{"id":90,"date":"2026-07-07T18:28:31","date_gmt":"2026-07-07T18:28:31","guid":{"rendered":"https:\/\/lingenberg.flx-wip.de\/agb\/"},"modified":"2026-07-15T17:05:06","modified_gmt":"2026-07-15T17:05:06","slug":"agb","status":"publish","type":"page","link":"https:\/\/lingenberg-gmbh.de\/en\/agb\/","title":{"rendered":"General terms and conditions"},"content":{"rendered":"

General terms and conditions of purchase and sale<\/h2>\n\n\n\n

\u00a7 1 Scope of application, form<\/strong><\/h3>\n\n\n\n

(1) The present General Purchasing Conditions (GC) apply to all business relationships with our business partners and suppliers (\u201eSeller\u201c). The GC apply only if the Seller is an entrepreneur (\u00a7 14 BGB), a legal person governed by public law, or a special public-law entity.<\/p>\n\n\n\n

(2) The AEB apply in particular to contracts for the sale and\/or delivery of movable goods (\u201egoods\u201c), regardless of whether the seller manufactures the goods himself or purchases them from suppliers (\u00a7\u00a7 433, 651 BGB). Unless otherwise agreed, the AEB shall apply in the version valid at the time of the buyer\u2019s order or at least in the version communicated to the buyer in text form last, as a framework agreement also to similar future contracts, without us having to again refer to them in each individual case.<\/p>\n\n\n\n

(3) These AEB apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the seller shall only be part of the contract if we have expressly agreed to their validity in writing. This requirement of consent applies in any case, for example also when we, having been informed of the seller\u2019s general terms and conditions, unconditionally accept its deliveries.<\/p>\n\n\n\n

(4) Individual agreements reached in individual cases with the seller (including additional agreements, amendments and changes) shall in any case take precedence over these GTC. The content of such agreements shall, subject to proof to the contrary, be governed by a written contract or our written confirmation.<\/p>\n\n\n\n

(5) Legal notices and notices from the seller regarding the contract (e.g., deadlines, reminders, withdrawal) must be submitted in writing, i.e., in written or textual form (e.g., letter, email, fax). Legal requirements and other evidence remain unaffected, especially in cases of doubt regarding the legitimacy of the declarant.<\/p>\n\n\n\n

(6) Indications of the applicability of legal regulations have only a clarifying effect. Therefore, the legal regulations apply without such clarification, insofar as they are not directly modified or expressly excluded in this AEB.<\/p>\n\n\n\n

Section 2 Conclusion of the contract<\/strong><\/h3>\n\n\n\n

(1) Our order shall be deemed binding at the earliest with written acceptance or confirmation. The seller shall point out any obvious errors (e.g., typing and calculation errors) and omissions in the order, including the order documents, to us for correction or completion before acceptance; otherwise the contract shall be deemed not concluded.<\/p>\n\n\n\n

(2) The seller is obliged to confirm our order in writing within 3 days or to perform the order unconditionally, in particular by sending the goods (acceptance).<\/p>\n\n\n\n

A late acceptance is considered a new offer and requires our acceptance.<\/p>\n\n\n\n

\u00a7 3 Delivery time and delay in delivery<\/strong><\/h3>\n\n\n\n

(1) The delivery time specified by us in the order is binding. If the delivery time is not specified in the order and has not been agreed otherwise, it is usually 3 weeks from the conclusion of the contract. The seller is obliged to notify us immediately in writing if it is expected that it will not be able to meet agreed delivery times for any reason whatsoever.<\/p>\n\n\n\n

(2) If the seller fails to perform his obligations or fails to deliver within the agreed delivery period, or if he is in default, our rights \u2013 in particular regarding withdrawal and damages \u2013 shall be determined in accordance with the statutory provisions. The provisions in paragraph 3 shall remain unaffected.<\/p>\n\n\n\n

(3) If the seller is in default, we may \u2013 in addition to further legal claims \u2013 demand a lump-sum compensation for our default in the amount of 1% % of the net price per completed calendar week, but in any case not more than 5% % of the net price of the late-delivered goods. It is our prerogative to prove that a higher damage has occurred. The seller reserves the right to prove that no damage at all has occurred or only a significantly lower damage.<\/p>\n\n\n\n

\u00a7 4 Performance, Delivery, Transfer of Risk, Delay in Acceptance<\/strong><\/h3>\n\n\n\n

(1) The seller is not entitled, without our prior written consent, to have the performance owed by him performed by third parties (e.g., subcontractors). The seller bears the procurement risk for its services unless otherwise agreed in the individual case (e.g., limitation to stock).<\/p>\n\n\n\n

(2) Delivery is made within Germany \u201efree of charge\u201c to the location specified in the order. If the destination is not specified and nothing else is agreed upon, the delivery must be made to our business premises in Altena. The respective destination is also the place of performance for the delivery and any subsequent performance (bring-in charge).<\/p>\n\n\n\n

(3) The delivery must be accompanied by a delivery note indicating the date (date of issue and shipment), the contents of the delivery (article number and quantity), and our order number (date and number). If the delivery note is missing or incomplete, we shall not be liable for any resulting delays in processing or payment. A corresponding shipping notification with the same content must be sent separately from the delivery note.<\/p>\n\n\n\n

(4) The risk of accidental destruction and accidental deterioration of the item passes to us upon delivery at the place of performance. To the extent that a purchase agreement has been agreed upon, the purchase agreement is decisive for the transfer of risk. Furthermore, the statutory provisions of contract law apply mutatis mutandis to any purchase agreement. The transfer of risk and acceptance of the item are equivalent if we are in default of acceptance.<\/p>\n\n\n\n

(5) The statutory provisions apply to the occurrence of our default in acceptance. However, the seller must also explicitly offer us his performance if a specific or determinable calendar period has been agreed for an action or participation on our part (e.g., provision of material). Should we fall into default in acceptance, the seller may, in accordance with the statutory provisions, demand compensation for his additional expenses (\u00a7 304 BGB). If the contract concerns an item that the seller is required to produce (custom-made items), the seller is entitled to further rights only if we have agreed to participate and the failure to participate is attributable to us.<\/p>\n\n\n\n

\u00a7 5 Prices and payment terms<\/strong><\/h3>\n\n\n\n

(1) The price stated in the order is binding. All prices are inclusive of statutory sales tax, unless otherwise specified.<\/p>\n\n\n\n

(2) Unless otherwise agreed in individual cases, the price includes all of the seller\u2019s services and additional benefits (e.g., installation), as well as all associated costs (e.g., proper packaging, transportation costs, including any possible transport and liability insurance).<\/p>\n\n\n\n

(3) The agreed price is due within 30 calendar days after full delivery and performance (including any agreed acceptance), as well as receipt of a proper invoice for payment. If we make payment within 14 calendar days, the seller grants us 3 % discounts on the net amount of the invoice. For bank transfers, payment must be made in a timely manner if our transfer order is received by our bank before the payment deadline; we are not responsible for delays caused by the banks involved in the payment process.<\/p>\n\n\n\n

(4) We do not owe any interest on overdue payments. The statutory regulations apply to late payment.<\/p>\n\n\n\n

(5) Our rights of set-off and retention of title, as well as the plea of non-performance of the contract, are available to us to the fullest extent permitted by law. In particular, we are entitled to withhold payments due until we still have claims arising from incomplete or defective performance against the seller.<\/p>\n\n\n\n

(6) The seller has a right of set-off or retention of title only in respect of legally established or undisputed counterclaims.<\/p>\n\n\n\n

\u00a7 6 Confidentiality and property reservation<\/strong><\/h3>\n\n\n\n

(1) We reserve ownership and copyright rights in all illustrations, plans, drawings, calculations, instructions for execution, product descriptions and other documents. Such documents are intended solely for the contractual performance and must be returned to us upon completion of the contract. The documents must be kept secret from third parties, even after the contract has ended. The obligation to maintain secrecy only becomes effective when and insofar as the knowledge contained in the documents provided becomes generally known.<\/p>\n\n\n\n

(2) The above provision applies accordingly to substances and materials (e.g., software, finished and semi-finished products) as well as to tools, templates, samples and other items that we provide to the Seller for production. Such items must be stored separately at the Seller\u2019s expense until they are processed and properly insured against destruction and loss.<\/p>\n\n\n\n

(3) Any processing, mixing or combination (further processing) of the items supplied by the seller is carried out for us. The same applies to the further processing of the delivered goods by us, meaning that we are considered the manufacturer and acquire ownership of the product at the latest upon further processing in accordance with the statutory regulations.<\/p>\n\n\n\n

(4) The transfer of ownership of the goods to us must be carried out without regard to payment of the price. However, if we accept, in individual cases, a transfer of ownership offered by the seller as a condition of payment of the price, the seller\u2019s ownership reservation shall lapse at the latest upon payment of the purchase price for the delivered goods. We remain bound by the proper course of business even before payment of the purchase price for the resale of the goods, subject to the assignment of the resulting claim (alternative application of the simple and extended ownership reservation to the resale). In this case, all other forms of ownership reservation are excluded, in particular the extended, the transferred, and the extended ownership reservation that extends beyond further processing.<\/p>\n\n\n\n

\u00a7 7 Defective delivery<\/strong><\/h3>\n\n\n\n

(1) Our rights in respect of material and legal defects in the goods (including incorrect or incomplete delivery as well as improper assembly, defective assembly, operating or user instructions) and other breaches of duty by the seller shall be governed by the statutory provisions, unless otherwise specified below.<\/p>\n\n\n\n

(2) According to the statutory provisions, the seller is particularly liable for ensuring that the goods possess the agreed quality upon transfer of risk to us. In any case, the product descriptions that are the subject of the respective contract \u2013 especially through designation or reference in our order \u2013 or that have been included in the contract in the same way as these AEB constitute the agreement regarding the quality. This does not make any difference whether the product description originates from us, the seller, or the manufacturer.<\/p>\n\n\n\n

(3) By way of derogation from \u00a7 442, paragraph 1, item 2 of the BGB, we are fully entitled to claim damages even if the defect was unknown to us at the time of the contract conclusion due to gross negligence.<\/p>\n\n\n\n

(4) The statutory provisions (\u00a7\u00a7 377, 381 HGB) apply to the commercial investigation and complaint obligation, with the following proviso: Our investigation obligation is limited to defects that become apparent during our incoming goods inspection under external inspection, including the delivery documents (e.g., transport damage, incorrect or missing delivery), or during our quality control in a random sampling procedure. As far as a withdrawal has been agreed upon, there is no investigation obligation. Furthermore, it depends on whether an investigation is feasible in light of the circumstances of the individual case, in accordance with proper business procedures. Our complaint obligation for defects discovered later remains unaffected. Without prejudice to our investigation obligation, our complaint (notice of defect) shall in any case be deemed immediate and timely if it is submitted within 5 working days of discovery or, in the case of obvious defects, upon delivery.<\/p>\n\n\n\n

(5) The remedy of rectification also includes the repair of the defective product and its re-installation, provided that the product was installed in accordance with its intended purpose into another item. The costs incurred by the seller for the purpose of examining and rectifying the defect (including any costs of repair and installation) shall be borne by the seller even if it turns out that no defect actually existed. Our liability for damages in the event of an unauthorized claim for rectification remains unaffected; in such cases, we shall only be liable if we have recognized or grossly negligently failed to recognize that no defect existed.<\/p>\n\n\n\n

(6) If the seller fails to fulfill his obligation to provide subsequent performance \u2013 at our discretion by remedying the defect (remedy) or by delivering a defect-free item (replacement delivery) \u2013 within a reasonable period of time set by us, we may ourselves remedy the defect and demand from the seller compensation for the necessary expenses or an appropriate advance. If the subsequent performance by the seller fails or is unreasonable for us (e.g., due to special urgency, risk to operational safety, or imminent occurrence of disproportionate damage), no period of time is required; we will immediately notify the seller of such circumstances, if possible in advance.<\/p>\n\n\n\n

(7) Furthermore, we are entitled to claim a reduction in the purchase price or to withdraw from the contract in accordance with the statutory provisions in the event of a material or legal defect. Furthermore, we are entitled to claim damages and reimbursement of expenses in accordance with the statutory provisions.<\/p>\n\n\n\n

\u00a7 8 Supplier recourse<\/strong><\/h3>\n\n\n\n

(1) Our statutory claims of recourse within a supply chain (supplier recourse pursuant to \u00a7\u00a7 478, 479 BGB) are without restriction in addition to the defects claims. We are particularly entitled to demand from the seller exactly the type of additional performance (repair or replacement delivery) that we owe our customer in a specific case. Our statutory right of choice (section 439(1) BGB) is hereby not restricted.<\/p>\n\n\n\n

(2) Before we acknowledge or fulfill a claim for a defect asserted by our customer (including reimbursement of expenses pursuant to \u00a7\u00a7 478(2), 439(2) of the German Civil Code), we will notify the seller and request a written response after a brief explanation of the facts. If the response is not provided within a reasonable period and no mutually agreed solution is reached, the defect claim actually granted by us shall be deemed due to our customer; in this case, the burden of proof rests with the seller.<\/p>\n\n\n\n

(3) Our claims arising from supplier recourse also apply if the goods have been further processed before their sale to a consumer by us or one of our purchasers, e.g. by being incorporated into another product.<\/p>\n\n\n\n

\u00a7 9 Producer liability<\/strong><\/h3>\n\n\n\n

(1) If the seller is liable for product damage, he must indemnify us against claims by third parties to the extent that the cause lies within his sphere of control and organization and he is personally liable in external relations.<\/p>\n\n\n\n

(2) As part of its obligation to provide information, the seller is required to reimburse expenses pursuant to \u00a7\u00a7 683 and 670 of the German Civil Code (BGB) resulting from or in connection with the use of third parties, including calls by us to inform customers about products and services. We will inform the seller \u2013 insofar as possible and reasonable \u2013 about the content and scope of the recall measures and will give them the opportunity to comment. Further legal claims remain unaffected.<\/p>\n\n\n\n

(3) The seller must conclude and maintain product liability insurance with a lump-sum coverage amount of at least EUR 10 million per personal\/property damage claim.<\/p>\n\n\n\n

Section 10 Limitation period<\/strong><\/h3>\n\n\n\n

(1) The reciprocal claims of the contracting parties shall be time-barred according to the statutory regulations, unless otherwise specified below.<\/p>\n\n\n\n

(2) By way of derogation from \u00a7 438, paragraph 1, item 3 of the German Civil Code, the general limitation period for claims for defects is 3 years from the moment of transfer of risk. If a purchase agreement has been concluded, the limitation period begins upon the purchase. The 3-year limitation period also applies to claims for defects, without prejudice to the statutory limitation period for third-party claims for delivery of goods (\u00a7 438, paragraph 1, item 1 of the German Civil Code); furthermore, claims for defects shall not expire in any case as long as the third party can still assert the right \u2013 especially in the absence of limitation \u2013 against us.<\/p>\n\n\n\n

(3) The limitation periods for the purchase rights, including the aforementioned extension, apply \u2013 to the extent permitted by law \u2013 to all contractual claims for damages. To the extent that we are entitled to non-contractual claims for damages due to a defect, the regular statutory limitation period (\u00a7\u00a7 195, 199 BGB) applies, unless the application of the limitation periods for the purchase rights in a specific case results in a longer limitation period.<\/p>\n\n\n\n

\u00a7 11 Choice of law and place of jurisdiction<\/strong><\/h3>\n\n\n\n

(1) For this AEB and the contractual relationship between us and the seller, the law of the Federal Republic of Germany applies, to the exclusion of international uniform law, in particular the UN Sales Law.<\/p>\n\n\n\n

(2) If the seller is a merchant within the meaning of the German Commercial Code, a legal person under public law, or a special public-law entity, the exclusive \u2013 also international \u2013 place of jurisdiction for all disputes arising from the contractual relationship shall be our registered office in Altena. The same applies if the buyer is an entrepreneur within the meaning of \u00a7 14 BGB. However, in all cases we are also entitled to bring an action at the place of performance of the delivery obligation under these AEB or a prior individual agreement or at the general place of jurisdiction of the seller. Precedence of statutory provisions, in particular regarding exclusive jurisdiction, remains unaffected.<\/p>\n\n\n\n

General sales terms<\/h2>\n\n\n\n

\u00a7 1 Scope of application, form<\/strong><\/h3>\n\n\n\n

(1) The present General Terms and Conditions of Sale (GTC) apply to all our business relationships with our customers (\u201ePurchaser\u201c). The GTC only apply if the Purchaser is an entrepreneur (\u00a7 14 BGB), a legal person governed by public law, or a special public-law entity.<\/p>\n\n\n\n

(2) The AVB apply in particular to contracts for the sale and\/or delivery of movable goods (\u201egoods\u201c), regardless of whether we manufacture the goods ourselves or purchase them from suppliers (\u00a7\u00a7 433, 651 BGB). Unless otherwise agreed, the AVB, in the version applicable at the time of the buyer\u2019s order, or at least in the version last communicated to him in text form, shall also apply as the framework agreement for similar future contracts, without us having to refer to them again in each individual case.<\/p>\n\n\n\n

(3) Our GTCs apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the buyer shall only be part of the contract if we have expressly agreed to their validity. This requirement of consent applies in any case, for example also when, in the knowledge of the buyer\u2019s GTCs, we unconditionally perform the delivery to him.<\/p>\n\n\n\n

(4) Individual agreements reached in individual cases with the buyer (including additional agreements, amendments and changes) shall in any case take precedence over these GTC. The content of such agreements shall be governed by a written contract or our written confirmation, subject to proof to the contrary.<\/p>\n\n\n\n

(5) Legal declarations and notices of the buyer regarding the contract (e.g., setting a deadline, defect notice, withdrawal or reduction) must be submitted in writing, i.e., in written or textual form (e.g., letter, email, fax). Legal form requirements and other evidence remain unaffected, especially in case of doubts regarding the legitimacy of the declarant.<\/p>\n\n\n\n

(6) Indications of the applicability of legal regulations have only a clarifying effect. Therefore, the legal regulations apply without such clarification, insofar as they are not directly modified or expressly excluded in these GTC.<\/p>\n\n\n\n

Section 2 Conclusion of the contract<\/strong><\/h3>\n\n\n\n

(1) Our offers are non-binding and non-binding. This also applies if we have provided the buyer with catalogs, technical documentation (e.g., drawings, plans, calculations, calculations, references to DIN standards), other product descriptions or documents \u2013 also in electronic form \u2013 over which we reserve ownership and copyright rights.<\/p>\n\n\n\n

(2) The buyer\u2019s order for the goods constitutes a binding offer to conclude a contract. Unless otherwise stated in the order, we are entitled to accept this offer within 3 weeks of its receipt.<\/p>\n\n\n\n

(3) The acceptance can be declared either in writing (e.g. by order confirmation) or by delivering the goods to the buyer.<\/p>\n\n\n\n

\u00a7 3 Delivery deadline and delay in delivery<\/strong><\/h3>\n\n\n\n

(1) The delivery time is agreed individually or stated by us when accepting the order. If this is not the case, the delivery time is approximately 4-5 weeks from the conclusion of the contract.<\/p>\n\n\n\n

(2) If we are unable to meet the binding delivery deadlines for reasons beyond our control (inability to deliver the product), we will inform the buyer immediately and simultaneously notify the expected new delivery deadline. If the product is not available within the new delivery deadline, we are entitled to withdraw from the contract in whole or in part; we will immediately refund the buyer\u2019s already provided consideration. In this sense, the failure to deliver the product shall be considered to be a case of non-performance, in particular if our supplier fails to deliver in a timely manner, if we have concluded a corresponding supply agreement, if neither we nor our supplier is at fault, or if we are not obligated to procure the product in individual cases.<\/p>\n\n\n\n

(3) The entry into force of our delivery delay is determined by the legal regulations. In any case, a reminder by the buyer is required. If we are in delivery delay, the buyer may demand a lump-sum compensation for his damages. The lump-sum compensation amounts to 0.5% of the net price (delivery value) for each completed calendar week of delay, but in total not more than 5% of the delivery value of the belatedly delivered goods. We reserve the right to prove that the buyer has not suffered any damage at all or only a significantly lower damage than the aforementioned lump-sum compensation.<\/p>\n\n\n\n

(4) The buyer's rights under \u00a7 8 of these GTC and our legal rights, in particular in the event of a failure to fulfill the obligation (e.g., due to impossibility or unsuitability of the performance and\/or subsequent performance), remain unaffected.<\/p>\n\n\n\n

\u00a7 4 Delivery, Transfer of Risk, Receipt, Delay in Acceptance<\/strong><\/h3>\n\n\n\n

(1) Delivery takes place from stock, where the place of performance for delivery and any subsequent performance is also located. Upon request and at the buyer\u2019s expense, the goods are shipped to another destination (purchase of shipping). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging).<\/p>\n\n\n\n

(2) The risk of accidental destruction and accidental deterioration of the goods passes to the buyer at the latest upon delivery. However, in the case of a shipment purchase, the risk of accidental destruction and accidental deterioration of the goods as well as the risk of delay pass over to the buyer upon delivery of the goods to the freight forwarder, carrier or other person or entity designated for the execution of the shipment. To the extent an acceptance has been agreed upon, this is decisive for the transfer of risk. Furthermore, the statutory provisions of contract law apply mutatis mutandis to an agreed acceptance. The transfer or acceptance is deemed to have taken place even if the buyer is in default of acceptance.<\/p>\n\n\n\n

(3) If the buyer fails to comply with their acceptance obligations, fails to take any action to cooperate, or delays our delivery for other reasons attributable to the buyer, we are entitled to demand compensation for the resulting damage, including additional costs (e.g., storage costs). For this purpose, we charge a flat fee of 0.5% % of the net price per calendar day, starting with the delivery deadline or \u2013 in the absence of a delivery deadline \u2013 with the notification of the goods\u2019 readiness for shipment, but in any event no more than 5% % of the net price in the event of a final refusal to accept the goods. <\/p>\n\n\n\n

The proof of higher damage and our legal claims (in particular reimbursement of additional expenses, appropriate compensation, termination of the contract) remain unaffected; however, the flat fee is to be applied to further claims for damages. The buyer is permitted to prove that we have incurred no or only a significantly lower amount of damage than the aforementioned flat fee.<\/p>\n\n\n\n

\u00a7 5 Prices and payment terms<\/strong><\/h3>\n\n\n\n

(1) Unless otherwise agreed in individual cases, our current prices, as applicable at the time of contract conclusion, apply, and these prices are exclusive of statutory value-added tax.<\/p>\n\n\n\n

(2) In the case of a shipping purchase (\u00a7 4, paragraph 1), the buyer is responsible for the transport costs from the warehouse and the costs of any transport insurance requested by the buyer. Unless we invoice the actual transport costs incurred in a specific case, a flat-rate transport cost (including transport insurance only) is considered agreed. Any duties, fees, taxes and other public charges are borne by the buyer.<\/p>\n\n\n\n

(3) The purchase price is due and payable within 30 days net or within 10 days with 3 % discounts from invoice date and delivery or acceptance of the goods. However, we are at all times entitled, even within the framework of an ongoing business relationship, to deliver in whole or in part only against advance payment. We declare a corresponding reservation no later than with the order confirmation.<\/p>\n\n\n\n

(4) Upon the expiration of the aforementioned payment period, the buyer is in default. The purchase price must be paid at the applicable statutory default interest rate during the default period. We reserve the right to claim further default damages. Our claim against merchants remains unaffected by the commercial default interest (\u00a7 353 HGB).<\/p>\n\n\n\n

(5) The buyer is only entitled to set-off or retention of title rights insofar as its claim has been legally established or is undisputed. In the event of defects in the delivery, the buyer\u2019s other rights, in particular pursuant to \u00a7 7, paragraph 6, sentence 2 of these GTC, remain unaffected.<\/p>\n\n\n\n

(6) If it becomes apparent after the conclusion of the contract (e.g., by a request to initiate insolvency proceedings) that our claim for the purchase price is jeopardized by the buyer\u2019s lack of ability to perform, we are entitled, in accordance with the statutory provisions on the refusal of performance and \u2013 if required \u2013 upon the expiration of a deadline \u2013 to terminate the contract (\u00a7 321 BGB). In the case of contracts for the production of unredeemable goods (custom-made products), we may immediately declare the termination; the statutory provisions regarding the expiration of the deadline remain unaffected.<\/p>\n\n\n\n

Section 6: Reservation of ownership<\/strong><\/h3>\n\n\n\n

(1) Until all of our current and future claims arising from the purchase contract and an ongoing business relationship (secured claims) have been fully paid, we retain ownership of the sold goods.<\/p>\n\n\n\n

(2) The goods subject to retention of title may not be pledged to third parties or transferred as security before the secured claims have been fully paid. The buyer must immediately notify us in writing if an application is made to initiate insolvency proceedings or if third parties (e.g., liens) take possession of the goods belonging to us.<\/p>\n\n\n\n

(3) In the event of the buyer\u2019s breach of contract, particularly in the event of non-payment of the due purchase price, we are entitled to withdraw from the contract under the statutory provisions or to demand that the goods be returned based on the retention of title. The demand for return does not include the declaration of withdrawal at the same time; we are instead entitled to demand only the return of the goods and to reserve our right to withdraw. If the buyer fails to pay the due purchase price, we may only exercise these rights if we have previously unsuccessfully given the buyer a reasonable period to pay or such a period of notice is not required under the statutory provisions.<\/p>\n\n\n\n

(4) The buyer is entitled, subject to revocation as described below (c), to continue to sell and\/or process the goods subject to retention of title in accordance with the ordinary course of business. In this case, the following provisions shall apply in addition.<\/p>\n\n\n\n

a) The retention of title extends to the products resulting from processing, mixing or combining our goods to their full value, whereby we are considered the manufacturer. If ownership of such goods remains with a third party as a result of processing, mixing or combining with third-party goods, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. Otherwise, the same applies to the resulting product as to the goods delivered under retention of title.<\/p>\n\n\n\n

b) The claims arising from the resale of the goods or the product to third parties shall be assigned to us by the buyer now, in total or in the amount of our possible co-ownership share in accordance with the preceding paragraph, for security purposes. We accept the assignment. The obligations of the buyer mentioned in paragraph 2 also apply with regard to the assigned claims.<\/p>\n\n\n\n

c) The buyer remains authorized to collect the claim with us. We undertake not to collect the claim as long as the buyer fulfills its payment obligations towards us, there is no deficiency in its ability to perform, and we do not exercise the right under paragraph 3. However, if this is the case, we may require the buyer to disclose to us the assigned claims and their debtors, provide all necessary information for collection, hand over the relevant documents, and notify the debtors (third parties). Furthermore, in this case, we are entitled to revoke the buyer\u2019s authority to further sell and process the goods under the retention of title.<\/p>\n\n\n\n

d) If the value of the collateral that can be realized exceeds our claims by more than 10%, we will release collateral of our choice at the buyer's request.<\/p>\n\n\n\n

\u00a7 7 Buyer's claims for defects<\/strong><\/h3>\n\n\n\n

(1) The statutory provisions apply to the buyer's rights in case of defects in quality or performance (including incorrect or incomplete delivery as well as improper assembly or inadequate assembly instructions), unless otherwise specified below. In all cases, statutory special provisions regarding the final delivery of goods to a consumer remain unaffected (supplier's claim pursuant to \u00a7\u00a7 478, 479 BGB).<\/p>\n\n\n\n

(2) The basis of our liability for defects is primarily the agreement reached regarding the nature of the goods. All product descriptions that are the subject of the individual contract or that have been publicly announced by us (in particular in catalogs or on our website) are considered to be agreements regarding the nature of the goods.<\/p>\n\n\n\n

(3) Insofar as the nature of the product has not been agreed upon, it is up to the legal regulations to determine whether a defect exists or not (\u00a7 434, paragraph 1, sections 2 and 3 of the German Civil Code). However, we do not accept any liability for public statements made by the manufacturer or other third parties (e.g., advertising statements).<\/p>\n\n\n\n

(4) The buyer\u2019s claims for defects require that he has complied with his statutory duty of investigation and notification (\u00a7\u00a7 377, 381 HGB). If a defect is revealed during delivery, inspection or at any later date, we must be notified immediately in writing thereof. In any case, obvious defects must be reported in writing within 5 working days from delivery and any defects not apparent at the time of inspection within the same period from discovery. If the buyer fails to properly investigate and\/or report the defect, our liability for the defect that is not or is not reported in a timely or proper manner shall be excluded under the statutory provisions.<\/p>\n\n\n\n

(5) If the delivered item is defective, we can initially choose whether to provide additional performance by correcting the defect (remedy) or by delivering a defect-free item (replacement delivery). Our right to refuse the additional performance under the statutory conditions remains unaffected.<\/p>\n\n\n\n

(6) We are entitled to make the required additional performance conditional upon the buyer paying the due purchase price. However, the buyer is entitled to retain a proportion of the purchase price that is reasonable in relation to the defect.<\/p>\n\n\n\n

(7) The buyer must give us the time and opportunity necessary for the subsequent performance of the obligations, in particular to hand over the defective product for inspection purposes. In the case of replacement delivery, the buyer must return the defective product in accordance with the statutory regulations. Subsequent performance does not include the repair of the defective product or the reinstallation of the defective product if we were not originally required to perform the installation.<\/p>\n\n\n\n

(8) We bear the costs necessary for the purpose of inspection and subsequent fulfillment, in particular transport, travel, labor, and material costs (not: expansion and installation costs), if a defect actually exists. Otherwise, we may require the buyer to reimburse the costs incurred from the unjustified claim for defect removal (in particular inspection and transportation costs), unless the lack of defect was not apparent to the buyer.<\/p>\n\n\n\n

(9) In urgent cases, e.g. when operational safety is at risk or to prevent disproportionate damage, the buyer has the right to remedy the defect himself and to demand compensation from us for the costs that are objectively necessary to do so. We must be immediately notified of such self-initiated action, if possible in advance. The right of self-initiation does not apply if we are entitled to refuse a corresponding subsequent performance in accordance with the statutory regulations.<\/p>\n\n\n\n

(10) If the subsequent performance fails or an appropriate deadline for the subsequent performance set by the buyer expires without success or is not required under the statutory provisions, the buyer may withdraw from the purchase contract or reduce the purchase price. However, in the case of a minor defect, there is no right of withdrawal.<\/p>\n\n\n\n

(11) The buyer\u2019s claims for damages or reimbursement of futile expenses only exist in the event of defects in accordance with \u00a7 8 and are otherwise excluded.<\/p>\n\n\n\n

\u00a7 8 Other liability<\/strong><\/h3>\n\n\n\n

(1) Unless otherwise provided by these GTC, including the following provisions, we are liable for a breach of contractual and non-contractual obligations under statutory provisions.<\/p>\n\n\n\n

(2) We are liable for damages \u2013 regardless of the legal basis \u2013 in the event of intentional misconduct and gross negligence. In the case of simple negligence, subject to a milder liability standard under statutory regulations (e.g., for care in one\u2019s own affairs), we are liable only<\/p>\n\n\n\n

a) for damages resulting from the violation of life, body or health,<\/p>\n\n\n\n

b) for damages resulting from the non-material breach of a fundamental contractual obligation (an obligation the fulfilment of which first makes the proper performance of the contract possible and the contractual partner may regularly rely on and trust); in this case, however, our liability is limited to the compensation of the foreseeable, typically occurring damage.<\/p>\n\n\n\n

(3) The liability limitations resulting from paragraph 2 also apply in the event of breaches of duty by or on behalf of persons for whose negligence we are liable under statutory regulations. They do not apply insofar as we have knowingly concealed a defect or have assumed a guarantee for the quality of the goods, and for claims by the buyer under the Product Liability Act.<\/p>\n\n\n\n

(4) Due to a breach of duty that is not due to a defect, the buyer may only withdraw or terminate the contract if we are responsible for the breach of duty. The buyer\u2019s right to terminate the contract (in particular pursuant to \u00a7\u00a7 651, 649 BGB) is excluded. Otherwise, the statutory requirements and legal consequences apply.<\/p>\n\n\n\n

Section 9 Limitation period<\/strong><\/h3>\n\n\n\n

(1) By way of derogation from \u00a7 438, paragraph 1, no. 3 of the German Civil Code, the general statute of limitations for claims arising from defects in goods and services is one year from delivery. Insofar as a purchase agreement has been agreed upon, the statute of limitations begins upon delivery.<\/p>\n\n\n\n

(2) However, if the item in question is a building or a product that has been used in accordance with its usual intended use for a building and the defect caused by it (the building material), the limitation period under the statutory regulations is 5 years from delivery (\u00a7 438, Para. 1, No. 2, BGB). Other special statutory limitations on limitation periods also remain unaffected (in particular \u00a7 438, Para. 1, No. 1, \u00a7\u00a7 3, 444, 479 BGB).<\/p>\n\n\n\n

(3) The above limitation periods for the purchase law also apply to contractual and non-contractual claims for damages by the buyer that are based on a defect in the goods, unless the application of the regular statutory limitation period (\u00a7\u00a7 195, 199 BGB) would lead to a shorter limitation period in individual cases. However, claims for damages by the buyer under \u00a7 8(2), Sentence 1 and Sentence 2(a) as well as under the Product Liability Act shall only expire according to the statutory limitation periods.<\/p>\n\n\n\n

\u00a7 10 Choice of law and place of jurisdiction<\/strong><\/h3>\n\n\n\n

(1) This GTC and the contractual relationship between us and the buyer are governed by the law of the Federal Republic of Germany, to the exclusion of international uniform law, in particular the UN Sales Law.<\/p>\n\n\n\n

(2) If the buyer is a merchant within the meaning of the German Commercial Code, a legal person under public law, or a special public-law entity, our place of business in Nachrodt-Wiblingwerde shall be the exclusive \u2013 also international \u2013 place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if the buyer is an entrepreneur within the meaning of \u00a7 14 of the German Civil Code. However, in all cases we are also entitled to bring proceedings at the place of performance of the delivery obligation under these GTC or a prior individual agreement or at the general place of jurisdiction of the buyer. Precedence of statutory provisions, in particular regarding exclusive jurisdiction, remains unaffected.<\/p>","protected":false},"excerpt":{"rendered":"

Allgemeine Einkaufs- und Verkaufsbedingungen \u00a7 1 Geltungsbereich, Form (1) Die vorliegenden Allgemeinen Einkaufsbedingungen (AEB) gelten f\u00fcr alle Gesch\u00e4ftsbeziehungen mit unseren Gesch\u00e4ftspartnern und Lieferanten (\u201eVerk\u00e4ufer\u201c). Die AEB gelten nur, wenn der Verk\u00e4ufer Unternehmer (\u00a7 14 BGB), eine juristische Person des \u00f6ffentlichen Rechts oder ein \u00f6ffentlich-rechtliches Sonderverm\u00f6gen ist. (2) Die AEB gelten insbesondere f\u00fcr Vertr\u00e4ge \u00fcber den […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_seopress_titles_title":"AGB: Einkaufs- & Verkaufsbedingungen \u2014 Ernst Lingenberg GmbH","_seopress_titles_desc":"Allgemeine Einkaufs- und Verkaufsbedingungen der Ernst Lingenberg GmbH. Lesen Sie die Bedingungen f\u00fcr Gesch\u00e4ftsbeziehungen mit unserem Unternehmen.","_seopress_robots_index":"","_seopress_robots_follow":"","_seopress_robots_imageindex":"","_seopress_robots_snippet":"","_seopress_robots_primary_cat":"","_seopress_robots_breadcrumbs":"","_seopress_robots_freeze_modified_date":"","_seopress_robots_custom_modified_date":"","_seopress_robots_canonical":"","_seopress_social_fb_title":"AGB: Einkaufs- & Verkaufsbedingungen \u2014 Ernst Lingenberg GmbH","_seopress_social_fb_desc":"Allgemeine Einkaufs- und Verkaufsbedingungen der Ernst Lingenberg GmbH. Lesen Sie die Bedingungen f\u00fcr Gesch\u00e4ftsbeziehungen mit unserem Unternehmen.","_seopress_social_fb_img":"https:\/\/lingenberg-gmbh.de\/wp-content\/uploads\/lingenberg_113.webp","_seopress_social_fb_img_attachment_id":433,"_seopress_social_fb_img_width":0,"_seopress_social_fb_img_height":0,"_seopress_social_twitter_title":"AGB: Einkaufs- & Verkaufsbedingungen \u2014 Ernst Lingenberg GmbH","_seopress_social_twitter_desc":"Allgemeine Einkaufs- und Verkaufsbedingungen der Ernst Lingenberg GmbH. Lesen Sie die Bedingungen f\u00fcr Gesch\u00e4ftsbeziehungen mit unserem Unternehmen.","_seopress_social_twitter_img":"https:\/\/lingenberg-gmbh.de\/wp-content\/uploads\/lingenberg_113.webp","_seopress_social_twitter_img_attachment_id":433,"_seopress_social_twitter_img_width":0,"_seopress_social_twitter_img_height":0,"_seopress_redirections_value":"","_seopress_redirections_enabled":"","_seopress_redirections_enabled_regex":"","_seopress_redirections_logged_status":"","_seopress_redirections_param":"","_seopress_redirections_type":0,"_seopress_analysis_target_kw":"","_seopress_news_disabled":"","_seopress_video_disabled":"","_seopress_video":[],"_seopress_pro_schemas_manual":[{"_seopress_pro_rich_snippets_type":"custom","_seopress_pro_rich_snippets_custom":"