abre Terms and Conditions

Abre Gene­ral Terms and Conditions 


1.1 The­se Gene­ral Terms and Con­di­ti­ons shall app­ly to all busi­ness which ABRE GmbH — her­ein­af­ter also refer­red to as ABRE — con­ducts in the field of dis­tri­bu­ti­on of pow­der coa­tings in its own name, inclu­ding the initia­ti­on and pro­ces­sing of business.

1.2 The­se Gene­ral Terms and Con­di­ti­ons shall also app­ly to all tran­sac­tions which ABRE bro­kers as a com­mer­cial agent for pro­du­cers of pow­der coa­tings, unless the pro­du­cers agree on dif­fe­rent terms and con­di­ti­ons with the cus­to­mer in the indi­vi­du­al case. The­se Gene­ral Terms and Con­di­ti­ons shall the­re­fo­re app­ly, if app­li­ca­ble, with the pro­vi­son that in the case of bro­ke­red tran­sac­tions, the pow­der coa­ting pro­du­cer shall be the con­trac­ting par­ty ins­tead of ABRE.

1.3 Any devia­ting terms and con­di­ti­ons of the cus­to­mer shall be inef­fec­ti­ve, even if ABRE does not express­ly object to them. In any case, the cus­to­mer accepts the­se Gene­ral Terms and Con­di­ti­ons by taking deli­very of the goods.

1.4 Indi­vi­du­al agree­ments take pre­ce­dence over the­se GTC.



2.1 ABRE may rea­son­ab­ly incre­a­se the agreed pri­ce if, as agreed, deli­very is to be made later than four mon­ths after ABRE’s offer to enter into the con­tract and if mar­ket pri­ces have incre­a­sed in the meantime.

2.2 Unless other­wi­se sta­ted in the order con­fir­ma­ti­on, the net purcha­se pri­ce is due for pay­ment without deduc­tion wit­hin 30 days from the date of invoice. A 2% dis­count shall be gran­ted for pay­ment wit­hin ten days of rece­i­pt of the invoice. If the purcha­ser defaults on pay­ment, ABRE is enti­t­led to char­ge inte­rest on arre­ars at a rate of 4% abo­ve the respec­ti­ve dis­count rate of the Deut­sche Bun­des­bank p.a.. If we are able to pro­ve a hig­her dama­ge cau­sed by default, we are enti­t­led to claim it. The cus­to­mer is, howe­ver, enti­t­led to pro­ve to ABRE that ABRE has suf­fe­red no dama­ge or sub­stan­ti­al­ly less dama­ge as a result of the delay.

2.3 The Purcha­ser shall only be enti­t­led to set-off rights if its coun­ter­c­laims have been legal­ly estab­lis­hed, are undis­pu­ted, or have been ack­now­led­ged by us. Fur­ther­mo­re, he shall be enti­t­led to exer­cise a right of reten­ti­on inso­far as his coun­ter­c­laim is based on the same con­trac­tu­al relationship.



3.1 Com­pli­an­ce with our deli­very obli­ga­ti­ons shall be sub­ject to the time­ly and pro­per ful­fill­ment of the Purchaser’s obli­ga­ti­ons. Events of for­ce majeu­re shall extend agreed deli­very peri­ods or post­po­ne dead­lines. For­ce majeu­re shall also inclu­de, in par­ti­cu­lar, hin­dran­ces cau­sed by strikes or lock­outs, inclu­ding tho­se occur­ring abroad, to the extent that ABRE pro­cu­res goods from manu­fac­tu­rers in a strike-stri­cken for­eign coun­try or has to trans­port the goods through a strike-stri­cken for­eign coun­try. This shall app­ly muta­tis mutan­dis to delays in deli­very as a result of tra­de poli­cy or sov­er­eign mea­su­res, inso­far as the manu­fac­tu­re or trans­port or the hand­ling of the pro­cu­re­ment and deli­very of goods are affec­ted thereby.

3.2 Par­ti­al deli­ve­ries and excess or short deli­ve­ries of up to 10 per­cent are per­mis­si­ble. In the case of cus­to­mer-spe­ci­fic spe­cial designs, up to 30 per­cent excess or short deli­ve­ries are permissible.

3.3 If ABRE is in default of deli­very, the Cus­to­mer may, after having gran­ted a rea­son­ab­le grace peri­od, rescind the con­tract to the extent that the goods have not been dis­patched or have not been noti­fied as rea­dy for dis­patch by the expi­ry of the grace peri­od; in the case of par­ti­al deli­ve­ries, this shall app­ly to the ent­i­re goods only if the part alrea­dy deli­ve­r­ed is of no inte­rest to the Customer.

3. 4 Claims for dama­ges due to delay, impos­si­bi­li­ty, or a posi­ti­ve bre­ach of con­tract for which ABRE is respon­si­ble are only given under the fol­lowing con­di­ti­ons: — ABRE shall be liable to the full amount of dama­ges in case of its own gross negli­gence and that of exe­cu­ti­ve employees, in addi­ti­on- ABRE shall be liable on the merits in case of any cul­p­a­ble vio­la­ti­on of essen­ti­al con­trac­tu­al obli­ga­ti­ons and- ABRE shall be liable out­side such obli­ga­ti­ons on the merits also for gross negli­gence of simp­le vica­rious agents, unless ABRE can exempt its­elf from this by vir­tue of com­mer­cial cus­tom,- ABRE shall be liable in the last two groups of cases only to the amount of com­pen­sa­ti­on for the typi­cal fore­see­ab­le dama­ge. Any fur­ther lia­bi­li­ty of ABRE is exclu­ded. The limi­ta­ti­on of lia­bi­li­ty shall not app­ly if ABRE is liable for com­pel­ling rea­sons under the Pro­duct Lia­bi­li­ty Act, nor in the absence of war­ran­ted cha­rac­te­ris­tics, if the pur­po­se of the war­ran­ty is pre­cise­ly to pro­tect the Purcha­ser against dama­ge to the deli­very item itself.

3.5 Deli­very shall be ex works, sub­ject to the pos­si­bi­li­ty of deli­very, sub­ject to self-sup­ply, tel. qual.



4.1 ABRE war­rants that Cus­to­mer will con­sist­ent­ly recei­ve the qua­li­ty of goods that Cus­to­mer has tes­ted. Bey­ond that, ABRE does not war­rant any spe­cial pro­per­ties of the goods.

4.2 The Purchaser’s war­ran­ty rights are sub­ject to the con­di­ti­on that the Purcha­ser has duly com­plied with its obli­ga­ti­ons to inspect the goods and to give noti­ce of defects pur­suant to §§ 377 HGB (Ger­man Com­mer­cial Code). Inso­far as a defect in the purcha­sed item for which ABRE is respon­si­ble is given, ABRE shall be enti­t­led, at its dis­cre­ti­on, to reme­dy the defect or to make a repla­ce­ment delivery.

4.3 If ABRE is not pre­pa­red or not in a posi­ti­on to reme­dy the defect or to make a repla­ce­ment deli­very, in par­ti­cu­lar if this is delay­ed bey­ond a rea­son­ab­le peri­od of time for rea­sons for which ABRE is respon­si­ble, or if the reme­dy of the defect or the repla­ce­ment deli­very fails in any other way, the Purcha­ser shall be enti­t­led, at its opti­on, to with­draw from the con­tract or to demand a reduc­tion of the purcha­se price.



5.1 ABRE retains tit­le to all goods deli­ve­r­ed until all claims against the cus­to­mer have been satis­fied in full. This shall also app­ly if the cus­to­mer makes pay­ments on spe­ci­fi­cal­ly desi­gna­ted claims. In the event of over­col­la­te­ra­liz­a­ti­on, the cus­to­mer may demand that ABRE trans­fer to it tit­le to goods excee­ding 10 per­cent of the value of the out­stan­ding claims.

5.2 The cus­to­mer may dis­po­se of goods sub­ject to reten­ti­on of tit­le or co-owned by ABRE only in the ordi­na­ry cour­se of busi­ness. The cus­to­mer is not enti­t­led to trans­fer owners­hip by way of secu­ri­ty without ABRE’s consent.

5.3 The cus­to­mer assigns to ABRE in advan­ce a part of the claims it has due to the resa­le of ABRE’s goods or of items with which ABRE’s goods have been pro­ces­sed or mixed, in the amount cor­re­spon­ding to ABRE’s claim. ABRE accepts the assign­ment in advan­ce. Sec­tion 5.1 abo­ve shall app­ly muta­tis mutan­dis to the overcollateralization.

5.4 The cus­to­mer may collect claims in the ordi­na­ry cour­se of busi­ness until objec­tion by ABRE. The assign­ment of claims assi­gned to ABRE in who­le or in part to third par­ties is not per­mit­ted. This shall also app­ly to the sale of receiva­bles by way of factoring.



6.1 The place of per­for­mance for the pay­ment of the cus­to­mer and the place of juris­dic­tion shall be the regis­tered office of ABRE, thus Schwä­bisch Hall.

6.2 The place of juris­dic­tion shall also be Schwä­bisch Hall, Ger­ma­ny, in the event of a check pro­test for the check action.

6.3 In addi­ti­on, the law of the Federal Repu­blic of Ger­ma­ny shall app­ly. If the cus­to­mer is domic­i­led abroad, the UN Con­ven­ti­on on Con­tracts for the Inter­na­tio­nal Sale of Goods (CISG) shall not apply.

6.4 Should indi­vi­du­al pro­vi­si­ons of the­se GTC be or beco­me inva­lid, the remai­ning pro­vi­si­ons shall nevertheless remain valid. The inva­lid pro­vi­si­ons shall be repla­ced by the cor­re­spon­ding sta­tu­to­ry provisions.