AGB - GIS Umwelttechnik EN

(applicable to companies and merchants)

GIS Umwelttechnik GmbH., Liszt Strasse 6,
D-78224 Singen (seller)

Offer and contract conclusion

The offer is subject to change. If the buyer's offer by the seller, so the assumption is valid for all parts of the offer, including these General Terms and Conditions. This applies even if the acceptance contains different terms of the buyer, even if their acceptance by the seller does not explicitly rejected. Verbal agreements are only effective if they were confirmed by the seller in writing.

Quality of the goods

All samples, specimens and data analysis provide evidence for the average non-binding nature of the goods. For a fixed guarantee of specific properties of deviations in the commercial limits are permissible. The seller owes products only average quality. To describe the condition of the goods a written agreement in the purchase contract or delivery is crucial. Quality characteristics of samples or samples, analyzing data or specifications are only texture information of the goods, unless they are agreed in writing. The seller makes no warranty of quality or durability.

Advertising, promotion or public statements do not constitute any guarantee of the goods dar. pattern by the user's own risk within its production tested for suitability and deployed only after notification of approval to the seller. Changes in the production process and its environment take place at the exclusive responsibility of the user and its professionals.

FAD

For the determination of the quantity delivered at the shipping point is determined weight or volume alone prevail. The seller owes only from their own production. After his election, he can also deliver goods which he has purchased.

Delivery time

Delivery times are only as approximate dates.

Prices (freight - Customs duties - Charges)

The reasons given by the seller prices are exclusive of VAT which is charged separately with the applicable tax rate. If the goods sold with fuel taxes, duties or other levies are charged, or if already existing, increases in the purchase price included fuel taxes, duties, freight or other charges, so the seller is entitled to increase the entry into force in accordance with the purchase price.

Transfer of risk

The transfer of risk of all deliveries taking place during transfer to the purchaser by the vendor contracted by the carrier.

Delivery and Acceptance

If the buyer takes the goods from as mutually agreed upon, the seller is entitled to the overdue deliveries in whole or in part without notice or statement of an extension on his account and risk execute or store the goods at his expense and as delivered to invoice or the contract in whole or to withdraw partially or damages for breach of contract. All expenses incurred by the buyer desired division of the quantity purchased, purchase or delayed by late delivery of cargo space, shall be borne by the purchaser.

War, breakdowns, strikes, lockouts, energy and raw material shortages, traffic congestion, acts of government as well as all acts of violence free for the duration of the disturbance and the extent of its impact from its obligation to supply. Such events entitle the seller of the contract in whole or in part, without the purchaser has a right to compensation.

Complaints

Complaints must be made immediately in writing. You are not allowed if the seller for a review of the disputed goods is no longer possible. When defects from the buyer the seller is a pattern to send the defective goods. The sampling has to question the product eligible for the DIN standard to be made. The seller must be given within 14 days after delivery of an opportunity to convince them of the proper implementation of sampling.

For the protection of any rights of recourse against the Carrier, the buyer has to make. The buyer may at incorrect or partial delivery or existence of a defect - the exclusion of further warranty claims - at the discretion of the seller only demand rectification, cancellation or reduction. Further claims of whatever kind, in particular for damages that do not concern the goods themselves, are excluded. Commercially acceptable or technically unavoidable variations in texture and appearance of the goods shall not entitle to claim.

The seller is liable only for damages - without prejudice to other claims by the purchaser under the same circumstances - if you, their organs, or vicarious agents of intent or gross negligence is proven. Their organs, and vicarious agents are liable for damages only itself - without prejudice to other claims by the purchaser under the same circumstances - in cases of intent or gross negligence.

By the seller if he is liable to be paid compensation is limited to typical, foreseeable loss of contract, the equivalent of triple the value of the delivery. Claims by the purchaser, in particular for compensation for damages from a guarantee and 1 year after delivery or transfer of goods to the buyer by the haulier.

Transport Packaging

The danger for all of the seller to the buyer on loan or hire, or leased for transportation of the goods used by the packaging, the buyer bears re-dispatch to arrival at the receiving point specified by the seller. The buyer is not entitled to exercise to transport packages of the seller for alleged counter-claims a lien.

Transport packages that are sold together with the goods are not taken back by the seller.

The seller of the provided Loaned remain in his possession. They may only be used for storage of goods delivered to the seller. The Loaned are unharmed immediately after being emptied of freight and charges be returned to the factory sound city. The working environment and / or damage to the buyer bears the thus required cleaning and / or repair costs. The seller is entitled to refuse the return of damaged Loaned to require replacement of equal or arrange for the repair costs to the buyer. The Loaned within 3 months after receipt by the buyer to the seller is not returned, the buyer is obligated to the seller from the 3rd Months to be decided by the seller reasonable fee, which varies according to container size of container and directed to pay. Fractions of a month is counted as a full month. Alternatively, the seller may demand compensation.

Retention of title

The seller of the goods until full payment of all claims against the purchaser for any legal reason his property. This also applies if the purchase price designated by the purchaser for certain supplies is paid. For current accounts, the retained property serves to secure the balance due to the seller.

The Be-/Verarbeitung of the goods carried within the meaning of the seller as a manufacturer § 950 BGB, the seller would be no obligation on it. If the goods supplied by the seller sold with other items mixed, blended or connected, then the buyer already transfers his ownership or joint ownership of the new item or mixed or stock to the seller.

The purchaser agrees to store the reserved goods to the seller with all due care free and they must be labeled. The buyer is entitled to resell the reserved goods and the products resulting from their processing in proper course of business under reservation as long as he is not in default. From the sale or any other legal reason, developing demands - including a possible current account balance demand - he shall now already with all ancillary rights to the seller as security for the debt. If the reserved goods are sold as part of further work deliveries, the advance assignment applies only to the amount of twice the value of the processed reserved goods. Here, the prices of the last invoice must be disclosed to the seller basically ignoring discounts, cash discounts, freight and packaging costs and other expenses. The same is true for the prior assignment of claims of the purchaser to a third party, if this alone in case of processing acquires title to the new object. The buyer is irrevocably authorized to collect the assigned claims in his own name. When he meets his payment obligations from the business relationship to the vendor according to contract enforcement or become insolvent, this authorization may be revoked. In this case, the seller may demand that the buyer gives individual assignment statements, the garnishee is pleased to announce that all of the assignment and to collect necessary information, this requirement provides. In addition, the seller is also entitled to self-assignment to the third party debtor.

The buyer is not entitled to pledge the reserved goods or to assign them for safety's sake. When a seizure, confiscation or other impairment of the goods, he must notify the seller immediately. If the purchaser is in default of payment of the purchase price, eliminated his right to possession of those reserved manner, the delivery of the purchase price claim is based or to which the infringement relates. He has temporarily surrendered on demand until full payment of the appropriate purchase price, but not necessary that the seller can withdraw from the contract.

If the Buyer breaches the obligations agreed above, the seller is entitled to a reasonable extension and withdraw after expiry of the contract. If the realizable value of the securities due to the seller to locking the total demand from the business not only temporarily by more than 20%, the seller is obliged to retransfer.

Payment / delay / offset

Payments must be made without deduction and payable immediately, unless otherwise agreed. At transfer, the date of credit, check and bill payment at the date of redemption shall be deemed receipt. The date of despatch of goods from point of delivery is the same as the invoice date and is the basis for the calculation of the payment period. Granted by the seller or practiced payment terms may be revoked at any time with reasonable notice of him. In default of payment the seller is entitled to charge interest at 8% above the base lending rate (§ 288 BGB 2 Ab) plus attributable to VAT.

Offsetting with contested or not legally established counterclaims against the payment of claims by the seller is excluded. In default of payment, the seller may suspend further deliveries and cancel by asserting any claims for damages of any contract, without the need for special notice. If the buyer does not pay and / or other circumstances become known to the creditworthiness of the buyer, all claims will be paid immediately.

Bills and checks are only effective upon agreement and then only by way of payment.

Jurisdiction

Jurisdiction for all disputes for both parties Constance, unless otherwise agreed. All contracts are subject to the laws of the Federal Republic of Germany.

Other

Changes or additions to these general sales and delivery conditions are valid only in written form.