6. Liability for Defects
The statutory provisions shall apply for the limitation of claims for defects. In case of defects, the customer may primarily demand supplementary performance according to § 439 BGB (German Civil Code). We shall be entitled to choose between the remedy of defects and the delivery of non-defective goods. Please note: Warranty claims shall initially be limited to two times supplementary performance, with company Binde Optik GmbH & Co. KG having knowledge of the supplementary performance. A right of rescission from the purchase agreement exists if the supplementary performance fails. Warranty claims shall not exist in case of any insignificant deviation from the stipulated quality; in case of an insignificant impairment of usability; in case of natural wear or defects resulting – after the passage of risk – due to faulty or negligent treatment, excessive demands or stress, improper use, lack of care, etc. Also, if the customer or third parties provide improper modifications or handling/processing, no warranty claims shall exist for them and for the consequences resulting therefrom. We shall be liable for damages according to the statutory provisions if the customer lodges claims which are based on malice, intent or gross negligence on our part; on injury to life, limb or health; or on any breach of duty essential for the contract. If we are not charged with any intentional or grossly negligent breach of contract, we shall only be liable for replacing the typically foreseeable damage. Liability shall be excluded for any damages which did not occur on the delivery object; unless injuries of life, limb or health are concerned which are based on any breach of duty committed by us, or on an intentional or negligent breach of duty by our legal representative or vicarious agent. As for the rest, liability for damages shall be excluded.
7. Reservation of Ownership
We shall reserve ownership in all delivered goods until complete payment. In legal relations with business persons or merchants, the reservation of ownership shall also apply until any and all, even future and conditional, claims or receivables under the business relationship have been satisfied. The customer shall only be entitled to further sales in the proper course of business and shall now already assign to us its receivables from the further sales. We shall accept the assignment. Even after the assignment, the customer shall remain authorized to collect this receivable. This shall not affect our authority to collect the receivable ourselves. We agree not to collect the receivable ourselves as long as the customer meets its payment obligations in accordance with the contract. The customer shall not be entitled to pledge any goods under reservation of ownership or to transfer ownership of such goods by way of security. We shall be notified without delay of any third-party influences on these goods, in particular seizures. We may revoke the authority to further sales if the customer does not properly meet its obligations under the contract. Upon the customer's request, we shall be obligated to release any granted securities at our option as far as their value exceeds our receivables by more than 10 %.
8. Recourse by the Entrepreneur
No setting of a period shall be required for the customer's assertion of claims for defects versus us if the customer sells – within the scope of its business operation – the newly manufactured goods further to a consumer, and if the customer had to take back the goods as a result of their defectiveness or if the consumer reduced the purchase price. In that case, the customer can demand from us compensation for the expenditures which customer had to bear in relation to the consumer if the defect claimed by the consumer had already existed upon the passage of risk to the customer. The customer shall have no claim for damages within the course of this entrepreneurial recourse.
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10. Final Provisions
If the customer is a business person or merchant, a legal entity under public law, or a public law special fund, the place of jurisdiction for any disputes arising under this contractual relationship shall be the place of court for our registered office. Place of performance shall be Minden/Westphalia. German law shall apply for all contracts or agreements. Pursuant to § 13 BGB (German Civil Code), "consumer" within the meaning of these provisions shall be any natural person who concludes the transaction for a purpose which cannot be attributed to either the person's vocational or its self-employed occupational activities.
Registered office of the KG:
Minden, HRA (Commercial Register) 3533 Bad Oeynhausen Personally
Binde-Beteiligungs-GmbH Minden, HRB (Commercial Register) 5095 Bad Oeynhausen
Jörn Binde, Walter Koenemann