Contracts for deliveries shall be concluded solely on the basis of the following conditions: General Conditions of Sale, Delivery and Payment.
We shall not accept conditions of the Purchaser which are contrary to or deviate from our terms, unless we have expressly consented to their validity in writing. Our terms and conditions shall also apply if we carry out the delivery or the performance to the purchaser unconditionally in the knowledge of conflicting or deviating conditions of the customer. Supplementary agreements and deviating agreements require our written confirmation to be legally valid. Our terms of sale also apply to all future transactions with the purchaser.
Our offers are subject to approval unless the order confirmation provides otherwise. Our offers and order confirmations are always subject to a positive creditworthiness test by the customer and subject to timely and proper self-delivery. Unless otherwise agreed, the price valid on the date of delivery shall apply.
We retain all proprietary rights, copyrights, drawings, designs, descriptions, the entire 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 immediately to us. We shall only be liable for damages resulting from the infringement of any patent or other proprietary rights if we were aware or should have known that they exist and cause them to be exposed to third-party claims. The amount of our liability is limited to the invoice value of the goods.
The scope and timing of the delivery are subject exclusively to our written information in the order confirmation or in the offer. Supplementary agreements and changes require our written confirmation. The delivery times stated by us are only approximate. The start of the delivery time stated by us is preceded by the clarification of all technical questions. A delivery time specified by us begins with the date of issue of the corresponding confirmation, but not before the delivery of the documents, permits, releases released by the purchaser, as well as before receipt of any agreed down payment. The delivery time is complied with when the goods have left the factory / warehouse or the goods are ready for dispatch until the end of the delivery period. The delivery period is extended adequately for measures in the context of labor struggles, in particular strikes and lockouts, as well as in case of unforeseen obstacles which are outside our sphere, as far as such obstacles can be shown to have a considerable effect on the production or delivery of the delivery item. This also applies if such circumstances occur with subcontractors. The aforesaid circumstances are not responsible for us even if they arise during an already existing delay. Beginning and ending of such obstacles, we shall immediately notify the customer in important cases.
Shipping is normally made ex-warehouse in Stuttgart. Unless otherwise agreed in writing, the deliveries of goods shall be effected free of charge by parcel service or forwarding agency. Consumables and small parts can have a net weight of € 200.00 up to a weight of max. 40kg within Germany are delivered free of charge. The goods delivery must be checked immediately for completeness and consistency with the delivery note / invoice. Complaints which are received later than 3 working days after the delivery can no longer be considered. Transport damage shall be reported in writing to Gittel GmbH within 5 working days after receipt of the goods.
The goods are packed by the manufacturer. The cost of packaging and disposal of the packaging shall be borne by the customer.
Our prices are net, "ex works", plus VAT, transport, packaging and insurance. Invoicing is generally carried out with delivery of the goods.
The payments are due as follows: within 10 days without any deduction, unless explicitly different terms of payment have been agreed.
Early payment does not entitle to deduct discounts.
Orders for which fixed prices are not explicitly agreed are calculated at the list prices valid on the day of delivery. If the purchaser is in default of payment, we are entitled - without prejudice to further rights - to charge default interest in the amount of 3% above the respective discount rate of the Deutsche Bundesbank p.a. to promote. We and the Purchaser are entitled to prove that a higher or lower loss has occurred.
The retention of payments or the set-off for possible counterclaims of the customer is only valid if the counterclaims are legally binding or are not disputed.
We reserve the right to ownership of the delivery item until full payment of all claims arising from the business relationship between us and the purchaser.
The purchaser is obliged to handle the delivery items with care; In particular, the obligation exists to adequately insure these against the risk of fire, water and theft.
The purchaser is entitled to resell the delivery items in the ordinary course of business; However, a pledging or security assignment is not permitted. Claims from the resale of the goods are already assigned to us at the amount of the final invoice amount. The purchaser is further authorized to collect the receivables without affecting our right to collect the receivables ourselves. However, we shall not collect the assigned claims as long as the purchaser fulfills his payment obligations from the collected proceeds, is not in default with payment and no application for the opening of a court insolvency proceedings is filed or payment is settled with the purchaser. We hereby accept the assignment. The purchaser is obliged to provide us with all information and information necessary to collect the assigned claims. Any working, processing or transformation of the reserved goods is carried out for us.
In the case of processing, linking, mixing or blending of the reserved goods with other goods not belonging to us, the resulting co-ownership share in the new item shall be allocated to us in the proportion of the invoice value of the reserved goods to the other processed product at the time of processing, connection, mixing or blending . If the purchaser acquires the sole proprietorship of the new item, then it is agreed that the purchaser transfers to us proportionate co-ownership. This is kept free of charge for us. The aforementioned advance payment shall only apply in the aforementioned cases to the amount of the invoice value of the reserved goods, which is sold together with other goods. In the event of attachment or other access by third parties to the reserved goods or the claims assigned in advance, the purchaser shall notify us immediately of the information necessary for an intervention. Any costs resulting from this, which can not be contributed by the third parties, shall be borne by the Purchaser.
We undertake to release the securities to which we are entitled under the above provisions, at the option of the Purchaser, to the extent that the value of such collateral exceeds the claims to be secured by more than 20%.
The customer has to examine the goods immediately and to make visible defects in writing. The warranty period is 24 months for all new products distributed by us, 24 months for used devices or demonstration devices, the warranty period is 6 months from the date of the risk transfer. This period is a limitation period and also applies to claims for compensation for defect consequences, insofar as no claims can be asserted from unauthorized action. There is no warranty claim on wear parts and consumables. A warranty claim exists in principle only if a manufacturing defect is present.
In case of defective delivery, the contractor is entitled to rectify the defect by free repair, free replacement of the defective parts or replacement delivery. The client must tolerate two attempts to remedy the same defect. In the event of a defect, replacement or replacement delivery failing conclusively, the customer may demand a pro rata reduction of the remuneration or cancellation of the purchase contract.
Gittel GmbH shall only be liable for damages against the customer. Third party services are provided only upon written agreement with the client.
If the errors are attributable to circumstances which are not the responsibility of Gittel GmbH, but which originate from the sphere and the risk area of the customer or end customer, a warranty obligation is no longer required. This applies, for example, to faults as a result of the use of unsuitable operating materials or in the event of non-observance of the installation requirements. Furthermore, a warranty does not apply if the customer has made changes or interventions to the object of purchase, unless the customer knows in connection with the error message to the Gittel GmbH that the intervention for the error was not cause. The warranty is also void in the event of missing or inadequate maintenance.
The Contractor shall immediately notify Gittel GmbH in a comprehensible manner of any errors that occur in the course of the contractual use, including the information necessary for the correction of the fault. At the request of Gittel GmbH, the error message shall be made in writing in the interests of the parties.
In the case of the sold items, the defect removal takes place at the registered office of Gittel GmbH, unless otherwise agreed upon by contract. The customer has to deliver the goods properly, including sold accessories (for example keyboard, connecting cable, etc.). The return of defective devices is exclusively at the cost and risk of the customer. Returns for which no errors are detected (for example, operating errors) are subject to a charge and will be invoiced to the customer at the expense of the respective hourly rates, plus shipping charges and VAT.
A claim for error correction is excluded if the error is not reproducible or can not be shown by means of machine-generated output.
Software installations carried out at the client's request, e.g. Operating systems or operating system preloads are free of charge and are not part of the contract. Warranty claims of the client in connection with executed software installations are excluded.
In the case of repairs, data carriers are usually formatted. Gittel GmbH therefore does not accept any liability for data backup and data loss resulting from a repair.
Unless otherwise stipulated below, any further claims of the customer - irrespective of the legal grounds - are excluded. Gittel GmbH is therefore not liable for damages that are not caused by the delivery item itself; In particular, Gittel GmbH shall not be liable for loss of profit or other property damage to the client. Insofar as the liability of Gittel GmbH is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents.
This limitation of liability does not apply insofar as the cause of the damage is based on intent or gross negligence. It shall also not apply if the client claims from §§1.4 Product Liability Act.
Returns have been sent to Gittel GmbH, Voltastr. 2-6, 70376 Stuttgart free of charge.
Unless otherwise agreed, returns can only be processed by us if the exact reason for return and in the case of toner or ink complaints is accompanied by a sample printout and the customer number or exact address, including telephone and fax number .
The customer then receives an acknowledgment of receipt by e-mail. The sending of the acknowledgment of receipt does not in any case signify acceptance of the defect or other objection of the customer. In any case, the return, even of the accidental loss, is at the customer's risk.
Products supplied by us are intended to be used and used in the delivery country agreed with the customer. The re-export of contractual products is subject to approval by the customer and is subject to the foreign trade regulations of the Federal Republic of Germany, in the case of products imported from the USA, to the export control regulations of the United States of America. The customer must independently inquire about these regulations in accordance with the German regulations at the Federal Export Office, 65760 Eschborn / Taunus in accordance with US regulations at the US Department of Commerce, Office of Export Administration, Washington, DC 20320. Regardless of whether the customer specifies the final destination of the delivered contract products, the customer is responsible, at his own responsibility, for obtaining the necessary permits from the respective responsible foreign trade authorities before exporting such products.
Any further delivery of contractual products by the customer to third parties, with or without knowledge of us, shall at the same time require the transfer of the export permit conditions. The customer is liable for the proper observance of these conditions.
Subsidiary agreements require written form. This also applies to the waiver of the requirement for written form. Should any of the above provisions be invalid, this shall not affect the validity of the remaining provisions and the remaining provisions.
The place of fulfillment for all obligations arising from the contractual relationship is Stuttgart.
The contractual relationship is subject to the law of the Federal Republic of Germany, the court of jurisdiction is Stuttgart.