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General Terms and Conditions

BAER Vertriebs GmbH
Robert-Bosch-Str. 5
D-68542 Heddesheim
Email: so@baercoil.com
Telefax: +49-6203-404879-0

1. Conclusion of contract

In addition to the provisions of the BGB, our sales activities are based on the following General Terms and Conditions. The ordering party's purchasing conditions do not apply to the business transactions performed with us, even if we do not expressly reject theses terms. The conclusion of a contract requires our written confirmation. Any subsequent amendments must also be made in writing.


2. Delivery obligations

The Delivery of our products are carried out by third party delivery services, which is mentioned during the order transaction. Shipping charges are anounced in the shopping cart before activating the order.
Malfunctions or ipso jure shall entitle us to extend the delivery period for the duration of the operational interruption plus an extra subsequent period. Under some circumstances, our delivery obligations may be completely or partially cancelled. This also applies when the delivery has become impossible even when this is not our fault. The customer may demand that we state whether we want to rescind the contract or deliver within a reasonable period. An entitlement to damages of any kind due to a delayed delivery is excluded in all cases.
Partial deliveries are allowed. In this case the customer has to pay shipping charges just once.
In the case of custom-made orders, we shall reserve the right to make extra or reduced deliveries of 10%, even in cases where partial deliveries have already been made or will be made.
Information about the delivery time are non-binding approximate values, which can exceed in an acceptable period.


3. Prices, payment terms and conditions

The prices on the homepages of BAER Company shown at the date/time of the order order apply. All prices are final prices in Euro and include the current 19% statutory value added tax (VAT). Apparent price mistakes are excepted.
Package and shipping charges will be charged additionaly.
BAER Company accepts any payment methods, offered duing the order transaction on the homepage of BAER Company. The customer can chose this payment method by his own. Additional costs (e.g. cash on delivery charges) also will be charged.
A settlement of mutual claims shall only be permitted with the express written consent of BAER Company.

4. Instruction on the Right of Withdrawal for the consumer

Right of Withdrawal for the consumer

Purchasers who are Consumers, are entitled by applicability of the regulations for distance contracts to a right to revoke the contract on condition of the following instructions: Purchaser may revoke the order within a revocation period of one month without further specification of reasons in written form (e.g. letter, fax or e-mail) or by returning the good(s) - if the good(s) are/is abandoned before the expiry of this period. The revocation period does not start before the reception of this instruction and the receipt of the good(s) (in case of the recurring delivery of congeneric goods the revocation period does not start before the receipt of the first partial delivery of the goods) and the fulfilment of the information requirements provided in §312c passage 2 BGB in confunction with §1 passage 1, 2 and 4 BGB-IfnoV and our duties according to § 312 e passage 1 clause 1 BGB in conjunction with § 3 BGB-InfoV. Punctual dispatch of the revocation or the good(s) suffices as compliance with the time limit.

The revocation must be declared to:

BAER Vertriebs GmbH
Managing Directors: Rudi Baer, Eric Ollinger
Robert-Bosch-Strasse 5
D-68542 Heddesheim
Email: so@baercoil.com

Consequences of the Revocation

In case of an effective revocation, any performance received by one party is to be returned to the respective other, as are benefits derived from such performance, e.g. interest. If Purchaser cannot return the good(s) received in whole or in part, of if Purchaser can only return the received good(s) in a deteriorated state, Purchaser must pay compensation for value insofar. There is no obligation to pay compensation for value if the sole cause of deterioration of the good(s) received was the inspection of the respective good(s), as would have been possible in a retail shop. For the rest, Purchaser can avoid paying compensation for value in respect of deterioration in the good(s) as a result of their/its proper use, if Purchaser does not use the good(s) the way Purchaser uses Purchaser's own property and refrain from doing anything that would curtail the value of the good(s). Goods that are transportable in parcel(s) are to be returned to the seller at seller's risk.

If the good(s) delivered correspond to the good(s) Purchaser ordered and the value of the order does not exceed Forty Euros (40.00 EUR) or in case of a higher value of the order Purchaser has not paid the purchase price or a contractually accorded instalment at the time of the revocation, Purchaser must bear the costs of the return. In all other cases the costs of the return will be borne by the seller. Good(s) that are/is not transportable in parcel(s) will be retrieved by the seller. Obligatory refunds of payments must be made by Purchaser within 30 days after sending the revocation or returning the good(s), by the seller within 30 days after receipt of the revocation or the good(s).

5. Terms of use

All materials contained in these websites, especially web pages, programs, graphics, images, sound, video, scripts and texts are intellectual property (© 1999-2009) of BAER Company. All rights are reserved. Unless explicitly indicated otherwise, you should assume that everything which you see or read on this website is subject to legal protection. All materials should exclusively be viewed, copied, printed out and passed on for personal, non-commercial and information purposes. Any copies must contain a copyright reference to BAER Company. References given to protected rights must not be removed. Any commercial and/or public use of the materials is prohibited.

User behavior

As a user of the BAER Company site you are required to comply with the law of the Federal Republic of Germany. Above all, you undertake to comply with the applicable youth protection regulations. In particular, you are not permitted to send contents over the BAER Company site or in any other way to make them available which are (i) libelous, defamatory, obscene, harmful, pornographic, promoting violence or represent infringement of privacy; (ii) infringe commercial protected rights or (iii) offer goods or services or solicit financial funds. User activities whose purpose is to render the BAER Company site functionally defective or at least to make use of it more difficult are prohibited and could give rise to civil and criminal proceedings. The BAER Company site (including its services) may also not be used for illegal purposes. In particular, it is prohibited to register third parties without their knowledge and explicit consent for the newsletter and/or e-zine service or register third parties without their knowledge and explicit consent for lotteries on the BAER Company site.

Liability

You are yourself responsible for all your activities on and in connection with the BAER Company site. Those with responsibility for upbringing are liable for their children. BAER Company will ensure proper care and maintenance of the BAER Company site. However, BAER Company gives no guarantee that the BAER Company site will be accessible at all times. BAER Company also does not guarantee that the BAER Company site will always be in the most up-to-date condition and free of defects. It is possible that delays, transcription errors or even misinformation could occur. BAER Company is only liable to the extent that BAER Company, its agents and/or statutory representatives commit deliberate or grossly negligent conduct. In the event of minor negligence, BAER Company will only be liable to the extent that major obligations of the agreement are infringed by BAER Company, its agents and/or statutory representatives. In this case, there is no liability of BAER Company and/or its agents and statutory representatives in the event of asset loss in respect of indirect damage, especially consequential damage, unforeseeable damage or untypical damage as well as loss of profit. Any statutorily prescribed fault-Independent liability of BAER Company - especially a statutory guarantee liability - is not affected by the above restrictions of liability. This also applies to the liability of BAER Company in the event of culpable injury of life, limb or health. The four previous paragraphs contain all the contractual and noncontractual claims which arise out of the present agreement and/or the use of the BAER Company site.

Links

In some circumstances, the BAER Company site will contain links to other websites, whose contents cannot be managed and/or influenced by BAER Company. These are purely for reference purposes. BAER Company is not liable either for the accuracy of the content of these websites or for the material which can be obtained from these websites. The linked sites of the relevant website were reviewed at the time of the establishment of the link for possible legal infringements. However, without specific grounds for suspicion of a legal infringement, permanent control of the content of the linked site cannot reasonably be expected.

Changes/improvements

BAER Company reserves the right to change the present utilization conditions and the content and structure of the BAER Company site at any time. This also includes modifying or completely ceasing specific offers and services with a cost obligation.

6. Passage of risk (not applicable by contracting insurance)

If, at the ordering party's request, we ship the sold item to a place other than the place of performance, the risk shall pass to the ordering party as soon as we have delivered the item to the transportation company, the freight haulage company or any other persons or institutions responsible for shipment. § 269 Par. 1 BGB shall always apply.

7. Warranty

BAERCompany guarantees that the goods sold were free of material and manufacturing defects at the time of the passing of risk and that they possess the contractually assured properties. The statutory warranty period shall apply for two years from the date of issue of the invoice. The warranty shall not cover natural wear and tear or abrasion. Customer claims for compensation, e.g. due to non-fulfilment; culpa in contrahendo; infringement of secondary contractual obligations; consequential harm caused by defects; damages resulting from unauthorised actions; and other legal grounds are excluded. By way of exception, BAER Company shall assume liability for absence of a guaranteed quality and for cases of intent or gross negligence. Claims arising from the Product Liability Act shall not be affected by this. Is BAER Company responsible for occurring defects and if the replacement should be defective, too (in the case of an exchange), The client can demand a reduction in price or annulment if we are unsuccessful in remedying the problem. BAER Company shall not be deemed liable for the continuous and uninterrupted availability of www.baercoil.com, nor for technical or electronic errors contained in online offers.

8. Retention of Title and Resale

We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.

9. Data Protection

We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law. We shall have the right to submit personal data relating to the Customer to credit agencies, to the extent necessary for a credit check subject, however, to the Customer's consent in each individual case. We shall neither make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that we are required to disclose any data pursuant to applicable law. We shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Section 10.

10. Legal Venue

The legal venue and place of performance is the location of BAER Company, insofar the ordering party is a businessman. If the buyer is not a businessman, the legal venue is the hometown of the ordering party. Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.

11. Imprint

Company name: BAER Vertriebs GmbH
Address: Robert-Bosch-Str. 5 - 68542 Heddesheim - Germany
Phone: +49-6203-404879-0
Telefax: +49-6203-404879-1
Email: so@baercoil.com
Internet: www.baercoil.com
www.gewindebohrer.de
www.schneideisen.de
www.bohrfutter.com


Managing Directors: Rudi Baer, Eric Ollinger - VAT No: DE290431227

Register Court: Mannheim HRB 717648

12. Supplementary provisions

If any of the provisions of the Agreement concluded between BAER Company and the Buyer were to be or become invalid or contestable, the other provisions hereof shall not be affected thereby. If and in so far as any of the provisions of these General Terms and Conditions of Sale and Delivery is or will be invalid or contestable, the other remaining provisions hereof shall be understood and construed in line with the economic objectives which were had in mind and which were pursued with the invalid or contestable provision.

13. Zusatzbestimmungen

Sollten einzelne Bestimmungen der Vereinbarung zwischen uns und unse- rem Kunden unwirksam oder anfechtbar sein oder werden, so werden die übrigen Bestimmungen hierdurch nicht berührt. Die übrigen Bestimmungen sind vielmehr unter Berücksichtigung des wirtschaftlichen Zweckes auszule- gen, der mit der unwirksamen oder anfechtbaren Bestimmung verfolgt wurde.


Stand 02/2011



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