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Our tenders and deliveries are governed by the following conditions.
Any other agreements shall be made in writing and shall only become
binding for us after our express approval has been given in writing.
Should any of these conditions be modified or become invalid this
shall not affect the validity of the other conditions. Verbal sub-agreements
are invalid.
1. Tender and Contract
Our tenders are always subject to change and our quotations are
not binding.
A contract shall only be considered accepted when we have confirmed
it in writing. The customer shall be deemed to have accepted these
conditions if he does not submit an objection on receipt of the
order confirmation. The volume of the scope of the delivery is defined
solely by our written order confirmation. Later modifications are
only valid if we confirm these in writing.
2. Price
Our prices are ex works Balingen-Frommern plus Value Added Tax (within
national territory). If no special shipping specifications exist
we shall select the type and route of the delivery.
Packaging, freight, postage, custom duties and insurance shall be
charged to the customer. Insurance shall only be taken out if expressly
requested by the customer. We reserve the right to make price changes.
3. Delivery
Delivery is ex works Balingen-Frommern.
The period of delivery begins with the dispatch of the order confirmation
but not before the complete clarification of all points of the order.
All delivery times are approximate. Any claims resulting from delayed
deliveries are excluded unless we are guilty of gross negligence
which the customer must prove. In the event of operational problems
for us or for our suppliers or acts of God we are entitled to extend
the delivery period for a reasonable time and shall be wholly or
partially freed from the obligation to deliver in the event of unforeseen
circumstances. Acts of God are equivalent to circumstances which
we are unable to influence that make delivery unreasonably difficult
or impossible.
The risk passes to the customer on handing over the goods to the
transporting company or haulage contractor.
4. Payment
Payment shall be made in accordance with the terms and conditions
of payment which are stipulated in the order confirmation. Should
the specified time allowed for payment be exceeded we reserve the
right to charge the customer interest of 4% above the discount rate
of the Central European Bank or our effective rate of interest for
our own credits. The withholding of payments by the customer due
to any counterclaims or the offsetting of any such claims is excluded
apart from recognised or legally binding debts.
5. Warranty
Notification of defects and complaints shall be made in writing
immediately, or at the latest within 10 days, after the delivery
has been received at the point of delivery. Cases of hidden defects
shall be governed by the statutory conditions. We provide warranty
within the scope of the statutory regulations, however we are entitled
to either repair or replace the defective product. We have the right
to try to repair or replace the defective product at least twice.
Only then may the customer demand that the contract be rescinded
in accordance with the statutory regulations. Any other warranty
claims are excluded. Claims shall not be recognised if the customer
or a third party carries out any type of alterations or repairs
to the product without our prior written consent.
For legitimate notifications of defects and warranty cases we are
entitled at our own discretion to either replace the delivery at
the prices which were valid at the time of the complaint or to rectify
the defect. Defective goods may only be returned to us by the customer
with our express approval and at the customer's cost and risk. The
notification of the defect does not release the customer from his
obligation to pay.
6. Liability
We are liable within the scope of the statutory regulations for
intent, gross negligence by legal representatives or executive members
of staff and for culpable infringement of important contractual
obligations by these or other members of staff. We are not liable
for the infringement of unimportant contractual obligations by other
members of staff. In these cases the statutory period for all claims
shall be limited to two years from the time of the infringement
of the contract and we are not liable for damage which could not
be foreseen or is not typical for the contract. The product liability
law shall be unequivocally applicable for all claims made within
the meaning of this law.
7. Reservation of title
The delivered goods shall remain our property until such time as
all our claims resulting from the business relationship have been
settled completely. The customer is our depository. If the goods
are resold or processed, which may only be undertaken in the course
of normal business, the buyer shall hereby assign to us any claims
arising from the resale or processing of the goods. If the buyer
meets his payment obligations to us he is entitled to assume the
assigned claims. At our request the buyer shall give us exact information
about the further use or processing of the goods delivered by us
and about the resulting demands for payment.
The customer is not entitled to pledge the goods or transfer them
by way of security without our written authorisation. We shall be
notified immediately by the buyer by means of a copy of the relevant
documents of any pledges or other impairment of these reserved goods
by a third party or the assigned claims from resale or processing.
8. Place of Performance and _legal Venue
The place of performance for all claims resulting from the legal
relationship is Albstadt-Ebingen. The legal venue for disputes about
the law of exchange and the law of cheques is also Albstadt-Ebingen.
The applicable law is the law of the Federal Republic of Germany.
The application of UN Purchasing law is excluded.
For foreign contractual partners we reserve the right to prosecute
at their legal venue and/or apply the law applicable in their country
9. Software-Copyright
The following provisions also apply when software is purchased by
the Purchaser: The software is protected by § 69a ff. UrhG
(copyright laws). The Vendor does not transfer to the Purchaser
the right to use and exploit the software package above and beyond
the use of the software itself. Every further use and exploitation,
also amendment, processing and copying, as well as any type of error
elimination is liable to prosecution and constitutes a breach of
contract and the Purchaser is then liable for damages. The Purchaser
may only decompile, test, examine and copy the computer programs
within the scope of §§ 69g par. 2, 69d par. 2, par. 3,
69e UrhG (copyright law).
All programming activities above and beyond the scope of that which
is allowed in §§ 69a ff. UrhG, such as the further development
of the software, is exclusively performed for the manufacturer of
the software. The Purchaser may use without restriction the already
existing functions of the computer program and set these to suit
to his company requirements . Copyright information, serial numbers
and any other features pertaining to the identification of the software
and manufacturer may not be removed or changed by the Purchaser.
The Purchaser is liable to the Vendor for all damage caused by third
parties due to types of use which are not permitted under the copyright.
10. e-shop clause
The application of § 312e BGB par. 1 clause 1 no. 1 to 3 and
clause 2 is excluded.
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