1. general provisions
These terms of delivery and payment apply to all current offers and contracts for our services and deliveries of goods, even if no reference is made to them in individual cases. deviating provisions shall only apply if they have been recognized in writing by both contracting parties. in addition to these terms and conditions, the statutory provisions, in particular the German Civil Code (BGB) and the German Commercial Code (HGB), shall apply.

2. Delivery, delay, call orders

Delivery periods shall commence on the date of order confirmation. All stated delivery dates are to be understood as conditional dates and are subject to timely delivery by our suppliers. In the event of delay, the customer shall not be entitled to claim damages, to make a covering purchase or to withdraw from the contract. The customer’s right to withdraw from the contract after the fruitless expiry of a reasonable grace period set remains unaffected.
Partial deliveries are permitted in all parts. Each partial delivery shall be deemed a separate transaction and shall not affect the unfulfilled part of the order.
Unforeseen obstacles to delivery in the event of force majeure, strike, operational disruptions in our own company or in that of our supplier, transport difficulties, etc. entitle us to postpone deliveries for the duration of the obstacle and a further reasonable period or to withdraw from the contract insofar as it has not yet been fulfilled. Claims for damages, covering purchase or subsequent delivery are excluded.
Call orders are binding orders for which only the quantity and date of the individual partial deliveries have not yet been determined at the time the order is placed. Call-off orders must be accepted within 12 months of the order being placed at the latest. In the event of non-acceptance, the remaining quantity will be delivered automatically after expiry of the aforementioned period. All products are supplied without light sources (with the exception of LEDs). We will of course supply these on order.

3. assurance of properties
Statements and information on specific properties and/or the suitability of the goods for a specific purpose are only binding if they are expressly designated as a warranty in writing when the contract is concluded.

4. Shipment and transfer of risk
If the goods are sent to the customer at the customer’s request, the risk shall pass to the customer when the goods are handed over to the shipping agent, but at the latest when they leave our factory, irrespective of how transportation is carried out or who bears the freight costs. All transportation is always at the customer’s expense. Transport insurance shall only be taken out at the express request of the customer and at the customer’s expense.

5. Prices and terms of payment
Prices are subject to change and are quoted ex works excluding packaging and shipping costs, plus the applicable statutory value added tax (VAT).
Packaging and shipping costs will be charged additionally according to expenditure.

If the purchase prices increase for us after conclusion of the contract, the additional expenses can be invoiced in addition to the value of the goods ordered in accordance with our respective valid conditions.

The invoice amount is always due immediately without deduction, regardless of any complaints. Private customers and all first-time customers must always transfer the invoice amount in advance to one of our business accounts. In all other cases, we reserve the right to grant individual deviations from this, discounts or different terms of payment. These are then only valid after prior written agreement.

Partial deliveries are permitted in all parts. Each partial delivery shall be deemed a separate transaction and shall not affect the unfulfilled part of the order.

Unforeseen obstacles to delivery in the event of force majeure, strike, operational disruptions in our own company or in that of our supplier, transport difficulties, etc. entitle us to postpone deliveries for the duration of the obstacle and a further reasonable period or to withdraw from the contract insofar as it has not yet been fulfilled. Claims for damages, covering purchase or subsequent delivery are excluded.

Call orders are binding orders for which only the quantity and date of the individual partial deliveries have not yet been determined at the time the order is placed. Call-off orders must be accepted within 12 months of the order being placed at the latest. In the event of non-acceptance, automatic delivery and invoicing for the remaining quantity shall take place after expiry of the aforementioned period.

LED luminaires are always supplied with the LED configuration ordered; all other luminaires or other products are supplied without light sources. If ordered, we will of course also supply these.

Default of payment occurs when the claim becomes due, without the need for a special reminder.

In the event of default of payment, all claims arising from the business relationship shall become due immediately. Payments shall only be deemed to have been made on the day on which we can dispose of the invoice amount in one of our accounts. In the event of late payment, reminder fees shall be charged, which shall be due and payable together with the invoice amount.

In addition, default interest will be charged in accordance with § 288 BGB.

6. Retention of title
We retain title to all goods delivered by us (goods subject to retention of title) until full payment of all claims arising from the business relationship, even if the purchase price for specifically designated claims has already been paid. In the event of processing with other goods not belonging to us, we shall be entitled to co-ownership of the new item in the ratio of the value of the goods subject to retention of title to the other processed goods at the time of processing. The customer’s claim from a resale of the reserved goods shall be assigned to us from the outset, irrespective of whether the goods are resold in modified or unmodified condition or whether they are resold to one or more purchasers.

The customer is only entitled to resell the goods subject to retention of title on condition that the corresponding purchase price claim from the resale is transferred to us. He is not entitled to dispose of the goods subject to retention of title in any other way (e.g. pledging, transfer by way of security, etc.). The customer is obliged to inform his customers of the assignment upon request.

In the event of non-fulfillment of our customer’s payment obligations towards us, we are furthermore entitled, on the basis of the reservation of title, to remove the delivered goods at any time to secure our claims, even without a court judgment. The customer irrevocably authorizes us to enter the premises where the goods are located. The surrender of the goods does not constitute a withdrawal from the contract. We are entitled to utilize the goods subject to retention of title and to satisfy our claims from the proceeds by offsetting them against the outstanding claims.

7. material defects, warranty claims, other claims for damages
The assertion of claims for defects and warranty claims presupposes that our customer has properly fulfilled his obligations to inspect the goods and give notice of defects.

If the object of performance is defective or lacks warranted characteristics, we shall, at our discretion, either rectify the defect or supply a replacement, to the exclusion of any further warranty claims by the customer. The discovery of such defects must be notified to us in writing by post immediately, in the case of recognizable defects no later than 5 days after receipt, in the case of non-recognizable defects immediately after discovery.

Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery. Minor deviations in color, shape and position are due to the manufacturing process and therefore do not constitute grounds for complaint. The same applies to the comparison between other templates and the end product. The warranty period ends no later than 24 months after the goods have left our factory.
If subsequent improvements or replacement deliveries fail, the customer has the right to withdraw from the contract to the exclusion of any further claims. Any further liability for consequential damages is excluded, unless we are guilty of intent or gross negligence. Claims for damages arising from impossibility of performance, from delay, from positive breach of contract, from culpa in contrahendo and from tort are excluded, unless they are based on intent or gross negligence on our part.

If the customer makes changes to the goods delivered by us which were not agreed in writing when the contract was concluded or if the goods delivered are not used properly or for the intended purpose, any warranty claims or claims for damages which could be asserted against us shall lapse from this point in time.

8. return of goods as a gesture of goodwill
Return of goods outside the warranty for defects will only be accepted if this has been agreed in writing in advance. Packaging and shipping costs shall be borne by the customer. We charge a handling fee of 5% of the net value of the goods. If defects in the goods taken back are the responsibility of the customer and are to be rectified by us, the costs incurred for this are to be paid by the customer in addition to the handling fee. Defects in the packaging material are excluded from this.

9. Copyright and other industrial property rights
We reserve all property rights and copyrights as well as other industrial property rights to offers, drawings and other documents provided by us in order to initiate, prepare or process the conclusion of a contract, insofar as these exist. If we prepare a cost estimate on behalf of the customer with (or without) a specification of services without a corresponding prior invitation to tender by the customer, this specification of services shall also be subject to copyright. Any further use of the bill of quantities is only possible with our prior written consent. Unauthorized use will be prosecuted and charged at double the fee rate for engineering services. If no contract is concluded, all documents must be returned immediately upon our request and the customer’s own copies (in particular in digital or written form) must be destroyed; the costs for the preparation of the bill of quantities will be charged in full.

10. Place of performance and jurisdiction
The place of performance and place of jurisdiction for all obligations arising from the contractual relationship as well as any legal disputes concerning its creation and effectiveness is Berlin, the registered office of BRAUN Lighting Solutions GmbH or BRAUN Lighting Solutions e.K., which manufacture the goods.

11. Supplementary provisions
The general terms of delivery for products of the services of the electrical industry apply in addition, unless otherwise stipulated in the present provisions.
The invalidity of individual conditions or agreements does not affect the validity of the remaining conditions and agreements of a contract.

BRAUN Lighting Solutions e.K.
Nunsdorfer Ring 2-10
12277 Berlin
Managing Director: André Braun

Owner: André Braun
Status: 2019-11-15