GENERAL TERMS AND CONDITIONS OF ING.-BUERO G. PINNOW IGP E.K.
1) General and scope
a) Our terms and conditions apply exclusively; other terms are not applicable, unless we would have expressly agreed to their validity in text form.
Our Terms and Conditions shall apply even if we have knowledge of conflicting customer terms or of deviating conditions of the customer, we perform the delivery to the Customers unconditionally.
b) Our terms and conditions apply only to entrepreneurs, legal entities of the public law or special funds under public law within the meaning of § 310 (1) BGB.
c) Our terms and conditions also apply to all future business with the customer.
2) Conclusion of the contract
a) All offers of IGP are subject to change until the acceptance by the customer and not binding. Orders of the customer are binding offers made by IGP through a corresponding order confirmation in text form or by delivery of the goods be accepted.
b) product descriptions, technical or other drawings, sketches, dimensions or other illustrations are only binding and part of the delivery, if this has been expressly agreed in writing.
c) Changes and additions require the text form.
a) Unless otherwise stated in the offer or elsewhere, we comply with the requirements of the Offer prices quoted are 30 days from the date of notification. Decisive are otherwise the prices stated in the order confirmation.
b) All prices offered by IGP are exclusive of VAT and, unless expressly agreed otherwise in writing, plus shipping and handling transport costs, packaging, customs, insurance and training.
4) Delivery and service
a) Deliveries are made ex works.
b) Deadlines and dates for deliveries and services are only valid for express and in Text form made commitment or agreement binding.
c) If delivery has been agreed, delivery periods and delivery dates refer to the Date of transfer to a person responsible for transport or shipment third.
d) IGP is not liable for impossibility of delivery or for delivery delays, insofar as these by force majeure (eg natural disasters) or other, at the time of Conclusion of the contract unforeseeable events (eg disruption of any kind, Difficulties in material or energy procurement, transportation delays, strikes, lawful lockouts, lack of manpower, energy or raw materials, difficulties in obtaining necessary regulatory approvals, official measures or the missing, incorrect or not timely supply by suppliers), which IGP is not responsible for.
Insofar as such events significantly complicate the delivery or performance of IGP or impossible and the disability is not just temporary, is IGP entitled to withdraw from the contract. Extend for obstacles of temporary duration the delivery or service periods or postpone the delivery or service deadlines by the period of the disability plus a reasonable start-up period. As far as the Customers are not expected to accept the delivery or service as a result of the delay he can, by immediate declaration in writing to IGP from the contract step back.
e) IGP is entitled to make partial deliveries if
i) the partial delivery for the customer within the scope of the contractual intended purpose
ii) the delivery of the remaining ordered goods is ensured and
iii) the customer incurs no significant additional expenses or additional costs (unless IGP agrees to cover these costs). Compliance with the delivery and service obligations on the part of IGP sets the timely and proper fulfillment of the customer’s obligations.
5) Shipping, transfer of risk and packaging costs
a) The risk passes to the customer as soon as the shipment to the transport or the Dispatching person has been handed over. This is true even if partial deliveries are made or IGP has taken over other services (eg shipping).
b) If shipping, transport or delivery is delayed as a result of a circumstance, whose cause lies with the customer, the risk is transferred to the customer from the day on the delivery item is ready for despatch and IGP has indicated this to the customer.
c) If the customer so wishes, IGP will provide the delivery through a transport insurance stock up; the costs incurred in this respect shall be borne by the customer.
d) The return of packaging requires a separate agreement.
6) Rights of the customer due to defects
a) The delivered items are immediately after delivery to the customer or to the Carefully inspect third parties designated by him. They are considered approved if IGP not a notice of defects in written form regarding obvious defects or other defects, which were identifiable by an immediate, careful examination within seven working days after delivery of the delivery item or otherwise within seven working days after the discovery of the defect or any earlier date in which the lack for the customer with normal use of the delivery item without further details Examination was apparent, received in text form.
b) At the request of IGP, the object of delivery shall be returned to IGP. At justified complaint, IGP reimburses the costs of the cheapest shipping route; this applies not, as far as the costs increase, because the delivery item is in a different location as the place of intended use.
c) In the case of material defects of the delivered items, IGP shall within appropriate deadline to be taken first to eliminate the defect or replacement committed and entitled. If the subsequent performance fails, the customer is free to choose entitled to demand withdrawal or reduction.
d) The warranty is void if the customer without the consent of IGP Subject of the delivery changes or can be changed by third parties and the remedy of defects thereby impossible or unreasonably difficult.
The warranty is also void if operating or maintenance instructions from IGP or not followed by the manufacturer, parts replaced or consumablesused that does not meet the original specifications or equivalent Actions on the delivery item are made.
In any case, the customer has the additional costs of the change due to the change Defect removal carry.
e) It is not considered a defect when manuals and other analog and digital Accompanying material (as usual in the industry) are written in English.
Unless otherwise agreed in writing, IGP is not liable for the content of such ancillary products.
f) We are liable according to the legal provisions, if the customer claims for damages based on intent or gross negligence, including intent or gross negligence of our representatives or vicarious agents are based. As far as we are not accused of intentional breach of contract the liability for damages is foreseeable, typically occurring Damage limited.
g) We are liable according to the legal provisions, if we culpably a substantial violate contractual obligation; also in this case, however, the liability for damages on the foreseeable, typically occurring damage.
h) To the extent that the customer is otherwise entitled to a claim for negligent breach of duty Replacement of damage instead of performance is our liability to replace the foreseeable, typically occurring damage.
i) Liability for culpable injury to life, limb or health stays untouched; this also applies to the mandatory liability under the Product Liability Act as well as assuming a guarantee for the condition.
j) Unless otherwise stipulated above, liability is excluded.
k) The limitation period for claims for defects is 12 months, calculated from the delivery of the Thing. This does not apply if the purchased item is usually used for a building and caused the defect, as well as in the event of a delivery recourse according to § 478 BGB.
7) Total liability
a) Any further liability for damages than in para. 6 provided is – without Consideration of the legal nature of the asserted claim – excluded. this applies in particular for claims for damages due to negligence on conclusion of the contract, because of other breaches of duty or due to tort claims for compensation for damage to property according to § 823 BGB.
b) The limitation according to para. 7) lit. a) shall also apply insofar as the customer instead of a claim to Replacement of the damage, instead of the performance requires compensation for useless expenses.
c) Insofar as the liability for damages against us is excluded or limited, the following applies this also with regard to the personal liability for damages of our employees, Employees, employees, representatives and vicarious agents.
8) Retention of title
a) We reserve ownership of the delivery item until all payments have been received from the delivery contract. In case of breach of contract by the customer, in particular at Default of payment, we are entitled to take back the delivery item. In the Withdrawal of the delivery item by us is a withdrawal from the contract. We are after Return of the delivery item is entitled to its utilization, the proceeds of sale on the liabilities of the customer – less reasonable exploitation costs – to be counted.
b) The customer is entitled to continue to deliver the goods in the ordinary course of business selling; However, he already assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim arising from the resale against his customers or third parties, regardless of whether the Delivery item has been resold without or after processing. For confiscation this requirement remains with the customer after the assignment authorized. Our authority, the to collect claim yourself remains unaffected. However, we undertake the Claim not to collect, as long as the customer its payment obligations from the proceeds, does not fall into arrears and in particular no Application for opening of conciliation or insolvency proceedings is filed or payment adjustment is present. But if this is the case, we can request that the customer the assigned claims and their debtors announce to us, all to the collection necessary information, hand over the relevant documents and Debtors (third parties) the assignment.
b) The processing or transformation of the delivery item by the customer is always for made us. Is the delivery item with other, not ours processed objects, so we acquire the co-ownership of the new thing in the Ratio of the value of the delivery item (final invoice amount, including VAT) to the other processed items at the time of processing. For by processing Incidentally, the same thing applies as for the conditionally delivered goods Delivery item.
d) If the delivery item is connected with other items not belonging to us or inseparably mixed (hereinafter called “mixing”), we acquire that Co-ownership of the new item in the ratio of the value of the delivery item (invoice Final amount, including VAT) to the other mixed items at the time the mixing. If the mixing takes place in such a way that the customer’s cause as The main thing to look at, it is considered agreed that the customer pro rata Co-ownership transfers. The customer keeps the resulting sole ownership or Co-ownership for us.
e) The customer also assigns to us the claims to secure our claims against him, by linking the delivery item with a piece of property against a third party grown up.
f) We undertake to provide the securities to which we are entitled on request of the customer insofar release as the realizable value of our collateral the claims to be secured exceeds by more than 10%; the selection of the securities to be released is our responsibility.
a) Invoices are payable within fourteen days of receipt of the invoice without any unless otherwise agreed in writing. Decisive for the date of payment is the receipt at IGP. Checks are valid only after final Credit on the account as payment.
b) From the beginning of default, the funds amount to nine percentage points above the base rate interest. IGP is free to charge higher interest rates, provided the statutory Prerequisites exist.
c) Offsetting against counterclaims of the customer or the retention of payments because of such claims is only admissible, as far as the counterclaims are undisputed or are legally established.
d) IGP is entitled to make outstanding deliveries or services only against advance payment to provide or provide security if IGP, after completion of the Contract circumstances become known, which significantly increases the creditworthiness of the customer are suitable and through which the payment of open claims of IGP by the customer from the respective contractual relationship (including from others Individual contracts for which the same framework contract applies) is endangered.
10) Product information
a) Data and facts from product information of IGP or others, by IGP marketed manufacturers are only binding if agreed in text form.
b) All drawings and other analog or digital technical documentation or information on the goods or their manufacture, which IGP makes available to the customer, remain the property of IGP or the corresponding without any contrary agreement Manufacturer, and without express consent, may not be used for purposes other than they were made available, in particular not copied, altered, be reproduced, transmitted or otherwise circulated.
11) Place of performance, applicable law and jurisdiction
a) Jurisdiction for any disputes arising from the business relationship between IGP and the customer is Hamburg.
b) The relations between IGP and the customer are subject exclusively to the law of Federal Republic of Germany excluding the UN Sales Convention.
c) Should individual provisions of these General Terms and Conditions or the contract be ineffective or unenforceable or ineffective after conclusion of the contract or become ineffective, the effectiveness of the general conditions or of the contract otherwise unaffected. In place of ineffective or unenforceable
The purpose of the provision is to be that which is effective and practicable and whose effects closest to the objective of the parties with the ineffective or unenforceable provision.