Terms and Conditions

The following delivery and payment terms are part of all delivery and purchase contracts between BSSE GmbH and the purchaser. Deviating agreements require written form and the written consent of BSSE GmbH.
Unless otherwise agreed, the net prices valid at the time of delivery, excluding packaging plus the applicable VAT, apply. If the purchaser desires insurance or delivery to their location, the purchaser also bears the resulting risk and costs for transport, packaging, postage, etc.
By providing the purchase and delivery item at BSSE GmbH’s business premises for collection by the purchaser, BSSE GmbH has fulfilled its performance and delivery obligation. This also applies if the delivery item is delivered to the purchaser. In this case, the risk passes to the purchaser upon loading the goods at BSSE GmbH’s shipping point or business premises, regardless of whether BSSE GmbH or a third party carries out the delivery.
Delivery times are only considered binding if confirmed in writing. The delivery period begins, unless a deadline is specified, at the earliest when the contract is concluded and all technical questions as prerequisites for delivery, including the conclusion of any leasing contract by a leasing company and its payment terms, are clarified. If an agreed delivery date is exceeded by more than 6 weeks, the purchaser must set BSSE GmbH a reasonable grace period of at least two weeks in writing. If this period is not met, the purchaser can withdraw from the contract. The withdrawal must be made in writing by registered letter with return receipt within eight days after the grace period has expired. Claims for damages of any kind due to delayed delivery or non-delivery are excluded.
If the purchaser does not accept the goods, BSSE GmbH can withdraw from the contract after a fruitless grace period of 2 weeks or demand compensation for non-performance. In the latter case, BSSE GmbH can either demand 30% of the purchase price as compensation without proof of damage or the actual damage.
Price changes are permissible if more than four months lie between the conclusion of the contract and the agreed delivery/performance date. If wages, material costs, or market entry prices increase until the delivery is completed, BSSE GmbH is entitled to increase the price accordingly to the cost increases. The purchaser is only entitled to withdraw if the price increase significantly exceeds the general cost of living increase between the order and delivery. If the purchaser is a merchant, a legal entity under public law, or a special fund under public law, price changes are permissible according to the above regulation if more than six weeks lie between the conclusion of the contract and the agreed delivery date.
Invoices are due for payment immediately upon receipt and payable without any deduction. The purchaser is in default 30 days after the due date and receipt of an invoice or an equivalent payment request according to the Law to Accelerate Due Payments of March 30, 2000. For obligations involving recurring monetary payments, § 284 para. 2 BGB applies. A monetary debt is to be interest-bearing during the default period at five percentage points above the base interest rate according to § 1 of the Discount Rate Transition Act of June 9, 1998. The assertion of a higher interest damage and further claims for damages remains reserved for BSSE GmbH. The purchaser can only offset against due payment claims of BSSE GmbH with undisputed or legally established claims. A right of retention by the purchaser can generally not be exercised unless there are defects in the delivered item. In this case, the right of retention can only be exercised to the extent corresponding to the amount required to remedy the defect.
BSSE GmbH retains ownership of the delivered goods until all claims arising from the business relationship with the purchaser are fully settled. The purchaser must immediately notify BSSE GmbH of any impairment of rights to the goods subject to retention of title. As long as the delivery item is subject to retention of title, the purchaser may only resell or transfer the item to third parties with the consent of BSSE GmbH. In any case, the purchaser assigns their claims against the third party from the transfer transaction to BSSE GmbH. If the purchaser is in default with their payment, the entire remaining debt becomes due immediately. Furthermore, BSSE GmbH is entitled to take immediate possession of the goods subject to retention of title. For this purpose, the purchaser is also obliged to notify BSSE GmbH of any change in the location of the delivered item. Any violation of this obligation justifies the immediate possession of the goods by BSSE GmbH. The purchaser may neither pledge the delivery items nor transfer them as security. In the event of seizures, confiscations, or other dispositions by third parties, the purchaser must immediately notify BSSE GmbH and provide all information and documents necessary to protect BSSE GmbH’s rights. Enforcement officers or third parties must be informed of BSSE GmbH’s ownership.
BSSE GmbH is only liable for defects or the absence of guaranteed properties within the framework of these terms and conditions and the warranty conditions of the manufacturers represented by BSSE GmbH for a period of six months after the delivery item is taken over. The warranty for the delivered goods by BSSE GmbH is therefore fundamentally based on the manufacturer’s warranty and is bindingly agreed. Otherwise, the purchaser only has a claim for rectification but can demand rescission if the repeated rectification of the same defect in the delivered goods is unsuccessful three times. Further warranty claims by the purchaser are excluded, in particular, the purchaser cannot demand a reduction, compensation, or replacement delivery. Complaints about defects are only recognized if they are made in writing within two weeks after the delivery of the goods and in the case of hidden defects within one week after the defect is discovered. The warranty does not cover the replacement of wear materials and maintenance within the framework of proper use of the delivered goods. These maintenance works are generally to be paid for by the purchaser. Otherwise, all claims for damages against BSSE GmbH are excluded, unless they are based on intent or gross negligence. Consequential damages are excluded in any case.
If justified doubts about the purchaser’s solvency or creditworthiness arise after acceptance of the order by BSSE GmbH, BSSE GmbH is entitled to demand either cash payment or security before delivery of the goods or to withdraw from the contract at its discretion. In the case of check payment, the goods only become the property of the purchaser upon the irrevocability of the check redemption. If a leasing contract to be mediated between the purchaser and the leasing company does not come into effect for a reason attributable to the purchaser, the purchaser is still bound by the order. They are then obliged to accept the goods and pay the purchase price. If they refuse to fulfill the contract, BSSE GmbH is entitled to withdraw from the contract and demand 30% of the purchase price (order amount) as compensation. The compensation amount is then to be interest-bearing at 6% above the respective discount rate of the Deutsche Bundesbank from the date of receipt of the order. If the goods have already been delivered, clause 10 of the terms and conditions applies. In the event of a partial payment agreement after the rejection of the conclusion of a leasing contract by the leasing company, a surcharge of 10% on the order amount is agreed as financing costs. Furthermore, the purchaser authorizes BSSE GmbH to revoke the respective partial payment amounts from the purchaser’s account by direct debit. The partial payments are to be made by the 3rd working day of each month. If the purchaser is in default with a payment, BSSE GmbH is entitled to withdraw from the contract and demand 30% of the order amount as compensation. In this case, clause 10 of the terms and conditions applies. The compensation amount is to be interest-bearing according to the above regulation: If the goods have already been delivered, BSSE GmbH is entitled to take immediate possession of them in the event of exercising the right of withdrawal.
In the event that a valid contract is not concluded between BSSE GmbH and the purchaser, or one of the parties withdraws from the contract or otherwise the mutual services are to be returned, it is agreed that in the event of the use of the delivered goods by the purchaser, the purchaser must pay BSSE GmbH a usage fee calculated as follows:

a) For photocopiers with an undamaged counter, 0.02 per mille of the purchase price is to be paid for each copy made.

b) For photocopiers without a counter or where the counter reading cannot be checked and for other devices, 0.1% of the purchase price is to be paid per day. Furthermore, BSSE GmbH is entitled to charge the purchaser for the costs of ongoing maintenance and repairs. BSSE GmbH is also entitled to demand compensation for any deterioration or loss of the goods.
The invalidity of one or more provisions of these general terms and conditions does not affect the validity of the remaining provisions. If both parties are full merchants, the local and subject-matter jurisdiction of the Hanau am Main District Court is agreed. BSSE GmbH is also entitled to sue at the purchaser’s principal place of business. German law applies exclusively, excluding the laws on the international sale of movable goods, even if the purchaser has their company headquarters abroad.

Transfers of rights and obligations of the purchaser from the contract concluded with BSSE GmbH require the written consent of BSSE GmbH to be effective.