Terms of Service
1.1. All deliveries are made on the basis of the following Terms and Conditions. They apply to all contracts made with our customers via Internet (Online Shop), by phone or in writing, taking into consideration special applicable provisions in these Terms and Conditions, or by any other means. They are the basis of all offers and agreements and are recognised by virtue of placing an order or accepting delivery for the duration of the entire business relationship. Differing terms and conditions that are not explicitly recognised in writing are not binding for us as seller, even if they have not been explicitly contradicted.
1.2. A "Consumer" as the term is used in the following provisions means in accordance with § 13 BGB (Bundesgesetzbuch / German Civil Code) any natural person who concludes a transaction for a purpose which cannot be attributed either to the person's commercial or self-employed professional activities.
1.3. An entrepreneur in accordance with § 14 BGB is a natural or legal person or a legally responsible joint partnership that concludes a transaction while exercising commercial or self-employed professional activities.
1.4. Customers in terms of these terms and conditions are both consumers and entrepreneurs
1.5. The provisions of the Terms and Conditions apply, unless otherwise explicitly stated, to both consumers and entrepreneurs.
2. Offer and Formation of contract
2.1. The presentation of our merchandise on the Internet and in our catalogue does not constitute a binding offer. In accordance with § 145 BGB, when the purchaser places an order, this then becomes binding for the purchaser. If we accept the order we will send the customer an order confirmation via e-mail, fax or normal mail or the merchandise will be delivered to the purchaser.
2.2. The same applies to other orders and other ways of presenting merchandise, especially as part of general price/merchandise information, in our catalogues, advertising and customer correspondence, provided and to the extent that they have not been explicitly identified by us as a binding offer.
2.3. The nature and scope of the delivery is defined by the order confirmation. We are entitled to provide partial services to a reasonable extent. Cost estimates are only binding if they have been explicitly designated by us as binding. We reserve the right to exceed the cost estimate by up to 15% of the estimated value of the contract if work is required without notifying the purchaser in advance.
2.4. Merchandise ordered through our Internet site will be delivered in the designs, dimensions, weights and minimum quantities specified in our Online Shop. Information in our Online Shop is approximate information and does not constitute any guarantee whatsoever. We reserve the right to make changes in the interest of technological progress or due to changes in legal requirements during the delivery period, provided the delivery item is not significantly changed and the changes are reasonable for the purchaser. The same applies to information on our Internet site and in our catalogues and advertising for all other orders.
3.1. The agreed term of delivery begins when the order confirmation is sent by us, but not before the purchaser has supplied any necessary documents, approvals and releases and any agreed down payment has been received.
3.2. The delivery deadline is met when we transfer the shipment to the person carrying out transport or the shipment has left our plant for this purpose. In the case of a consumer goods purchase, it is met when the goods are transferred or an attempt is made to transfer them at a time when the purchaser should expect them to be transferred.
3.3. All events of force majeure as well as all events for which we are not responsible release us from obligations of fulfilment we have assumed, provided these events persist. We agree to inform the purchaser in writing without delay if such an event occurs. We are also required to inform the purchaser how long such an event is expected to last.
3.4. If we are prevented by a circumstance for which we or our vicarious agents are responsible from delivering the purchased item by the agreed deadline or within the agreed period (delayed delivery) we shall be liable according to statutory provisions. If we or our vicarious agents are not responsible for the delay in delivery, we shall only be liable for foreseeable, typically occurring damage. If the delay in delivery is due only to a violation of a non-essential contractual obligation, the purchaser may claim a lump sum damage caused by delay in the amount of 0.5% of the value of the delivery for each complete week of delay up to a maximum of 15% of the value of the delivery.
3.5. We are entitled to make partial deliveries, which shall be considered a single transaction.
4.1. When the object is shipped to the purchaser, risk is transferred when the object is handed over to the person responsible for transport or when the object has left our subsidiary for the purpose of shipping. The preceding provisions do not apply if the purchaser is a consumer as defined by § 13 BGB. In the case of a consumer goods purchase, risk is transferred to the purchaser upon transfer.
4.2. Unless the purchaser gives explicit instructions, we will determine the type of shipping at our discretion. We do not offer any guarantee that we will choose the most economical or safest method.
4.3. With the exception of consumer packaging as defined by the Packaging Regulation, packaging for transport and other purposes will not be taken back by us unless explicitly agreed otherwise.
4.4. The purchaser agrees to examine the merchandise upon receipt for visible transport damage, to report any transport damage to the freight carrier when the merchandise is received and to have the damage confirmed by the carrier. A shipment is considered to be accepted without reservations if the recipient or purchaser does not report any claims to the transport company within the period listed below.
- Shipping via overnight express / UPS Express Saver: by 13:00 on the day of delivery
- Shipping via dispatch/daily router/express company: 1-2 work days after receipt of merchandise
- Other types of shipping up to 6 work days after receipt of merchandise
5. Prices - Terms and Conditions of payment
5.1. The prices listed in our Online Shop and for other orders in the order confirmation (unless otherwise explicitly specified in the order confirmation) apply ex Kastl.
For contracts with consumers, VAT (excl. packaging costs) is already included in our prices. Our prices exclude delivery and shipping costs.
For agreements with contractors, unless otherwise agreed in writing, our prices apply ex-works at Kastl, excluding packaging costs and plus VAT at the applicable rate. Packaging costs are billed separately.
Shipping and packaging costs incurred depend on the shipping type selected by the customer.
5.2. We are bound to the contractually agreed price for four months from the date of contract conclusion. If longer terms have been agreed for the delivery of our services, we are entitled, in the case of a rise in material and/or labour costs, to levy a pro-rata surcharge for the increased costs on the basis of our original price calculation.
If the increase is more than 5% of the agreed price the purchaser has the right to cancel the contract.
5.3. Our terms and conditions of payment
5.3.1 Direct debit You provide us with the name of your financial institution, IBAN and BIC. For pick-up the invoice amount is deducted from your account immediately, for shipping 14 days after the merchandise has left the plant. The SEPA mandate is valid for 36 months and is extended by the same amount of time when a purchase is made. The SEPA debit note is transferred with a reduced submission date (1 day). We will give advance notice of the SEPA direct debiting in the invoice. The SEPA mandate can be revoked at any time.
5.3.2 Payment in advance / PayPal: You transfer the invoice amount to us in advance to one of our accounts. After complete payment has been received the merchandise is shipped.
5.3.3. Differing terms and conditions of payment require our explicit written consent.
5.4. Exchange prices are only invoiced if the exchange part is equivalent to the part to be repaired and the old part is capable of being repaired.
5.5. If the customer falls partly or wholly into arrears with payment, then he must – without prejudice to any of our other rights – pay interest on the arrears starting from this time, at the currently applicable legal rate. Moreover, we shall be entitled to claim a flat rate charge of EUR 40 from the contractor.
If, as a result of the payment default, we suffer greater damage than the statutory rate, we shall be entitled to provide evidence of this to the customer and make a claim for compensation. In this case, the consumer shall have the option of demonstrating to us that the asserted damage caused by the delay in payment was not in fact incurred, or at least to a significantly lesser extent.
5.6. The purchaser is only permitted to offset counterclaims against our claims if the purchaser's counterclaims are uncontested or have been recognised by a declaratory judgement. The customer may only claim right of retention if such a claim is based on claims from the same purchase contract and the claim is uncontested or has been recognised by a declaratory judgement.
5.7. Shipping costs are as follows:
- Shipping within Germany up to 45 kg (without bulkiness regulations) 4.90 EUR
- Shipping to Austria up to 45 kg (without bulkiness regulations, without cash on delivery) 5.90 EUR
- Otherwise and to other countries: Price depends on individual case
- Cash on delivery for reimbursement of costs
5.8. Credit assessment: When sales are paid by invoice we have a credit assessment provided for us by Bürgel Wirtschaftsinformationen GmbH & Co. KG, which maintains a database including address and credit assessment information on file in relation to your person determined by mathematical/statistical processes, provided there is a justified interest and we have credibly presented our justified interest or you have explicitly consented to a credit assessment. We collect and/or make use of probability values for the purpose of deciding whether to initiate, complete or terminate a contractual relationship. Address data is included in the calculation of these values.
6. Retention of Title
6.1. The purchased item remains our property until all claims resulting from the purchase contract have been settled.
If the purchaser is a merchant as defined by the HGB (Handelsgesetzbuch / German Commercial Code), we retain ownership of all articles of sale until all payments arising from the business relationship have been received.
6.2. Only with our consent shall the contractor be permitted to pass on or sell the delivered goods in the ordinary course of business. For this purpose, the contractor hereby assigns to us all receivables, in the amount of the invoice total including VAT, arising from the resale to a third party. We hereby expressly accept this assignment. The contractor remains authorised to collect the receivables after assignment. Our authority to collect the receivables ourselves remains unaffected by this. We reserve the right to collect the receivables ourselves if the contractor fails to properly fulfil his/her payment obligations correctly and is in default of payment.
6.3. Any processing or transforming work is always done for us.
If the article of sale is processed with other objects that do not belong to us, we then acquire joint ownership of the new item at the ratio of the value of the article of sale to the other processed objects at the time of processing. The same provisions apply to the item resulting from processing as to the other item delivered with reservation. If the article of sale is inseparably mixed with other objects that do not belong to us, we then acquire joint ownership of the new item at the ratio of the value of the article of sale to the other objects with which it was mixed. If the mixing is done is such a manner that the seller's article can be seen as the main article, it is agreed that the contractual partner transfers proportional joint ownership to us. The contractual partner shall hold the sole ownership or joint ownership which has come about in this manner on our behalf.
7. Right of withdrawal
7.1. If the purchaser has placed the order through our Online Shop and is a consumer as defined by § 13 BGB, the purchaser has the right to cancel the contract between seller and customer within 14 days after receiving the merchandise without stating any reason for doing so. This cancellation must be made in writing, in the form of text or by returning the merchandise.
Fliegl AGRO-Center GmbH
Maierhof 1, 84556 Kastl
E-Mail: [email protected]
The purchaser can find complete information regarding the right of cancellation and the results of cancellation in section 7.2.
The purchaser has the right to cancel the contract and the seller shall instruct the purchaser regarding this right in the automatic confirmation of receipt / order confirmation via e-mail (mandatory confirmation). Further details are available in the cancellation instructions, which can be accessed at any time on the seller's website by clicking the "Cancellation Policy" button and saved and/or printed by the purchaser by clicking the "Save" or "Print" button at the bottom of the page. The purchaser bears the immediate costs of returning the goods. The costs are estimated at a maximum of about 300, - EUR. If cancellation has taken effect, deliveries and services that both parties have received must be returned and any benefits gained (for example interest) must be surrendered. If the purchaser is not able to return the received service or delivery to the seller fully or in part, or only in deteriorated condition, the purchaser must compensate the seller accordingly. This does not apply to items that have been transferred if the deterioration of the item is attributable exclusively to testing it – which the purchaser would be able to do in a retail shop. The purchaser can avoid the obligation of compensating for value lost through deterioration of the items resulting from initial operation of the merchandise in accordance with designated use by not treating the item as his/her own property and refraining from anything that could adversely affect its value. To obtain a return shipment form, the purchaser must go to the return shipment portal used by the seller, which customers can reach from the seller's Online Shop (www.agro-center) under the "Cancellation Policy" section or www.agro-center.de/widerrufsbelehrung. Packages sent carriage forward will not be accepted. The purchaser shall be responsible for the costs resulting from refusing to accept the package.
8. Liability for Material Defects
8.1. The seller guarantees that the ordered merchandise will be free of any defects according to the latest state-of-the-art technology.
8.2. The claims for removal of defects by the customer arise from the statutory provisions.
8.3. For new manufactured items, the limitation period for material defects is one year from delivery of the item. Used items are sold with exclusion of any liability for material defects. The preceding provisions do not apply if the purchaser is a consumer as defined by § 13 BGB. Statutory warranty periods apply in the case of used consumer goods.
8.4. We shall be unconditionally liable for any loss of life, physical injury or damage to health resulting from a negligent or intentional breach of duty. This also includes loss of life, physical injury or damage to health caused by negligent or intentional breach of duty by our legal representatives or vicarious agents. We shall further be liable for damage resulting from liability under the Product Liability Act and for all damage resulting from wilful or grossly negligent breach of contract or fraudulent intent on the part of our legal representatives or vicarious agents. Where we have granted a quality and/or durability guarantee in respect of the goods or parts thereof, we shall also be liable under this guarantee. However, for damage that is attributable to a lack of guaranteed quality or durability but that does not occur on the goods themselves, we shall be liable only if the risk of such damage is covered by the quality or durability guarantee.
We shall also be liable for damage which is the result of simple negligence, provided that such negligence concerns the infringement of contractual obligations, the fulfilment of which is of particular importance to the attainment of the contract's purpose (cardinal obligations). We shall be liable, however, only insofar as the damages are typically associated with the contract and are foreseeable. Furthermore, we are not liable for simple negligent breaches of non-fundamental incidental obligations. The liability limitation also applies where the liability affects our legal representatives, management personnel or other vicarious agents.
The cardinal obligations are the fundamental main contract obligations, i.e. obligations the fulfilment of which is essential for due implementation of the contract and which the contractual partner can and does regularly rely upon.
8.5. In the event of rectification the seller is obligated to accept responsibility for all expenses required for the purpose of rectifying the defect, in particular the costs of transport, travel, work and materials, provided these costs have not been increased by moving the purchased item to a location other than the place of performance.
8.6. The preceding provisions also apply to damage that occurs while an error is being rectified or products are being exchanged due to liability for material defects.
8.7. The purchaser's claims ensuing from liability for material defects require that the purchaser has fully and promptly complied with his/her inspection and notification duties and responsibilities as stipulated by § 377 HGB. Any defects, damage or deviations in quantity must be reported to the seller in writing immediately in the case of visible defects and immediately after discovery for other defects that cannot be discovered immediately even after a careful check. If no complaint of defects is presented within the required period, no further claims may be filed against the seller for such defects. The special rule in section 3.4 applies to transport damage.
8.8. If a complaint is filed, the seller reserves the right to inspect and test the merchandise subject to complaint in unmodified condition.
8.9. If contractual claims due to material defect are asserted, the seller reserves the right to make any warranty claims against the manufacturer in advance.
9. Other Legal Basis of Liability
9.1. Any liability for compensation of damages beyond the liability ensuing from section 8.4 is excluded irrespective of the legal nature of the claim made.
9.2. To the extent that the seller's liability for damages is excluded or restricted, the same applies to the personal liability for damages of the seller's salaried and hourly employees, staff members, representatives and vicarious agents.
10. Entrepreneur's Recourse
10.1. If the customer has resold the purchased item to a consumer as part of a commercial operation and has had to take back the item or reduce the price due to a defect in the item for which we are responsible, the customer can assert claims against us arising from liability for material defect without fixing a time limit.
10.2. The customer can also demand reimbursement for expenses incurred in the relationship with the consumer if the defect in the consumer's complaint was already present when risk was transferred to the customer. Expenses include especially the costs of transport, travel, work and material.
10.3. The purchaser's obligation according to § 377 HGB remains unaffected by the rules stated above.
11. Repair – Overhaul – Assembly
11.1. Where relevant the General Terms and Conditions also apply to repairs, overhauls and assembly work performed by us. The following provisions also apply as agreed.
11.2. Delivery of repair parts and old parts is normally free to the door. We will include disbursed freight costs or carriage fees in the invoice.
11.3. In the case of repair parts, we charge for shipping and it will be invoiced to the purchaser.
11.4. In the case of repairs and overhauls the warranty extends to proper technical execution as well as dimensional accuracy and preservation of the strength and load capacity of repaired vehicles or parts of vehicles. Warranty claims for repair lapse within one year after acceptance of the factory service, or in the case of consumers within 2 years.
11.5. If defects in our work are discovered during the assembly of attachments or other components in a third-party workshop, we must be notified before continuing with the assembly for the purpose of rectifying the defects. If this notification is not given, the purchaser shall be responsible for the resulting additional costs or other disadvantages.
11.6. We shall not be liable for defects resulting from circumstances attributable to the customer's field of responsibility.
11.7. We have the right to attach a lien to objects transferred to us for costs and expenditures incurred due to repairs. Contractual lien rights can also be asserted for claims arising from previously performed work and from all other services, provided they are related with the contractual object. Contractual lien rights shall apply to other claims arising from the business relationship only insofar as they are uncontested or have been recognised by declaratory judgement.
12. Right of objection of advertising recipients
If the customer should no longer wish to receive information and offers from us in the future, he/she can object to the use of his/her data for advertising purposes. The customer must notify us of this in writing, enclosing the advertising material in question along with his/her name and address.
13. Place of jurisdiction – Performance – Governing Law
13.1. The place of performance for all deliveries is the headquarters of our company.
13.2. Place of jurisdiction If the customer is a merchant as defined by the HGB (German Commercial Code), a juridical person under public law or a special fund under public law, the relevant court shall be Altötting District Court or Traunstein Regional Court, depending on the amount in dispute.
13.3. This contract shall be governed exclusively by the laws of the Federal Republic of Germany. The provisions of UN sales law shall not apply.
13.4. If individual provisions of the Terms and Conditions are invalid, that shall not affect the validity of the remainder of the contract. Invalid provisions shall be replaced by legally valid provisions.
All previous catalogues hereby lose their validity. All information is supplied without guarantee;
Subject to changes, errors and misprints. All prices are in Euros. The entire content of this catalogue, including the layout, are protected by copyright. All rights reserved, including photomechanical reproduction and storage in electronic media. Trademarks are used without any guarantee of their free usability. Utmost care was taken in compiling texts, tables and illustrations. Despite this the possibility of errors cannot be excluded. Errors excepted. All dimensional specifications and weights should be considered non-binding. Subject to deviations over the course of further development. Our products are subject to continuous monitoring and further development. We must reserve the right to make changes resulting in improved quality. The illustration may show special equipment in some cases.