§ 1 General Terms of Use
  • The following Terms of Use apply exclusively to all kinds of deliveries and other services; they are only valid for traders in accordance with § 24 AGB.
  • Deviant conditions made by buyers, which Cascade GmbH does not accept expressly, are not binding, even if Cascade GmbH does not contradict them explicitly.
  • These Terms of Use will be governed by and construed exclusively in accordance with the laws of the Federal Republic of Germany. The application of the standardized law of conclusion of international bills of sale for movable objects, the standardized law of conclusion of international sales of movable objects by the UN purchase right are excluded.
  • If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid and unenforceable, shall be valid and enforceable to the fullest extent permitted by law. The ineffective clause shall be replaced by an effective one, insofar as this does not cause any fundamental change of the object of the contract. The same applies if any fact that needs regulation is not regulated clearly.
  • Place of fulfilment for all direct or indirect obligations resulting from this Agreement, including the payment obligations, is 79219 Staufen im Breisgau.
  • Court of jurisdiction and place of fulfilment for judicial collection proceedings, deliveries and obligations is 79000 Freiburg im Breisgau. Cascade GmbH is additionally allowed to initiate legal proceedings against a buyer at a court which is responsible for a buyer’s headquarter or branch.
§ 2 Offers, Services and Conclusion of a Contract
  • Offers made by Cascade GmbH are subject to change.
  • Exclusively significant for the extent of the contractually owed service is the confirmation of order by Cascade GmbH.
  • Cascade GmbH reserves the right to make alterations even after posting a confirmation of order, provided that these alterations are neither inconsistent with the order confirmation nor with the specifications of the buyer. In addition, the buyer will agree with any further suggested changes made by seller, provided that they are reasonable.
  • Part deliveries are permissible.
  • The materials (such as pictures, covers etc.) on which the offer respectively the confirmation of order is based, are, as a rule, meant as approximate values as long as they are not explicitly called binding.
§ 3 Prices and Terms
  • All prices are ex works except packaging and other carriage and transport costs. Packaging is charged at cost and only taken back if Cascade GmbH is committed to do so according to mandatory legal regulations.
  • If more than four months lie between conclusion of the contract and delivery and Cascade GmbH can’t be held responsible for the delay, Cascade GmbH is allowed to increase the price reasonably, considering the occurring costs for material, salaries and other expenses that Cascade GmbH has to bear. If the purchase price increases more than 40% the buyer is entitled to withdraw from the contract.
  • If the buyer wishes to make alterations and Cascade GmbH puts them into effect, the buyer will be charged for additional costs incurred.
  • In case of culpable excess of the time fixed for payment, Cascade GmbH, with the reservation of enforcement of further claims, will charge interest at the rate of 2% over the current discount rate of the Federal Bank of Germany.
§ 4 Offset and Restraint
  • Offset and restraint are out of the question, unless the offset claim is undisputed or legally valid established.
§ 5 Delivery Period
  • The indication of a delivery period is carried out according to best judgement and is prolonged appropriately if the buyer slows down or refrains from necessary or agreed participation on his part. The same applies to measures in the context of industrial action, such as strike or shutout, as well as in case of unexpected events that Cascade GmbH can’t control, such as delivery delays on the part of a pre-supplier, traffic or factory disruptions, lack of material or energy or in cases of force majeure. Alterations of the delivered goods arranged for by the buyer are subject to a reasonable prolongation of the delivery period as well.
§ 6 Transfer of Risk
  • Risk is transferred to the buyer as soon as Cascade GmbH has put the goods at buyer’s disposal and has indicated this to the buyer.
§ 7 Reservation of Title
  • Cascade GmbH reserves title to the goods delivered to the buyer until the buyer has fully paid them. Reservation of title is in force, too, until all, even future and conditional, claims resulting from the business connection between the buyer and Cascade GmbH are executed.
  • The buyer is not authorized to pawning or to transfer of ownership as security on a debt. Nevertheless, the buyer is entitled to sell the reserve goods in the course of well-ordered affairs. Hereby, the buyer already cedes any third-party liability to Cascade GmbH.
  • If the buyer edits or processes the goods, the reservation of title is extended to the new item as well. The buyer obtains co-ownership at a fraction that corresponds to the proportion between the value of his item and the value of the goods delivered by Cascade GmbH
  • If the value of all securities provided to Cascade GmbH sustainably exceeds more than 10% of the existing claims, Cascade GmbH will, upon request of the buyer, release securities at Cascade’s option.
  • Cascade GmbH is entitled to assert the reservation of title without withdrawing from the contract.
§ 8  Warranty
  • If the purchase is a commercial transaction for both parties involved, the buyer is obliged to examine the goods immediately on receipt, as far as this is possible in the ordinary course of business, and, if a defect is found, to inform Cascade GmbH accordingly without further delay.
    If the buyer fails to do so, it is understood that the goods are accepted, unless the defect is a hidden one that could not be detected during the examination. Incidentally, the §§ 377 ff. HGB are in force.
  • Warranty claims are, at Cascade’s option, limited to improvement or replacement delivery. If improvement resp. replacement delivery fail, the buyer, at his option, is entitled to cutting down the reimbursement or to undoing the contract.
  • Further claims, especially due to consequential damages, insofar as they are not a result of a lack of assured qualities, are out of the question. This does not apply in case of implied malice, gross negligence or violation of fundamental contract obligations on the part of Cascade GmbH.
§ 9  Liability
  • Indemnification claims on the part of the buyer are ruled out. This does not apply in case of implied malice, gross negligence, violation of fundamental contract obligations on the part of Cascade GmbH or a lack of assured qualities in written from
Terms of Use