Terms of Service
G&H Ltd. Rothschenk load securement systems
1. The law of the Federal Republic of Germany applies. UN sales law (CISG) is excluded.
2 These terms and conditions shall apply exclusively to all - including future -
Contracts of any kind between the company G&H GmbH Rothschenk, Industriestraße 8 -
10, 97239 Aub and the customers who are entrepreneurs in the sense of § 14 BGB.
3. these terms and conditions shall also apply to all future transactions with the
customers/clients, insofar as legal transactions of a related nature are involved.
4. if the customer does not have a general place of jurisdiction within the European Union.
Union or if he is an entrepreneur within the meaning of § 14 BGB, the place of jurisdiction for all disputes arising
claims arising from the contractual relationship the registered office of the company
G&H GmbH Rothschenk, Industriestraße 8 – 10, 97239 Aub. Die Firma G& H GmbH
However, Rothschenk is also entitled to bring an action at the registered office of the Customer.
II. Offer and conclusion of contract
1. The presentation of the products and services on the homepage
https://rothschenk.de do not constitute an offer within the meaning of §§ 145 ff. BGB (German Civil Code). The
Products are ordered by placing them in the shopping cart. If the
customer has made his selection, he only has to enter his customer data.
enter, choose a means of payment and select the appropriate products and/or
order services in a legally binding manner. For this purpose, the customer presses the
button with the designation "order subject to payment". The customer enters through
his order an offer directed to the conclusion of the contract. The
Acceptance in the sense of §§ 146 ff. BGB is then made by notification of
the dispatch of the goods by e-mail.
2. The content of the contract shall be governed solely by the order confirmation in text form.
If the order confirmation deviates from the intended order, the
consent of the customer shall be deemed to have been given if the customer does not object without undue delay.
3. subject to deviating individual agreements, contracts shall only be concluded on the basis of these
terms and conditions. Any other terms and conditions are hereby rejected.
III. Prices, payment and offsetting
1. The prices stated in the order confirmation shall apply subject to the proviso that
the offer data on which the order confirmation is based remain unchanged,
however, no longer than four weeks after receipt of the order confirmation by the customer.
Unless otherwise agreed in writing, our prices shall apply ex works.
plus value added tax at the statutory rate applicable at the time. The prices
include packaging, freight, postage, insurance and other shipping costs
or customs duties are not included.
2. invoice amounts are to be paid net within 14 days of the invoice date.
to pay without deductions. Payment is possible by bank transfer (prepayment), PayPal and
possible on account.
3. In the case of larger or first-time orders or new customers, the company G&H GmbH shall retain
Rothschenk reserves the right to choose a different method of payment, e.g. prepayment.
4. after the expiry of a payment deadline, the customer is in default of payment. If finds
the customer shall be liable to the company G&H GmbH Rothschenk with any
payments in arrears, all existing claims shall become due immediately. The
Customer has to pay during the delay the monetary debt in the amount of 8% above the
base interest rate in accordance with Section 248 (2) of the German Civil Code (BGB). The assertion of a
higher damage caused by delay remains reserved. If the customer is in default with the
payment in arrears, the company G&H GmbH Rothschenk is entitled to claim damages until settlement of the
due invoice amounts, including interest on arrears, to no further
delivery from any contract and at its own discretion to withdraw
from contracts concluded or to assert claims for damages instead of
of the service if the customer does not notify us within 10 days after receipt of a
justified reminder has made payment.
5. offsetting against counterclaims shall only be permissible insofar as such counterclaims have been accepted by the
company G&H GmbH Rothschenk recognized in writing or legally established.
are. The customer is without our prior written consent, which shall not be unreasonably
may be denied, not be entitled to assign its claims in kind or to
to have them collected by third parties. For monetary claims, §354 a of the German Commercial Code (HGB) shall apply. The
entitled to transfer all claims arising from our business relationship to third parties.
to be ceded.
IV. Retention of title
1. the company G&H GmbH Rothschenk reserves the right of ownership of all products
(goods subject to retention of title) and any additional ancillary services owed until the full
Payment of all amounts owed to us from the business relationships
claims. In the case of a current account, the retention of title shall be deemed security
of their balance claim.
2. the customer undertakes to treat the goods with care for as long as the
ownership has not passed to him.
3. The customer is entitled to resell the reserved goods in the normal course of business.
business transactions. The claims of the company G&H GmbH Rothschenk
from the resale of the reserved goods, the customer hereby assigns to the
G&H GmbH Rothschenk in the amount of the final invoice amount agreed with us (including value added tax). The company G&H GmbH Rothschenk
accepts this assignment. The customer shall continue to be entitled after the assignment,
to collect these claims. The company G&H GmbH Rothschenk reserves the right to
However, we reserve the right to collect the receivables in question ourselves as soon as the customer has
does not properly fulfill his payment obligations and is in default of payment
4. if the goods are inseparably mixed with objects that do not belong to the
the company G&H GmbH Rothschenk acquire the co-ownership of the new object.
in the ratio of the value of the goods to the other mixed objects at the
Time of mixing.
5. if the value of the securities existing for us exceeds the claims to the
customer by more than 20%, the company G&H GmbH Rothschenk is on request
of the customer shall be obliged to release the securities to this extent.
6. if the customer violates the above-mentioned obligations in section IV No.1-5
considerable, the company G&H GmbH Rothschenk is entitled to withdraw from the contract.
(1) In principle, an obligation to pay by instalment within the meaning of Section 447 of the German Civil Code (BGB) is agreed if
unless a debt to be discharged by the customer has been expressly agreed in writing.
If the customer is an entrepreneur in the sense of § 14 BGB (German Civil Code), the delivery of the
goods to a forwarding agent or carrier, at the latest, however, upon leaving the
warehouse or - in the case of drop shipments - of the supplying plant, the risk shall pass to the
customer via. Insurance shall only be taken out on the instructions of the customer, in whose
name and at its expense.
3. it is equal to the delivery if the customer is in default with the acceptance.
Insofar as collection has been agreed, the material risk shall pass with the notification of the
provision to the customer. If the collection does not take place in due time, the
company G&H GmbH Rothschenk is entitled, after setting a reasonable deadline, to
ship or store goods at the customer's expense.
4 Delivery periods and dates shall be deemed to have been complied with if the goods have been delivered to the
operation of the company G&H GmbH Rothschenk has left. They extend only in
appropriate framework in the case of measures taken in the context of labor disputes,
in particular strikes and lockouts, as well as in the event of unforeseeable circumstances.
Obstacles that lie outside of our will, as far as such obstacles are
demonstrably has a significant influence on the manufacture or delivery of the goods.
are. This shall also apply if the circumstances occur with upstream suppliers. Such
G&H GmbH Rothschenk shall inform the Customer immediately of any circumstances.
If the execution of the contract becomes impossible for one of the parties due to this
circumstances unreasonable, it may withdraw from the contract to that extent.
5. G&H GmbH Rothschenk is entitled to make partial deliveries to a reasonable extent.
1. if the customer is an entrepreneur within the meaning of § 14 BGB, set
The customer's warranty rights require that the customer has fulfilled its obligations in accordance with §377 HGB.
and complaint obligations owed to us properly.
has complied with. Complaints are only valid within one week after receipt
of the goods is permissible. Hidden defects, which are discovered after the immediate examination
are not to be found, must be replaced within the statutory warranty period.
be asserted in writing.
(2) If the customer acts as an entrepreneur within the meaning of § 14 of the German Civil Code (BGB)
Claims for defects shall become statute-barred 12 months after handover at the customer's premises.
Prior to any return of the goods, the consent of the company G&H GmbH
Rothschenk to catch up.
3. if, despite all the care taken, the delivered goods should have a defect
which already existed at the time of the transfer of risk, then the
Company G&H GmbH Rothschenk the goods, subject to timely notice of defects.
rectify the defect or deliver replacement goods at its discretion. It is the company G&H GmbH
Rothschenk always has the opportunity to remedy the defect within a reasonable period of time.
to give. Recourse claims shall remain unaffected by the above provision.
4. if the subsequent performance fails, the customer may - irrespective of any
claims for damages - withdraw from the contract or reduce the remuneration.
5. claims for defects shall not exist in the case of only insignificant deviation from the
agreed condition, in the case of only insignificant impairment of the
usability, in the case of natural wear and tear, as well as in the case of damage caused after
the transfer of risk as a result of faulty or negligent handling,
excessive stress, unsuitable operating materials or due to particular
external influences which are not assumed under the contract. If
improper repair work or modifications by the customer or third parties.
and the consequences thereof shall also be covered by the provisions of this Section.
no claims for defects.
6. claims of the customer due to the costs necessary for the purpose of subsequent performance
Expenses, in particular transportation, travel, labor and material costs, shall be
excluded, insofar as the expenses increase because the goods delivered by us are
goods subsequently to a place other than the branch office of the customer
has been transferred, unless the transfer corresponds to the
7. recourse claims of the customer against the company G&H GmbH Rothschenk
exist only insofar as the customer has not agreed with his customer on any terms exceeding the statutory
the customer has made any agreements beyond the scope of the mandatory warranty claims. For
the scope of the customer's right of recourse against the supplier shall also be governed by No.
8. the limitation period of 12 months shall apply to customers who are entrepreneurs in the sense of
of § 14 of the German Civil Code (BGB) are also applicable to the limitation of recourse claims in
of the supply chain in accordance with § 445 b para. 1BGB. The suspension of expiration from § 445 b para. 2
BGB remains unaffected. The following shall apply to claims for damages
recourse claims in the supply chain, the statutory limitation periods shall apply.
1. the company G&H GmbH Rothschenk is liable for damages arising from any
legal grounds for damages caused by the company G&H GmbH Rothschenk, their
legal representatives or their vicarious agents intentionally or through gross negligence.
damage caused by injury to life, limb or health, or damage caused by the
Health even in case of slight breach of duty by the company G&H Ltd.
Rothschenk, its legal representatives or its vicarious agents, damage the
are caused by the absence of a guaranteed quality or
concern defects which the company G&H GmbH Rothschenk has fraudulently concealed,
unlimited in terms of amount.
2. in the traffic between entrepreneurs the company G&H GmbH Rothschenk is liable for
breach of material contractual obligations, insofar as their liability is not already excluded under
the foregoing, the amount shall be limited to the typical contractual damage
foreseeable damage at the conclusion of the contract.
3. any further liability for damages, in particular the liability without
fault, is excluded. Excluded from this is in the case of
a. liability for damages resulting from injury to life, limb or health.
health, which are based on a negligent breach of duty by the company G&H GmbH.
Rothschenk or an intentional or negligent breach of duty of a
legal representative or vicarious agent of the same.
b. liability for other damages resulting from a grossly negligent breach of duty.
of the company G&H GmbH Rothschenk or on a deliberate or grossly negligent
negligent breach of duty by a legal representative or vicarious agent
of the same are based.
4. Liability under the Product Liability Act remains unaffected.
VIII Final Provisions
1. assurances, collateral agreements, amendments and supplements to the contract
require the written form, whereby the formal requirement is only waived by express,
written declaration may be waived for the individual case.
2. the customer is aware that the data provided by him at the time of recording or during the
business relationships, personal data is processed,
stored in particular. Upon request, this data together with these
GTC sent to the customer by e-mail. From further information obligations
the company G & H GmbH Rothschenk is exempted.
3. should individual provisions of these terms and conditions be or become invalid,
the validity of the remaining provisions shall remain unaffected. The
Contracting Parties undertake to replace the ineffective obligations
to bring about a settlement that comes as close as possible to the intended success and that
the parties would have agreed, if they had not been aware of the ineffectiveness of the relevant
destination would have known.