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General business terms for the company FRS-Feuchtigkeitsregelsysteme, holder Bernhard Krah, Haarer Weg 7, D-85630 Grasbrunn, tel.: 0049(0)89/95895173
The following conditions apply to the whole business relation with our customers. The customers explicity abandon the enforcement of their own general business terms. Our silence does on no account constitute acceptance towards the clients’ terms. An acceptance of different terms demands a specially written confirmation. The customers allow our general business terms at the latest with the acceptance of goods.
1. Offer, contract formation
1.1 A contract becomes operative only with our written order confirmation.That is substituted by the invoice, if the order is completed immediately.
1.2 Orders by telephone can only be executed at buyer’s risk.
1.3 To obtain effectivity subsidiary agreements, warranties and contractual amendments need a written confirmation.
2. Consignment, transfer of risk
2.1 Except when otherwise stipulated, 85630 Grasbrunn is considered as place of delivery.
2.2 Due to circumstances beyond our control, for example strike, lockout, transport fault, manufacturing disturbances, breakdown, civil war, war, natural disaster, no matter whether happening within our own company / country or the ones of a deliverer, result in proper lengthening of the delivery time and entitle us to rescind. The customer’s withdrawal from a contract is only possible if a proper final deadline has been set after expiration of our prolonged delivery time. Claims for default damages or non-performance are excluded.
2.3 The risk is transferred to the customer as soon as the goods exit the place of delivery.
2.4 The mentioned delivery dates are conditional and apply only if we ourselves are delivered on time.
3. Costs and conditions of payment
3.1 The prices are to be understood net, plus VAT (value added tax). Packaging and carriage are charged to debit of the customer. Accounting currency is euro.
3.2 Payments have to be settled in advance. Cash discount can be allowed in the case of larger ordering and needs a written agreement. That applies only to the territory of the Federal Republic of Germany (FRG).
3.3 The costumer can only charge up against approved counterclaims determined without further legal recourse or demand the right of detention.
4. Reservation of ownership
4.1 The ware stays our property until the full payment of all, and even future arising, claims against the customer.
4.2 Possible is a conditional sale or a resale for customers paying cash. Other regulations, especially assignment as security or pledging, are excluded.
4.3 Even now the customer assigns to us the claims resulting from reselling goods subject to retention of title with all ancillary rights. Processing, compound or resale of goods subject to retention of title with goods, being none part of us and costing a total price, result in coproperty or conveyance proportional to the worthiness of the goods subject to retention of title to the remaining ware.
4.4 The customer is competent to collect demands, which are assigned to us, until recalled. If the customer is in default with his contractual obligations he, on our request, has to inform his debitors about the conveyance. Surrender of goods or their garnishment aren’t regarded as avoidance of contract.
5. Guarantee
5.1 We guarantee over a 24-month period, counted from the date of delivery, perfect function, usage of proper material and careful processing. If any faults might arise at the goods, lack of guaranteed features included, we can decide between costless correctionof the defects or replacement of the faulty goods by goods free of defects – provided that the rejected goods have been sent carriage free back to us by the customer.
5.2 If the software/hardware, of our own devising, falls short of the customer’s expectations as contractually agreed and he claims the apparent defect, within the warranty period, we promise rework. The software/hardware not devised by ourselves is without guarantee but we are willing to assign our claims against the software/hardware producer to the client.
5.3 For on-site repairs or rework according to the customer’s request we calculate the travelling costs. Definitely failure of rework or compensation delivery comes to price reduction or cancellation of sale when required by the customer. Enhanced rights, especially a claim for damages, don’t exist.
5.4 All the mentioned demands for the customer lapse if the delivered goods weren’t promptly examined closely and if ascertained defects weren’t notified within 8 days after delivery. In addition to that warranty claims are excluded if the goods have been changed or repaired by the client or a third party. The customer isn’t able to notify of defects, for goods he bought as construction kit, except for fundamental operative readiness.
5.5 The seller’s warranties, as appointed among 5.1, remain unaffected by a claim of guarantee. After rework or exchange of goods a new period of guarantee only starts for the repaired or exchanged part. For repaired and exchanged goods the warranty terms hold true analog this article.
6. Limitation of liability
6.1 Damage claims are excluded, especially those resulting from a fault’s consequential damage, from positive violation of a contractual duty, from impossibility of performance, from event of default, from fault when the contract is concluded and from tortious act, unless malice or wanton negligence is proved
7. Other matters
7.1 The legal relationships between the parties are only subject to the law of the Federal Republic of Germany.
7.2 All deliveries to a foreign country happen subject to the export permit of the Federal German‘s foreign trade legislation.
7.3 Exclusive place of jurisdiction is Munich.
7.4 The supplied software’s copyright belongs to us or the holder of the copyright. The client receives the right of use which can only be transferred, accompanying provided, in combination with the bought equipment. Copying only for security purpose.
7.5 Void terms don’t touch the legal force of the other existing terms. The dropped out term has to be substituted by a term which comes to an accommodation with both contract parties.
revision status: 14.01.2012
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