Terms and Conditions of the JenMechanik Ltd.
§1 offer/ offer documents
Our offers occur not-binding. Orders are valid only as accepted when they are confirmed by us. On pictures, drawings, calculations, switch plans and other documents we reserve ourselves property rights and copyrights, they may be made to third not accessible. Before passing them on into third parts it requires our explicit written approval.
Prices get on in the absence of special arrangements ex works, excluding packaging and assurances, loaded freely vehicle. Provided that nothing else agrees, we determine way of the dispatch. The packaging is calculated to cost of sales and is not taken back. The deduction of discount payment needs a special written arrangement. Unjustified withheld discount payment deductions will be demanded in addition.
§ 3 dangers crossing
The danger goes over, as soon as the object of delivery has left our company area, also if the supplier has taken over the delivery. Only by presentation of an explicit order of the customer the product is insured by us in the name of and for the calculation of the customer after the best judgement against theft damages, transport damages, break damages, fire damages and water damages.
§4 installation, commissioning, approval
In the offer price are included by linked up arrangements all ordinarily originating expenditures for the introduction and approval of the arrangement by a service engineer of the manufacturer. They base approval expiry on a speedy appliance. A free from problems commissioning/approval assumes that the arrangement is unpacked completely and is spent at its final installation place and put up. Furthermore all conditions must be fulfilled according to our installation terms and operating conditions as well as our connection plan. Costs for the delays which are to be represented by sides of the customer must be calculated according to the chargings valid at the suitable time for services to you. Immediately after the introduction the approval of the arrangement occurs. About the approval of the arrangement a protocol which confirms the perfect function of the arrangement is provided and signed by both sides. With it the arrangement is valid as final handed over. The handing over is also valid as carried out if partial functions from the decrease protocol are excluded or are put back, as long as these do not make the whole function of the arrangement impossible.
§5 delivery time
We reserve to us right selfsupplyn in time. Dates of delivery and terms of delivery which can be agreed obligingly or without obligations are to be given in writing. Terms of delivery are valid only if the customer fulfils on his part all contract duties.
§6 guarantee and compensation
The guarantee term lasts 6 months of the day of the danger crossing calculated, provided that nothing is agreed the contrary. This term is a period of limitation and is also valid for claims to substitute of lack secondary damages, as far as these are not asserted abbedungen or as long as no claims from unauthorised action. The customer has to check our deliveries and achievements immediately on receipt of whether defects are given. If defects are ascertained, these at the latest 10 days are to be asserted on receipt of in writing. If a lack is given which is not recognizable with immediate examination, the fault rebuke must occur within the guarantee term immediately by discovery. For defects of deliveries and achievements to which also the absence of assured qualities heard we provide within the guarantee term guarantee in the manner that we remove defects after our choice by finishing touches or the object of delivery or parts of it anew deliver. Delivered objects are, even if they expel inessential defects to accept from the customer. For essential foreign products our liability limits itself to the cession of the liability claims which are entitled to us against the supplier of the foreign product. By possibly on the part of the customer or a third improperly without previous approval made changes or repair work, the liability is lifted. Wearing parts, company means are excluded from the liability claims, as well as damages from improper or inexpedient use, negligent or faulty treatment of the object of delivery have originated, provided that they are not to be led back on a fault of the supplier. Other claims of the customer, in particular a claim to substitute of the damages which have not originated in the object of delivery themselves are excluded. The customer is expressly pointed out to the possibility of the overrun by technical failure and the requirement originating from it of an everyday data protection. Today moreover suitable technical aid is available. By the processing of important data the customer acts roughly negligently if he omits from this everyday protection. The liability for overrun is limited to intention and coarse carelessness. If the customer can teach none to the restoration of the data necessary backup copy, or this is older than 2 days, we are released from the liability completely.
If the customer delivers a device for repair or service purposes, he agrees that we extinguish his complete data - without pointing out him again to it and without protecting this - for the repair purposes and test purposes. For a data protection before the repair admission and for the restoration resulting the repair of the data the customer himself has to take care. He releases us from every liability for lost data.
§7 payment and extended retention of title
Provided that nothing else are agreed calculations within 7 days from calculation date without deduction to the payment due. If the customer comes to default, we are entitled to demand interests on arrears at the rate of 10% of the calculation value p.a. after reminder. In Mahnstufe 1 is raised a surcharge of 25€ and in Mahnstufe 2 a surcharge of 50€. For ordered and not taken ware 60% of the calculation value are charged as an expenditure compensation. The following method of payment is valid for systems / goods deliveries with a value of more than 5t € than agrees: 1/3plus of legal value added tax immediately after confirmation of order 1/3plus of legal(lawful) value added tax immediately by announcement(message) of the dispatch readiness 1/3plus of legal(lawful) value added tax within 30 days after our calculation of delivery all payments occur(take place) net, through cheque(check) or transfer.u A retention right up to the implementation(execution), perhaps, necessary guarantee work does not confess. Should single components of the contract extent not be provided by the delivery yet, the purchase price portion to be paid by the delivery is reduced around the value of delivery still being cancelled(omitted) to the not yet delivered(supplied) parts. The restraint of payments or the compensation because of more any(possible) counterclaims denied by the supplier of the customer are not admissible. The object of delivery remains our property up to the entire payment. The supplier is entitled to insure of the object of delivery at the expenses of the customer against in §3 called(mentioned) risks, provided that the customer himself has not taken out a such(that) policy as can be proved. Before the final payment the Verpfändung or security conveyance is prohibited. A resale is permitted only within the scope of a proper trend of affairs. For the case of the resale the customer already resigns(renounces) now his(its) purchase price demand against the acquirer by full height to us. If the customer is with a payment all or part in the delay, he stops his(its) payments, or arise(surrender) otherwise entitled doubts about his(its) payment willingness, he is not entitled any more to dispose of the product(ware).
§8 technical changes(amendments)
So far they serve the progress and the improvement of our arrangements(enclosures), we reserve ourselves any time technical changes(amendments). §9 Nebenabsprachen
verbal Nebenabsprachen are trifling. Only arrangements are binding which are documented in writing and are confirmed.
§10 sonstige arrangements
Having to do single regulations(determinations) of this condition is ineffective all or part or become, the validity(legal force) of the remaining conditions(terms) is not thereby touched.
§11 legal venue legal venue
for all disputes arising(surrendering) from the contract is Jena, the Federal Republic of Germany. The contract is defeated by German law.