§ 1 Scope, definitions
(1) Our terms and conditions given below apply to all our offers, deliveries and services including consulting. For any current or future business relations between the customer and our party, these terms and conditions shall apply exclusively. Any terms differing, opposing or complementary terms, even in case of notice, are not recognized and herewith expressly contradicted. Any opposing terms and conditions by the customer shall apply only if accepted expressly and in written form by our party.
(2) Any persons placing orders or contracts with our party are considered customers for the purpose of these terms and conditions.
(3) Any individuals placing legal transactions for any purpose not attributable to his professional or freelance occupational activity are considered consumers for the purpose of these terms and conditions.
(4) We reserve the right to modify these terms and conditions at any time. The customer shall be notified about any such modifications immediately in written form or by e-mail. Unless the customer objects within 2 weeks after written notification or posting of e-mail, the modifications of the terms and conditions notified are regarded as accepted by the customer.
§ 2 Conclusion of the contract
(1) Our product catalogues and any other brochures and technical documents are intended exclusively for professional customers and do not yet represent a proposal for conclusion of the contract respectively, but only a customer request to submit us a quote. The customer can communicate his order in written form, by telephone, fax or e-mail.
(2) Our offers are subject to change. We reserve the right to any modifications of technical data or changes in terms of shape, colour and / or weight within the scope of reasonability.
(3) A contract between the customer and our party will materialise only after our written confirmation; however, not later than at supply of services towards the customer.
(4) In case of incorrect and/or late delivery from our suppliers with the result that our subject of the contract becomes unavailable, we have the right to withdraw from the contract. This applies only to cases where unavailability cannot be justified by our part. In this context, we commit to inform the customer immediately about the unavailability of the service and to refund any payments already made immediately.
§ 3 Pricing
(1) Any pricing specified in our product catalogues, brochures and technical documents are intended for professional customers only and are quoted plus the accordant VAT. Pricing applies exclusive of packing, freight, postage, any other mailing expenses and insurance ex delivering works based in Regenstauf (Germany).
(2) The pricing specified, unless fixed prices are agreed expressly, are based upon our prime costs at the time of order confirmation. In the event of unexpected cost increase due to material price and / or pay increase, any circumstances beyond our influence, we reserve the right to appropriate adaptation. Unless no mutual transaction is affected, we may request this price adjustment only after expiration of 4 months from conclusion of the contract, if the delivery was to be provided by this time.
(3) Any orders accepted by our party in direct delivery without any previous order confirmation will be executed according to our scheduled prices applicable at the day of ordering.
§ 4 Payments
(1) Except when otherwise stipulated, all payments become due within 30 days from date of invoice strictly net and free of transaction charges to the seller's designated account. Discount is granted at receipt of payment within 10 days amounting to 2%. The indicated cash discount deduction is excluded in case the customer is behind schedule with any other liabilities to pay to our party.
(2) In case of deferral of payments or delayed payment from the customer, interests at a rate of 8% above the respective base rate become due, according to §288 of the German Civil Code; if the customer is a consumer for the purpose of §1 section 3, an interest amount of 5% above the respective base rate becomes due, other than specified in phrase 1.
(3) We are obliged to provide further deliveries from any current order only after complete payment of all due invoiced amounts including default interests, without hereby falling behind in terms of default of the debtor.
(4) The acceptance of any bills of exchange or cheques is effected on account of payment only; Any satisfaction by bill of exchange or cheque payment will take effect only after irrevocable crediting of the respective amount to our bank. All costs incurred in this context are exclusively at customer's expense.
(5) The customer can offset any receivables only if the claim asserted against our party has been recognised or stated legally binding.
(6) Delivery of goods will be effected DvP against complete payment of the purchase price.
§ 5 Delivery and passing of risk
(1) The place of performance and delivery is our business location based in Regenstauf.
(2) In case of forwarding the subject of the contract to another location upon customer's request, the risk is passed to the customer from delivery of the object of purchase to our freight forwarder. Unless expressly otherwise agreed in particular cases, we are free to select the mode of dispatch. In case of express goods or mailing, any freight charges advanced are invoiced.
(3) Any delivery dates and periods shall be considered binding, provided that an appropriate agreement between the contracting parties has been made before. In case of doubt, the delivery periods start from the date of our order confirmation. Unless in case of any temporary impediment to performance which cannot be justified by our party, the agreed delivery periods are extended accordingly. The agreed delivery dates are postponed by the period per impediment to performance; This applies particularly to any case of force majeure, strike, traffic block etc.
(4) In case shipping of the object of purchase was provided by us, the packing material made available is not charged separately; In return, the customer is to ensure proper reuse or disposal of the packing material at his own charge.
§ 6 Consumers' right of withdrawal
(1) Consumers for the purpose of § 1 section 3 have the right to withdraw their contract conclusion in written form (i.e. by mail, fax, e-mail) within 2 weeks, without giving reasons or by returning the object. The period will start at the earliest at receipt of these instructions. The withdrawal or object is to be posted in time for ensuring the revocation period. Any withdrawal can be sent to:
GREISINGER electronic GmbH, Hans-Sachs-Str. 26, D-93128 Regenstauf, Germany
(2) In case the services received cannot be returned fully or in part or only in a deteriorated state, the customer has an obligation to value replacement. In case of surrender of objects, this does not apply if the deterioration of the object is attributable to examination only - i.e. as it would have been possible in a retail shop.
(3) The consumer is entitled to withdrawal for the purpose of §6 section 1 of these terms and conditions only in case of materialisation of the related contract of sale using telecommunication media (in particular letters, catalogues, phone calls, telex and e-mails).
(4) There is no right of withdrawal either in case of delivery of goods manufactured according to customer specifications or clearly tailor-made to personal needs or unsuitable for return due to their condition (i.e. files and software for download, unsealed software etc.).
§ 7 Warranty
(1) In case the subject of the contract is defective or particularly not suitable for the use assumed in the contract or for common use, we are permitted two chances of repair - unless this would mean inadequate expense - and we are also obliged to do so. Should we not manage to clear the defects within the scope of appropriate duty, the customer is entitled to further legal warranty claims.
(2) Any such warranty claims will prescribe - except in case of intent - after one year. The prescription starts from object delivery.
(3) If the customer is a consumer for the purpose of. §1 section 3 of these terms and conditions, the aforementioned regulations stipulated in §7 sections 1 and 2 do not apply; In this case, the legal regulations will remain.
(4) The warranty does not extend to any defects whose cause is attributable to the customer, particularly errors of application and operation or force majeure
(5) As for the fixation of a period of time for rectification or removal of defects, the customer is obliged to grant us a period of time which can be classified as appropriate considering the concrete circumstances of the particular case.
(6) After fixation of a period of time by the customer for removal of defects, the customer is to explain, after any effectless expiration of this period, how to deal with the contract henceforth. Failing which such explanation, we may assume that the contract is supposed to be maintained unchanged.
§ 8 Liability
(1) We are liable for any damage of our consumers to the full legal extent, provided that evidence of intent or gross negligence is produced towards our representatives or auxiliary persons employed by our part. In case of any damage due to negligence, we are liable only in case of warranties given expressly and / or violation of cardinal obligations.
(2) In any case. liability according to sec.1 phrase 2 is restricted in its amount to damages for this type of contract and that were foreseeable at conclusion of the contract.
(3) Any liability for personal injury and according to the product liability law remains unaffected.
§ 9 Exchange
Unless we voluntarily agreed to take back standard goods without being obliged to do so according to the warranty regulations or any given warranty, we charge 10% costs for return shipping- / reversed transactions of any unused goods, or in case of damaged goods, the costs of repair incurred additionally. In case of custom-made products, such a voluntary exchange is basically excluded.
§ 10 Retention of title
(1) We reserve the right of property in the subjects of the contract until fulfilment of all claims we are entitled to from the business tie with the customer.
(2) During the existence of the retention of title, the customer is not permitted to perform any pledging or security transfer of title.
(3) The customer is allowed to process the object of purchase or to mix or connect it with other objects. Any such processing, mixing or connection will be effected in our favour. The new object resulting from this processing (new goods) shall be carefully conserved for us by the customer. In case of processing together with other objects not belonging to the customer, we are entitled to co-ownership of the new goods, at the amount resulting from the proportion of the value assigned to the object of delivery to be processed, mixed or connected to the other goods processed at the time of processing. Should the customer acquire sole proprietorship of the new goods, the parties agree that we are granted co-ownership of the new goods according to the proportion of the value of any processed object of delivery to the other goods processed a the time of processing.
(4) In case of sale of the object of the delivery or new goods, the customer hereby assigns his claim to resale towards the purchaser including all ancillary rights by way of security to us without requiring any further explanations. The assignment, however, only applies in the amount of the sum corresponding to the price of the object of delivery invoiced by our party.
§ 11 Repairs
(1) In case of repairs carried out by our party at the benefit of our customers, which are not effected within the scope of warranty or any given warranty, any object of repair is basically returned C.O.D to the customer.
(2) For any estimate of costs requested from the customer, this supplementary amount of work related will be refunded separately.
§ 12 Miscellaneous
(1) The reasons and transaction of this contract are based upon German legislation under exclusion of international private law and UN convention on contract for the international sale of goods.
(2) Should any clause of these terms and conditions prove ineffective, the other clauses. shall remain in full force and effect. In substitute of the ineffective regulation, the parties shall agree on an appropriate regulation, coming closest to what the contracting parties had intended, and which, however, must be admissible.
(3) Any modifications or amendments made to this contract must be done in written form. This also applies to any modifications or amendments concerning this clause.
(4) Regensburg (Germany) shall be the exclusive jurisdiction for any litigation arising from this contract, provided that the customer is a merchant who has been entered as such in the commercial register, a legal person of public law or special fund under public law, or provided that the customer has no jurisdiction in the Federal Republic of Germany.
as at 07 / 2004
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