Scope

The following General Terms and Conditions (sales, delivery and payment conditions) apply to all contracts, deliveries and other services including consulting services and information.

They also apply to all future contracts with the customer as well as to future deliveries and other services to be provided to him.

Conflicting terms and conditions are contradicted.

We only supply entrepreneurs (§ 14 BGB), legal entities under public law and special funds under public law. We generally do not supply private end consumers.

Our products are intended exclusively for professional use and generally do not meet the requirements that must be observed for private end users.

Conclusion of Contract

Orders to us, contract changes and additions as well as additional agreements must be in writing. Orders placed by telephone or in another form are deemed to have been accepted when the goods and invoice have been dispatched or handed over.

Prices & Price Lists

Our prices apply ex warhorse. VAT is not included in the price and will be invoiced separately at the statutory rate. Our prices continue to apply plus the disposal fees charged by the dual system. The prices apply at the time the order is placed.

A shipping service of 7.50 euros can be charged for each delivery.

When using our JS Service GmbH service* we charge a flat rate service fee of 12.00 euros. For special processing (e.g. bulky goods, express orders, general cargo), JS Service GmbH is entitled to charge higher service flat rates.

If delivery is requested during the following working day (within 24 hours), an express flat rate of 9.50 euros plus shipping costs will be charged for a normal shipment; If delivered by a forwarding company, the express flat rate is 25.00 euros plus shipping costs.

If the agreed delivery period is longer than one month from the conclusion of the contract, we are entitled to calculate the prices according to our price list valid on the day of delivery. 

Payment

Our invoices are payable within 20 days of the invoice being issued without deductions.

If JS Service GmbH is entitled to collect claims against the customer by direct debit due to a SEPA direct debit mandate from the customer, the customer agrees that JS Service GmbH will notify him of a SEPA direct debit at the latest three (3) calendar days before the day of the intended collection of a SEPA direct debit ( Execution date) can send advance information (pre-notification) about this.

The customer is in default of payment upon receipt of the first reminder or without a reminder 30 days after the due date and receipt of an invoice in accordance with Section 286 Paragraph 3 of the German Civil Code (BGB). In the event of a delay, JS Service GmbH is entitled to default interest in accordance with Section 288 of the German Civil Code (BGB), subject to proof of further damage caused by the delay.

Offsetting against unrecognized or legally established claims of the customer is excluded. This also applies to a right of retention due to such counterclaims, provided that these claims are not based on the same contractual relationship.

Delivery

Our delivery obligation is subject to complete and correct self-delivery, unless the non-delivery or delay is our fault.

For custom-made products, excess or short deliveries of up to 10% are permitted and will be taken into account in the invoice.

With regard to the dimensions specified for our delivery items, we reserve the right to make customary deviations unless we have expressly guaranteed that the dimensions will be adhered to.

We are entitled to partial deliveries.

If the dispatch of the ordered delivery items is delayed for reasons for which the purchaser is responsible, the risk is transferred to the purchaser upon receipt of notification of readiness for dispatch.

The reliable shipping of the ordered goods is ensured by freight carriers commissioned by us and our partner companies. The parties agree that in the event of a dispute, it is the purchaser's responsibility to prove non-receipt of a delivery.

In the event that goods are taken back as a gesture of goodwill, we are entitled to charge a restocking fee of 20% of the value of the goods taken back, at least 15.00 euros and a maximum of 250.00 euros.

Delivery Time

Agreed delivery deadlines are extended appropriately if unforeseen obstacles occur that are beyond our control, such as strikes, lockouts, operational disruptions, delays in the delivery of primary materials, regardless of whether these obstacles occur with us or with our suppliers. We are not responsible for such circumstances even if we are already in default. If they occur, both parties are entitled to withdraw from the contract.

Retention of Title

The items delivered by us remain our property until all of our current claims against the customer, as well as future claims insofar as they are related to the items delivered, have been fulfilled.

The purchaser is entitled to resell the delivery items that are our property (reserved goods) in the ordinary course of business. However, he hereby assigns to us all claims arising from this resale, regardless of whether the reserved goods are resold before or after processing or whether or not they are connected to real estate or movable property. If the reserved goods are resold after processing or together with other goods that do not belong to us or are combined with real estate or movable property, the purchaser's claim against his customers is valid in the amount of the delivery price agreed between the purchaser and us Retained goods as assigned.

The customer is authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected, but we undertake not to do this as long as the customer properly meets his payment obligations. If the customer makes use of the collection authority, we are entitled to the collected proceeds in the amount of the delivery price for the reserved goods agreed between the customer and us.

Processing or transformation of the reserved goods is carried out for us as the manufacturer in accordance with Section 950 of the German Civil Code (BGB) without any obligation on us. If the reserved goods are processed with other items, we acquire co-ownership of the new item in the ratio of the market value of our goods to the value of the other processed items at the time of processing. The purchaser will store the new item for us free of charge with due care.

We undertake to release the securities to which we are entitled upon request to the extent that their realizable value exceeds the claims to be secured by more than 20%

If we accept a bill of exchange as a means of payment, our retention of title continues until it is clear that we can no longer be held liable for this bill of exchange.

Complaints

Obvious defects must be reported in writing and specified within 10 days of receipt of the goods.

Warranty

We grant the customer legal restrictions and shortcut options within the scope of the statutory warranty rights.

Exclusion of claims for damages

We are liable - for whatever legal reasons - for damages that arise as a result of omission or incorrect execution of suggestions or advice given before or after the conclusion of the contract or due to the violation of other contractual ancillary obligations - in particular instructions for the operation and maintenance of the delivery item - which did not arise from the delivery item itself whatever – just

if intentional

in the event of gross negligence

in the event of culpable injury to life, body and health,

in the case of defects that we fraudulently concealed or whose absence we have guaranteed,

in the event of defects in the delivery item, insofar as liability for personal injury or property damage to privately used items is in accordance with the Product Liability Act.

In the event of a culpable breach of essential contractual obligations, we are also liable for gross negligence on the part of non-executive employees and for slight negligence, but in the latter case limited to the damage typical for the contract and reasonably foreseeable. Further claims for damages are excluded.

In the event of damage due to late delivery of express orders (“delivery within the next working day”), JS Service GmbH is liable up to a maximum of EUR 50 per order. The assertion of further damages caused by delay is excluded.

We assume no liability if the purchaser makes our products intended for professional use available to private end consumers.

JS Service GmbH Service

The machines are dismantled to analyze the damage. Repairs under warranty are carried out free of charge. Wear and tear and misuse do not constitute warranty cases.

If there is no warranty claim, we determine the need for repairs and the necessary repair costs. If the repair costs are below the purchase price of the item, we will carry out the repair at the customer's expense. The customer will only be charged for the costs actually incurred.

In the event of a total economic loss (repair costs are higher than the current value of the machine), we will make the customer an offer to purchase a new machine. If the customer does not respond to our offer to purchase a new machine within a week, we will contact the customer by telephone. If the customer neither orders the purchase of a new machine nor demands the return of the defective machine, we will contact the customer again in writing after 2 weeks with a grace period of another 2 weeks. If this deadline also passes without incident, we will assume that you have neither ordered a new purchase nor wished to return the machine and will dispose of the machine free of charge.

If the customer requests the machine back unrepaired, we are obliged by existing technical regulations to send the machine back in a disassembled condition. In this case, we charge a processing fee of €20.00 plus a handling and service fee of €15.00. The use of the unrepaired machine assembled by the purchaser himself is at the purchaser's sole risk. We are not liable for any damage in this case.

For all orders (except for warranty cases and disposal) an additional service and handling fee of €12.00 will be charged. For special processing (e.g. fall protection tests, bulky goods, express orders, general cargo, tests) we are entitled to charge additional service flat rates or to bill them based on actual effort. As part of fall protection tests, the customer will be billed for the costs of the test, even if the device does not pass the test.

The warranty period for repaired machines is 12 months, but does not end before the end of the original contractual warranty period. In addition, we will repair the machine free of charge if damage (including other or additional damage) is discovered within 6 months from the time of the repair; Excluded are damages caused by wear and tear or misuse. Also excluded are subsequent repairs for which the purchaser has decided on a previous partial repair.

When replacing batteries, we offer a 1-year warranty from the date of purchase; Damage caused by incorrect use is excluded.

Software

The purchaser is granted a non-exclusive and non-transferable user right to programs and the associated documents and subsequent additions for internal use with the products for which programs are delivered. All other rights to the programs and documentation, including copies and subsequent additions, remain with JS Service GmbH. The purchaser must ensure that these programs and documents are not accessible to third parties without the prior consent of our company. In principle, copies may only be made for archival purposes as replacements or for troubleshooting. The transfer of source programs requires a separate written agreement. If the originals bear a note indicating copyright protection, the purchaser must affix this note to the original. Unless otherwise agreed, the right of use is deemed to have been granted upon delivery of the order and delivery of the programs, documentation and subsequent additions. Changes to the programs are not permitted; If programs modified by the customer or third parties are used, JS Service GmbH is not liable for damages.

The customer is advised that, given the current state of technical development, errors in the software program cannot be completely ruled out. The customer will examine the software immediately after delivery and immediately notify our company in writing of any obvious errors. Our company guarantees that the functionality of the software essentially corresponds to the description in the documentation or the specifications in the order confirmation. Furthermore, our company does not guarantee any specific properties of the software programs or their suitability for customer purposes or customer needs. Our company is not liable for the replacement of data unless our company causes its destruction through gross negligence or intent and the customer has ensured that this data can be reconstructed with reasonable effort from the data material, which is recorded in machine-readable form.

Insofar as exclusions of liability in accordance with the above paragraphs can only be legally bindingly agreed between full-time merchants, the legally permissible option of extensive exclusion of liability remains in a transaction with a non-merchant.

Textural characteristics

The information, drawings, illustrations, samples, brochures, technical information and catalogs and other technical data and usage recommendations contained in brochures, catalogs, advertisements and price lists or in the documents associated with an offer are non-binding and do not exempt the purchaser from checking the Goods for their suitability for the intended purposes, processes and applications. They only become part of the contract if and to the extent that they are expressly confirmed by us as binding. Quality guarantees are only those that are expressly designated as such in the order confirmation. Application, use and processing of the purchased goods are exclusively the responsibility of the purchaser. We reserve ownership rights and copyrights to illustrations, drawings and other documents. They may only be used for the contractually intended purpose without our consent and may not be made accessible to third parties.

Data Protection

Please see our data protection regulations. These can be found at:

https://www.bigbagimports.com/privacypolicy

       can be read & downloaded.

Place of performance, place of jurisdiction, applicable law is Wuppertal.

The place of jurisdiction for all disputes arising from our legal relationship with the customer is Wuppertal. However, we are also entitled to file a lawsuit at the customer's headquarters.

German law applies, and in exceptional cases the UN Convention on Contracts for the International Sale of Goods applies.

How to reach us

If you have general questions about the Terms & Conditions of our service,  please contact us at jansen@scherber.de.

JS Service GmbH

Clausenstrasse 39c

42285 Wuppertal

- Germany -

Tel.:  +4920251561701

Last changed on 1.1.2024