Scope
All deliveries,
services and offers of GIGALICHT (hereinafter referred to as "Seller") are subject to these General Terms and Conditions .
These form part of all contracts concluded by the Seller and its contractors (hereinafter referred to as "Customer") of the goods or services offered by him . They also apply to all future
deliveries, services or offers to the client, even if they are not separately agreed again .
Terms and Conditions of the Client or third parties shall not apply, even if the seller does not contradict separately its validity in individual
cases.
Even
if the seller receives a letter containing the terms and conditions of the Client or a third party, or refers to , this shall not constitute agreement with such terms and conditions .
Offer and Conclusion of Contract
All offers of
the Seller are not binding unless they are expressly designated as binding or contain a certain acceptance period . Orders or contracts may accept it within fourteen days after receipt of Seller .
The assumption is valid only if it is declared by the seller in writing .
Alone decisive for legal relations between seller and customer is the written purchase contract, the written
order confirmation or invoice mailing by the seller, including these General Conditions.
This reflect all agreements between the parties to the contract object completely again. Verbal commitments from the seller prior to this Agreement are legally non binding and verbal agreements between the
parties are superseded by the written agreement, if they not expressly state that they shall remain in force.
Additions and modifications to
agreements , including these General Conditions shall be effective only in text form. With the exception of managing the employees or agents
of the Seller shall not be entitled to make verbal agreements deviating from this.
Details from the seller to the object of delivery or performance (eg, weights , dimensions , performance data , tolerances and other technical data) are only approximate unless the
contractually intended purpose requires an exact match. They are not warranted characteristics , but descriptions or
identifications of goods or services .
Commercial deviations and variations that occur or technical improvements due to legal provisions , as well as the replacement of components by equivalent parts are permitted provided they do
not affect the contractually intended purpose.
The seller reserves the ownership or copyright on all submitted offers and cost estimates as well as
provided drawings, illustrations, calculations and other documents and aids to the customer.
The client may make these objects and data without the explicit consent of the seller, either give them as such
or in content to third parties, disclose them. Use them themselves or through third parties or reproduce them.
He returned on request of the seller these objects , data and all storage media used for this purpose or, where this is technically impossible to remove at his own cost and to destroy any
copies when they are no longer needed by him in ordinary course of business or if negotiations not lead to the conclusion of a
contract.
Prices and Payment
The prices are for the power
supply and specified in the sales contracts , purchase orders , invoices , etc. . Additional or special services
are charged separately .
The prices are in EURO , including packaging , plus shipping , VAT at import or export shipments and customs fees and other public charges.
It
is the advance payment or an L / C ( letter of credit ), agreed by the client, unless otherwise expressly agreed . Any costs the payment or L / C shall be borne by the customer. Bills have to be paid within a week without any
deduction , unless otherwise agreed in writing . With respect to the date of payment is the receipt
from the seller.
If the principal when due , the amounts outstanding are with 8% points to bear interest from the due date over the base rate , and the assertion of higher interest rates and other damages in
case of default shall remain unaffected.
If payment has been agreed in advance , the client is aware that the work he deposit of 10 % is usually also paid by the seller as a deposit to the manufacturer. If the remaining
payment is not made by the client, the damage is usually caused at least in the amount of the deposit paid by the client . A non- timely payment of the balance by the contracting authority can lead to high storage
costs.
The offsetting of counterclaims of the customer or the withholding of payments due to such claims is permissible only if the counterclaims are undisputed or legally binding.
The seller is entitled to make outstanding deliveries or services only against advance payment or security or provide if circumstances become known to him at the end of the contract, which
are likely to reduce the creditworthiness of the customer significantly , and by which the payment of outstanding claims of the seller is endangered by the client from the respective contract. Outstanding receivables from the respective contractual relationship for
this case are due immediately in full height .
Delivery time
Deliveries are made at the expense and risk of the
Customer from the Seller named in the contract of sale location . If no location is
specified, they are made from the business of the seller .
Asked by Seller Terms and dates of supplies and services shall always approximate only, unless that is a fixed period or a fixed date has been expressly agreed or agreed.
If shipment has been agreed, delivery times and dates refer to the time of delivery to the carrier, freight forwarder or other third parties responsible for the transportation .
The seller may - without prejudice to its rights arising from default of the client - the client require an extension of the delivery and performance deadlines or postponement of delivery and
performance dates to the period in which the customer 's contractual obligations to the seller does not fulfill .
The seller is not liable for the impossibility of delivery or for delays in delivery caused this by force majeure or other , at the time the contract is concluded unforeseeable events (eg,
malfunctions of any kind , difficulties in material and energy , transport delays , strikes, lawful lockouts
labor, energy or raw materials , difficulty in obtaining necessary regulatory approvals , governmental actions or missing, incorrect or late delivery by suppliers ) that the seller is not
responsible .
If such events the seller make delivery or performance or impossible and the difficulty not only of a temporary nature , the seller is entitled to withdraw from the contract.
If there are obstacles of a temporary nature to extend the delivery or performance deadlines or postpone the delivery or performance dates to the period of the hindrance plus a reasonable
start-up period .
Unless the client to accept the delivery or performance can not be expected as a result of the delay , he may by immediate written declaration to the seller of the contract.
The seller is only entitled to partial deliveries if the partial delivery for the client as part of the contractual purpose is used , the delivery of the remaining ordered goods is ensured
and the client does not incur any significant additional expenses or costs. Unless the seller
agrees to transfer these costs .
The liability of the seller , the seller with a delivery or delay in performance or is it a delivery or service , for whatever reason , impossible, is to compensation in accordance with
para. 7 of these General Terms is limited .
Fulfillment, shipping, packaging , transfer of risk , acceptance
Place of performance
for all obligations under the contract is the business of the seller , unless otherwise specified .
The shipping and packaging are subject to the reasonable discretion of
the seller.
The risk shall pass to the delivery of the delivery item (the start of the loading is decisive) to the forwarding agent , carrier or other third party designated to carry the shipment to the
Customer . This applies even if partial deliveries are made
or the seller has undertaken another performance . This applies even if free delivery has been agreed.
If delivery is delayed or the transfer due to a circumstance , the cause lies with the client , the risk passes from the moment the client on which the delivery item is ready for shipment and
the Seller has notified the client .
Storage costs after the transfer of risk borne by the customer . When stored by the seller for the storage
costs amount to 0.25 % of the amount of the stored items delivered per full week . Remain the assert and prove additional or lower storage costs .
Unless otherwise agreed , shipment is uninsured.
The consignment will be insured by the seller only upon express request of the customer and at his expense against theft , breakage, transport, fire and water damage or any other insurable
risks. Any credit for the
damage done by the seller only if it has received coverage by the insurance company .
If acceptance is to take place , the goods shall be deemed accepted if
delivery and, if the seller owes the installation , the installation
is complete of this seller . Purchaser in regard to the deemed acceptance under
this clause 5.6. notified and asked him to accept ,
Date of delivery 12 working days have elapsed or the client has begun to use the purchased goods (eg, has taken the delivered system is in operation ) and are passed in this case since it was
delivered 6 working days , and
the client has the decline within this period for a reason other than the seller displayed a defect which makes the use of the goods impossible or substantially impair refrain .
Warranty, defect
The warranty period is one year from delivery or
, if acceptance is required upon acceptance .
The delivered
goods must be carefully investigated immediately after delivery to the customer or a third party appointed by him .
They shall be deemed approved if the seller is not a written complaint regarding obvious defects or other defects which were recognized on an immediate , thorough investigation , within three
business days after delivery of the item or otherwise within three days after discovery of the defect or any earlier date in
which the lack of the customer or the recipient designated by him during normal use of the delivery item was visible without close examination , in the in clause . 2.3. certain way has been received . At the request of the seller , the rejected delivery item must be returned
carriage paid to the Seller.
In case of justified complaint, the seller pays the costs of the cheapest path , this does not apply if the costs increase because the delivery item is located at a place other than the place
where he by the seller or by the client or a third party with knowledge and consent of the seller was delivered.
In case of defects of the delivered goods , the seller is entitled to within a reasonable period to be taken first choice for repair or replacement and committed . In case of failure , that is
the impossibility of unreasonableness , refusal or undue delay in repair or replacement , the customer may cancel the contract or reduce the purchase price accordingly .
If a defect is the fault of the vendor , the client may be in prov
. 7 require certain conditions damages.
In case of defects in components of other manufacturers that can not eliminate the vendor for licensing or factual reasons , the seller will make his choice after his warranty claims against
the manufacturer or supplier of the principal or assign them to the client.
Warranty claims against the Seller shall at such defects under other conditions and in accordance with these General Conditions only when the enforcement of the above mentioned claims against
the manufacturers and suppliers was unsuccessful or , for example due to insolvency , is hopeless. During the duration of the dispute concerned
the limitation of warranty claims of the customer against the seller is inhibited.
The warranty is void if the customer changes the delivery item without the consent of the seller and can be changed by a third party and thus the defects is impossible or unreasonably
difficult . In any case, the customer has to bear the
additional costs resulting from the alteration of the defect removal .
Warranty claims are not made for normal wear or damage caused to the client or a third party as a result of faulty or negligent handling, excessive strain, the use of improper operation or
installation or due to special external influences after the transfer of risk.
Warranty claims are also excluded in the case of improper use not provided for in the contract or treat the delivery items or changes , installation or repair work .
An agreed
individually with the client takes delivery of used goods without any liability for material defects .
Liability for damages for negligence
The seller's liability for damages , regardless of the legal basis, especially impossibility , delay, defective or incorrect delivery , breach of contract, breach of duty in contract
negotiations and tort, and if it is in matters of fault, in accordance with this Clause . 7 restricted.
The seller is not liable for simple negligence of its agencies, legal representatives, employees or other agents as it is not a breach of contractual obligations .
Essential contractual obligations include the obligation to make timely delivery of free of material misstatement delivery , advisory , protection and care obligations , which enable the
client contractual use of the delivery item or the protection of life or health of the client's personnel or the protection of its property significant damage object . Essential contractual obligations are also the agreed quantities and performance
details of the delivery items .
If the seller gem .
Section 7.2 shall be liable for damages after the fact , this liability is limited to damages which foresaw in the contract as a possible consequence of a breach of contract by the seller or
his ordinary care should have foreseen when applied.
Indirect or consequential damages that result from defects in the object are also only eligible for compensation if such damage under normal use of the delivered goods are typically to be
expected .
In the case of liability for simple negligence, the liability of the seller for property damage and resulting loss of damage to an amount of EUR 3,000,000.00 per incident is limited, even if
it is a breach of contractual obligations .
The above exclusions and limitations apply to the same extent in favor of the institutions , legal representatives , employees and other agents of the Seller .
If the seller gives technical information or advice and such information or advice is not part of the tax which he is contractually agreed scope , this is done free of charge and without any
liability .
The restrictions do not apply to this Ziff.7 the seller's liability for willful conduct, for guaranteed characteristics , injury to life, body or health or under the Product Liability
Act.
retention of title
The subsequent retention of title serves to secure all existing current and future demands of the seller against the client from the deliveries agreed between the parties.
The delivered
goods by the seller to the purchaser until full payment of all secured claims ownership of the seller . Goods under this clause , and in lieu of , covered by
the reservation goods are referred to in this Clause . 8 called conditional goods.
The Principal shall store the reserved goods for the seller.
The client is
entitled to sell the reserved goods to the entry of the enforcement event (Section 8.9) to be processed in the normal course of business and sell . By way of security shall not be permitted .
If the reserved goods are processed by the client , it is agreed that the processing on behalf and for the account of the seller takes place and the seller 's property or immediately - if the
processing of materials from several owners or the value of the processed item is higher than the value of reserved goods -
the co-ownership ( fractional ownership ) to acquire the newly created object in the ratio of the value of goods to the value of the newly created item .
In the event that no such acquisition of ownership should occur by the seller , the customer shall already on acceptance of the contract between Seller and Customer by the Seller its future
ownership or - in the above ratio - ownership of the newly created object to the security to the seller.
If the reserved goods with other objects to form a single or inseparably mixed and is one of the other things regarded as the main item, it shall transfer to the Seller , provided that the
main item , the customer rata co-ownership of the new item to the named in sentence 1 ratio .
In the case of resale of the goods, the customer shall already on acceptance of the contract between the vendor and the client by the seller as security arising from the resale of claims
against the purchaser - in co-ownership from the seller to the reserved goods in proportion to the joint ownership - to the seller . The same applies to other claims , which
take the place of the goods or otherwise arising in terms of the goods such as Insurance claims or tort claims for loss or destruction. The seller authorizes the contracting purchaser to
collect the claims assigned to the vendor in its own name . The seller may revoke this
authorization only in the event of liquidation .
If third parties to the reserved goods , in particular through seizure, the customer will immediately indicate the property of the seller and inform the seller of this in order to enable it
to enforce its property rights.
If the third party is not able to reimburse the seller arising in this context, judicial or extrajudicial costs , the customer is liable for the seller, if the third party would have to bear
the costs.
The seller will release the reserved goods and the superseding items or claims on request at its discretion if its value exceeds the amount of the secured claims by more than 50 %.
If the Seller for breach of contract by the contracting authority - in particular default of payment - from the contract ( collecting cases ) , he is entitled to the reserved goods.
final provisions
Jurisdiction for any disputes arising from the business relationship between the seller and the customer is at the seller 's place of business or registered office of the principal.
For claims against the seller 's place of business exclusive jurisdiction .
Mandatory statutory provisions on exclusive jurisdiction remain
unaffected by this provision.
The relationship between the
seller and the customer subject to the law of the Federal Republic of Germany . The United Nations Convention on Contracts for the International Sale of Goods of 11
April 1980 ( CISG) does not apply.
If the contract or these General Terms and Conditions contain loopholes , are to fill these gaps by those legally effective provisions agreed that the parties would have agreed to the
economic objectives of the contract and the purpose of these General Terms , if they had known the loophole.
Note:
The Customer takes note that the seller collects data from the contract pursuant to § 28 Federal Data Protection Act for the purpose of data processing and reserves the right to use the data
as necessary for the fulfillment of the contract to provide third parties (eg insurance).
Foundation ear electrical equipment register
WEEE -
FULL-SERVICE
WEEE -Reg.-No . DE43999080