1. General
Our deliveries and services are carried out exclusively under the following conditions, with the client waiving his own purchasing 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 even if we only make subsequent additional agreements binding in individual cases after our written confirmation. Offers are always subject to change.
2. Price and Payment
In the absence of a special agreement, our prices apply from our premises or from the delivery factory plus the costs for loading and packaging. Our prices do not include the applicable statutory VAT. If the client defaults on settling a claim, our claims from all other deliveries also become due immediately if the client is a merchant. discount rate is. (Maturity interest). The client has no right to set off or offset our claims. Right of retention if his counterclaim is disputed by us or has not been legally established.
3. Delivery and assumption of risk
Delivery takes place from our place of business or from delivery at the expense and risk of the client. The agreed performance period is extended appropriately in the event of measures in the context of labor disputes, in particular strikes and lockouts, as well as in the event of unforeseen obstacles that are beyond our control, in particular in the event of force majeure, insofar as such obstacles can be proven to have an impact on the completion or delivery of our service. This also applies if these conditions occur with sub-suppliers. If a client who is a merchant suffers damage due to a delay that was caused by our fault, he is entitled to demand compensation for the delay, excluding any further claims. It amounts to half a percent for each full week of delay, but a maximum of 5% of the value of the total delivery. If shipping is delayed at the request of the client, the risk passes to the client from the day the goods are ready for dispatch. Starting one month after notification of readiness for dispatch, we will charge the client the costs incurred for storage, but for storage in our company at least half a percent of the invoice amount for each month. However, we are entitled, after setting and expiry of a deadline of 8 days, to dispose of the delivery item elsewhere and to deliver to the client within a reasonable period of time, which is based on the usual delivery time.
4. Retention of title
The goods sold and delivered only become the property of the client once all claims arising from our business relationship with the client have been fulfilled. If the security granted to us exceeds the value of our claims by more than 20%, we are prepared to partially release security interests upon request, provided that partial release is possible depending on the type of security. The client assigns to us his claims from the resale or rental of the goods, which he is always revocably entitled to do in the normal course of business, to secure all of our claims from the business relationship. The client always remains 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 notify them of the assignment. We must be informed immediately in the event of compulsory enforcement measures by third parties against our reserved goods. In the event of late payment or other breach of contract by the client that jeopardizes the payment of our claim, we can demand the return of our reserved vehicles or remove them from the client's business premises, to which we are permitted access at any time, and take them into our own possession. The exercise of the right of publication is only for security purposes and, unless otherwise required or legal regulations, does not constitute withdrawal from the publisher. In the event of a defective delivery, we are entitled to repair the same defect twice within a reasonable period of time. All spare parts must be repaired or new delivered free of charge at our discretion, provided we are subject to a statutory warranty obligation. In commercial transactions, the discovery of such defects must be reported to us immediately in writing. We can determine the location of the repair based on practicality. If the client insists on a different location for repair despite our determination, he must bear the costs that arise due to the difference in location. We are not liable for technical changes made by the manufacturer to the ordered devices that permanently worsen their technical function.
6. Liability
Furthermore, we are not liable for any damages unless they were caused intentionally or through gross negligence by us or our vicarious agents.
7. Reservation of performance
If a significant deterioration in the client's financial circumstances subsequently becomes known before the order is finally processed, we can unilaterally change the payment terms and in particular make all claims due immediately. Demand security or withdraw from all contracts. The client must bear any damage that arises as a result of this.
8. Special regulations for rental agreements
The rental period begins on the day the rental item is agreed to be made available. It ends when all items rented under a uniform contract arrive back at our business premises or warehouse. If a rental item is returned damaged, the repair time and downtime for which we are not responsible is to be viewed as rental time. Partial days count as full days. The items will be shipped at the renter’s expense. The renter bears the risk of loss or deterioration due to chance or force majeure from the beginning of the removal until the end of the return transport. The proper delivery of the rental item is deemed to be acknowledged by the tenant unless he objects immediately upon receipt.
The tenant is obliged to ensure proper handling, maintenance and care of the rental property. If the rental property needs to be repaired, you must contact us beforehand. We are entitled to inspect the rental items ourselves or to have them inspected at any time. For this purpose, we must be informed of the location of the rental property. We have the right to check the condition of the rented items in the presence of a representative of the renter before returning them. We must be notified immediately of any seizures or other impairments caused by third-party measures.
If a rental item has been handed over by us in a contractual condition, it is the tenant's responsibility to hold us accountable for any defects or defects. Proof of consequential damage caused by defects. Otherwise, the regulation in section 6 of the General Terms and Conditions applies. The tenant undertakes to insure the rental items against the usual risks through business and low-voltage insurance.
9. Special regulations for service and repairs
If our technical customer service is requested for a service, we provide our services on a time and material basis, as long as our field service knows the technical specifications of the service item and we can obtain the corresponding maintenance parts, tools and test equipment in the usual way . If we discover a security risk that was not caused by us, we may interrupt the services until the risk has been eliminated.
The execution of work that has not been agreed upon requires the prior consent of the client, unless the client cannot be reached at short notice, the work is necessary and no more than 15% for orders over DM 500 and for orders over DM 500. by no more than 10%. At the client's request, we will prepare a written cost estimate. The work and spare parts must be listed in detail and provided with the respective price. We are bound to this cost estimate until one week after it is submitted. Working time and waiting time for which the client is responsible or agreed with him, including the time for the procurement of maintenance parts, tools and testing equipment, will be charged at our current rates; as well as travel time and vehicle parking costs. If the customer service is to be carried out at a location that is more than 150 km away from our premises, a minimum hourly rate of 8 hours will be applied, unless our customer service can be used elsewhere. We reserve ownership of all installed accessories and spare parts until full payment has been made; Section 4 of the General Terms and Conditions also applies in this respect.
10. Place of performance and jurisdiction
The place of fulfillment for deliveries and payments is Göppingen. The place of jurisdiction for all disputes arising from the contractual relationship is the Göppingen district court or the Ulm regional court if the business partner is a registered merchant. The law of the Federal Republic of Germany applies exclusively to these terms and conditions and to all legal relationships between VICOM and the business partners. Should a provision of these terms and conditions be or become ineffective, this will not affect the effectiveness of all other provisions. Invalid provisions must be replaced by effective provisions that come as close as possible to the intended purpose.
Göppingen, December 2012