Job Offer: Montage (m/w/d)


These are the general terms and conditions of the company Carla Cargo
Engineering GmbH (hereinafter referred to as Carla Cargo) with its registered office in Bombach, which
is registered at the local court of Freiburg under the number HRB717878.

1. validity of the conditions
1.1 The deliveries, services and offers of Carla Cargo are
exclusively on the basis of these terms and conditions. These are therefore also valid for
all future business relations, even if they are not expressly agreed upon again
be agreed. The following shall apply at the latest upon receipt of the goods/services
these terms and conditions as accepted. counter-confirmations of the buyer and/or
the reference to its terms and conditions of business or purchase is hereby
I disagree.
a. Deviations from these terms and conditions are only effective,
if Carla Cargo expressly confirms them in writing.
b. These General Terms and Conditions apply exclusively
towards entrepreneurs, legal entities under public law
or public law special assets within the meaning of § 310 para. 1 BGB.

2. offers, contracts, product descriptions and definitions of terms
2.1 A (price) offer is not binding for Carla Cargo and is exclusively
Invitation to the customer to place an order.
2.2 Once an order has been placed, it can no longer be
be cancelled or changed, except in writing by Carla Cargo
accepted conditions. Carla Cargo reserves the right to process orders in accordance
a written notification of the customer without giving reasons to
cancel. Carla Cargo is not obliged to cancel any payments already made by the
payments, except in the case of advances for the purchase of goods and services and
the cancelled order.
2.3 A contract is concluded as soon as the customer places an order or if
Carla Cargo is executing an order. Does Carla Cargo, at the request of the client
works for the latter before a contract is concluded or an order placed
then the customer will pay Carla Cargo for this according to the usual tariffs

3. prices and payments
3.1 Decisive are those of Carla Cargo on the day of delivery/service
prices plus the respective country-specific legal fees.
Value added tax.
3.2 The packaging and shipping costs, import and export duties and other
similar surcharges, charges/duties or taxes imposed on the products and
transport of the products are levied or required, are at the expense of the

4. payment
4.1 The customer shall pay the invoices within the time limit specified in the invoice.
payment period from the invoice date.
4.2 Carla Cargo has the right to request an advance payment or other
to demand security.
4.3 If Carla Cargo is aware of circumstances that affect the creditworthiness of the buyer in
question, Carla Cargo has the right to request down payments or security
without prejudice to further legal claims.
4.4 If Carla Cargo does not receive full and timely payment
the customer is automatically in default, without any notice of default being required
is required. In this case all claims of Carla Cargo against the
customers, regardless of the reason or type of claim, immediately due
and the customer owes default interest of 2% per month or part of a month on the
outstanding amounts. In this case Carla Cargo has the right to suspend all activities
to postpone or suspend for the client without being considered as a
If this postponement or suspension results in liability to the customer
4.5 All (extra-) judicial costs incurred by Carla Cargo for the collection of amounts
which the customer owes to Carla Cargo, the customer must be informed by
Minimum of 15 % of the outstanding amounts.
4.6 Notwithstanding any statement to the contrary, the customer must
Make payments to settle debts in the following order
Interest, (extra-) judicial collection costs, invoice amounts due
(older over newer).

5. delivery date
5.1 The delivery date stated by Carla Cargo is based on the circumstances that
apply to Carla Cargo at the moment of conclusion of the contract and, insofar as the
company is dependent on the services of third parties, on the information that
these third parties to Carla Cargo.
5.2 The delivery date is always a target date and never includes a
ultimate delivery period. With the confirmation of order, the desired delivery date is
5.3 The customer will not claim damages if the delivery date is
is exceeded. nor will the customer terminate the contract in such a case
dissolve. The customer will pay Carla Cargo for the fulfilment of the contract, in
In consultation with Carla Cargo, allow a reasonable period of time. Only if Carla
Cargo fails to fulfil the contract within a reasonable time,
the right to dissolve the contract arises. Carla Cargo is not obliged,
to compensate for any damage, unless otherwise provided for in these General Terms and Conditions
conditions or the contract was expressly stipulated otherwise.
5.4 Carla Cargo has the right to make partial deliveries at any time.

6 Transfer of risk, packaging
6.1 Unless otherwise agreed, delivery ex works shall be deemed to be
“Bombach” agreed. The risk shall pass to the buyer as soon as the shipment
has been handed over to the person performing the transport or for the purpose of
dispatch has left the Seller’s warehouse; this shall also apply if Carla
Cargo arranges the transport with its own forces.
6.2 If shipment becomes impossible through no fault of Carla Cargo, the goods will be shipped
risk shall pass to the buyer with the notification of readiness for dispatch.
6.3 The transport – and all other packaging in accordance with the
Packaging Ordinance are not taken back, with the exception of
reusable means of transport. The buyer is obliged to
to dispose of the disposable packaging at their own expense. The multiple
means of transport are only provided to the buyer on a loan basis; the buyer is not entitled to
Buyer is to return in proper condition, without damage

7. retention of title
7.1 Ownership of all products delivered to the customer shall only then be transferred to
the customer, if the customer has fulfilled all obligations arising from the contract
has fully complied with its obligations, including but not limited to
not limited to the purchase price, any surcharges, interest, taxes and
Costs incurred on the basis of the General Terms and Conditions or on the basis of the
contract, and any services provided in connection with the contract will be
are or have been delivered with the products.
7.2 The customer is not authorized to rent the products to third parties or to sell them to third parties.
make them available for use, pledge them or otherwise
in favour of third parties, before Carla Cargo has transferred ownership of these
products to the customer.
7.3 The customer may use the products delivered under reservation of title
solely in the normal exercise of his trade or profession
use. If the customer does not meet his payment obligations in due time
the client shall, upon request, immediately enable Carla Cargo to collect all
products delivered under retention of title and/or to be inspected by
to the place where they are.

8. guarantee
8.1 The warranty rights of the buyer presuppose that the buyer has fulfilled his obligations according to §
377 HGB (German Commercial Code), and to give notice of defects properly
has followed.
8.2 The legal rights of recourse of the buyer against Carla Cargo are
only insofar as the buyer does not conclude with his customer any agreements with
has reached an agreement that goes beyond the scope of the warranty claims.
8.3 If there is a defect in the object of sale for which Carla Cargo is responsible, the
Carla Cargo always has the opportunity to provide subsequent performance within
to grant reasonable time limits. Carla Cargo is entitled to choose to
defect removal or to the replacement delivery entitled.
8.4 If the supplementary performance fails, the buyer can – irrespective of any
claims for damages – withdraw from the contract or reduce the purchase price
…reduce. Claims of the buyer due to the claims made for the purpose of subsequent performance
necessary expenses, in particular transport, travel, labour and
material costs, are excluded, as far as the expenses increase, because
the object of the supply is subsequently transferred to a place other than the
place of performance, unless the transfer corresponds to its place of destination.
intended use.
8.5 Claims for defects shall not exist in the case of insignificant deviation from the
agreed quality, in case of insignificant impairment of the
usability, in case of natural wear and tear or in case of damages which are
Transfer of risk due to incorrect or negligent handling, excessive
stress, unsuitable equipment and/or due to special conditions of use
external influences and/or which are not provided for under the contract, the customer
8.6 If operating or maintenance instructions of Carla Cargo and/or the
Manufacturer not followed, changes of a non-permitted nature to the products
replaced parts or consumables/spare parts are used, the
which do not comply with the original specifications, liability shall not apply
by Carla Cargo for material defects; something else applies only if the
In the event of a warranty claim, it can be proved that the
reasons for exclusion.
8.7 Claims for material defects shall become statute-barred after 12 months; the period shall begin with the
Transfer of risk. The above provisions shall not apply insofar as the law
according to §§ 438 para. 1 no. 2 (items for buildings), 479 (right of recourse) and 634
a (construction defects) BGB prescribes longer periods.
8.8 Unless otherwise provided for below, further claims are excluded.
of the buyer – for whatever legal reasons – is excluded. Carla Cargo
is therefore not liable for damage that has not occurred to the delivery item itself
are; in particular, Carla Cargo is not liable for loss of profit or any other
financial losses of the buyer.
8.9 Carla Cargo shall be liable according to the statutory provisions, if Carla Cargo
culpably violates an essential contractual obligation; in this case, however, the
Liability for damages on the foreseeable, typically occurring
damage limited. Otherwise, liability for damages is excluded;
insofar Carla Cargo is not liable in particular for damages which are not
the delivery item itself.
8.10 The above exemptions from liability shall not apply if the
cause of damage is based on intent or gross negligence; they also apply
not in cases of bodily injury and/or damage to health and in cases where
which the buyer is obliged to accept due to the assumption of a guarantee for the existence of
of a property claims for damages, unless the
The purpose of the guarantee of quality only extends to the
contractual conformity of the underlying delivery, but not at the risk
of consequential damages caused by defects. A change in the burden of proof to the disadvantage of the buyer
is not associated with the above provisions.

9. total liability
9. 1 A more extensive liability for damages than is provided for in § 8 –
regardless of the legal nature of the claim –
excluded. This applies in particular to claims for damages from
culpa in contrahendo, due to other breaches of duty or
due to tortious claims for compensation for material damage in accordance with § 823 BGB.
9.2 The limitation according to No. 1 shall also apply if the customer instead of a
Claim for compensation of the damage instead of performance Compensation of useless
9.3 Insofar as liability for damages against us is excluded or
is restricted, this also applies with regard to the personal
Liability for damages of our employees, workers, staff, representatives
and vicarious agents.

10. force majeure
10.1 Delays in delivery and performance due to force majeure and
due to events that make it considerably more difficult for Carla Cargo to deliver
or make it impossible (e.g. strike, lockout etc.), authorise Carla Cargo
the deliveries or services by the duration of the hindrance plus one
appropriate start-up time. The same shall apply accordingly if the
the aforementioned obstacles at suppliers of Carla Cargo or their
subcontractors have entered into.
10.2 If a force majeure situation persists for thirty (30) days, both parties
parties the right to terminate the contract in whole or in part in writing.
quit. In the event of force majeure on the part of Carla Cargo, the
customer has no right to compensation or damages, even then,
if Carla Cargo would benefit from such a case of force majeure.
10.3 The parties must notify each other as soon as possible after the occurrence of
a (possible) situation of force majeure in writing.

11. intellectual property
11.1 The Client may not infringe any intellectual property rights of Carla Cargo
…in the first place. The list of these rights includes, but is not limited to
limited, trademarks, trade names, logos, images, text, design rights,
patents, copyrights, product descriptions or other
words or symbols.
11.2 We shall not be bound by illustrations, drawings, calculations, data and other
Carla Cargo reserves the right to ownership and copyright of the documents; they may not be
not be made accessible to third parties. This applies in particular to such
information, including written documents, which are designated as confidential; before
their transfer to third parties, the buyer requires the express written consent of the
Agreement from Carla Cargo.

12. applicable law, jurisdiction, partial invalidity
12.1 For all present and future claims arising from the
Business relationship with manufacturers, legal entities of the public sector, and
law and special funds under public law, including bills of exchange and
cheque claims, the exclusive place of jurisdiction is the registered office of Carla Cargo.
12.2 Unless otherwise stated in the order confirmation, the place of jurisdiction
The place of business of Carla Cargo “79341 Kenzingen” is the valid place of performance.
12.3 For these terms and conditions and all legal relations between
The law of the Federal Republic of Germany shall apply to the Seller and the Buyer.
The application of the UN Convention on Contracts for the International Sale of Goods (United Nations
of 11.04.1980 on contracts for the international sale of goods, BGBL 1989 II S.
588, b.e.r. 1990 mII, 1699) is excluded.

13. severability clause
13. 1 Should any provision of these General Terms and Conditions
be ineffective, the effectiveness of the remaining provisions shall not be affected by this

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