General Business Terms of IDE Compressors Manufaktur GmbH in relation to Consumers (GBT consumers)
§ 1 General
(1) The present business terms apply to all contracts, deliveries and other services by IDE Compressors Manufaktur GmbH, Auf der Gröb 5, D 83064 Raubling (hereinafter referred to as: “Seller”) in relation to its customers to the extent that they are consumers. However, in busi-ness relations with entrepreneurs and/or businessmen the “GBT-entrepreneurs” shall apply.
(2) The business relations between the Seller and the customers are subject to the laws of the Federal Republic of Germany excluding the UN Sales Convention.
(3) The language of the contract is German.
§ 2 Subject Matter and Conclusion of the Contract
(1) The Seller is offering his customers diverse products for sale, in particular compressors and corresponding spare parts.
(2) The purchase contract is concluded upon acceptance of the customer’s order by the Seller in the case where the customer orders via the online shop http://www.newpartsshop.com. Re-ceipt and acceptance of the order will be confirmed to the customer per e-mail.
(3) A customer also has the possibility of enquiring about a specific item by telephone, e-mail, fax or letter. After receipt of such an enquiry, the Seller will make a corresponding offer to the customer per e-mail, letter or fax. The contract will not be formed before the customer has ac-cepted this offer.
(4) The Seller is also offering his customers diverse services such as carrying out seminars or ser-vicing technical equipment, in particular compressors, upon request. The Seller will send the customer a corresponding individual offer upon request.
§ 3 Prices, Shipping Costs, Value Added Tax and Payment
(1) In the case of orders via the online-shop the prices quoted there will apply. These include value added tax at the statutory rate but shipping charges will be due additionally and will be specified to the client before submission of the order. For orders outside of the online-shop (s. § 2 Sect. 3) the prices specified in the Seller’s offer will apply, likewise including value added tax at the statutory rate but excluding additional shipping costs.
(2) The shipping costs will depend on the weight and measurement of the goods as well as the intended destination: s. http://www.newpartsshop.com/epages/62112609.sf/de_DE/?ObjectPath=Categories/CustomerInformation.
(3) Delivery to the customer by the Seller will be on the basis of advance payment upon request by the customer (credit transfer, PayPal or credit card) or on the basis of c.o.d. Where the cus-tomer opts for advance payment per credit transfer, the payment will be due at least one week after conclusion of the contract. Where a customer is in arrears with payment the Seller may demand damage compensation in accordance with the provisions of the law and/or rescind the contract.
(4) The Seller will always issue the customer an invoice to be submitted to him upon delivery of the goods or otherwise delivered to him in writing.
§ 4 Delivery and Passing of Risk
(1) Unless otherwise agreed in the contract, the ordered goods will be delivered to the address specified by the customer. The Seller reserves the right to make a partial delivery where this is beneficial for a prompt settlement and the partial delivery is not exceptionally unreasonable for the customer. Additional costs incurred by partial deliveries will not be charged to the customer.
(2) The availability of the individual goods is specified in the item description in the online-shop. Goods in the warehouse will be dispatched by the Seller within 5 working days after conclu-sion of the contract, unless expressly agreed otherwise (in the case of advance payment by credit transfer: within 5 work days after receipt of payment). Where the goods are specified in the online-shop as not in stock the Seller will make every effort to deliver as soon as possible. Statements by the Seller regarding the delivery deadline are non-binding unless the delivery deadline was guaranteed as binding by the Seller in the exceptional case.
(3) The risk of accidental loss and accidental deterioration of the goods will pass to the customer upon the handover of the goods.
§ 5 Notice regarding the Right to Return of Goods in the Case of Distance Selling Contracts
(1) Right to return of goods:
The customer may return the goods without specifying any reasons within two weeks by send-ing them back. The deadline will commence after receipt of the present written notice (e.g. as a letter, fax or e-mail), but not before receipt of the goods (in the case of the repeat delivery of similar goods not before receipt of the first partial delivery) and also not before fulfillment of the information duties set out in § 312c Sect. 2 BGB in conjunction with § 1Sects. 1, 2 and 4 BGB-InfoV by the Seller and of the duties set out in § 312e Sect. 1 Clause 1 BGB in con-junction with § 3 BGB-InfoV. Only in the case of goods not capable of being shipped as a pa-ckage (e.g. in the case of bulky goods) the customer may declare return of the goods also through return requests in writing. The timely sending of the goods or of the return request will suffice for compliance with the deadline. In every case return will be at the expense and risk of the Seller. The return consignment and return request must be made to:
IDE Compressors Manufaktur GmbH, Auf der Gröb 5, D 83064 Raubling,
Fax: +49 (0)8035 96603-20, E-Mail: firstname.lastname@example.org.
(2) Return consequences:
In the case of a valid return the services received by both parties must be returned and any benefits (e.g. benefits of use) must be released. In the case of deterioration of the goods, com-pensation of the value of the goods may be demanded. This will not apply where the deterio-ration of the goods was caused exclusively by their inspection-as would have been possible in the store for example. In other respects, the customer may avoid the damage compensation duty for deterioration caused by use of the item in accordance with its purpose by not using the item as his property and refraining from everything impairing its value. Obligations for the refund of payments must be fulfilled within 30 days. The deadline for the customer will commence upon the sending of the goods or of the return request, for the Seller it will com-mence upon receipt.
(3) Note regarding exclusion of the right of return:
The right to return the goods will not apply to distance selling contracts for goods and ser-vices manufactured according to specifications by the customer in accordance with § 312d Sect. 4 Nr. 1 – 3 BGB unless otherwise agreed.
[End of goods return notice]
§ 6 Retention of Title, Set-Off and Right of Retention
(1) The goods supplied will remain the property of the Seller until satisfaction of all claims aris-ing from the present contract.
(2) The customer will only be entitled to set off where his counterclaims are recognized by the Seller or are res judicata. The customer will only have a right of retention where his counter-claim is based on the same contractual relationship
§ 7 Liability for Material and Legal Defects, Conduct in the Case of Transport Damage
(1) The statutory provisions will apply to the guarantee subject to the proviso that the guarantee period in the case of used goods is one year. Curtailment of the guarantee period will not ap-ply where the Seller has willfully concealed a defect or accepted a guarantee for a feature of the goods nor to damage compensation claims by the customer toward compensation of injury to body or health due to a defect for which the Seller is responsible or based on willful or gross negligent conduct by the Seller or his vicarious agents.
(2) Where goods with apparent damage to packaging or contents are delivered the customer must report this to the shipping agent/freight service immediately, irregardless of his guarantee rights as set out in para. 1, and report this without delay to the Seller per e-mail or other me-dium (fax/mail), allowing him to observe any rights against the shipper/freight service.
§ 8 Exclusion of Liability
(1) The customer may only assert damage compensation claims against the Seller outside of li-ability for material and legal defects in the case of willfulness or gross negligence. Exclusion of liability will not apply in the case of injury to life, limb or health and in the case of breach of cardinal contractual duties. Except in the case of willfulness, gross negligence and damage from injury to life, limb or health, the Seller’s liability will be limited to damage typically fo-reseeable upon conclusion of the contract.
(2) Liability according to the Product Liability Act and other provisions of the law will remain unaffected.
§ 9 Data Protection
(1) The customer is aware of and consents to storage of the personal data necessary for process-ing the order by the Seller on data carriers. The customer expressly consents to the recording, processing and use of personal data. The stored personal data will naturally be treated as con-fidential by the Seller. The recording, processing and use of personal data by the customer will be in compliance with the Federal Data Protection Act (BDSG) and Telemedia Act (TMG).
(2) The customer has the right to revoke his consent at any time effective for the future. In this case the Seller is obligated to immediately delete the customer’s personal data. In the case of ongoing orders, the data will be deleted after completion of the order procedure.
as per: Aug. 18,2009
General Business Terms of IDE Compressors Manufaktur GmbH in relation to business associate (GBT business associate)
Orders shall be supplied in accordance with the terms and conditions given below as far as not others is agreed. Agreements deviating therefrom or subsidiary agreements made with our represtentatives are only valid if they are confirmed by us in writing. German law alone shall be applicable for interpretation of contractual relationships. These conditions shall apply for all subsequent transactions with further express reference to them being necessary. All quotation are submitted without obligation unless an agreement to the contrary has been made. In all cases we reserve the right to decline to supply. Orders are valid only with our written confirmation.
Prices metioned in catalougues, publicity material and price lists are quoted ex store or ex works, whichever of the latter is more favorable for transport. The prices ruling on the date of despatch shall prevail. When there is a fundamental change in prime and manufacturing costs, involving factors like rates of exchange, labour, raw materials, transport, taxes, price maintenance agreements and so on, which justifies a reasonable increase in the selling price, the prices quoted shall be altered accordingly, unless special legal provisions exist which preclude this. The place of supply shall be the actual point of dispatch. Rosenheim is to be understood as the place of payment and legal jurisdiction, and address for bills of exchange and checks.
Drawing & technical data
Changes in the drawings effected by the factory and techical data are not binding for the execution of the order.
Despatch will as a rule be effected freight forward. Special agreements must be confirmed in writing. Transport insurance will not be concluded by us for consignments. If consignments are despatched per UPS, transport charges will be included in the invoice for the goods. Where shipments with an order value of less than € 150,– are involved, € 15,– will be billed as the minimum quantity surcharge.
We bill you strictly our own costs.
Delivery times will be adhered to as far as possible, but are never binding, even if a firm date has been quoted. Stoppages in our own production facilities or in those working on our orders, force majeure, strikes, general moblisation and war, shortage of raw materials and products or blockages of the transport routes shall release us from our obligation to supply; penalties for late delivery or other enitlement to damages of any kind for delayed delivery are excluded. Orders places for goods on a call-off basis without a fixed delivery date are to be completed within a maximum period of six months. On expiry of the agreed term, they shall be treated as firm orders subject to the usual delivery dates. If goods which were not cancelled promtly are returned, the incurred costs and a cancellation fee of € 25,– will be billed.
Guarantee and liability
subject as hereinafter set out, the vendor undertakes to remedy and defect resulting from faulty design, materials or workmanship.
In the EU (European business community) this liability is limited to defects which appear during a period of 2 year (outside EU 1 year) in single-shift operation or 6 month in multiple-shift operation (guarantee period) commencing from the passing of risk or, in the case of delivery that includes installation, from the time of completion of erection and assambly work. Outside of the EU The purchaser can only avail himself of his rights under this Clause if he notifies the vendor in writing and without delay of any defects that have become apperent. On receipt of such notification, the vendor – if the defect is one which, under the provisions of this Clause, is to be remedied by him- shall at his owen option:
a) repair the defective goods in situ ; or b) have the defective goods or parts returned to him for repair; or c) replace the defective goods; or d) replace the defective parts. The repair of any defects does not result in an extension of the guarantee period.
Complaints concerning discrepancies in weight, size, piece count, quality and so on can be accepted only if they are submitted in writing within eight (8) days of receipt of the goods at their destination. When the goods supplied have evident faults, the decision as to whether they will be replaced without charge or rectified shall be taken by us. Goods shall in all cases be returned using the cheapest form of transport that have been replaced become our property. The costs of removing damaged parts or replacing them with new parts, freight and postage and the charges for service engineers are to be borne by the customer. The carrying out of repairs by the customer or a third party without or express permission shall release us from any obligation to supply a replacement. A reduction or alteration of the invoiced amount ist not admissible. Equally, any kind of right to withhold payment is excluded. We do not guarantee that the goods supplied by us comply with the safety provisions of the trade associations. In all other respects, our liability as defined above shall cease if the customer fails to observe his contractual obligations, in particular the agreed terms and condtions of payment. Ordered and correctly delivered goods will be exchanged only as an act of genorosity on our part, futhermore for goods with a value of up to € 150,– an exchange fee of € 15,– will be billed together with the incurred freight costs.
Customers doing on-going business with us are required to make payment in advance on our proforma-invoice without deduction of any kind unless other terms and conditions have been agreed. When payment is made later than agreed we reserve the right to charge default interest at the rate usually charged by banks plus all additional costs. Business with firms which we have not previously had dealings with will initially be transacted only against cash in advance or on collect terms. Where an order has been placed and the credit information supplied by a bank or business reference is unfavourable, we may refuse to accept the order unless the purchaser guarantees collateral for the goods. Only our official receipt serves as proof of any payments which may be made to our representatives.
Retention of title
We supply our products exclusively subject to the proviso of the extended and universal retention of ownership. Title is not transferred to the customer until all liabilities arising out of the supply contract have been met in full. This proviso shall also apply when the purchase price for consignments of goods marked by the customer has been paid. When business is being transacted on a current account basis the retention of title on the totality of the orders serves as collateral for the amount still open. We shall be entitled to repossess goods supplied under retention of title when the debtor defaults in his payments. The customer must inform us without delay of any attachment order or any other intereference with our rights form third parties.
Special offers (Special prices)
The prices invoiced are to be understood as strictly net net cash. Special offers or prices shall in no case be valid without prior consultation with our representatives or our administration offices and require our written confirmation. Goods supplied on special terms are exluded from exchange and may not be the subject of complaints.
Our terms and conditions of delivery and payment quoted above apply to all consignments and orders without exception. Orders from customers on printed forms other than our own and containing conditions of a different tenor are in no way binding on us. Should any legislation invalidate any part of our terms and conditions of delivery and payment, the ramainder of our terms and conditions of delivery and payment shall remain unaffected by such legislation and shall retain their full validity.
Any disputes arising hereunder wii be stteled bevore a competent Rosenheim court of law on the base of German law.