Reinhard Strauss GmbH & Co.KG
Karlstraße 68
41751 Viersen
Commercial Register: HRA 6171
Registry Court: District Court of Mönchengladbach
Mäder BeteiligungsGmbH
District Court of Mönchengladbach
Commercial Register: HRB 12243
Represented by:
Stefan Mäder
Telephone: +49 (0) 2162 / 95480 -0
Fax: +49 (0) 2162 / 95480 -30
Email: info@strauss-faser.de
VAT identification number in accordance with §27 a of the German VAT Act:
DE 256 026 055
Consumer dispute resolution/Universal arbitration board
We are not prepared or obliged to participate in dispute settlement procedures before a consumer arbitration board.
As a service provider, we are responsible for our own content on these sites in accordance with §7 (1) of the TMG. In accordance with §§8 to 10 of the TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.
Obligations to remove or block the use of information under general legislation remain unaffected. However, liability in this regard is only possible from the point in time at which knowledge of a specific infringement of the law becomes known. As soon as we become aware of any violations of the law, we will remove this content immediately.
Our online presence contains links to external websites over which we have no influence. We cannot therefore assume any liability for this external content. The respective provider or operator of the websites is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time the link was provided. There was no discernible illegal content at the time the link was provided.
However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of a violation. As soon as we become aware of legal violations, we will remove such links immediately.
The content and text on these pages created by the website operators are subject to German copyright law. The duplication, editing, distribution and any kind of use outside the limits of copyright require the written consent of the respective author or creator.
Downloads and copies of this website are only permitted for private, non-commercial use. Insofar as the content on this website was not created by the operator, the copyrights of third parties have been observed. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, we ask that you inform us accordingly. As soon as we become aware of legal violations, we will remove such content immediately.
Source: https://www.e-recht24.de
1.1. The following terms and conditions apply to all deliveries from us, excluding the general terms and conditions of our customers and subject to deviating written agreements. In addition, the latest version of the Incoterms of the International Chamber of Commerce in Paris apply.
1.2. Verbal agreements that are made before or at the time the contract is concluded require our written confirmation to be valid.
1.3. The concluded contract only becomes valid after approval by our credit insurance company.
2.1. Delivery times are only binding if this has been agreed in writing. The period begins with the conclusion of the contract, but not before the customer has fulfilled its existing obligations to cooperate, in particular the payment of agreed down payments or the agreed call-forward by the customer. If the customer is in default with its call-forward, we reserve the right to send the goods to the customer against invoicing or to store them at our discretion and to charge for storage in accordance with the usual rates.
2.2. Force majeure and other disruptions for which we are not responsible, not only of a short-term nature, in particular delays in delivery on the part of our suppliers, traffic and operational disruptions, labour disputes, including those in third-party companies, shortages of materials or energy, measures by state authorities and import and export restrictions, entitle us to postpone the delivery date accordingly or – if the aforementioned disruption makes our performance unreasonably difficult or impossible – to withdraw from the contract in whole or in part without the customer having any claims for damages. This also applies if the disruption occurs at a time when we are behind schedule.
2.3. Partial deliveries and corresponding invoices are permissible to a reasonable extent.
2.4. Returns are to be agreed with us in advance within the scope of what is reasonable.
3.1. Unless otherwise agreed, the prices are ex works excluding packaging plus the applicable VAT.
3.2. Payments are to be made to us free of all charges.
3.3. The shipping method is at our discretion and will be communicated to the customer in the order confirmation.
4.1. The risk passes to the customer as soon as the shipment leaves our departure stations.
4.2. At the request and expense of the customer, deliveries will be insured by us against the usual transport risks.
5.1. We are liable for ensuring the goods are of the agreed quality. The respective product description/specification is agreed as the only point of reference for quality of the goods. In particular, unless expressly agreed, we do not guarantee that the goods are suitable for the customer’s intended use if this deviates from the standard use of the goods.
5.2. If the goods are defective, the customer can initially only request a replacement delivery. The right to rectification of defects is routinely excluded, since this will routinely be unreasonable or impossible. The goods complained about must be sent back to our delivery address. As part of the replacement delivery, we shall bear the resulting necessary transport costs.
5.3. A right to withdrawal or reduction only exists if we do not make the replacement delivery within two weeks of the customer’s written notification of defects and the customer’s request for a replacement delivery.
5.4. The claims for defects expire if
a) the delivered goods are changed significantly by a third party or through combination/amalgamation with substances of third-party origin, unless the defect is not caused by the change;
b) instructions for use and handling have not been followed, unless the defect is not caused by this.
5.5. The period for asserting claims for defects begins with the assumption of risk in accordance with Section 4 and ends after twelve months.
5.6. We are not responsible for difficulties that arise abroad due to the respective legal regulations when reselling or using our goods.
6.1. The customer must check whether the delivered goods correspond to the contractually agreed quality and are suitable for the intended purpose. Complaints about incomplete or incorrect delivery or about externally discernible defects must be reported to us in writing immediately. External defects must be reported to us in writing immediately after discovery, at the latest within six months of receipt of the goods. The receipt of the notification of defects or complaint by us is essential.
6.2. The control documents enclosed with the goods are to be submitted with the complaint. In the case of complaints about goods that have already been resold, proof of the date of resale must also be provided.
6.3. If complaints or notifications of defects are not reported in good time in accordance with Section 6.1, claims by the customer for defective goods are excluded.
7.1. The possibility of reporting and asserting material defects is excluded for all man-made fibres that are not designated by us with the quality mark “IA”.
7.2. Claims for damages and reimbursement of expenses by the customer, regardless of the legal reason, in particular due to breach of obligations arising from the contractual relationship and tort, are excluded.
7.3. Unless otherwise specified below, we are not liable – for whatever legal reason – for the negligent breach of obligations by us, our legal representatives or vicarious agents. We are not liable for delays or impossibility caused by negligence. In the case of negligent violation of essential contractual obligations, our liability is limited to the typically foreseeable damage. The typical foreseeable damage amounts to a maximum of 10% of the order value of the contract on which the event giving rise to liability is based. The customer’s right of recourse under §478 of the German Civil Code is expressly limited to its statutory rights.
7.4. The above exclusions and limitations of liability do not apply in cases of no-fault liability, in particular under the German Product Liability Act, in the event of bodily injury or damage to health or loss of life.
8.1. We reserve ownership of the delivered goods until all claims to which we are entitled and arising from the commercial relationship with the customer have been settled in full, regardless of the legal reason. Our ownership extends to the new products created by processing the reserved goods. The processing takes place for us as the manufacturer. In the case of processing, combination or amalgamation with items that do not belong to us, we acquire co-ownership in the ratio of the invoice value of our reserved goods to the invoice value of the other materials.
8.2. The customer is entitled to resale in the ordinary course of business for cash payment or subject to retention of title. The customer hereby assigns to us all claims and ancillary rights to which it is entitled from the resale. When selling goods to which we have co-ownership, the assignment is limited to the share of the claim that corresponds to our co-ownership share. In the case of processing within the framework of a contract for work and services, the claim for wages in the amount of the proportionate amount of our invoice for the processed reserved goods is already assigned to us. The assigned claims serve to secure all claims pursuant to Section 8.1. The customer is entitled to collect the assigned claims. The rights from this section can be revoked if the customer does not properly fulfil its contractual obligations towards us, and in particular is in default of payment. These rights also expire without express revocation if the customer stops making payments for longer than just temporarily. At our request, the customer must inform us immediately in writing to whom it has sold goods that we own or co-own and which claims it is entitled to from the resale, as well as issue to us, at its own expense, notarised documents for the assignment of the claims.
8.3. The customer is not entitled to other disposals of the items in our reserved ownership or co-ownership or the claims assigned to us. The customer must inform us immediately of seizures or other legal impairments of the claims belonging to us in whole or in part. The customer bears all costs that have to be incurred to remove third-party access to our reserved property or property assigned as security and to replace the item, insofar as they cannot be collected from third parties.
8.4. In the event of default in payment or any other culpable violation of the customer’s contractual obligations, we are entitled to demand the return of the goods in which we have retention of title or co-ownership, even without prior withdrawal. If we make use of this right, we may only withdraw from the contract – without prejudice to other mandatory legal provisions – if we expressly declare this in writing.
8.5. If the value of the security existing for us exceeds our claims by a total of more than 10%, we will release security of our choice at the customer’s request. 8.6. If the retention of title is not permissible or only permissible to a limited extent in accordance with the legal provisions applicable in the customer’s country, our aforementioned rights are limited to the legally permissible scope.
9.1. Unless otherwise agreed in writing, payment must be made in cash without any deductions 30 days after the invoice date. However, we can also make the delivery dependent on payment step by step or an advance payment.
9.2. We are entitled to offset payments against the oldest claim.
9.3. If the payment deadline is exceeded, we are entitled to demand interest on arrears at a rate of 8% per annum above the respective base interest rate of the Deutsche Bundesbank as defined in § 247 of the German Civil Code. The reference interest is to be set higher or lower accordingly if we or the customer can prove a higher or lower interest charge.
9.4. Payment by bill of exchange is only permissible after prior agreement with us. Bills of exchange and checks are only accepted by us as payment and only count as payment after they have been redeemed.
9.5. If the customer is in default of payment, we are entitled to demand immediate cash payment for all due and undisputed claims arising from the commercial relationship. This right is not excluded by an extension or the acceptance of bills of exchange or checks. If the customer’s financial situation deteriorates significantly after the conclusion of the contract, we can also withdraw from the contract if the customer is not willing to provide payment step by step or to provide security despite being requested to do so. Further statutory rights remain unaffected.
9.6. The customer can only offset claims that are undisputed or have been legally established.
10.1. German substantive law shall apply to the contractual relationship and any direct or indirect disputes arising from it, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10.2. The court of jurisdiction is Viersen or, at our option, a court that holds jurisdiction for the customer’s registered office or branch.
August 2005