These terms and conditions apply to all of our offers, as well as to contracts in relation to the delivery of goods and services. Amendments and deviations from these terms and conditions of business require an agreement between ourselves and the business partner, and must be made in writing. Interseroh ISD GmbH is our contracting partner for the disposal of packaging. Our contract number is 80283.
Our offers are subject to confirmation and are non-binding. The issuing of offers shall not oblige us to accept the order. The technical data in our catalogues, lists and images have been created carefully, however we cannot guarantee that no errors are present. We reserve the right to carry out alterations which serve the purpose of technical progress.
We reserve ownership rights and copyright in relation to all documents handed over to the business partner, for example calculations, images, other construction documents etc. These documents may not be made accessible to third parties without our express written agreement and must be returned on request.
The calculation takes place in accordance with the list prices valid on the date of the order. All prices are ex-works and are subject to value added tax. The prices are exclusive of packaging, on site assembly, transportation insurance and illuminants. The goods will only be insured against damage during transportation if the business partner so requests in writing and this will be at its expense.
Delivery and transfer of risk
The delivery deadlines stated by us are only of an approximate nature. Delivery delays due to force majeure or unforeseeable circumstances which arise on our part or that of our sub-suppliers shall release us from the obligation to provide delivery and we shall not be obliged to pay damages. In case of delivery delays for which we are responsible, the customer cannot rescind the contract without providing us with a reasonable period of grace. Partial deliveries are permitted, provided that these are reasonable for the customer. The prerequisite for the delivery is good creditworthiness on the part of the customer. Should justified doubts exist, we are entitled to request the provision of security (for example advance payment) or to cancel the delivery obligation.
The risk shall be transferred to the customer at the latest once the goods are handed over to the carrier or delivery company, regardless of who pays the transportation costs.
Rescission of the contract
Should the order be cancelled by the customer, we will charge 10% of the net value of the goods, should no delivery have yet taken place and should no special production have been ordered. Returns require our prior agreement and must be carried out carriage paid. 20% of the value of the delivery will be deducted from the credit note for processing costs. No credit note will be issued in relation to defective parts.
Unless otherwise agreed, all invoices are due for payment 30 days following the date of the bill. The time of receipt of payment in one of our bank accounts shall be decisive. Payments must be made cost-free. In case of payment default, we are entitled to charge default interest from the due date at the valid rates, as well as to charge fixed costs.
Take-back obligation in accordance with §10 Paragraph 2 of the German Electrical Equipment Act (ElektroG)
We will properly dispose of lighting objects which are returned to us and which were manufactured and delivered by us. WEEE registration number: DE 13863293
Special production is defined as construction and manufacturing in accordance with the request and illustrations of the business partner. Specially produced items cannot be returned. In case of cancellation or reduction of orders for specially produced items, we reserve the right to charge the costs that have been incurred and/or to charge a surcharge which consists of reduced quantities or packaging units of our suppliers. We will also charge 10% or 20% of the order value as a processing fee.
Liability for defects
Defects which are caused during construction, fabrication, are connected to quality or otherwise arise during the manufacturing process will be corrected free-of-charge within a reasonable deadline, according to our choice. This applies to defects which arise during the limitation period - regardless of how long the item has been used - and whose cause was already present at the time of transfer of risk. The correction of defects can take place by means of improvement, delivery of a replacement part or a replacement delivery. Parts or goods which were replaced must be returned on request. Should supplementary performance fail, the customer can rescind the contract or reduce the purchase price. Further claims are expressly excluded. This shall not apply should mandatory liability be incurred, for example under the German Product Liability Act (Produkthaftungsgesetz), in case of intent or in case of gross negligence.
Claims connected to material defects shall be time barred 12 months following the transfer of risk. Illuminants are excluded. The 12 month limitation period shall not apply if the law provides for a longer period of time. The customer must notify us of material defects immediately in writing. Defect claims shall not exist in case of minor deviations from the agreed quality, in case of minor impairments to usability, in case of natural wear and tear or in case of damage which occurs following the transfer of risk due to incorrect or negligent treatment, excessive use, unsuitable operating equipment, defective construction work, unsuitable building ground or as a result of external influences which are not provided for as per the contract. Should incorrect alterations or repair work be carried out by the customer or third parties, no defect claims shall exist in relation to these or the consequences which arise as a result either.
Reservation of ownership
The goods delivered by us shall remain our property until all payment claims have been fulfilled. Should the reservation of ownership exist, the customer shall not be entitled to pledge the delivered goods or provide these as security. The goods may only be sold on in the course of ordinary business dealings. Claims connected to the reselling of the goods subject to reservation of ownership are hereby now being assigned to us by way of security until full payment of our claims has taken place. We hereby now accept the assignment as security. The reservation of ownership shall also remain effective if the goods are processed and/or mixed. In such a case, we will acquire co-ownership to the relationship of the invoice value of our goods in relation to that of the other materials. In case of a culpable breach of essential contractual obligations on the part of the customer, in particular in case of payment default, we are entitled to retake possession of the goods following the issuing of a warning. The customer is obliged to surrender the goods. The retaking possession of the goods, claiming of the reservation of ownership or the attachment of the goods subject to reservation of ownership by us shall not represent rescission of the contract, unless we have expressly declared such.
Place of jurisdiction
The place of jurisdiction and place of performance shall be Kamenz, Germany. The legal relationships between the parties shall be subject to the law of the Federal Republic of Germany, to the exclusion of the United Nations Convention governing the International Sale of Goods.
By means of these general terms and conditions of business, all previous versions shall cease to be valid.