Tegernsee customs
The Tegernsee customs with the official designation Customs in the domestic trade in round timber , sawn timber , wood-based materials and other semi-finished wood products are the only codified, i.e. written down, trade customs . They were first compiled by the woodworking , wood trading and wood processing associations in 1950. They take their name from the conference venue on Tegernsee , where the Customs Commission had completed its work and the written version was signed by the representatives of the business associations involved.
The current version of the Tegernsee customs dates from 1985, a new version is planned for 2020 or 2021. The management of the Great Customs Commission was held by the Bundesverband Deutscher Holzhandel eV, Wiesbaden, now the General Association of German Timber Trade eV (GD Holz), Berlin. DG Wood has an extensive archive of the minutes of the Great Customs Commission and current case law (judgments) on the Tegernsee customs.
The timber industry is the only branch in Germany that has a codified, i.e. written, custom. The reason for the multitude of usages is mainly due to the specific characteristics of the naturally grown building, raw and material wood. A comparable and also codified custom exists in Austria with the Austrian Timber Trade Uses 2006 .
According to the preamble, the Tegernsee customs do not apply between forestry - i.e. forest ownership - and their customers.
history
Precursors of the Tegernsee customs were regional and range-specific trade customs such as the customs of south-west German timber trade (1922), delivery conditions and customs of Bavarian timber trade (1926), delivery conditions and customs in south-west German and Rhenish-Westphalian timber trade (1935) or customs in the Rhenish-West German timber trade. Commerce (1930), Central German customs for dealing with wood (1924) and East German trading customs for hardwood (1936). The wood market regulation in the period 1933 to 1952 had partially suspended the free movement of wood in state-regulated prices and purchase orders. After 1945, the timber industry took advantage of the new beginning to harmonize the various usages.
Content of the Tegernsee customs
The Tegernsee customs contain in the 1st part - general - general rules for business transactions such as offers, invoicing and payment method, place of fulfillment / place of jurisdiction, rules on complaints etc.
The general part also applies to foreign wood products that are traded and resold domestically.
In the 2nd part - special - rules are laid down for coniferous sawn timber from domestic production and for hardwood sawn timber, wood-based materials and veneers , for example dimensional accuracy, wood delivery moisture, measurement, etc.
In the annex to the above-mentioned parts, commercial quality classes for coniferous sawn timber are defined. Part of the Tegernsee customs are still the "customs for the mediation of timber transactions" , the so-called broker customs . When the Tegernsee customs were last revised in 1985, the system was no longer revised with the standard commercial grades for coniferous sawn timber. The reason for this was that quality classes and wood sorting were already subject to rapid change at that time and were partly overtaken by DIN standards and, from the 1990s, then also by EN standards. This change was already taken into account in the preamble to this annex with the note, "In the case of special requirements, the DIN standards must be observed and agreed in the case of orders. For example, the strength and humidity of structural timber are considered to be special requirements ."
Legal meaning
The Tegernsee customs have legal effect through the commercial code according to § 346 HGB (commercial customs ) : "Among merchants , in view of the meaning and effect of actions and omissions, the customs and practices applicable in commercial traffic must be taken into account." The validity of the Tegernsee customs as commercial custom among merchants has been confirmed by the highest court rulings (BGH, judgment of April 23, 1986 - Az. IVa ZR 209/84 -, Betriebs- Beratung 1986, 1395). The Tegernsee customs do not only apply in the timber trade or between the sawmill industry and trade, but also apply among merchants , i.e. H. all those who buy and sell wood commercially. As a commercial custom, they do not have to be specifically agreed. Rather, it must be specifically agreed in individual cases that they should not apply. Trade customs apply normatively, so a merchant cannot claim not having known them. The scope of the Tegernsee customs can also be circumscribed with the associations and top organizations of the industries that were involved in the last determination and are named in the appendix to the Tegernsee customs - such as the sawing industry, veneer works, the wood-based materials industry, the furniture industry, the timber trade and wood - and plastics processing craft, carpentry and glass craft. In the new federal states, too, the Tegernsee customs quickly (again) came into force. This is confirmed by the judgments of the Leipzig Regional Court (Az. 05 HKO 3294/96 and 01 HKO 8424/97) and the Higher Regional Courts of Thuringia (Az. 1 U 541/02) and Dresden (Az. 2 U 1863/95).
Importance in practice (examples)
The German Commercial Code (HGB) requires an initial inspection and an immediate notification of defects in the goods received. The Tegernsee Customs (TG) specify the general rules of the Commercial Code in § 12 of the TG to the effect that the goods received must be reported immediately, but no later than within 14 calendar days. Another regulation based on wood is that discolouration of fresh goods must be reported within seven calendar days at the latest. Furthermore, the Tegernsee customs stipulate formal requirements for the notification of defects: The complaint must be made in writing, the defects must be specified precisely and the storage location must be specified. Furthermore, a so-called prohibition of disposal of the goods complained about applies : the goods may not be disposed of, i. i.e., it may not be removed from the storage location, resold or further processed until an agreement has been reached.
Wood assortments and classification
The wood assortments covered by the Tegernsee customs extend - as far as general business practices (§ 1–13) are concerned - to round wood , i. H. Logs , sawn timber (rough goods), d. H. Softwood and hardwood lumber, wood-based materials, d. H. Panel materials such as chipboard , fiberboard, plywood, etc. and other semi-finished wood products .
The other classic product groups such as planed goods , veneers and, in the sense of custom, younger product groups such as finishing products including panels , parquet and laminate flooring , building elements and wood-in-the-garden products are subsumed under other semi-finished wood products.
In the special section, more specific ranges or features are mentioned:
- Logs, mediums and plaits
- clean pages
- Model goods and rough planers
- Block goods
- Dimensional and list goods
- (trimmed) carpenter quality (from selected blocks)
- unedged sawn timber
Measurement and dimensions
Softwood
Unedged sawn timber (with the edge of a tree ) is measured in the middle of the board on the narrower and wider side, and measured out in the middle or in blocks . Certain boards up to 33 mm thick are only measured on the narrow side.
The dimensions are rounded down to full centimeters, except for dimensional and list goods. In the case of planed goods, the final width is recorded in millimeters. For goods with an alternating fold, the fold is measured. For planed and pounded or only pounded goods, the profile dimension is also calculated in millimeters.
The length is recorded in full, half and quarter meters; Log and block goods also in decimeters; Dimensional goods, list goods and fixed lengths in full centimeters.
The following minimum cover widths are provided for unedged boards and planks: 8 cm for thicknesses up to 19 mm; 10 cm at 20 to 30 mm thickness; 12 cm for a thickness of 31 to 40 mm and 14 cm for a thickness of more than 41 mm. For pine and larch wood, additional average widths (DB) of 20, 23, 25 and 27 cm are provided, which must not be undercut by more than 4 cm.
literature
- Author collective: Tegernsee customs. Customs in the domestic trade in round timber, sawn timber, wood-based materials and other semi-finished wood products . Version 1985. DRW-Verlag, Stuttgart 1985, 36 pages, ISBN 3-87181-120-3 .
Web links
- Tegernseer Gebräuche - Customs in the domestic trade in round timber, sawn timber, wood-based materials and other semi-finished wood products (PDF file), version 1985
Individual evidence
- ↑ Baumbach / Hopt, Commercial Code. Commentary , 33rd edition, Munich 2008, Verlag CH Beck, ISBN 978-3-406-56564-9 , § 346 HGB, Rn. 15th
- ↑ Baumbach / Hopt, Commercial Code. Commentary , 33rd edition, Munich 2008, Verlag CH Beck, ISBN 978-3-406-56564-9 , § 346 HGB, Rn. 1–9 (definition and validity)
