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Terms and conditions

General conditions for deliveries and services

Status: July 2013

 

General / scope

These "General Conditions for Deliveries and Services" apply to all - including future - deliveries and services by our company, including accessories, as well as for suggestions, advice and other ancillary services. Our terms of sale and delivery apply exclusively. Conditions of the customer that deviate from our "General Conditions for Services and Deliveries" are not valid.

 

I. Offer

The documents pertaining to the offer, such as illustrations, drawings, information on weights and dimensions, are only approximate unless they are expressly designated as binding. The supplier reserves the right of ownership and copyright to cost estimates, drawings and other documents; they must not be made accessible to third parties. The supplier is obliged to make plans designated as confidential by the customer available to third parties only with the customer's consent.

 

II. Scope of deliveries and services

The written order confirmation of the supplier is decisive for the scope of the delivery, in the case of an offer with a time limit and timely acceptance, the offer. Subsidiary agreements and / or changes are only recognized if the supplier subsequently agrees to them in writing.

 

III. Price and payment

  1. In the absence of a special agreement, the prices apply ex works including loading in the works, but excluding packaging. Value added tax at the respective statutory rate is added to the prices.
  2. In the absence of a special agreement, payment must be made in cash without any deductions to the supplier's payment point, unless otherwise agreed, 1/3 down payment after receipt of the order confirmation, 1/3 as soon as the customer has been informed that the main parts are ready for dispatch, the remainder within another month.

  3. The withholding of payments or the offsetting due to any counterclaims of the customer disputed by the supplier are not permitted.

IV. Delivery time

  1. The delivery period begins with the dispatch of the order confirmation, but not before the documents, permits and releases to be procured by the customer have been provided and before an agreed down payment has been received.

  2. The delivery deadline is met if the delivery item has left the factory by the time it expires or readiness for dispatch has been notified.

  3. The delivery period is extended appropriately in the event of labor disputes, in particular strikes and lockouts, as well as in the event of unforeseen obstacles that are beyond the will of the supplier, insofar as such obstacles can be shown to have a significant influence on the completion or delivery of the delivery item. This also applies if the circumstances occur with subcontractors. The supplier is not responsible for the aforementioned circumstances even if they arise during an already existing delay. In important cases, the supplier will inform the customer as soon as possible about the beginning and end of such obstacles.

  4. If the customer suffers damage due to a delay caused by the supplier's own fault, he is entitled to claim compensation for the delay, excluding further claims. For each full week of the delay, it amounts to 1/2%, but in total a maximum of 5%, of the value of that part of the total delivery that cannot be used on time or in accordance with the contract as a result of the delay.

  5. If the shipment is delayed at the request of the customer, he will be charged the costs incurred by the storage, starting one month after notification of readiness for dispatch, but at least 1/2% of the invoice amount for each month if the goods are stored in the supplier's works. The supplier is, however, entitled, after setting and unsuccessful expiry of a reasonable period of time, to otherwise dispose of the delivery item and to supply the customer with an appropriately extended period.

  6. Compliance with the delivery deadline requires the customer to fulfill its contractual obligations.

V. Transfer of risk and receipt

  1. The risk is transferred to the purchaser at the latest when the delivery parts are dispatched, even if partial deliveries are made or the supplier has taken on other services, e.g. shipping costs or delivery and installation. At the request of the customer, the delivery will be insured against theft, breakage, transport, fire and water damage and other insurable risks at the customer's expense.

  2. If dispatch is delayed due to circumstances for which the customer is responsible, the risk is transferred to the customer on the day of readiness for dispatch; however, the supplier is obliged, at the request and expense of the customer, to take out the insurance requested by the customer.

  3. Delivered items are to be accepted by the customer, even if they have minor defects, without prejudice to the rights under Section VII.

  4. Part deliveries are permitted.

VI. Retention of title

We only deliver on the basis of the retention of title detailed below. This also applies to all future deliveries, even if we do not always expressly refer to them.

  1. We reserve title to the delivered item until all claims from the delivery contract have been paid in full. We are entitled to take back the purchased item if the buyer behaves contrary to the contract.

  2. As long as ownership has not yet passed to him, the buyer is obliged to treat the purchased item with care. In particular, he is obliged to insure them adequately at replacement value at his own expense against theft, fire and water damage. If maintenance and inspection work has to be carried out, the buyer must carry this out in good time at his own expense. As long as ownership has not yet passed, the buyer must notify us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the buyer is liable for the loss we incur.

  3. The buyer is entitled to resell the reserved goods in the normal course of business. The purchaser hereby assigns the purchaser's claims from the resale of the reserved goods to us in the amount of the final invoice amount agreed with us (including VAT). This assignment applies regardless of whether the purchased item has been resold without or after processing. The buyer remains authorized to collect the claim even after the assignment. Our authorization to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the buyer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application has been made to open insolvency proceedings or payments have been suspended.

  4. The treatment, processing or transformation of the purchased item by the buyer is always carried out in our name and on our behalf. In this case, the buyer's expectant right to the purchased item continues with the remodeled item. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same applies in the event of mixing. If the mixing takes place in such a way that the buyer's item is to be regarded as the main item, it is agreed that the buyer transfers proportional co-ownership to us and keeps the resulting sole or co-ownership for us. In order to secure our claims against the buyer, the buyer also assigns to us those claims that accrue to him against a third party through the connection of the reserved goods with a property; we already accept this assignment.

  5. We undertake to release the securities to which we are entitled at the request of the buyer, insofar as their value exceeds the claims to be secured by more than 20%.

VII. Liability for defects in delivery

For defects in the delivery, including the lack of expressly guaranteed properties, the supplier is liable to the exclusion of further claims without prejudice to Section IX, 4 as follows:

  1. All those parts are to be repaired or re-delivered free of charge at the supplier's reasonable discretion, which within 6 months of commissioning as a result of a circumstance prior to the transfer of risk - in particular due to faulty construction, poor building materials or poor workmanship - as unusable or in their own right Turn out usefulness not insignificantly impaired. The supplier must be notified immediately in writing of the discovery of such defects. Replaced parts become the property of the Supplier. If dispatch, installation or commissioning are delayed through no fault of the supplier, liability shall expire no later than 12 months after the transfer of risk. For essential third-party products, the supplier's liability is limited to the assignment of liability claims to which he is entitled against the supplier of the third-party product.

  2. The right of the customer to assert claims for defects expires in all cases from the time of the timely complaint in 6 months, but at the earliest with the expiry of the warranty period.

  3. No guarantee is given for damage caused by the following reasons: Unsuitable or improper use, incorrect assembly or commissioning by the customer or third parties, natural wear and tear, incorrect or negligent treatment, unsuitable operating equipment, replacement materials, defective construction work, unsuitable building site, chemical, electrochemical or electrical influences, unless they can be attributed to the fault of the supplier.

  4. In order to carry out all repairs and replacement deliveries that appear necessary to the supplier at its reasonable discretion, the customer must, after having agreed with the supplier, give the supplier the necessary time and opportunity, otherwise the supplier is released from liability for defects. Only in urgent cases of endangering operational safety and to prevent disproportionately large damage, whereby the supplier must be informed immediately, or if the supplier is delayed in remedying the defect, the customer has the right to remedy the defect himself or through a third party and to demand reimbursement of the necessary costs from the supplier.

  5. Of the direct costs arising from the repair or replacement delivery, the supplier bears - insofar as the complaint proves to be justified - the costs of the replacement part including shipping as well as the reasonable costs of dismantling and installation, further if this is reasonable in the individual case can be demanded, the costs of any necessary provision of its fitters and assistants. Apart from that, the customer covers the cost.

  6. The warranty period for the replacement part and the repair is three months, but runs at least until the original warranty period for the delivery item has expired. The period for liability for defects in the delivery item is extended by the duration of the business interruptions caused by the repair work.

  7. Any changes or repairs carried out improperly by the purchaser or third parties without the prior consent of the supplier will invalidate the liability for the resulting consequences.

  8. Further claims by the customer, in particular a claim for compensation for damage that did not occur on the delivery item itself, are excluded. This exclusion of liability does not apply in the event of willful intent or gross negligence on the part of the owner or managerial staff and in cases in which, according to the Product Liability Act, there is liability for personal injury or property damage to privately used objects in the event of defects in the delivery item. It also does not apply in the absence of properties that are expressly guaranteed, if the purpose of the guarantee was to protect the customer against damage that did not occur on the delivery item itself.

VIII. Liability for secondary obligations

If, through the fault of the supplier, the delivered item cannot be used in accordance with the contract by the purchaser as a result of the failure or incorrect execution of suggestions and advice given before or after the conclusion of the contract, as well as other secondary contractual obligations - in particular instructions for the operation and maintenance of the delivery item - further claims shall apply to the exclusion of any further claims of the purchaser, the regulations of Sections VII and IX accordingly.

IX. Right of the customer to withdraw from the contract and other liability of the supplier

  1. The customer can withdraw from the contract if the entire service is finally impossible for the supplier before the transfer of risk. The same applies to the inability of the supplier. The customer can also withdraw from the contract if, when ordering items of the same type, the execution of part of the delivery becomes impossible in terms of the number and he has a legitimate interest in rejecting a partial delivery; If this is not the case, the customer can reduce the consideration accordingly.

  2. If there is a delay in performance within the meaning of Section IV of the delivery conditions and the customer grants the delayed supplier a reasonable grace period with the express declaration that he will refuse to accept the service after this period has expired, and if the grace period is not adhered to, the customer is the customer entitled to withdraw.

  3. If the impossibility occurs during the delay in acceptance or through the fault of the customer, the customer remains obliged to provide consideration.

  4. The purchaser also has a right of withdrawal if the supplier allows a reasonable grace period set for the repair or replacement delivery with regard to a defect for which he is responsible within the meaning of the delivery conditions to elapse without result. The purchaser's right of withdrawal also exists in other cases of failure of the repair or replacement delivery by the supplier.

  5. All other further claims of the customer, in particular for conversion, termination or reduction as well as for compensation for damages of any kind, including damages that did not occur on the delivery item itself, are excluded. This exclusion of liability does not apply in the event of willful intent or gross negligence on the part of the owner or managerial staff and in cases in which, according to the Product Liability Act, there is liability for personal injury or property damage to privately used objects in the event of defects in the delivery item. It also does not apply in the absence of properties that are expressly guaranteed, if the purpose of the guarantee was to protect the customer against damage that did not occur on the delivery item itself.

X. Place of jurisdiction

In all disputes arising from the contractual relationship, if the customer is a registered trader, a legal entity under public law or a special fund under public law, the action must be brought to the court that is responsible for the headquarters or the branch of the supplier performing the delivery is. The supplier is also entitled to sue at the headquarters of the customer.

XI. miscellaneous

  1. The return of our products is only possible with our prior written consent stating our invoice number. The goods must be returned to our works in Lüneburg carriage paid. Credit is made after deduction of the costs incurred for testing, re-storage and depreciation. Custom-made products and spare parts cannot be returned.

  2. Interventions in our software as well as changes, copying and imitations are not permitted without our prior consent.

  3. These conditions also apply abroad, insofar as this is legally permissible there. If these conditions and / or German law are not legally permissible abroad, the UN sales law is also agreed. This does not apply to warranty and liability, which are to be agreed separately in each case. German law applies to all legal issues that are not regulated.

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