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Terms of Service
of the company CAB Laborservice & Handel, owner Thomas Meerwaldt
 

I. Validity of Conditions/Offers

(1) The company CAB Laborservice & Handel (hereinafter "CAB"; also referred to as "we" and "us") is the specialist for repairs, maintenance and the sale of devices for everything to do with grain, food and measurement technology.

CAB also assumes the maintenance, repair and procurement of spare parts for the customer's devices for which the manufacturer of the devices has discontinued its services to the customer. 

(2) The following general terms and conditions apply to contracts concluded between CAB and the customer (hereinafter also referred to as "you" and "you") for all deliveries, services and offers from CAB. CAB objects to any general terms and conditions of the customer, in particular purchasing conditions. The customer's general terms and conditions are not binding on CAB even if CAB does not expressly object to the customer's terms and conditions again after receipt of orders or other references by the customer to its general terms and conditions. 

(3) These GTC apply until CAB amends these GTC with a new version. The current and amended version of the GTC as published by CAB on the homepage then applies.

(4) All parts of CAB's offers are non-binding, unless CAB expressly designates them as binding in text form. This also applies in particular to drawings, illustrations, dimensions, weights or other performance data. 

II. Conclusion of contract

(1) Contracts are concluded with CAB Laborservice & Handel, owner Thomas Meerwaldt, Mühlenweg 3a, 21039 Börnsen. 

(2) Our offers are non-binding. A contract is only concluded with our order confirmation, which we send to the customer in text form. If we do not send an order confirmation to the customer, the contract comes into effect when the service has been rendered in full or after delivery has been made by CAB to the customer. Subsequent changes to the contract require express confirmation by CAB in text form.

(3) CAB reserves the right to deviate from the contractually agreed quality of the goods or their services, insofar as such deviations are customary in the trade or represent a technical improvement. 

(4) The customer must inform CAB of all circumstances that have a significant negative impact on his creditworthiness, in particular payment delays and the customer's inability to pay. If CAB becomes aware of such negative circumstances elsewhere, CAB is entitled to demand advance payments or security deposits from the customer for all existing contractual relationships with CAB within a reasonable period of time. If the customer does not comply with this request within the set period, CAB is entitled to withdraw from the contract. The customer is solely responsible for the costs associated with the withdrawal.

III. Prices

(1) All prices apply in euros from CAB's premises in Börnsen, plus shipping costs shown separately, unless CAB has confirmed a different agreement with the customer regarding shipping costs. The type of packaging and shipping is at CAB's discretion, unless CAB has made a different agreement with the customer. Likewise, all prices do not include the applicable statutory sales tax.

(2) CAB reserves the right to change prices if the customer requests and accepts quantities or services that differ from the agreed scope.

IV. Terms of payment, lump sum for damages

(1) Unless otherwise agreed, CAB's invoices are payable 14 days after the date of the invoice without deductions by bank transfer and without discounts. The day of payment is the day on which CAB can dispose of the invoice amount. Customer payments are always offset against CAB's oldest claims. If the agreed payment periods are exceeded, CAB is entitled to demand interest on arrears at the statutory rate from the customer.

(2) The customer is only entitled to set-off, even if he complains about defects or asserts counterclaims, if the counterclaims have been legally established or recognized by CAB or are undisputed. The customer is only entitled to exercise a right of retention if his counterclaim is based on the same contract with CAB.

(3) The customer may only assign claims from the business relationship with the prior written consent of CAB. 

(4) If CAB is entitled to demand damages from the customer instead of performance, the customer must pay a flat rate of 15% of the contract amount. CAB reserves the right to assert further claims. The customer is permitted to provide evidence that CAB has not suffered any damage or has not incurred damage amounting to a flat rate of 15% of the contract amount. 

V. Delivery/Delivery period

(1) Delivery dates or deadlines that have not been expressly agreed as binding are exclusively non-binding information. If CAB has expressly agreed a delivery date or a deadline with the customer and this has been confirmed by CAB in text form, this begins on the day the order confirmation is sent or after receipt of all documents to be provided by the customer for the execution of the order, if these documents are on the day of the dispatch of the order confirmation CAB is not yet available. Deliveries by CAB are made without insurance cover at the expense and risk of the customer, unless insurance cover or the shipping risk at the expense of CAB is expressly confirmed in the order confirmation.

(2) Delays in delivery and performance due to force majeure, natural disasters, pandemics as well as due to industrial disputes through no fault of their own, or other unforeseeable obstacles to performance through no fault of CAB that cannot be overcome by reasonable expenses to postpone performance disruptions - but for a maximum of four weeks. CAB and the customer are entitled to withdraw from the contract if the aforementioned reasons lead to a deadline extension of more than four weeks; the customer is at liberty to exercise other statutory rights of withdrawal at an earlier point in time - for example due to the omission of the business basis or due to the impossibility of performance by CAB for which CAB is not responsible. 

(3) The delivery or service is subject to self-supply, insofar as CAB has concluded a hedging transaction with third parties for the delivery or service and is not supplied for reasons for which it is not responsible. If the delivery or service from the hedging transaction does not take place within the delivery period, CAB is obliged to inform the customer of this immediately and it is entitled to withdraw from the contract. In the event of withdrawal for the aforementioned reason, CAB is obliged to reimburse the customer for advance payments made. The assertion of claims for damages by the customer due to such a withdrawal is excluded. 

(4) CAB is entitled to provide partial deliveries and partial services to the customer insofar as this is reasonable for the customer. 

(5) If the customer is in default of acceptance, CAB is entitled to demand compensation for the damage incurred and any additional expenses from the customer. CAB is entitled to demand flat-rate damages of 15% from the customer in the event of non-acceptance of the ordered goods. The customer is entitled to provide evidence that CAB suffered less damage than the flat-rate damage; For its part, CAB is entitled to prove that the damage actually incurred due to non-acceptance was higher than the flat-rate damage. 

(6) Upon default of acceptance, the risk of accidental deterioration and accidental loss of the delivery item is transferred to the customer. The risk is also transferred to the customer as soon as deliveries to the customer have left the CAB location in Börnsen.

(7) When goods are returned to CAB, the risk only passes to us as soon as the goods have reached our location in Börnsen undamaged and in good order. Damage to returned goods will be reported to the customer directly by CAB in text form and demand reimbursement of the repair costs or the entire goods if these are irreparable.

VI. call orders

(1) In the case of contracts with continuous deliveries or services by CAB, the customer must inform CAB in text form of call-off quantities and dates when ordering. However, CAB is entitled to deliver or provide the total quantity of the order or the entire commissioned services immediately on the first date, unless the parties have expressly made conflicting agreements in text form. Subsequent changes to the orders by the customer can only be taken into account by CAB if CAB has not yet started providing the goods or services. 

(2) If the customer does not notify CAB of the call-off quantity and the delivery dates in good time, CAB is entitled, after setting the customer an extension of time without result, to determine the quantities and dates for the customer itself or to withdraw from the part of the contract that has not yet been fulfilled and to request a replacement from the customer of the damage incurred by CAB.  

 

VII. Claims for Defects/Liability

(1) If the delivered goods or service by CAB have a defect at the time of delivery or service provision, the customer must specifically describe the corresponding defect and complain in text form immediately after receipt of the goods or service. In the case of hidden defects, the notice period applies immediately after the discovery of hidden defects. Claims for defects based on adjustment and/or the setting of devices according to laboratory values determined using reference methods will not be recognized.

(2) If the customer is also a merchant, the customer's claims for defects only exist if the customer has complied with his obligations to examine and notify CAB in good time, properly and in text form in accordance with Section 377 HGB.

(3) After receipt of the notification of defects, CAB is obliged to remedy the defect at the customer's option. In the case of deliveries of goods, CAB must alternatively deliver a defect-free item to the customer (subsequent performance), unless CAB is entitled to refuse subsequent performance on the basis of statutory regulations. The customer must grant CAB a reasonable period of time for supplementary performance. During the period of supplementary performance, the reduction of CAB's remuneration (reduction), the assertion of claims for damages due to the defect or the withdrawal from the contract by the customer are excluded. The rectification is deemed to have failed after the second unsuccessful attempt. If the supplementary performance by CAB fails, the customer can reduce the payment or withdraw from the contract. The customer can only assert claims for damages under the following conditions against CAB if subsequent performance has failed. The right of the customer to assert further claims for damages according to the following provisions remains unaffected.

(4) If the customer subsequently makes changes to CAB's products or services, the customer's claims for defects shall lapse if the customer's change was a contributory cause of the defect. Likewise, claims for defects do not apply if a defect is due to normal wear and tear or improper use by the customer.

(5) If the customer does not follow CAB's operating or maintenance instructions, if he replaces parts of the delivered goods or uses consumables that do not correspond to CAB's original specifications, the customer's claims for defects shall also lapse if one of these circumstances contributed to the defect Has. 

(6) All of the customer's claims for defects pursuant to this Section VII shall become statute-barred within one year after the delivery of the goods or the complete provision of services by CAB. Mandatory statutory statute of limitations and liability regulations such as liability when accepting a guarantee, liability for fraudulent, intentional and grossly negligent action, for injury to life, limb or health, liability under the Product Liability Act and the regulations on the sale of consumer goods remain unaffected by the above provision. For claims for damages based on grossly negligent or intentional damage caused by CAB, the statutory limitation periods also expressly apply.

(7) CAB is liable for damages - for whatever legal reason - always in cases of intent and gross negligence. In addition, CAB is liable for damage caused by CAB through a simple negligent breach of such contractual obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may trust ("breach of so-called essential contractual obligations"). In this case, however, CAB is only liable if the damage incurred by the customer is typically associated with the contract and is foreseeable. Irrespective of paragraph (8) below, CAB shall not be liable for the simple negligent breach of obligations other than those specified in the preceding sentences.

(8) The limitations of liability in favor of CAB also do not apply if CAB has given a quality and/or durability guarantee with regard to the goods or services or parts thereof within the framework of the guarantee given. However, CAB is only liable for damage that is based on the breach of a given guarantee but does not directly affect the goods or the service provided by CAB if the risk of such damage is clearly covered by the given guarantee.

(9) Insofar as CAB's liability is excluded or limited in accordance with Section VII., this also applies to the personal liability of its representatives, employees and vicarious agents.

VIII. Retention of title

(1) CAB retains ownership of the delivered goods until final and full payment has been made (reserved goods). This retention of title applies until CAB has received all payment claims from the existing business relationship with the customer. The customer must treat CAB's goods with care until the retention of title expires. In addition, he is obliged to insure the goods subject to retention of title against the usual risks at his own expense.

(2) The customer must inform CAB immediately in writing of any access by third parties, in particular enforcement measures and other impairments of his (co-)ownership. The customer must compensate CAB for all damages and costs incurred by CAB as a result of a breach of this obligation and as a result of the necessary legal measures against access by third parties. The customer must immediately take all legal measures to prevent third parties from accessing the reserved goods at his own expense.

(3) If the customer acts in breach of contract - in particular default in payment - CAB is entitled to withdraw from the contract after setting a reasonable deadline and to demand the surrender of the reserved goods and/or, if necessary, to demand the assignment of the customer's claims for surrender against third parties. The taking back of the reserved goods by CAB constitutes a withdrawal from the contract, as does the seizure of the reserved goods by CAB. After taking back the reserved goods, CAB is authorized to sell them; it will offset the proceeds from the sale against the customer's liabilities - less reasonable costs of sale. 

(4) Any processing or transformation of the reserved goods is always carried out for CAB as the manufacturer. If the reserved goods are processed with other items that do not belong to CAB, CAB acquires co-ownership of the new item in the ratio of the value of the reserved goods (total gross invoice price) to the other processed items at the time of processing. If CAB's (co-)ownership expires as a result of combination or mixing, the customer and CAB agree now that the customer's (co-)ownership of the uniform item is transferred to CAB in proportion to the value. The customer keeps the (joint) property of CAB free of charge. 

IX. Patent Infringement/Copyright

(1) If the goods are manufactured and delivered in a design specifically specified by the customer, the customer warrants that CAB’s design does not infringe the rights of third parties, in particular patents, utility models, trademarks and other industrial property rights and copyrights. In such a case, the customer is obliged to indemnify CAB at his own expense against all third-party claims that may arise from such an infringement. 

(2) CAB reserves the right of ownership and copyright to cost estimates, drafts, drawings and other documents; they may only be made accessible to third parties with the prior consent of CAB. Drawings and other documents belonging to offers are to be returned by the customer to CAB at CAB's request. 

X. Applicable law, place of performance, place of jurisdiction and partial invalidity

(1) If the customer is a legal entity, a contract is only concluded if his registered office is in an EU member state or in Switzerland. If CAB determines after the conclusion of the contract that the customer as a legal entity has its registered office in another country, CAB is entitled to withdraw from the contract immediately without compensation.

(2) German law shall apply exclusively to all legal relationships between CAB and the customer, excluding the provisions of the United Nations Convention on the International Sale of Goods dated April 11, 1980 (CISG).

(3) The place of performance for deliveries and services by CAB and the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Lübeck, provided the customer is a merchant, a legal entity under public law or a special fund under public law. 

(4) Should one or more provisions be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The same applies in the event of a loophole.  

 

 

CAB Laborservice & Handel, owner Thomas Meerwaldt

 

Börnsen Status: May 2022

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