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1. These terms and conditions apply exclusively to companies, legal entities under public law, or public-law special funds as defined in § 310 (1) of the German Civil Code (BGB). These present terms and conditions (AGB) apply to contracts concluded between the purchaser and LPM GmbH, located at Zeppelinstraße 3, 21337 Lüneburg, District Court of Lüneburg, Registration No. HRB 207245, VAT ID No. DE315635801. We only recognize contrary or deviating terms and conditions of the purchaser if we expressly agree to their validity in writing.
2. These terms and conditions also apply to all future transactions with the purchaser, insofar as they involve transactions of a similar nature.
3. Individual agreements made on a case-by-case basis with the buyer (including subsidiary agreements, supplements, and modifications) take precedence over these terms and conditions in every case. The content of such agreements is, subject to contrary evidence, determined by a written contract or our written confirmation.
We retain ownership and copyright rights to all documents provided to the purchaser in connection with the order, including but not limited to calculations, drawings, etc., even in electronic form. These documents may not be made accessible to third parties unless we expressly grant written permission to the purchaser.
Unless otherwise agreed, the purchase price is to be paid within 30 days after delivery and invoicing. Default interest is calculated at a rate of 9 percent above the respective base interest rate per annum. We reserve the right to claim higher damages for default.
The purchaser is not entitled to receive a paper invoice. LPM GmbH sends an electronic invoice in compliance with legal requirements for electronic invoicing.
The purchaser is only authorized to exercise a retention right to the extent that their counterclaim is based on the same contractual relationship.
Delivery dates provided by LPM GmbH are generally non-binding. Delivery dates and times may be changed at any time, whether agreed upon in writing or verbally. If the purchaser is in default of acceptance or breaches other obligations to cooperate culpably, LPM GmbH is entitled to demand compensation for the resulting damage, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or deterioration of the purchased item passes to the purchaser at the time when the purchaser is in default of acceptance or debtor’s delay. Other statutory claims and rights of the purchaser due to a delivery delay remain unaffected. For orders below €700 net value of goods, delivery is made free of charge, with freight costs invoiced separately. All other standard orders are delivered free of charge with a logistics flat fee. Deliveries to end consumers or construction site deliveries are not considered standard orders. Delivery to the specified delivery location presupposes that the location can be accessed by a truck. For deliveries and orders outside the Federal Republic of Germany, prices are ex-works, and any resulting delivery costs are invoiced. The purchaser must ensure that the unloading location specified by them can be accessed by a truck and forklift. Return of stock items can generally be accepted for a maximum of four weeks. Custom-made items are exempt from this policy. A merchandise credit in the amount of 80 percent of the purchase price will only be issued after proper, packaged, and defect-free return. The transfer of risk takes place upon acceptance in Lüneburg. Return freight is at the buyer’s expense.
If the goods are shipped to the purchaser at their request, the risk of accidental loss or deterioration of the goods passes to the purchaser upon dispatch to the purchaser, but no later than when they leave the factory/warehouse. This applies regardless of whether the shipment of the goods is made from the place of performance or who bears the freight costs.
1. LPM GmbH reserves ownership of the delivered goods until full payment of all claims arising from the delivery contract. This also applies to all future deliveries, even if LPM GmbH does not expressly refer to it each time. LPM GmbH is entitled to take back the purchased item if the purchaser acts in breach of the contract.
2. The purchaser is obliged to handle the purchased item with care as long as ownership has not yet transferred to them. In particular, they are obligated to adequately insure it at their own expense against theft, fire, and water damage up to its replacement value. If maintenance and inspection work is required, the purchaser must carry out these tasks in a timely manner at their own expense. As long as ownership has not yet transferred, the purchaser must promptly notify LPM GmbH in writing if the delivered item is seized or subjected to any other third-party interference. If the third party is unable to reimburse LPM GmbH for the judicial and extrajudicial costs of a lawsuit pursuant to § 771 of the German Code of Civil Procedure (ZPO), the purchaser is liable for the resulting shortfall.
3. B2B The purchaser is authorized to resell the reserved goods in the ordinary course of business. The claims against the customer arising from the resale of the reserved goods are hereby assigned by the purchaser to LPM GmbH in the amount of the invoice final amount agreed upon with LPM GmbH (including value-added tax). This assignment applies regardless of whether the purchased item has been resold with or without processing. The purchaser remains authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, LPM GmbH will not collect the claim as long as the purchaser meets their payment obligations from the proceeds received, is not in default of payment, and, in particular, has not filed for the opening of insolvency proceedings or suspended payments.
4. The processing or transformation of the purchased item by the purchaser is always done in the name and on behalf of LPM GmbH. In this case, the purchaser’s right of ownership in the purchased item continues with the transformed item. If the purchased item is processed with other items not belonging to LPM GmbH, LPM GmbH acquires co-ownership of the new item in proportion to the objective value of the purchased item compared to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing is done in such a way that the purchaser’s item is considered the main item, it is agreed that the purchaser transfers proportional co-ownership to LPM GmbH and holds the resulting sole ownership or co-ownership for LPM GmbH. To secure the claims of LPM GmbH against the purchaser, the purchaser also assigns to LPM GmbH any claims against a third party arising from the connection of the reserved goods to real property; LPM GmbH hereby accepts this assignment in advance.
5. LPM GmbH undertakes to release the security rights that belong to it upon the request of the purchaser, to the extent that their value exceeds the secured claims by more than 20 percent.
Wood is a natural product, and its inherent properties, variances, and characteristics must always be taken into account. The purchaser should consider its biological, physical, and chemical properties when buying and using it. The range of natural color, texture, and other differences within a wood type is part of the characteristics of the natural product of wood and does not constitute grounds for complaint or liability. Professional advice should be sought.
1. Warranty claims by the purchaser require that they have fulfilled their inspection and complaint obligations as required by § 377 of the German Commercial Code (HGB).
2. Warranty claims expire 12 months after the delivered goods by LPM GmbH have been handed over to the purchaser. The statutory limitation period applies to claims for damages arising from intent and gross negligence, as well as for violations of life, body, or health resulting from intentional or negligent breach of duty by the supplier.
3. To the extent that the law mandates longer periods according to § 438 (1) No. 2 BGB (buildings and items for buildings), § 445b BGB (recourse claim), and § 634a (1) BGB (construction defects), these periods shall apply. Prior to any return of the goods, approval must be obtained from LPM GmbH.
4. Should, despite all due diligence, the delivered goods have a defect that already existed at the time of the transfer of risk, LPM GmbH will, subject to timely notice of defects, either rectify the goods or deliver replacement goods at its discretion. There must always be an opportunity for rectification within a reasonable period. Recourse claims remain unaffected by the above regulation.
5. If rectification fails, the purchaser may, without prejudice to any claims for damages, withdraw from the contract or reduce the remuneration.
6. Warranty claims do not exist in the case of only minor deviations from the agreed-upon quality, only minor impairment of usability, natural wear and tear, or damage arising after the transfer of risk due to improper or negligent handling, excessive strain, unsuitable operating materials, defective construction work, unsuitable building foundation, or due to special external influences not assumed by the contract. It is noted that wood is a natural product, and therefore, any samples provided do not guarantee that the delivered goods will match the sample. Samples provided are intended solely to illustrate possible colors or textures. Differences may arise due to the properties of wood and therefore do not constitute a defect or basis for liability. If improper repair or alterations are carried out by the purchaser or third parties, there are also no warranty claims for these or the resulting consequences.
7. Claims by the purchaser for expenses incurred for the purpose of rectification, including transportation, travel, labor, and material costs, are excluded to the extent that the expenses increase because the goods delivered by LPM GmbH have subsequently been taken to a location other than the purchaser’s branch, unless such transport corresponds to their intended use.
8. Recourse claims by the purchaser against LPM GmbH exist only to the extent that the purchaser has not agreed with their customer on claims beyond the legally mandatory warranty claims. The extent of the purchaser’s recourse claim against the supplier is also governed by paragraph 6 accordingly.
1. LPM GmbH is liable for intent and gross negligence. Liability for the negligent breach of duties exists only to the extent that these are duties that affect the proper execution of the contract and the violation of which endangers the achievement of the purpose of the contract. LPM GmbH is not liable for the slight negligence in the breach of duties other than those mentioned above.
2. The above-mentioned limitations of liability do not apply in the case of violations of life, body, or health. Liability under the Product Liability Act remains unaffected.
1. This contract, all legal relationships between the purchaser and LPM GmbH, and all contracts concluded with LPM GmbH are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for informational purposes only. In the event of any differences between the language versions, the German text shall prevail.
The place of performance and the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of LPM GmbH at Zeppelinstraße 3, 21337 Lüneburg.
If any of the above provisions in these terms and conditions (AGB) is or becomes ineffective, the effectiveness of all other provisions shall not be affected. This also applies if the invalidity of individual provisions is determined by a court or if the ineffectiveness arises from changes in the law. In place of ineffective provisions, the statutory provisions shall apply.
LPM GmbH (located at Zeppelinstraße 3, 21337 Lüneburg, owned by Kay-Christian Glander) collects your data for the purpose of contract execution, fulfillment of its contractual and pre-contractual obligations, as well as for direct marketing.
The data collection and processing are necessary for the execution of the contract and are based on Article 6(1)(b) of the GDPR. Data will only be disclosed to third parties if necessary to fulfill the contractual agreement. We will store and process your personal data for the duration of our business relationship as required. Your data will be stored after collection for as long as necessary in accordance with legal retention periods. The storage period also depends on statutory limitation periods and, if applicable, the assertion of legal claims.
You have the right to object to the use of your data for direct marketing purposes at any time. Additionally, you are entitled to request information about the data stored about you and, in the case of incorrect data, request correction or, in the case of unauthorized data storage, request deletion of the data. You can contact our data protection officer at datenschutz@lpm-parkett.de.
Furthermore, you have the right to lodge a complaint with the supervisory authority, the State Commissioner for Data Protection in Lower Saxony, Prinzenstraße 5, 30159 Hannover.
As of June 2023:
Please note that these terms and conditions apply to german law. Should you have questions regarding any of the points mentioned above in relation to your country of origin, please do not hesitate to get in touch with us.
