Our deliveries and services are made exclusively under the following conditions, waiving the client's own purchase or other conditions. These do not apply to us. In commercial transactions, our general terms and conditions also apply to all subsequent contracts with the client and also if we are bound by later side agreements only after our written confirmation in an individual case. Offers are always non-binding.
2. Price and payment
In the absence of any special agreement, our prices shall apply from our permanent establishment or ex works plus the costs for loading and packaging. Our prices are exclusive of the respectively valid value added tax. If the customer defaults on the settlement of a claim, our receivables from all other deliveries are due immediately as far as the customer is a merchant. Discount rate is. (Default interest). The customer has no set-off or cancellation against our claims. Right of retention, insofar as our counterclaim has been contested by us or has not been legally established.
3. Delivery and carrying of risk
The delivery takes place from our permanent establishment or from delivery on account and risk of the client. The agreed performance period shall be extended appropriately in the event of industrial disputes, in particular strikes and lockouts, and in the event of unforeseen obstacles beyond our control, in particular force majeure, insofar as such impediments are proven to affect the completion or delivery of our services. This also applies if these conditions occur with subcontractors. If damage is caused to a client who is a merchant because of a delay that has arisen as a result of our fault, he is entitled to demand compensation for delay, excluding further claims. It amounts to half a percent for every full week of delay, but in total no more than 5% of the value of the total delivery. If the shipment is delayed at the request of the customer, the risk passes to the customer from the day of readiness for shipment. Starting one month after notification of readiness for shipment, we charge the customer the costs incurred by the storage, but at least half a percent of the invoice amount for each month when stored in our house. However, we are entitled, after setting and expiry of a period of 8 days otherwise, to dispose of the delivery item and to supply the customer with a reasonable deadline based on the usual delivery time.
4. Retention of Title
The sold and delivered goods are only after fulfillment of all claims from our business relationship with the client in his ownership. If the securities granted to us exceed the value of our claims by more than 20%, we are prepared to request partial release of security rights, as far as a partial release according to the type of security is possible. The client assigns to us his claim from resale or rental of the goods, for which he is always revocably entitled in the ordinary course of business, to secure all our claims arising from the business relationship. The client is always revocably entitled to collect the claim; he will use the proceeds to pay off our claim. At our request, the client will name the third-party debtors and show them the assignment. In the case of foreclosure measures by third parties against our reserved goods, we must be informed immediately. In the event of default in payment or other behavior contrary to the terms of the contract by which the settlement of our claim is jeopardized, we may demand the surrender of our reserved goods or remove them from the business premises of the customer to which we are entitled at all times and remove them. The exercise of the right of publication takes place only as a security and is not subject to deviating force or legal requirements as resignation from the publisher. In the event of a faulty delivery, we are entitled to two subsequent remedy for the same defect within a reasonable period. All spare parts are to be repaired or re-delivered free of charge at our discretion, provided that a legal warranty obligation applies to us. In commercial transactions, the detection of such defects must be reported to us immediately in writing. The location of the repair can be determined according to expediency. If, despite our provision, the client insists on a different repair site, he shall bear the costs resulting from the location difference. We are not liable for manufacturer-made technical changes to the ordered equipment, which worsen their technical function sustainable.
Otherwise, we are not liable for any damage, unless they were caused by us or our vicarious agents intentionally or through gross negligence.
7. reservation of service
If a major deterioration in the financial circumstances of the client subsequently becomes known before the final execution of the order, we can unilaterally change the terms of payment, and in particular make all claims due immediately. Demand collateral or withdraw from all contracts. Damage incurred by the customer from this, he has to bear.
8. Special regulations for leases
The rental period begins on the day of the agreed provision of the leased property. It ends when all objects rented with a single contract return to our business premises or warehouse. If a rented property is returned damaged, the repair and the accrued, not responsible for us downtime is to be regarded as a rental period. Open days count as whole days. The dispatch of the co-objects takes place on calculation of the tenant. The risk of loss or deterioration by accident or force majeure shall be borne by the renter from the beginning of the transport until the end of the return transport. The correct delivery of the rented item is considered as accepted by the renter unless he objects immediately after receipt.
The renter is obliged to ensure the proper handling, maintenance and care of the leased goods. If the leased property is to be repaired, a consultation with us must take place beforehand. We are entitled to check or have the rental objects checked at any time. For this, the place of use of the leased property is to be announced. We have the right to check the rental objects for their condition before returning them in the presence of a representative of the renter. We are to be informed immediately of garnishments or other impairments through measures of third parties.
If a rental object has been handed over by us in a contractual condition, it is incumbent on the tenant to us a fault for any defect or. Defect consequential damage. For the rest, the regulation under number 6 of the GTC applies. The lessee undertakes to insure the rental objects against the usual risks as part of a commercial and a low-current insurance.
9. Special regulations for service and repair
When our technical support is requested for a service, we provide our services on a time and material basis, as far as our field service knows the technical specifications of the service item and we can obtain the appropriate service parts, tools, test equipment in the usual way , In determining a security risk not caused by us, we can interrupt the service until the risk has been eliminated.
The execution of non-agreed work requires the prior consent of the client, unless that, the client is not available at short notice, the work is necessary and orders for DM 500, - not more than 15% and orders for DM 500, - by no more than 10%. At the request of the client, we will prepare a written estimate. In this work and spare parts must be listed in each case and provided with the respective price. We are bound by this estimate until one week after its submission. Working time and waiting period to be represented or agreed upon by the client, including the time for the procurement of maintenance parts, tools and test equipment, shall be charged at our current rates; as well the travel time and the car stand costs. If customer service is provided at a location more than 150 km away from our permanent establishment, a minimum hourly rate of 8 hours will be used unless our after-sales service is otherwise applicable. We reserve the ownership of all installed accessories and spare parts until full payment has been received. also in this respect applies number 4 of the Terms.
10. Fulfillment and jurisdiction
Place of fulfillment for deliveries and payments is Göppingen. The place of jurisdiction for all disputes arising from the contractual relationship is the district court Göppingen or the district court Ulm, insofar as the business partner is a registered trader. For these terms and conditions and for the entire legal relationship between VICOM and its business partners, the law of the Federal Republic of Germany applies exclusively. Should any provision of these terms and conditions be or become ineffective, this shall not affect the validity of all other provisions. Ineffective provisions shall be replaced by effective provisions which come as close as possible to the intended purpose.
General Terms & Conditions