General terms and conditions Product Catalogue 2024/25 BURG-WÄCHTER able damage typical for the par- ticular type of contract. 4. If the delivered goods are de- fective or lacking any properties as promised, or if it becomes defective during the warranty period, we reserve the right of supplementary performance. At our discretion and with the exclu- sion of any additional warranty rights, we will provide either for remedy of the defect or for a re- placement delivery. In the event that and only if such supplementary performance is unsuccessful, the customer may rescind the contract or reduce the remuneration. Upon identification of such defects, specifically within 5 days from acceptance in case of identifiable defects and without delay after identifiability in case of non-identifiable defects, we shall be promptly notified on them in writing. However, the warranty period expires one year after delivery at the latest. If a purchase is agreed, the limitation period begins upon purchase. The warranty becomes void in case of improper usage of goods, in case of other than designated use of goods or when the goods are modified by the purchaser or by a third party. The contractual item is exclusively the goods sold with the proper- ties and characteristics, as well as the designated purpose, in com- pliance with the attached product description. Other or additional properties and/or characteristics or an additional designated pur- pose shall be deemed agreed only if explicitly confirmed by us in writing. Return of goods can only be carried out after a written agree- ment. It is necessary to attach the goods return accompanying cer- tificate on the outside (to be pro- vided by BURG-WÄCHTER). Any returned goods without the accompanying certificate cannot be processed. The return delivery address is: BURG-WÄCHTER KG, Wormgermühle, D-58540 Meinerzhagen A minimum deduction of 25 % is charged for any return not caused by BURG-WÄCHTER. Cus- tom-made items (mailbox sys- tems, locking systems etc.) can- not be returned. Any Total liability Sec. 7 liability for 1. further compensation and reimburse- ment of expenses than that speci- fied in § 6 – irrespective of the le- gal nature of the claim presented für – is excluded. This provision does not apply to claims, which are made against us according to §§ 1 and 4 of the German Prod- uct Liability Act (Gesetz über die Haftung fehlerhafte Pro- dukte). The exclusion of liability shall also not apply in case of in- tent, gross negligence, injury to life, body or health, as well as in case of breach of material con- tractual obligations (so called “cardinal duties”). However, the claim for compen- sation in case of breach of materi- al contractual obligations shall be limited to foreseeable damage typical for the particular type of contract, provided no intent or gross negligence exist or liability for injury to life, body or health is imposed. The aforementioned provisions do not constitute an alteration of the burden of proof to the detriment of the purchaser. 2. Insofar as our liability is ex- cluded or limited, the same exclu- sions and limitations apply to per- sonal liability of our employees, personnel, staff, representatives and agents. Retention of title Sec. 8 1. We retain the ownership of the purchased item until the pur- chase price has been fully paid including any additional costs in- curred (transportation, packaging etc.). In the event of an action in breach of contract by the pur- chaser, in particular in case of de- layed payment, we are entitled to rescind the purchase contract and recover the purchased item. After the recovery of the purchased item, we are entitled to sell it; the proceeds from such sale after a deduction of reasonable selling costs shall be credited to the pur- chaser’s liability. 2. The purchaser shall treat the purchased item with care. At its own expense, the purchaser shall insure the purchased item sufficiently at the original value against damage caused by fire, water and theft. 3. In the event of seizure or other similar action by a third par- ty, the purchaser shall notify us immediately in writing. In such an event, the purchaser is further obliged to support us fully in judi- cial or extrajudicial assertion of our rights, in particular to provide us with any required supporting documents. 4. The purchaser is entitled to resell the purchased item in a reg- ular course of business; however, the purchaser assigns to us al- ready now all receivables up to the total of the final invoice amount (incl. VAT) arising from such resale to its customers or third parties. This assignment ap- plies irrespective of whether the purchased item is resold without or after being further processed. We hereby accept this assign- ment. The purchaser remains entitled to collect the debt within the framework of a regular course of business. This entitlement be- comes void if the purchaser no longer meets its payment obliga- tions associated with the collect- ed proceeds, or in case of the pur- chaser’s delayed payment. It also becomes void in the event of an application to open insolvency or composition proceedings on the assets of the purchaser or in case the purchaser discontinues its payments. In such events we are entitled to collect the assigned debt our- selves. The purchaser shall pro- vide us with any information re- quired in order to collect the debt and with the associated docu- ments. In such case, the purchas- er shall notify the debtor (the third party) about the assignment of debt. 5. The processing or transfor- mation of the purchased item by the purchaser shall always be accomplished for us. If the pur- chased item is processed together with other items not belonging to us, we shall be granted co-own- ership of the new item propor- tionally to the value of the pur- chased item compared to the value of the other items pro- cessed as at the time of process- ing. As for the rest the same pro- visions applying to the purchased item delivered by us shall equally apply to the newly created item. 6. If the purchased item is in- separably mixed with other items not belonging to us, we shall be granted co-ownership of the new item proportionally to the value of the purchased item compared to the value of the other mixed items as at the time of processing. If the mixing is carried out in such a way that the purchaser’s item can be regarded as the main item, it is agreed that the purchaser shall assign co-ownership to us in the proportional amount. The purchaser shall hold the owner- ship or co-ownership resulting from this for us. 7. We undertake to release the collateral due to us at the request of the purchaser insofar as the marketable value of our collateral exceeds the claim to be secured by more than 20 %; the selection of the collateral to be released is our responsibility. § 9 Place of execution, applicable law and jurisdiction 1. Unless otherwise contrac- tually agreed, the place of execu- tion is the registered office of our company. 2. Any business relationship with us is governed exclusively by the law of the Federal Republic of Germany. Application of the CISG (UN Convention on Con- tracts for the International Sale of Goods) is excluded. If the purchaser is a mer- 3. chant, any legal disputes interna- tionally shall be subject to the courts of the Federal Republic of Germany. In any case, the place of jurisdic- tion is the registered office of our company. However, we are enti- tled to sue the purchaser at its general place of jurisdiction. These regulations of jurisdiction also apply to claims arising out of any bill of exchange or cheque. Shipping and Handling Free delivery: Prices start at 200,- € net free to the door, including packaging. Safes and strong boxes from 100 kg are excluded from this condi- tion Small shipments: Net value of goods up to 20,- € = pro rata costs 5,- € net value of goods 20,- € to 200,- € = pro rata costs 9,- € Distance delivery: Direct dispatch in the customer order, dispatch and expenditure costs 20,- €. except safes over 30 kg see transport services on p. 320. Different terms for deliveries for islands to be requested. VAT ID No. DSD license no. Interseroh no. GLN WEEE reg. no. DE 126881184 11473 2088148 40 03482 00000 7 DE19767115 Prices valid as of 01.06.2024 All previous prices lose their validity. General terms and conditions 337