of delivery was afterwards taken to another place but the delivery place.
(5) For further liability of the company, especially for claims for damages § 7 is valid. Further or other claims of the customer towards the company and its assistants which are regulated in pts.1 - 4 concerning defects of item are excluded.

§7 Liability, Compensation
(1) The company is only liable, irrespective of cause of law, if the damage is caused by
a) Culpable damage of a contractual obligation which would endanger to reach the contractual purpose, or
b) Gross negligence or intent, or if a characteristic of item was guaranteed, or if company is liable for physical damage.
(2) If the company is liable in line with § 7 pt. (1) a) for the violation of a contractual obligation without the fact that gross negligence or intent exist or, if the company is liable for physical injury or because a characteristic of an item was guaranteed, the liability is limited to that extend the company could estimate at the time of contract conclusion.
(3) The company is not liable for escaped profits, indirect damages, and subsequent damages, unless intent or gross negligence occurred or if the company is liable for physical injuries or a guaranteed characteristic of the item.
(4) The above limitations of liability are in line with § 7 pts. (1)— (3) and are also valid for our employees and other ordered personnel of the company.
(5) A possible liability of the company in line with the product liability act stays untouched.

§8 Conditional Sale
(1) The delivered item stays property of the company until payment of all receivables, irrespective of cause of law, until all drafts and checks were honored, also if the price was paid for special marked receivables. If there are open bills the retained property functions as security for the receivable.
(2) The receivables of the customer out of the resale of the conditional sale will already at this point in time be used to ensure all receivables of the business relation, no matter if the conditional sale was sold with or without additional work or if it was sold to one or more buyers.
(3) The customer is only entitled to resell the item based on a sales-, works- , works delivery - or similar contract, if the receivable from the resale passes on to the company. Besides that the customer is not entitled to use the conditional sale item. The customer is obliged to inform the third party buyer about the fact that the receivable is transferred to the company, if the company requires so.
(4) If the value of the collateral exceeds the receivables by more than 20% in total, the company is obliged to release by the company chosen collateral if customer or a third party buyer requires so, since disadvantages because of over securing could occur to customer and third party buyer.
(5) Customer must inform company immediately, if
(a) Third party claims collateral of the company, which affects or endangers the property and/or the indirect property of the company by confiscating, arrest, distrait, executing the lien of the landlord, or similar sanctions,
b) A third party or the customer himself ordered an insolvencies proceeding concerning his assets or if an arrangement in bankruptcy out of court is intended.

§9 Data Protection
Herewith the customer is instructed in line with § 33 pt. 1 of the federal data protection act that the company processes mechanically his personal data in machine reading condition for tasks, which result from the contract.

§10 Right of Retention
(1) Towards claims of the company the customer can only offset indisputable, legally confirmed or by the company agreed claims.
(2) The customer is only entitled to assertion the right of retention
if there are counterclaims resulting from the concluded contract.

§ 11 Jurisdiction, applicable Law
(1) Jurisdiction for possible legal dispute from or in connection with this contract is München (Germany). The same jurisdiction is valid, if the customer does not have an overall jurisdiction inside this country or if he moves his residence to an outside country after contract conclusion or if his residence or center of living is unknown at the time of lawsuit.
Each contract partner is also entitled to sue the other at the place of jurisdiction which is generally valid for him.
(2) Exclusively the German law under exclusion of the UN Sales Law is valid.

§ 12 Final Regulations
(1) All agreements, side agreements and assurances, as well as additional agreements afterwards must be in writing.
(2) If a regulation of this contract or the General Delivery Terms is invalid or will become invalid, the validity of all the other regulations stays untouched.
In this case the parties will agree to a regulation, which covers the purpose of the contract most exact and which resembles the closest the invalid regulation.