Terms & Conditions

1. Scope

Deliveries and services provided by Baumann GmbH & Co. KG are carried out exclusively on the basis of these Terms and Conditions.

2. Warranty

Defects may only be reported immediately upon receipt of the goods. Any objections raised subsequently will be rejected if the goods have been accepted by the recipient without complaint.

Baumann GmbH & Co. KG accepts no liability for whether the goods supplied are suitable for the purposes intended by the buyer.

3. Payment

Payment for the goods is due immediately. Invoices shall be deemed accepted unless they are disputed within 6 days of the invoice date or, where applicable, within 6 days of the date of receipt of the invoice, which must be demonstrated by the buyer.

Notwithstanding any provisions to the contrary made by the buyer, we are entitled to apply payments first to the buyer’s older debts. Where costs and interest have already been incurred, we are entitled to apply payments first to the costs, then to the interest and finally to the principal amount.

A payment shall only be deemed to have been made once the funds are available to us. In the case of payment by cheque or bill of exchange, payment shall only be deemed to have been made once the cheque or bill of exchange has been finally cleared.

If an invoice is not paid within 10 days of the invoice date, the buyer shall be deemed to be in default and shall bear all costs incurred as a result.

The interest rate shall be based on the rates charged by commercial banks for outstanding current-account credit facilities, but shall be at least 5% above the applicable discount rate of the Deutsche Bundesbank.

4. Retention of Title

The goods shall remain the property of Baumann GmbH & Co. KG until all outstanding claims have been settled.

The buyer is entitled to process and sell goods subject to retention of title in the ordinary course of business, provided that the buyer is not in default. Pledging the goods or transferring them by way of security is not permitted.

5. Miscellaneous

The law of the Federal Republic of Germany shall apply.

Place of jurisdiction: 68623 Lampertheim
Place of performance: 68519 Viernheim