§ 1. General
These General Terms and Conditions apply to all business relationships between abatrans GmbH, Lehrer-Götz-Weg 10a, 81825 Munich, represented by its managing director: Ms. Sandra C. Bock (in the following: abatrans GmbH) and the customers in the time of the conclusion of the contract version. Contrary terms and conditions of the customer are hereby expressly objected.
§ 2. delivery and service
a) Service Description
Abatrans GmbH sells used office furniture and carries out removals and transports. In addition to reimbursement are unpredictable benefits and expenses upon conclusion of the contract. The same applies if the scope of service is extended by the customer after the conclusion of the contract.
b) Partial deliveries and service provision by third parties abatrans GmbH is entitled to make partial deliveries if this is reasonable for the customer. In the case of partial deliveries, however, the customers do not incur any additional shipping costs. Abatrans GmbH is entitled to have the contract or parts of the contract fulfilled by third parties.
c) Delivery and service delays
Delivery and service delays due to force majeure and due to extraordinary and unforeseeable events, which can not be prevented by utmost care of abatrans GmbH (this includes in particular strikes, official or court orders and cases of improper or improper self-supply despite pending coverage business) , abatrans GmbH is not responsible. They entitle the abatrans GmbH to postpone the delivery for the duration of the obstructing event. In case of unavailability for abovementioned reasons, abatrans GmbH can withdraw from the contract. Abatrans GmbH undertakes to inform the customer immediately about the unavailability and to reimburse immediately any compensation already paid.
d) Default of acceptance
If the customer falls into arrears with the acceptance of the ordered goods, abatrans GmbH is entitled, after setting a reasonable period of grace, to withdraw from the contract and to claim damages for delay or non-performance. During the default of acceptance, the customer bears the risk of accidental loss or accidental deterioration.
§ 3. liability
Abatrans GmbH and its legal representatives and vicarious agents are liable only for intent or gross negligence. In the event of a grossly negligent breach of non-essential contractual obligations, abatrans GmbH shall only be liable to contractors in the amount of the foreseeable, contract-typical, direct average loss. Insofar as essential contractual obligations (as a consequence of which such obligations are of particular importance for the achievement of the purpose of the contract) are also affected, slight negligence is also liable. The liability is limited to the predictable, contract-typical, direct average damage.
The above disclaimer of liability does not cover liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected by the disclaimer.
§ 4. payment
a) Prices and shipping costs
All prices include VAT. In addition, there are the separately reported costs for packaging, shipping, loading assistance or delivery and, if applicable, assembly, unless collection from the customer is agreed at the registered office of abatrans GmbH in Munich.
b) payment agreement
Payments have, unless otherwise agreed by bank transfer in advance, cash on delivery or debit card payment at the registered office of abatrans in Munich. From the 5th order onwards, payment by invoice is also possible within 10 days from the invoice date.
§ 5. Special conditions for transport and relocation
a) validity of additional terms and conditions
In the case of furniture transport, the General Conditions of German Furniture Carriers for the Transport of Commercial Furniture (ABBH) also apply. For furniture storage the general storage conditions of the German furniture transport (ALB) are agreed. For treatment and transport of works of art and event props the general terms and conditions of the German art forwarders (AB-art) apply. In all other cases, the General German Forwarder Conditions (ADSp 2003) apply in addition.
b) Customer’s obligations
The customer is obligated to inform abatrans GmbH at least 5 working days before carrying out the transport (removal or transport) of all essential factors influencing the execution of the contract. These include in particular the nature, condition, weight and quantity of the goods, technical requirements of the vehicle, any necessary accessories and the deadlines to be met. The sender will provide information on the value of the goods if this is important for the vehicle or accessory to be provided. If the goods deviate significantly from the information provided by the customer in the characteristics indicated above, abatrans GmbH is entitled to increase the agreed remuneration on a pro rata basis.
c) transportation lock
The customer is obliged to carry mobile or electronic parts on highly sensitive devices, e.g. Washing machines, televisions, HIFI equipment, etc. professionally secured for transport. Abatrans GmbH is not obliged to attach and check the correct transport security. As far as the customer is not a consumer i.S.d. § 13 BGB is, this has to provide for a sufficient transport insurance. Abatrans GmbH is not obliged to check the existence of an insurance.
d) cancellation conditions
Cancellation of the services booked by the customer is possible in writing (by email or post). For the timeliness of the cancellation it depends on the access at abatrans GmbH. The cancellation costs are subject to the following provisions. 30% of the agreed invoice amount up to the 5th day before the start of the contract 100% of the agreed invoice amount for a cancellation at the time of less than five days before the agreed contract start.
The customer reserves the right to prove that abatrans GmbH incurred no or lower costs. e) Lien The abatrans GmbH has a lien on the transport or removal goods for all claims arising from the transport or removal contract. Abatrans GmbH may refuse to surrender it until the agreed fee has been paid.
§ 6. Special conditions when buying
a) retention of title
If the customer is an entrepreneur, the goods, works and materials supplied by abatrans GmbH remain the property of abatrans GmbH until the complete fulfillment of all current and future claims arising from the business relationship. With respect to consumers, only the delivered product from the specific contract until full payment of the purchase price remains the property of abatrans GmbH. The customer has the property subject to retention at any time to treat with care. The customer assigns a claim or replacement, which he receives for the damage, destruction or loss of these items, to abatrans GmbH. Unless otherwise agreed below, the customer is not entitled to sell, give away, pledge or assign for security the items delivered under retention of title.
(1) Warranty claim
There are statutory warranty rights. A warranty claim can only arise with regard to the quality of the goods, reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim.
(2) Transfer of risk The risk of accidental loss or deterioration of the goods sold is only transferred to the customer when the goods are handed over.
(3) Warranty for used goods
For used goods, the warranty is 1 year or as far as the buyer is an entrepreneur, the warranty for used goods is excluded. This does not exclude liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected.
§ 7. Final provisions
The exclusive place of jurisdiction for all legal disputes arising from this contract is the place of business of abatrans GmbH in Munich, provided that the customer is a merchant, a legal entity under public law or special fund under public law or if the customer has no place of jurisdiction in the Federal Republic of Germany.
b) choice of law
Insofar as there are no conflicting statutory provisions in accordance with the customer’s home law, German law shall be deemed to be agreed, excluding the UN sales law.
c) Severability clause The invalidity of individual provisions does not affect the validity of the remaining General Terms and Conditions.
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS) available at http://ec.europa.eu/consumers/odr/. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.