LEIK GmbH + LEIK Leipzig GmbH

As of September 2023

 

1.        General provisions, scope of application

1.1.    The following terms and conditions apply to all our deliveries and services if the contractual partner is an entrepreneur (§ 14 BGB). They apply to a consumer (§ 13 BGB) as contractual partner insofar as the terms and conditions are printed in bold. Clauses printed in bold also apply to an entrepreneur as contractual partner.

1.2.    Our General Terms and Conditions form part of every contract with us and apply for the entire duration of the business relationship. If our contractual partner is aware of our General Terms and Conditions, they shall be deemed accepted no later than when an order is placed or a delivery/service is accepted. This applies in particular to further contracts with a contractual partner once our General Terms and Conditions have been validly incorporated into a contract.

1.3.    The mutual written declarations shall determine the scope of the deliveries or services. Verbal agreements require written confirmation. The contractual partner’s general terms and conditions apply only insofar as we have expressly agreed to them in writing; silence does not constitute consent. Where the contractual partner’s general terms and conditions conflict with ours, matching provisions shall be deemed agreed and conflicting provisions shall not.

1.4.    Our offers are non-binding with regard to price, quantity, delivery period and availability for delivery. Orders become binding on us only upon our written confirmation. The contractual partner’s rights against us arising from any contracts are not transferable.

1.5.    Typographical and calculation errors are not binding on us and do not give rise to any claim for performance or damages.

1.6.    Insofar as exclusions or limitations of liability in our favour are agreed in our General Terms and Conditions (such as in 1.5. above), these do not apply in cases of gross negligence or intent on our part or on the part of our agents employed in the performance of our obligations, or where one of our authorised representatives culpably breaches a contractual obligation, nor do they apply in cases of injury to life, limb or health.

 

2.        Withdrawal

If the contractual partner withdraws from the order for reasons for which we are not responsible or withdraws from the contract without having given us a reasonable period for performance or subsequent performance of generally at least 2 weeks (4 weeks for custom-made products), we have the right to invoice the costs incurred up to the time of withdrawal for planning, work preparation, labour and materials, as well as lost profit, but at least 15 % of the order value, or at least 35 % for custom-made products, without further proof, unless the contractual partner demonstrates that no costs or lower costs were incurred or that no profit or less profit was lost. The right to claim further damages remains reserved.

 

3.        Prices, payment terms

3.1.    Our prices exclude installation and are subject to statutory value added tax. The contractual partner shall ensure access routes for trucks, unobstructed access and that the premises in which the goods are to be used are ready for occupancy. Additional trips for which we are not responsible and increased contractual and installation work will be charged separately. In particular, costs for initial and interim storage and any additional insurance fees thereby required, which we incur because the premises are not ready for occupancy on time, will be invoiced to the contractual partner separately insofar as the contractual partner is in default.

3.2.    Invoices are due immediately and must be paid net without deductions within 14 days of receipt. Payment periods granted in individual cases do not postpone the due date, but only the calendar-determined latest date for payment.

3.3.    If the contractual partner is in default, we may declare all claims against the contractual partner immediately due, withhold outstanding services under this or other contracts in whole or in part and withdraw from all existing contracts after a reasonable additional period has expired without result.

If the contractual partner fails to meet their obligations despite an additional period of one week while in default, we are entitled to withdraw; Section 2 applies accordingly. The contractual partner acquires no rights from delayed invoicing; Section 1.6. applies accordingly.

The contractual partner shall hold cash payments for receivables assigned to us separately and remit the amounts to us without delay. Bank balances shall be deemed assigned to us in the amount of the payments received.

3.4.    The contractual partner may set off only undisputed claims or claims established by a final court judgment and may exercise a right of retention only in respect of claims arising from the same contractual relationship. If the contractual partner is a merchant, asserting a right of retention or a right to refuse performance requires our prior written consent.

3.5.    If there are doubts about the contractual partner’s ability to pay, signs of reduced creditworthiness, failure to pay a due claim, dissolution or change of the company, or an error regarding creditworthiness at the time the contract was concluded, we are entitled to demand security for ongoing contracts or transactions and advance cash payment for deliveries that are due, or to withdraw from the contract if the contractual partner fails to provide the relevant security or advance payment despite the expiry of a reasonable period for doing so, without the contractual partner being able to assert claims for damages as a result; Sections 1.6. and 2 apply accordingly.

 

4.        Delivery, installation

4.1.    We reserve the right to make deviations in structure and colour from the item on display or from illustrations in catalogues, price lists etc. insofar as these are inherent in the nature of the materials used (solid wood, veneers, natural stone slabs, leather, textile products) and are customary in the trade, unless the contractual partner demonstrates that such deviations are unreasonable for them (see Section 6.2. Claims for defects).

4.2.    We generally retain copyright in cost estimates, plans and construction drawings; § 650 para. 2 BGB is excluded.

4.3.    The stated delivery and performance dates indicate the expected date of performance, without this being guaranteed. Periods begin upon receipt of our order confirmation. Periods and dates refer to the time of delivery, that is, the arrival of the goods at the contractual partner’s premises or the agreed delivery address, but they do not begin before the technical details have been clarified and the signed order confirmation has been received. Where delivery ex works has been agreed, they shall also be deemed met if the contractual partner is notified that the goods are ready for dispatch and the goods cannot be dispatched on time through no fault of ours, Section 1.6. applies accordingly.

If the contractual partner does not accept a service that is ready for acceptance for reasons for which we are not responsible, we are entitled, after the expiry of a reasonable additional period, at our discretion either to demand payment concurrently with acceptance of the delivery or to withdraw from the contract. In the event of withdrawal, Section 2 applies accordingly. Instead of the measures described above, we may demand a progress payment from the contractual partner amounting to 80 % of the order value, without prejudice to Section 3.1. (storage costs).

4.4.    If we fail to meet a delivery period firmly promised in writing, our contractual partner may set an additional period for subsequent performance of 3 weeks (5 weeks for custom-made products) in writing – the additional period for subsequent performance may be shorter if the contractual partner is a consumer and the periods stated are unreasonably long for them for important reasons. If this period expires without result, the contractual partner may withdraw from the contract with regard to goods that have not been reported as ready for dispatch by the end of the additional period. The contractual partner may withdraw from the entire contract only if the partial services provided by the end of the additional period are of no interest to them; we are entitled to provide partial services until the end of the additional period. Claims for damages due to delayed delivery and claims for damages in lieu of performance in this respect, including after the expiry of any period set for us to provide subsequent performance, are limited to 30 % of the foreseeable direct loss (we are not liable for business interruption losses or indirect losses), Section 1.6. applies accordingly.

4.5.    Circumstances or events that make delivery impossible or unreasonably difficult, but for which we are not responsible, e.g. traffic disruptions, operational disruptions, shortages of raw materials or energy, strikes or lockouts, release us from our delivery obligation for the duration of the impediment and a reasonable restart period, even if they occur at our upstream supplier. We are entitled to withdraw from the contract in whole or in part without any obligation to make a subsequent delivery. However, we undertake to inform the contractual partner of the unavailability without delay and to reimburse the contractual partner without delay for any payments already made. Claims for damages are excluded in this respect, Section 1.6. applies accordingly.

4.6.    The contractual partner may not reject partial deliveries unless accepting partial deliveries is unreasonable for them. Partial deliveries do not entitle the contractual partner to withhold payment of the purchase price for the part delivered until the remainder of the order has been delivered.

4.7.    Where installation has been agreed, all provisions of these General Terms and Conditions concerning deliveries apply accordingly, in relation to consumers only insofar as they are printed in bold. Defects that become apparent after installation or as a result of installation entitle the contractual partner to assert claims only if they have notified us of them in writing without delay, but no later than within 2 weeks after completion of installation. Section 1.6. applies accordingly.

4.8.    The ordered goods are delivered ex works/warehouse unless a different arrangement has been made in an individual contract.

 

5.        Retention of title

5.1.    All goods delivered by us remain our property until the goods or installation have been paid for in full. In the case of a current account, the retained title secures the balance owed to us. If our contractual partner is a merchant, all goods delivered by us remain our property until all claims due to us from the entire business relationship with the customer have been paid in full.

5.2.    After delivery and until payment, the contractual partner shall store the goods separately for us at their own expense and insure them in our favour against fire and water damage. We must be notified of any interference by third parties without delay.

If the contractual partner pays by cheque or by other means accepted on account of performance, payment is deemed made once the cheque has been cashed and a crediting period of 2 weeks has elapsed.

5.3.    Any processing or further processing of goods delivered by us is carried out on our behalf without placing us under any obligation. If the goods are mixed, blended or combined, the contractual partner’s ownership, co-ownership or expectant right in the mixed or blended stock or the new items shall be deemed acquired for us. Insofar as the contractual partner would thereby impair prior-ranking liens or equivalent rights of third parties, the contractual partner hereby assigns to us their expectant right to ownership or co-ownership of such stock or new items. We accept this assignment. The contractual partner shall keep these items for us with the care of a prudent merchant. The contractual partner shall inform the owner of the principal item of the ownership right or expectant right and identify the owner of the principal item to us before processing. If the contractual partner is in payment default, we are entitled to take back the delivered goods, including installed goods, where applicable after first withdrawing from the contract or the relevant part of the contract. The resulting costs shall be borne by the contractual partner; further claims for damages remain reserved. Without limiting our other rights, we are entitled, if the contractual partner is in default, to prohibit further processing, mixing, blending or combination of the goods with other items.

The contractual partner is entitled to sell the goods or products made from them in the ordinary course of business subject to retention of title against payment in cash or by cheque, but not to pledge them to third parties or transfer title to them as security. The receivables or expectant rights arising from resale are hereby assigned to us in full together with all ancillary rights, including where the contractual partner has processed or further processed the goods; the same applies if our ownership ends because the contractual partner has attached the item to real property. As long as the contractual partner duly meets their payment obligations to us, they are entitled to collect these receivables on our behalf. Without limiting our other rights, we are entitled, if the contractual partner is in default, to prohibit further processing, mixing, blending, combination of the goods with other items or resale of the goods. However, we may notify the buyer of the assignment of the receivable and issue other instructions at any time. At our request, the contractual partner is obliged to identify the buyer to us and provide the documents required to pursue the claim. If the value of the goods provided as security or the receivables assigned to us exceeds our claim against the contractual partner by more than 10 %, we shall, at the contractual partner’s request and at our discretion, release a corresponding portion of the security.

The contractual partner shall store goods subject to retention of title separately and mark them as such.

 

6.        Claims for defects

6.1.    Guarantees are effective only if we have given them in writing. Advertising statements or guarantees by third parties and brochures are not binding on us unless we have expressly incorporated them into the contract.

6.2.    Samples are regarded as approximate representative samples; exact conformity to a sample is not a quality characteristic unless expressly agreed in writing.

6.3.    At our discretion, those parts of our services that exhibit a material defect within the limitation period - irrespective of the period of operation – shall be repaired, replaced or performed again free of charge, provided that the cause of the defect already existed when the risk passed.

6.4.    Claims for material defects become time-barred 12 months after delivery (after 2 years if the contractual partner is a consumer); this does not apply to items that, in accordance with their usual purpose, are used for the first time in a building and cause it to be defective, nor to a consumer’s claim for recourse pursuant to §§ 478, 479 BGB, nor to defects in buildings (§ 634 a para. 1 number 2 BGB). With regard to the reduction of the limitation period to 12 months, Section 1.6. applies accordingly; the reduction also does not apply if we have fraudulently concealed a defect. The statutory provisions concerning the expiry, suspension and recommencement of limitation periods remain unaffected.

6.5.    If the goods have defects upon delivery that are recognisable even on a superficial inspection, these must be reported by written notice of defects within a period of 2 weeks at the latest; the same applies to defects discovered later, from the time they become known. Once the period has expired, our warranty obligation ceases if the contractual partner has not reported the defect in the required form and within the required time. The obligation to report defects immediately under the HGB remains unaffected.

6.6.    The contractual partner’s claims for defects are limited, at our discretion, to repair or replacement delivery. Our contractual partner cannot demand repair or replacement delivery if this would involve unreasonable effort for us; in all other respects, 1.6. applies accordingly. A prerequisite for the contractual partner’s claims for defects is that they give us the opportunity to provide subsequent performance within a reasonable period, which is generally 3 weeks, or 5 weeks for custom-made products; the period is binding only if set in writing.

If subsequent performance fails, is refused by us or does not take place despite the expiry of the period for subsequent performance, the contractual partner may pursue the statutory warranty claims. In relation to entrepreneurs, claims for damages are limited in accordance with Section 6.11.

6.7.    Claims for defects do not arise in the case of only an insignificant deviation from the agreed quality or only an insignificant impairment of usability. No claims for defects arise in the case of natural wear and tear or damage occurring after the risk has passed as a result of incorrect or negligent handling, excessive use, the use of unsuitable operating or cleaning agents, defective construction work or particular external influences that are not anticipated under the contract or the usual use, or in the case of damage caused by incorrect or defective operation, electrical, electrochemical or chemical influences or unsuitable operating and installation conditions. Warranty claims are also excluded if persons other than our employees or specialists commissioned by us interfere with the delivered product; Section 1.6. applies accordingly.

6.8.    In the event of complaints about defects, the contractual partner may withhold payments to an extent that is reasonable in relation to the material defects that have arisen. If the complaint about defects was unjustified, we are entitled to demand reimbursement from the contractual partner of the expenses we incurred. If the contractual partner is in default, we are entitled to withhold the remedy of defects.

6.9.    Claims by the contractual partner for expenses required for the purpose of subsequent performance, in particular transport -, travel, labour and material costs, are excluded insofar as the expenses increase because the item delivered was subsequently taken to a location other than the contractual delivery address, unless moving it there corresponds to its intended use; Section 1.6. applies accordingly.

6.10.  The contractual partner’s claims for recourse against us pursuant to § 478 BGB (entrepreneur’s recourse) exist only insofar as the contractual partner has not made agreements with their buyer that go beyond the statutory claims for defects. The preceding provision also applies accordingly to the scope of the contractual partner’s claim for recourse against us pursuant to § 478 para. 2 BGB. Reimbursement of expenses incurred by the contractual partner is excluded, Section 1.6. applies accordingly.

6.11.  Further claims by the contractual partner, in particular compensation for damage not incurred to the item delivered and for lost profit, are excluded, Section 1.6. applies accordingly. Claims for damages arising from claims for defects are otherwise limited to the value of the relevant part of the item delivered - in the case of merchants to 30 % of that value -, Section 1.6. applies accordingly. If less than 5 % of the delivery quantity is subject to complaint, warranty claims are excluded, Section 1.6. applies accordingly.

 

7.        Burden of proof

The preceding provisions in Sections 1 to 6 do not change the burden of proof to the detriment of the contractual partner insofar as our contractual partner is a consumer.

 

8.        Place of performance, place of jurisdiction and other provisions

8.1.    The law of the Federal Republic of Germany applies exclusively, including in particular to deliveries abroad. Insofar as the United Nations Convention on Contracts for the International Sale of Goods (CISG) should apply, our terms and conditions shall take precedence.

8.2.    The place of performance and place of jurisdiction for all claims is:

-  Stuttgart for LEIK GmbH, based in Filderstadt, and

-  Leipzig for LEIK Leipzig GmbH, based in Leipzig,

provided that the contractual partner is a merchant or a legal entity under public law or a special fund under public law, or has no registered office in Germany. Alternatively, we are entitled to bring an action at the contractual partner’s principal place of business.

8.3.    General information obligation pursuant to § 36 VSBG
Competent consumer dispute resolution body: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein.

Website address: www.verbraucher-schlichter.de

The company does not participate in consumer dispute resolution proceedings.

8.4.    If one or more provisions of our General Terms and Conditions or of the contract with the contractual partner is or becomes invalid, this shall not affect the validity of the remaining parts. This does not apply if continuing to be bound by the contract would constitute unreasonable hardship for one party. However, the parties are primarily obliged to replace the invalid part with a provision that comes as close as possible to the intended economic result; the statutory provisions apply in addition.

If, in one or more individual cases and in consultation with the contractual partner, we act in a manner that differs from the wording of the contract, this practice shall not otherwise create any rights or obligations.