1. General information
The following terms of sale are determining for all offers and order acceptances as well as for all supplies by us. They apply also to all future business relations between us and the orderer. Other conditions than these in particular purchasing conditions of the orderer, do not apply, even if they are rejected not expressly in other form. With acceptance to the commodity the orderer does without the application of his own conditions also if this excludingness stresses. Verbal agreements or warranties are ineffective without our written confirmation. As far as these terms of sale do not contain deviating rules, in addition to it the general terms of delivery apply to products and achievements of the electrical industry.
All prices apply net from stock Steinbach excl. for the valid VAT excl. dispatch and packing cost/freight insurance. On instruction (written) the SVS/RVS prohibition customer without insurance is set. The dispatch computation takes place to the list prices, which apply on the dispatch day.
3. Terms of payment
Supplies under € 250 take place by bar cash on delivery, over €250 v-cheque cash on delivery. With debit we grant 2 days to 2% discount payment. During excess of the date of payment the orderer without reminder comes into delay. We are to be computed entitled starting from maturity interest of at least 5% over the rate of discount of the German Federal Bank. The asserting of further distortion damage remains reserving expressly. With delay of payment of the orderer we can furthermore independently of agreed upon dates of payment, which require immediate payment of all pending demands and/or of all existing deliveries also of such, with which no delay of payment are present, withdraw or require for choice payment of damages because of default. The orderer is entitled for the set-off, retention or reduction, if notices of defect or counterclaims are also made, only if the counterclaims were validly determined. All payments are taken into account in principle on the oldest debt,independently of differently reading regulations of the buyer. Partial deliveries and part deliveries can be charged for separately.
If no other written instructions were met, the dispatch takes place after our choice via DPD, UPS, forwarding business or post office on calculation and danger of the orderer.
EXSYS strives to deliver all orders immediately. If EXSYS for reasons, which EXSYS does not have to represent, is not for distribution able, the buyer, EXSYS commits itself to grant an appropriate respite. This respite amounts to at least four weeks, if nothing different one is agreed upon. Taken place within this respite no supply, the buyer can withdraw from the contract. Partial deliveries and part deliveries are permissible and are considered as independent achievement.
6. Default of acceptance
If the orderer does not remove individual supplies or partial deliveries or if it refuses the acceptance, then we can set an appropriate period for the orderer to the acceptance. If the orderer did not accept the commodity within it set the period, then we are entitled to withdraw from the contract or to require compensation because of default. The orderer has to replace the entire damage including transport. In this case we can prove our damage alternatively or not demand without proof overall 30% of the net value of the removed supply plus the cash displays as compensation. The amount of damage is to be set more highly or lower, if we or the orderer a smaller damage prove a higher.
7. Retention of title
All supplies take place under extended retention of title. The supplied commodity remains up to the complete payment of all requirements from the business relation including all secondary claim (with payment by cheque or change up to their redemption) our property. The orderer may pawn nor for security convey reservation commodity to you neither. The orderer has us accesses of third goods delivered on those under retention of title to communicate immediately by telegraph. Equipment of the orderers us in relation to in payment in arrear, then we are to be taken back entitled the reservation commodity and to be entered to this purpose the areas. The orderer is entitled to connect the reservation commodity in the context of the usual course of business with goods third we acquires in this case co-ownership at the new things in the relationship of the value of the interconnected or again manufactured things, resulting from the connection, in accordance with §94/IBGB. If the orderer sells the interconnected or again manufactured things, at which we have co-ownership, then the orderer retires already now his demand for purchase price against his customer in the relationship of the value of our co-ownership at us as security and authorizes us hereby to the collection to the demand in the own name. If the value of the collateral exceeds the still open demands around more than 20%, we will release the amount of the collateral going beyond it upon the requests of the orderer. The orderer is to be sold entitled the commodity in the right course of business. He retires already today its to all demands against the buyer from the reselling at us for our security. The orderer is authorized and obligated to the introduction of the demands, as long as we do not recall this authorization. The collection authorization of the orderer expires without express explanation on our part, if the orderer stops his payments. We will not make use from our collection power, as long as the orderer follows his liabilities.
8. Lack and adhesion for damage
Lack to inappropriate handling (force, short-circuit) to attribute are, are excluded from conversion/credit note. Goods, which exhibit manufacturing or material defects at the time of the passage of the risk, which waive or reduce the value or the fitness for the normal or after the contract before-expenditure-set use, repaired under exclusion of other requirements exchanged after our choice free of charge or, if the orderer immediately examined the commodity and us the lack immediately after their discovery in writing communicated. Complained of goods are to be sent back us only on request. With the repair or the exchange connected cost of insurance and transportation carries the orderer. Since we do not have influence on the use of our goods by the orderer and the intended purpose, we are not usually responsible neither for the suitability of our goods for the intended intended purpose still for damage, which develops from suitability lacking, it is, it between the parties something else is in writing agreed upon. Other requirements are impossible, equivalent from whatever argument, in particular lack damages. The client can require reduction of the remuneration or resignation of the contract, if three rework attempts failed or the replacement is again unsatisfactory. The asserting of guarantee performance demands presupposes the complete payment of all of our due demands against the orderer. Rights of lien and set-off against our demands are impossible, it are, them were validly determined or indisputably.
9. Restriction of adhesion
Claims for damages from impossibility of the achievement from positive demand injury, from being to blame for with conclusion of a contract and from bad action are both against us and also against our fulfilment bez. Performing assistant impossible, as far as deliberate or roughly negligent acting is not present.
If we agreed a cancelling of new standard products expressly, we must compute 20% of the commodity value as costs of unpacking, examining and new packing for the protection of the next buyer. Cancelling of the EXSYS products are accepted only with complete contents and in original packings. Products in special execution (thus not catalog moderate) cannot be taken back. Customized special productions are excluded from conversion/return. Reimbursement of costs (goods credit note) exclusively takes place on commodity, not on forwarding expenses.
As far as programs belong to the scope of supply, for these a simple, unrestricted right to use to the orderer, is granted i.e. he may copy these neither nor leave others for use. A repeated right to use requires a special written, agreement. With offence against this right to use, the orderer in full height was responsible for the damage developing from it. Large claims for damages due to more easily negligence, in particular such because of indirect damage (e.g. loss of information and data, four-infestation, operating interrupts) are impossible.
12. Partial inefficacy
If individual regulations of these terms of sale should be ineffective or become, then the validity of the remaining regulations is not affected of it. To the place of the ineffective regulations steps that legally permissible regulation or handling, which corresponds to the economic purpose desired or comes at the next one.
13. Place of delivery area of jurisdiction
Place of delivery and area of jurisdiction are Frankfurt at the Main for all commitments resulting in the connection with our supplies. The area of jurisdiction Frankfurt/Main applies also to requirements in the document change and cheque process as well as in the reminder procedure. The same area of jurisdiction in the inland has, after conclusion of a contract his domicile or usual place of residence at the time of the complaint collection does not admit is. We are however entitled after own choice to sue the orderer also at every different one for it justified area of jurisdiction. Between the parties excluding the domestic right of the Federal Republic of Germany one agrees upon.
In accordance with § 26(1) data protection act we point out that all customer and supplier-related data with assistance of the electronic data processing of us are stored and processed. Excerpts/reproduction/copies from our catalog only with written permission.