Recognition of delivery conditions
Contracts for suppliers and works are concluded exclusively on the basis of the following conditions. They are accepted by order or acceptance of delivery. Deviating conditions of the customer, which we do not expressly recognize in writing, are non-binding for us in any case, even if we do not expressly object. All verbal or telephone deviations require our written confirmation in order to be binding.
The execution of the work to be carried out according to the specification. Both contracting parties must adhere to it. Amendments must be made in writing.
The client undertakes to familiarize the contractor with the accident prevention measures and possible sources of danger before starting work.
Offer and order
Our offers are non-binding in terms of price, delivery and delivery times.
The client undertakes to provide the contractor with all equipment and aids necessary for the duration of the contract free of charge.
Patent and copyright
We reserve the proprietary rights and copyrights to schematics, drawings, drafts, descriptions, all software and similar documents. Without our written consent they may not be made accessible to third parties. Copying is also prohibited without our express consent. At our request, they are to be returned to us immediately. We can not be held liable for any infringement of any patent or other intellectual property rights.
The hours worked on the system must be certified by the contractor on a weekly basis.
Prices and payment
Our prices are net from the registered office of our company. Invoicing is usually carried out with delivery of the goods, for larger software projects weekly, depending on the written agreement.
Payment due dates: Immediately payable in cash after delivery, net without deduction. Large companies are supplied on account. The set-off or withholding of payments due to any counterclaims is not permitted. If the agreed payment period is exceeded, we charge default interest of 1.25% per month. If, due to circumstances beyond our control, finished equipment or systems can not be delivered, assembled or put into service, payment must be made as if delivery, assembly or commissioning had been made at the scheduled time. Invoices for spare parts Repairs and assembly are to be paid in cash after delivery. The withholding of the payment due to complaint or counterclaims of the customer and the offsetting are excluded in any case.
Retention of title
The goods remain until full payment or until the fulfillment of all our claims
the customer our property. When processing the delivered goods we become owners, also the new ones
Warranty and liability
Complaints of any kind must be made in writing without delay, but at the latest within ten days after receipt of the goods. Our warranty is limited to the choice of us for the replacement of the defective item or the compensation of the invoice value of the item not to be replaced. Claims for damages of any kind, such as costs of assembly or disassembly or for damages that are directly or indirectly attributable to the items delivered by us, are excluded.
Additional agreements, partial effectiveness
Verbal agreements are not valid. This also applies to the waiver of written form. Should the above terms and conditions be partially ineffective, both the contract and the terms and conditions remain in effect.
Jurisdiction and place of fulfillment
The place of fulfillment for all obligations arising from the contractual relationship is the registered office of our company. The place of jurisdiction for all legal disputes arising from the contractual relationship as well as its occurrence and effectiveness is also the registered office of our company. The entire contractual relationship is subject to the law of the Federal Republic of Germany.
KEB Industrietechnik GmbH