Mängelhaftung bei Bauverträgen (German Edition)

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Datenverarbeitung zur Bestellabwicklung 4. Rechte des Betroffenen 5. Dauer der Speicherung personenbezogener Daten 6. Folgen des Widerrufs 3. Widerrufsformular A. Hiermit wird der Einbeziehung von eigenen Bedingungen des Kunden widersprochen, es sei denn, es ist etwas anderes vereinbart. E-Mail, Fax oder Brief zugeschickt.

Dies gilt nicht, wenn die Rechtsverletzung vom Kunden nicht zu vertreten ist. For extrajudicial settlements of consumer disputes, the European Union has launched an online platform "ODR platform":. Loading Add to cart. The above restrictions and exclusions of liability do not apply in the event of the failure of the parties to notify each other of any salient points affecting the contract before the contract was concluded.

Liquidated damages will not be entertained. Defects in a partial delivery do not entitle the customer to withdraw from the contract unless the defect is so considerable that the customer has no interest in accepting further part deliveries. The warranty applies only to use of the product under normal business and climatic conditions within the Federal Republic of Germany. If the goods are intended for use in particular conditions of which we were not made aware in advance and, as a result, these particular conditions were not an integral part of the contractual agreement, we cannot provide a warranty for those conditions.

No claims will be entertained for defects which have been subject to attempted repair by a Third Party where the contractor has not been granted a reasonable opportunity to remedy the defect and the attempted repair has rendered proper reworking by this company difficult or impossible. Where product characteristics regarding visual appearance, layer thickness, corrosion resistance and coefficients of friction are warranted, the warranty is subject to the condition that the goods remain in the state returned by us, i.

Warranted characteristics are subject to the condition that the products are properly handled by the contractual party, in particular by appropriate transport, storage, sorting and packaging processes. Where a contractual party intends to make a claim based on warranted characteristics, it must be able to prove that the products were handled appropriately. The materials to be processed must be free of crust, scale, sand, carbon deposits, burned-in grease, welding slag, graphite, paint; relief cuts around threads must be sufficient.

If any of these is insufficient, we reserve the right to refuse to process the materials or withdraw from the contract. If the customer nevertheless insists that we process the materials or if the materials supplied are, for technological reasons not immediately apparent to us, not suited to surface treatment, we cannot accept any warranty for dimensional accuracy, adhesive strength, colour fastness and the ability of the surface treatment to prevent corrosion, where subsequent defects are due to the unsuitability of the material and not gross negligence or intent on our part or that of our representatives or agents.

In addition, no warranty for adhesive strength will be given if, after the surface treatment, the material has been shaped, even if electroplated samples have been successfully shaped without the electroplating layer flaking and the customer insists on the treatment despite being notified of the risk of the electroplating layer flaking. If the material which is intended to be subject to surface treatment, or a suitable sample of that material, is not made available to us for a sufficiently long period for testing purposes as defined by us with reference to Sec.

Hollow components are only electrochemically treated on the outer surface unless, in specific circumstances, treatment of the inner spaces has been agreed. Corrosion occurring immediately on the untreated surfaces does not provide grounds for complaint. Surface treated materials are susceptible to condensation and friction corrosion. They have to be packaged, stored and transported in the correct manner. The customer must define minimum coating thickness at an agreed measuring point and must ensure that no damage to the surface can occur as a result of chemical or physical influence.

We only accept liability for weather-related damage and damage occurring from residues of the treatment process which exude at a later time from laminations and other inaccessible hollow chambers in cases of intent and gross negligence by us, our representatives or agents. If the customer considers hydrogen embrittlement relief to be necessary, we will be pleased to perform this operation if specifically requested to do so and with no liability except in cases of intent and gross negligence.

In the event of damage not covered by Point 5. These restrictions on liability do not apply in the event of failure of the parties to notify each other of any salient points affecting the contract before the contract was concluded. Independently of this, the customer agrees to transfer a right of retention to us in the objects delivered to us for surface treatment which is to ensure our right to payment under the order placed with us.

This contractual right of retention is also deemed to apply to outstanding payments from previous orders, unless the parties have agreed otherwise, provided the subject matter of those previous orders bears some logical inherent relation to the current order. If the surface treated products are returned to the customer before full payment has been made, the customer hereby agrees that we are to retain a property right in that proportion of the value of those products delivered which corresponds to the amount of the outstanding payment as collateral for our claims to payment and that the customer is to hold and keep the products on our behalf in lieu of a transfer of title.

The same is to apply by analogy to the reversionary interests of the customer for objects handed to us for surface treatment which have been supplied to the customer by a Third Party who has reserved title in those items. We reserve the right to negate the retention of title.

The rights of the customer to regain title from a Third Party to whom the customer had assigned title in the items provided to us for the purpose of surface treatment are hereby assigned to us.

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We hereby accept this assignment. The customer is not entitled to mortgage or assign any items in which we have the right to retain title or which are in our possession by way of collateral. However, the customer is entitled to sell the items or process them in the way of normal business unless it has already assigned to a Third Party claims against its contractual party.

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If the goods in which we have collateral are joined by the customer to form an integral part of a new mobile object, this is done on our behalf and to our benefit but without any liability accruing to us. We hereby grant the customer joint ownership of the new item to an extent which is proportionate to the new value of the property less the value of our service. The customer agrees to hold the property in trust for us with all the due care and attention of a commercial relationship and free of charge. If goods in which we have a collateral interest have become an integral part of a mobile object due to the action of the customer and if the customer has thereby gained full or partial title in that object, the customer hereby assigns to us joint ownership of the object to an extent which is proportionate to the value of our claims against it while agreeing at the same time to hold and keep the new object on our behalf and at no charge to us.

In the event that the item processed by us and in which we retain a collateral interest or the new object made from that item is sold, the customer undertakes to inform the purchaser that we retain a collateral interest in the item. To assure our claim to outstanding payments now and in the future, the customer hereby assigns us all rights from the resale or further processing of the objects in which we have collateral interest with all ancillary rights to the value of the object. The customer is hereby empowered to collect from Third Parties any claims on our behalf resulting from the resale or further processing of the object.

At our request, the customer undertakes to demonstrate these claims individually and to disclose to third party purchasers the fact of the assignment while requiring them to pay to us any amounts up to the value of our claims. We are also entitled at all times to notify the purchaser of the existence of the assignment and to collect the amounts outstanding. However, we undertake not to require the customer to collect the outstanding amounts or disclose the existence of the assignment, and not to collect the outstanding amounts ourselves or make the existence of the assignment known as long as the customer meets its obligations to us to pay in the proper manner.

The customer is required to notify us without delay of any distraint order by a Third Party affecting our collateral rights. In the event that Third Parties should make a claim to the items in which we have a collateral interest, the customer hereby undertakes to make all the necessary documents available to us immediately and to reimburse us for all costs of intervention provided the intervention is successful and final enforcement of the Third Parties as the party liable to pay the costs of the action have remained unsuccessful.

Its neither thin nor lightweight, even though its dainty. For a new model im making a prototype from scratch in sterling silver. Means carving skulls, bending and shaping the band, making the settings and a thousand other little steps to bring out a very special ring.

This takes around hours of work. All rings are polished by hand, to keep the details. Thats is a time consuming process, which requires professional skills and patience. Goldsmithing is an ancient craft to make things which last. If you need to find out the size of your partner: Tell me the inner diameter in mm or send a picture. Here you find a picture of how to measure: I prefer to work with precious natural gemstones, from which im only using the best quality on the market.

Certainly, that is reflected in my prices. Also my diamonds are all natural.

But due to customer request im also offering some imitations. You can easily spot them in listings and variations. All others are perfectly natural and real. Im working only with reputable german stone traders.

Bilingual Civil Code (BGB) – “Book 1: General Part” and “Book 2: Law of Obligations” (modernized)

As diamond imitations im using cubic zirconia for small stones and black moissanite for the big ones. When you choose "Expedited shipping" during checkout, that means your item will be with you workdays depending on your location after it is completed. This option has no influence on processing time. It takes usually weeks to complete a custom made item. Please, contact me, if you need a made to order item on a specific date.

Only items from my "Ready to Ship" section will be with you within workdays. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out. The products intended for purchase are moved to the "shopping cart". You can select the "shopping cart" using the appropriate buttons on the navigation bar and make changes there at any time. After selecting the payment method and selecting "proceed to checkout" or "pay with PayPal", personal information and payment data is entered.

Schuldrecht 10 h: Gewährleistung und Schadensersatz: behebbare und unbehebbare Mängel

Finally, all of the order data is shown again on the order summary page. If you use an upfront payment system e. Finally, you will be routed back to Etsy on the order summary page.

Before submitting the order, you have the ability once more to review or change any information on the order summary page you may also use the "back" button on the Internet browser , or to cancel the purchase. By clicking the appropriate button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed.

In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter. This can also be done via e-mail, in which case it must be done in a prompt manner after the contract has been concluded.

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  8. Any potential specifications issued by the supplier regarding file formats are to be borne in mind. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard. In this respect, we assume no liability for errors. If you approve of the design, you are to approve the correction template for execution through a counter-signature in text format e. Tasks related to the creation of the product in question are not carried out without your approval.

    You are responsible for checking the correction template for accuracy and completeness and bringing any potential errors to our attention. We assume no liability for unqueried errors. Even if you do not comply with this request, it shall have no effect on your legal warranty claims. The European Commission provides a platform for the out-of-court resolution of disputes ODR platform , which can be viewed under ec. Information regarding the conclusion of the contract The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms part I.

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    Contractual language, saving the text of the contract 3. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail. Prices and payment arrangements 5. They include all the price components, including all the incidental taxes. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.