Terms and Conditions of Michael Schladt WARCO Bodenbeläge
§ 1 Scope of application
The following provisions apply to the sale of movable goods to both consumers and businesses (customers).
§ 2 Shipping costs
Shipping costs are generally borne by the customer. All prices are ex works (from the place of business).
§ 3 Delivery time / Partial deliveries / Reservation of self-supply
(1) The delivery period is approximately 7 – 21 days from the conclusion of the contract. If delivery is delayed, the customer may request WARCO in writing to deliver within a reasonable period of time, starting 10 days after the delivery date has been exceeded; once the request is received, WARCO shall be deemed in default.
(2) Partial deliveries are permitted provided they are reasonable for the customer.
(3) WARCO reserves the right to withdraw from the contract if, despite having entered into a corresponding purchase agreement beforehand, it does not receive the item to be delivered; WARCO’s liability for intent or negligence remains unaffected in accordance with § 11 of these terms. WARCO shall inform the customer without delay if the item is not available in time and, if it wishes to withdraw, shall exercise this right without delay; in the event of withdrawal, WARCO shall promptly refund any payment already made by the customer.
§ 4 Return shipping costs
(1) If the customer, as a consumer, has purchased one or more items from WARCO via a distance selling contract (§ 312 c BGB) and exercises their statutory right of withdrawal, they shall bear the costs of returning the goods.
(2) This obligation to bear return costs does not apply if the goods delivered do not correspond to the goods ordered.
§ 5 Due date and default
The purchase price is due in full upon delivery. If the customer fails to make payment, they shall automatically be in default 14 days after delivery, without any further notice from WARCO.
§ 6 Right of retention in case of defects
If defects are present, the customer is not entitled to withhold payment unless the amount withheld is proportionate to the defects and the estimated costs of rectification (in particular, defect elimination). This provision does not impose any further limitation on the customer’s right of retention.
§ 7 Flat-rate compensation (storage fee)
If the buyer delays acceptance, resulting in a delay in delivery, the seller may charge a flat-rate storage fee of 1% per month (prorated if applicable), up to a maximum of 5% of the purchase price. The customer may prove that WARCO incurred no or significantly lower damages. WARCO may likewise prove that greater damages were incurred.
§ 8 Retention of title
The delivered goods remain the property of the seller until full payment has been received.
§ 9 Obligation to notify defects
If the customer is a business, they must report any obvious material or legal defects to WARCO in writing within 14 days of receiving the goods; sending the notice within the deadline is sufficient. The defects must be described in as much detail as possible.
This does not affect the obligations of commercial customers under § 377 of the German Commercial Code (HGB) to properly inspect and notify defects.
§ 10 Right of withdrawal
(1) If the delivered goods are defective, the statutory provisions on withdrawal shall apply.
(2) In all other cases, the customer may only withdraw from the contract within the limits of statutory provisions and if WARCO is responsible for the breach of duty.
(3) In all cases of breach of duty, the customer shall, upon request by WARCO, declare within a reasonable period whether they intend to withdraw from the contract or insist on delivery.
§ 11 General exclusion of liability
(1) WARCO shall be liable in accordance with the statutory provisions only for its own actions or those of a legal representative or vicarious agent in cases of intent or gross negligence, as well as in cases of slight negligence resulting in injury to life, body or health. Otherwise, WARCO shall only be liable under the Product Liability Act or for culpable breach of essential contractual obligations, or if it has fraudulently concealed a defect or has given a guarantee for the condition of the delivered goods. In the event of culpable breach of essential contractual obligations, liability is limited to foreseeable damage typical for the contract, unless one of the cases described above also applies.
(2) The above provisions apply to all claims for damages (including damages in addition to or instead of performance), regardless of the legal grounds – particularly due to defects, breach of contractual obligations, or tort. They also apply to claims for reimbursement of futile expenses. Liability for delay is governed by § 12 of these terms; liability for impossibility is governed by § 13.
(3) These provisions do not entail a reversal of the burden of proof to the detriment of the buyer.
(4) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 Limitation of liability in case of delay
(1) If non-compliance with deadlines is due to force majeure – such as mobilisation, war, civil unrest – or other similar events not attributable to WARCO, such as strikes or lockouts, the deadlines shall be extended by the duration of these events or their effects.
(2) WARCO shall be liable in accordance with statutory provisions for its own actions or those of a representative or vicarious agent in cases of intent or gross negligence, and for slight negligence causing injury to life, body or health. In all other cases of delay, WARCO's liability for damages in addition to performance shall be limited to 10%, and for damages instead of performance (including reimbursement of futile expenses) to 25% of the value of the delivery. Further claims – even after expiry of any grace period set by WARCO – are excluded. This limitation does not apply in the case of culpable breach of essential contractual obligations. In such cases, liability is limited to foreseeable damage typical for the contract, unless another of the aforementioned cases applies. The customer’s right to withdraw under § 10 remains unaffected.
(3) These provisions do not entail a reversal of the burden of proof to the detriment of the buyer.
§ 13 Limitation of liability in case of impossibility
If delivery is impossible, WARCO shall be liable for its own actions or those of a representative or vicarious agent in cases of intent or gross negligence, and for slight negligence causing injury to life, body or health in accordance with statutory provisions. In all other cases, the customer’s claims for damages (including reimbursement of futile expenses) shall be limited to 25% of the value of the delivery. Further claims due to impossibility are excluded – even after any grace period set by WARCO. This limitation does not apply in cases of culpable breach of essential contractual obligations. In such cases, liability is limited to foreseeable damage typical for the contract, unless one of the above exceptions applies. The customer’s right to withdraw under § 10 remains unaffected. These provisions do not entail a reversal of the burden of proof to the detriment of the customer.
§ 14 Statute of limitations
(1) If the delivered item is used, the limitation period for damage claims due to defects is six months for consumer customers – regardless of the legal basis. Other claims and rights related to defects expire after one year. If the delivered item is new or to be newly manufactured, the limitation period for defect-related damage claims is two years.
(2) If the delivered item is used, the limitation period for defect-related damage claims is six months for business customers – regardless of the legal basis. Other claims and rights related to defects expire after one year. If the delivered item is new or to be newly manufactured, the limitation period is one year.
(3) The above limitation periods do not apply in the following cases:
a) in cases of intent or fraudulent concealment of a defect, or where WARCO has provided a guarantee for the condition of the delivered item;
b) if the item is a building or an object used for a building in accordance with its intended purpose and causes its defectiveness, or where the claim relates to a third party’s real right that justifies the return of the item;
c) for claims based on gross negligence, culpable breach of essential contractual obligations not related to defective delivery, injury to life, body or health, or under the Product Liability Act. The same limitation periods apply to claims for reimbursement of futile expenses.
(4) The limitation period for all claims for damages begins upon delivery.
(5) Unless otherwise expressly stated, statutory provisions regarding the commencement, suspension, interruption and renewal of limitation periods remain unaffected.
(6) These provisions do not entail a reversal of the burden of proof to the detriment of the buyer.
§ 15 General provisions
If the customer’s registered office or place of residence is not in the Federal Republic of Germany, the place of business of WARCO shall be the non-exclusive place of jurisdiction. Mandatory exclusive jurisdictions – e.g. for legal dunning procedures – remain unaffected.