Page 78 - W.SCHILLIG outdoor

General Terms

AND CONDITIONS

health. The exclusion of liability shall also cover compensation for damages plus 8. Written form
performance and compensation for damages instead of performance, regardless of Any addition or amendment to contracts, general terms and conditions or other
the legal reason, in particular on account of defects, the breach of duties under the agreements must be made in writing.
obligation or illegal act.
Moreover, W.SCHILLIG outdoor’s liability on account of delay in performance for 9. Validity
compensation for damages in addition to performance shall be limited to 5% and for Should this contract or these general terms and conditions contain loopholes, then
compensation for damages instead of performance to 10% of the value of the goods the legally affective regulation applicable to the implementation of the contract,
or service. Claims by the customer over and above this shall be ruled out. Liability which comes closest to the goals of the contract and these general terms and condi-
by W.SCHILLIG outdoor on account of impossibility for compensation for damages tions, which the contractual partners would have agreed upon were they aware of
and to the reimbursement of expenditure spent unsuccessfully shall be limited to a the loophole, is seen as agreed upon.
total of 10% of the value of the goods and services. Claims over and above this by the
customer on account of impossibility of supply are ruled out. These limitations shall
not apply in cases of intent, gross negligence or on account of loss of life, physical W.Schillig outdoor GmbH
injury or impairment to health. The Customer’s right to withdraw from the contract Am Weinberg 20 – 22
on account of impossibility shall not be affected as a result of this. 96237 Ebersdorf b. Coburg
The limitation period for defect claims concerning deliveries and services amounts
to one year from the time of delivery. This does, however, not apply to cases under GmbH domiciled in Ebersdorf b. Coburg
Section 479(1) of the Bürgerliches Gesetzbuch (‘German Civil Code’), unless the re- Registered at the District Court Coburg, HRB 3535
course claims of the customer against W.SCHILLIG outdoor are effectively excluded. District Court Coburg
Claims and rights arising due to defects in the deliveries of used articles – re- CEO: Erik Stammberger
gardless of the legal grounds – are excluded. This exclusion provision for st
the deliveries of used articles also applies to all claims for damages against – valid from 1 05.2021 –
W.SCHILLIG outdoor which are connected to the defects, regardless of the legal
ground for the claim. To the extent that claims for damages of any kind exist against
W.SCHILLIG outdoor which are not connected to a defect, these shall be excluded.
The provision on the limitation period and the exclusion provision are not generally
applicable in the case of intent, if W.SCHILLIG outdoor has maliciously not disclosed
a defect, for claims for damages in cases of injury to life, limb, health or freedom, for
claims stemming from the Produkthaftungsgesetz (‘Product Liability Law’), in the
case of a gross negligent breach of duty or in the case of a violation of essential con-
tractual duties.
The Customer shall not have any right of recourse against W.SCHILLIG outdoor in
accordance with § 478 BGB, because W.SCHILLIG outdoor grants a discount on the
purchase prices charged to date in line with the net purchase list in force at that time.
7. Place of fulfilment and place of jurisdiction
W.SCHILLIG outdoor’s headquarter in 96237 Ebersdorf-Frohnlach, Germany shall be
regarded as the place of fulfilment for all deliveries. The sole place of jurisdiction
for all legal disputes is Coburg. Binding legal regulations regarding sole jurisdiction
remain unaffected by this regulation. These terms and conditions of business shall
be governed by German law excluding United Nations Convention on Contracts for
the International Sales of Goods.

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