TERMS & CONDITIONS
Übersicht
Uwe Seyfert
Rahestraße 23
49525 Lengerich
Germany
1. Availability of the general terms and conditions
2. Prices
3. Terms of payment
4. Delivery time and terms of delivery
5. Right of withdrawal / rejection
6. Responsibility
7. Hedging and reservation of proprietary rights
8. Liability for defects
9. Loss in transit
10. Place of fulfilment, legal venue, implemented right
11. Final provisions
VAT No. DE253418597
1. Availability of the general terms and condition
All supplies and services of INNOTON Uwe Seyfert (hereinafter called "Seller") must be effected on basis of these general terms and conditions. If any clause is contrary to the terms and conditions of the customer, only the terms and conditions of sale are agreed, even if we accept the delivery without reservation or deviation of the terms and conditions of the customer.
2. Prices
Each listed or quoted prices are subject to change. Errors and changes reserved. Orders are accepted as receipt only after sending the confirmation or invoice.
3. Terms of payment
3.1 Invoices are, unless otherwise specified, including all charges payable immediately after receipt without any deduction. Payments can be made directly with liberating effect only on ourselves or on a specified bank account.
3.2 If payments are deferred or made later than agreed, the seller is entitled to charge interest at the rate of 7% over the current discount rate of Deutsche Bundesbank. If the seller can prove higher damages, the seller has the right to assert this.
3.3 The seller's legal right to withdraw or to claim damages for non-performance is not affected.
3.4 The deduction of discount requires a separate written agreement. Discounts are not allowed to a buyer with the payment of previous deliveries in arrear. The set-off by the buyer with any counter-claims disputed by us is not allowed. The set-off of any counter-claims of the customer is excluded if those are not legally established or undisputed.
3.5 The adoption of exchange and checks are only for payment. The costs of discounting and all other related costs, at least 25 €, are beared by the customer.
3.6 Payment receipts are offset according to § 366 para 2, 367 para 1 BGB (German Civic Code). The seller is entitled notwithstanding to settle the incoming payments. A conflicting assignment of the customer is ineffective.
3.7 In case of partial payment the entire outstanding balance is payable in one lump sum if the customer is in arrears with two installments in whole or in part for longer than 14 days.
4. Delivery time and terms of delivery
4.1 Unless otherwise agreed, delivery times are non-binding.
4.2 Unforeseen events that are beyond the influence of the seller extend the delivery period. This also applies to strikes and lockouts.
4.3 The seller is entitled to partial deliveries and partial services that can be charged separately.
4.4 Means of delivery are, unless otherwise agreed, at our discretion. If the shipment is delayed by the request or fault of the buyer, the goods will be stored at the risk and expense of the buyer. In this case the announcement of readiness to dispatch is the same. Moreover, the risk passes to the buyer by the delivery of goods to a freight forwarder or carrier, but no later than upon leaving the warehouse to the buyer. This is true even if the seller has accepted delivery and installation.
4.5 The seller assured the delivered goods at the expense of the customer.
6.4 Discounted merchandise, promotions and customised equipment or its equivalent and unsealed software generally is un-returnable.
4.7 A conversion to the ordered or sold, delivered or picked up goods is only possible within 14 calendar days from delivery date. If the contract is canceled by the customer within that period, the seller reserves the right, to charge a processing fee of 10% of the selling price. With impairment of trade goods, which is caused by the buyer (see also paragraph 4.8), the seller reserves a higher discount of the invoice amount and the calculation of the advantage the customers derived. Partial payment of the customer may be deducted accordingly. Deficits and interest herefrom will be claimed at the normal commercial banking interests, at least 10%.
4.8 The withdrawal of the product can only be done in the original packaging and with the delivery invoice. The customer bears the risk of returning to the address of the seller.
5. Right of withdrawal / rejection
5.1 If the seller becomes aware after conclusion of contract that the customer is unworthy of credit, he may withdraw from the contract and require a processing fee of 20% of the price or the refund of the expenses. Otherwise he may require adequate and acceptable securities.
5.2 If the customer is in default or there are concrete indications of an impending insolvency of the client, the seller may discontinue the performance of the contracts as long as the client has paid all debt claims, including the undue and deferred claims and those the seller received a bill of exchange or other securities. The claims also include all bills and bills of exchange commitments including related costs.
5.3 If the customer does not meet the demand of the seller for payment or security deposit within a reasonable time, the seller is entitled to rescind the contract and charge the costs, including lost profits, at least 10% of the order.
6. Responsibility
Claims for damages of any kind, irrespective of legal basis, are excluded, unless that intent or gross negligence can be justified to the seller. In particular the seller is not liable for lost profits or other financial damages to the purchaser.
7. Hedging and reservation of proprietary rights
7.1 The delivery of the goods take place under retention of title until payment of all debts pursuant to § 455 BGB (Germain Civil Code). This also applies to future claims and to bills of exchange and checks up to their redemption. This is true even if individual claims are included in current accounts or if the balance is accepted.
7.2 The customer is not entitled to dispose of the subject goods, especially sales, pledges or chattel mortgages.
7.3 In a breach of 7.2 all demands of the customer to third parties already go on the seller.
7.4 The assertion of the extended retention of title does not constitute withdrawal from the contract. In default of payment the seller is entitled to dispose of the goods elsewhere. After payment of the outstanding receivables, the seller is entitled to provide the goods to the customer with an appropriate new delivery time.
7.5 As long as the seller retains ownership, the customer is not entitled, without a written consent of the seller to remove the subjected goods from the place where he and the seller have access to the relevant objects.
7.6 From any third party intervention in the ownership of the seller, the customer has to this notice immediately by a registered letter stating the address of the third party accordingly. All interventions, etc. incurred by judicial and extrajudicial costs shall be borne by the customer. If the conditional goods come into the possession of a third party, the seller is entitled to his own, without involvement of the customer, to demand the surrender.
7.7 As long as the seller has title to the delivered goods, he is entitled to satisfy himself or through an agent at any time of its existence and condition. To this end, the customer has to grant free access to the repository.
7.8 The customer pays for the related obligations, risks, liability, taxation, levies and other loads effected by the ownership, possession and acquisition. He is liable for intentionally or negligently caused damage as well as for culpable or accidental destruction or damage to the delivered goods. Any damage or loss of the subject property must be reported immediately to the seller.
8. Liability for defects
8.1 Guarantee rights of the purchaser assume (voraussetzen) that he duly (ordnungsgemäß) attend his duty of the necessary investigation and reclamation obligations, according to §§ 377, 378 HGB (German Commercial Code). The buyer must examine the received goods immediately upon arrival for defects, condition and assured properties. Obvious deficiencies he has to complain within a week by written notice to the seller. If there are defects in the delivered goods, the seller is entitled to rectify the goods three times or to arrange the replacement of defective parts within a reasonable period before the buyer can demand change. To remedy the defect, the purchaser has to grant us the necessary reasonable time and opportunity. He has to allocate the respective goods or a sample of it, otherwise the warranty expires.
8.2 In case of failure of the third repair or replacement, the customer can demand a reasonable reduction of the purchase price or cancel the contract.
8.3 The warranty period is 6 months from the transfer of risk. This period is a statute of limitations. Within the 6 month warranty period the Vendor achieves for all devices and accessories that are faulty due to defective materials or workmanship, at his option, free replacement or restoration of functioning caused by the suppliers (manufacturers or distributors) or authorized service workshops.
If the producer or German importer grant an express warranty that prolonged our given implied warranty, the seller may claim against the express warranty.
8.4 The warranty is void if repairs are made by the customer or a third person without the expressly written consent of the seller. The warranty is void even if the serial number is removed, altered or is illegible.
9. Loss in transit
Delivered goods are protected from damage as much as possible. According to point 4.4 of our Terms and Conditions, the seller assumes the risk of damage or loss of the goods after dispatch.
Should a damage occur anyway, please pay attention to the following advices to satisfy your claims:
9.1 If damages are visible the deliverer of the shipment (courier, parcel service, etc.) has immediately to issue a statement of facts or another appropriate certification. The carriers are required to do so.
9.2 If the damage is not visible outwardly, but when unpacking the shipment, the goods have to remain in the original packaging until an agent of the deliverer has assure himself of the condition of the goods. Failure to do so may lead to an exclusion of liability of the carrier.
10. Place of fulfilment and venue
Place of fulfilment and exclusive venue for performed services and payment, as well as business disputes resulting from it, is Tecklenberg, as far as the seller is a registered trader or a corporate body under public law.The relationship between the parties are directed exclusively by the law in the Federal Republic of Germany excluding the UN Sales Convention.
11. Final provisions
11.1 The above conditions apply to the entire duration of the relationship, even when not referenced constantly recurring to them. Earlier Terms expire.
11.2 The ineffectiveness of individual provisions of these terms and conditions do not invalidate the entire terms and conditions to follow. In place of the ineffective clause will apply, what the economic purpose of the invalid provision comes closest.
INNOTON, CEDAR Deutschland
Uwe Seyfert
Rahestraße 23
49525 Lengerich
GERMANY
VAT No. DE253418597
Right of withdrawal
Consumer (§ 13 BGB, German Civil Code) have a legal right to cancel.
Right of revocation
You may declare the revocation of your contractual statement in text form (e.g. letter, email) or by returning the merchandise within a period of two weeks. The revocation does not have to contain any grounds. We will forward this revocation instruction against you in text form. The revocation period commences the day following the receipt of merchandise and this revocation instruction in text form. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.
The revocation is to be addressed to:
INNOTON
Rahestr. 23
49525 Lengerich
E-Mail: info@innoton.de
Fax: 05481 945084
The right of revocation does not apply on contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded, or for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer.
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned on our risk. Things that cannot be shipped by parcel will be picked up. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty euros or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.
End of revocation instruction
