GENERAL DELIVERY AND PAYMENT TERMS AND CONDITIONS
I. Delivery period
- The period for delivery begins with the dispatch of the confirmation of order, but not before the provision of any documents, approvals and clearances to be furnished if necessary by the customer and before the receipt of any agreed down payment.
- The delivery deadline is complied with, if by the expiry of the period for delivery readiness for dispatch has been notified or the item for delivery has left the factory.
- The period for delivery is extended in the case of action in the context of industrial disputes, in particular strikes and lock-outs as well as the occurrence of unforeseeable obstacles, which are beyond our control, e.g. breakdowns, delays in the delivery of essential materials, in so far as such obstacles demonstrably have a considerable influence on the delivery of the item. This also applies if the circumstances arise with sub-contractors. The period for delivery is extended according to the duration of such action and obstacles.
We are also not to answer for the above mentioned circumstances, if they arise during an already existing delay. In serious cases we must notify the buyer of the beginning and end of such obstacles as soon as possible.
- Partial shipments are permitted within the delivery period stated by us as long as this does not result in any disadvantages for use.
II. Delivery scope
- The scope of delivery will be determined by written confirmation of order or separate contract documents and their appendices.
- Changes in construction, software or form, which are attributable to technology or to requirements of the legislature, are subject to reservation during the delivery period, in so far as the item for delivery is not considerably changed and the changes are reasonable for the buyer.
III. Cancellation costs
If the buyer unjustifiably withdraws from an order that has been issued, they are obliged to pay the contractually agreed remuneration minus the expenses saved by it-RSC. In addition it-RSC can claim 10% of the sales price for the loss of profit irrespective of the possibility of claiming higher actual damages. The buyer reserves the right to prove less damage.
IV. Packaging and dispatch
Packaging materials become the property of the buyer and will be charged by us. Postage and packaging expenses are charged for separately. The choice of type of dispatch will take place at our discretion.
V. Acceptance and handover of risk
- The buyer is obliged to accept the item for delivery. In the absence of an agreement (delivery by us) to the contrary handover takes place at it-RSC’s head office. The buyer is entitled to check the item for delivery within fourteen days after receiving notification of readiness for dispatch or any other notification about completion at the handover site. The buyer is obliged to accept the item for delivery unless they are temporarily prevented from accepting it through no fault of their own.
- If the buyer does not accept the item for purchase or lease for longer than fourteen days after receipt of notification of readiness for dispatch due to intent or gross negligence, we are entitled after a further deadline of another fourteen days to withdraw from the contract or demand compensation due to non-fulfilment. The setting of an extended deadline is not required if the buyer seriously or irrevocably rejects acceptance or is obviously not in a position to pay the purchase price within this time.
- The risk transfers to the buyer upon acceptance of the item for delivery. If the buyer declares that they will not accept the item for delivery, the risk of a chance loss or a chance deterioration of the item for delivery passes over to the buyer at the time of the refusal.
VI. Price changes
Price changes are permissible, if there are more than four months between the conclusion of the contract and the agreed delivery deadline. If wages, costs of materials or market cost prices rise thereafter until the manufacture of the supply, we are entitled to increase the price reasonably according to the cost increases. The buyer is entitled to withdraw only if the price increase exceeds the rise in the general cost of living between ordering and delivery, not just immaterially.
If the buyer is a merchant, a legal person under public law or a public law special fund, price changes in accordance with the above-mentioned rule are permissible, if there are more than six weeks between the conclusion of the contract and the agreed delivery deadline.
VII. Reservation of property rights
- We reserve the ownership of the item for delivery until payment therefore has been effective.
- In the case of conduct by the buyer in breach of contract, in particular in the case of delay in payment, we are entitled to take back the goods after notice is given and the buyer is obliged to hand them over.
- The assertion of the reservation as to ownership, as well as the distraint on the item for delivery by us do not count as withdrawal from the contract, if the statutory provisions require something else or this is expressly declared by us.
- The processing or transformation of the goods by the buyer will always be carried out for us. If the items delivered are processed with other items not belonging to us, we acquire the co-ownership of the new item in proportion to the value of the items delivered compared with the other items processed at the time of processing.
- If the items delivered are inseparably mixed with other items not belonging to us, we acquire the co-ownership of the new item in proportion to the value of the items delivered compared with the other items mixed. The buyer keeps the co-ownership for us.
VIII. Payment conditions
- The purchase price and remuneration for subsidiary services are to be paid when the item for delivery is handed over, unless agreed otherwise separately. All payments must be made without any bank charges or any other discounts to the account specified on the invoice by it-RSC.
- Cheques and bills of exchange are valid as payment only after clearance. The acceptance of bills of exchange always requires a prior written agreement with us. In the case of acceptance of bills of exchange the bank discount and collection expenses are calculated. They are to be paid immediately in cash.
- We calculate interest for late payment at 8% per annum. It is to be made higher or lower, if we demonstrate a burden with a higher rate of interest or if the buyer demonstrates a lower burden.
- If the buyer is a merchant, a legal person under public law or a public law special fund, the holding back of payments because of any counter-claim by the buyer not recognised by us is not admissible, just as setting off against such claims is not.
IX. Place of implementation and jurisdiction
- The place of implementation is Jade.
- In all disputes arising from this contractual relationship, if the buyer is a merchant, a legal person under public law or a public law special fund, a complaint has to be submitted at the Court that is responsible for our head office. We are also entitled to lodge a complaint at the customer’s head office.
- German law applies exclusively to the exclusion of the law on the international purchase of movable objects even if the customer has their firm’s head office abroad.
X. Other matters
- Transfers of the customer’s rights and obligations arising from the contract concluded with us require our written approval to be effective.
- If a provision is or becomes null and void, the validity of the other provisions is not affected by this.