1. |
General data / conclusion of an contract
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1.1 |
Our services in the fields examinations of foundation soils, geology,
hydrology, environment and waste deposits are subject to the rules of VOB,
VOL, VOF and HOAI, which may be viewed in our rooms in their present valid
version
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1.2 |
For all (also future) deliveries, these general terms and conditions are
valid exclusively.
In addition, if necessary, the attached conditions of the manufacturers,
which are being referred to additionally, are valid.
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1.3 |
In case of deviations from these general terms and conditions, additional
agreements and collateral agreements require the written form or the
explicit written confirmation.
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1.4 |
Our offers and remarks concerning instruments traded by us and our product
descriptions are subject to being sold, except there is an explicit
written assurance.
With regard to the continuous technical development and improvement of our
products we reserve changes in construction and design in contrast
to the data of our various printed material as well as to
our web sites, as long as the worth of the products offered by us is not
affected and the modifications are not unreasonable for the customer.
This is also valid for modifications, which save the ability of the
product. |
1.5 |
Contracts of sale are concluded only by a written confirmation of the
order or the acceptance of the dispatched goods by the customer.
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1.6 |
The assignment of rights and duties resulting from the contract of sale
require written consent of GSG Geologie-Service GmbH.
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2. |
Prices and terms of payment
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2.1 |
For consignment the list prices at the moment of placing the
order or of the confirmation of order are valid, unless there are more
than four months between contract of sale and delivery date agreed.
If, after that period, material costs or the cost price in line with real
market conditions rise, we will be entitled to rise the price
appropriately, according to the increase in costs.
A customer's withdrawal is only legitimated, if the increase in cost
exceeds the increase of common costs of living between order and
consignment more than marginally.
If the customer is a trader, a juristic person of public right or
a special property under public laws, changes in price are authorized
according to the aforementioned provision, if there are more than six
weeks between completion of the contract and agreed delivery.
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2.2 |
Our prices are exclusive of shipping expenses, without software, separate
accessories, installation, instruction or other collateral services,
unless there is a different written agreement.
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2.3 |
The purchase price, as well as fees for collateral debts become due
immediately and are to be paid pure net without any deduction. A payment
applies as being made, as soon as GSG Geologie-Service GmbH is able to
dispose of the amount.
In case of a default of payment we are authorized to charge default
interests of 5% above the current reference interest rate published by the
European Central Bank.
The assertion of a delay damage beyond that is reserved. Bills of
exchange or cheques are only accepted by agreement and for reasons
of fulfilling and declared valid as payment only after having met.
Discount- and collection expenses are debited to the customer.
We are not liable for punctual presentation. |
2.4 |
If the customer does not accept the goods sold, we are authorized to
impend on acceptance or to demand 20% of the purchase price as general
damage and expense compensation respective.
We reserve the right to claim an evident higher damage.
The general compensation is reduced to the extend the customer gives
evidence for lower expenses or for a smaller damage.
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2.5 |
The customer is entitled to rights of detention only as far as his
counterclaim auf is based on the same contractual relationship.
Balancing of the costs by the customer is excluded, except the
counterclaims of the customer are legally established or
acknowledged by us.
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3. |
Period of supply
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3.1 |
Binding delivery dates must be agreed in written form.The period of supply
agreed starts at the date of the confirmation of the order.
The period is observed, if the consigned good left GSG Geologie-Service
GmbH before the period has expired.
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3.2 |
The period prolongs, should the occasion arise, for the period, until the
customer has handed out the necessary data and documents necessary for the
execution of the order.
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3.3 |
All delivery periods agreed are subject to correct and punctual self
supply.
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3.4 |
The delivery period prolongs in an appropriate way at measures
within the scope of loss of working hours, especially strike and
lockouts, as well as circumstances beyond our range of responsibility such
as legal or official orders (e.g. import- and export restrictions) or in
cases of delivery delays due to higher forces.
We are also not liable for conditions mentioned above if they emerge
during an existing delay.
We will inform our customers about begin and end of such obstacles in
important cases as soon as possible.
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3.5 |
If we get behind with our delivery, our compensation is limited in cases
of minor carelessness to an amount of 50% of the predictable damage.
Further claims are only justified if the delay was caused by on purpose
or by gross negligence.
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4. |
Delivery, distribution, transition of risks
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4.1 |
We are authorized to make part deliveries, unless another agreement has
been made explicitly and as long as no disadvantages for use result from
that.
Part deliveries are considered as independent deliveries for financial
obligations, transition of risks and guarantee liabilities. The
customer is not authorized to reject independent part deliveries.
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4.2 |
We choose the kind of dispatch the route and the firm entrusted with
the delivery to our judgement, if the customer does not give explicit
instructions.
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4.3 |
The risks are transferred to the customer as soon as the dispatch with the
objects dispatched has been delivered to the forwarding agent, the carrier,
or other persons or institutions chosen to execute the delivery.
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5. |
Exchange and taking back
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The satisfaction of our customers is very important for us. Should you, as
a private customer nevertheless be dissatisfied with our products you may
return them within a fortnight after arrival of the goods at the consignee.
Shipping costs have to be born by the customer.
Firms and authorities are completely excluded from exchange and taking
back.
Exchange and taking back is excluded if the original package is damaged.
For reasons of licence law exchange or taking back of any software is
excluded on principle .
The right of return also is inapplicable, if the products show traces of
use.
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6.
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Reservation of proprietary rights
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6.1 |
We reserve the proprietary rights of a article for sale until the complete
settlement of all claims of the supply contract including collateral debts
(e.g. costs for bills of exchange, financing costs, interest etc.) .
If the customer shows behavior contrary to the terms of the contract
we are authorized to demand a return of the article for sale upon reminder,
the customer is obliged to return the goods.
Taking back as well as distrait upon the article reserved, means no
withdrawal of the contract.
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6.2
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In case of distraints or other interventions of
other persons the customer is obliged to inform us in written form. |
6.3
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A processing or remodeling of the article for sale by the customer is
always executed for us.
If an article for sale is being processed with other objects, not
belonging to us, we gain co-ownership of the new product according to the
relation of the worth of the article for sale to other processed objects
at the moment of processing.
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6.4 |
If an article for sale is being mixed up with other objects, not belonging
to us, we gain co-ownership of the new product according to the relation
of the worth of the article for sale to other mixed-in object at the
moment of mixing.
If the object of the customer is to be regarded as main object, the
customer is obliged to transfer proportionate co-ownership to us. The
customer is keeping the co-property for us |
6.5 |
The customer is allowed to resell the products in regular way of business.
However, he hands over all claims against his purchaser or other persons
to us right now according to the purchase price agreed upon with the
customer (sales tax and collateral debts included), which arise for the
customer from resale, independent of the fact whether the articles for
sale are being resold without or after processing.
The customer is authorized to withdraw these debts after their cession.Our
authorization, to withdraw these debts ourselves is untouched, however, we
place an obligation on ourselves not to withdraw these debts, as long as
the customer meets his financial obligation regularly and is not in
default of payment.
If this case occurs though, we can demand, that the owner reveals the
transferred claims and their debtors ghines all information necessary for
seizure, hands over the appropriate documents and informs the debtors (other
persons) of the cession.
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7. |
Warranty / exclusion of liability
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7.1 |
We guarantee for a period of 12 months after delivery date that the
articles for sale are free of defects according to the latest developments
in technology.
Liability for usual wear is excluded.
Warrranty claims are not valid for wearing parts such as toner,
floppy-discs, CD-recordables etc. and other articles of consumption.
Used products are being sold with exclusion of any warranty.
Concerning further claims and rights we are only liable in cases of
intention and gross negligence. For the rest warranty is excluded.
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7.2 |
We are not liable for damages and defects which were caused due to
improper use, not taking note of application instructions or incorrect or
negligent treatment. This applies especially for an operation of the
objects with wrong current or voltage as well as connection to
unsuitable power sources.
The same applies for damages and defects, which can be explained with fire,
lightning , explosion or net dependent overvoltages, humidity of any
origin, wrong or lacking program-software and/or processing data,
except the customer proves, that these conditions are not causal for the
criticized defects.
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7.3 |
Any warranty expires, if the customer performs interventions and/or
repairs devices himself or by persons not authorized by us, without
explicit written consent from GSG Geologie-Service GmbH.
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7.4 |
Obvious defects have to be indicated immediately, however not later
than five working days after acceptance of the delivery in written form;
otherwise all deficiency claims are excluded. In commercial traffic
additionally §§ 377, 387 HGB apply.
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7.5 |
As far as a defect of a article for sale is within our responsibility, we
have the choice between a correction of faults and compensation.
The customer is obliged to make an backup of his data on own costs
before handing over the article for the purpose of repairing or
examination.
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7.6
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If we are not willing to realize compensation or if the correction of
faults fails at least once, the customer has the choice between
withdrawing from the contract or demanding an appropriate reduction of the
purchase price.
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7.7 |
Further demands of the customer - independent of legal
argument - are excluded, unless deviating agreements have been made
explicitly.
We are therefore not liable for damages which did not origin directly
in the article to sell; in particular we are not responsible for lost
profit or other financial damages of the customer.
The release of liability mentioned above does not apply if the damage was
caused by intention, gross negligence or lacking of a promissed feature,
violation of essential contractual duties, service delay,
impossibility, as well as claims according to §§ 1, 4 of the Product
Liability Law.
We are not liable for the restoration of data, unless we have caused the
loss intentionally or with gross negligence and the customer has ensured
that a data backup has been made, so that a reconstruction of the
data is possible with reasonable effort. |
7.8
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Damage claims against us can be advanced in all cases, even in cases of
failed repair or additional delivery, only if we can be charged with
intention or gross neglicience or if promised qualities are lacking
If we are not liable, this also applies for the personal liability of our
employees, collaborators, representatives and debtors agents.
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8.
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Withdrawal and compensation of not executed orders
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8.1
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We may withdraw from the contract if we get to know about a stop of
payment, die institution of bankruptcy proceedings or legal arrangement
proceedings, the rejection of bankruptcy for lack of assets, protest
of a bill or a cheque or concrete clues concerning worsening of the
financial circumstances of the customer.
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8.2
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If we withdraw from the contract or if the order is not executed for
reasons that have to be justified by the customer, the customer has to pay
a lump redress of 10 % of the purchase price for our expenses and
profit lost.
We reserve the right to claim an evident higher damage. The lump
compensation reduces to such an extend as the customer can prove that
lower expenses or a lower damage was caused.
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9. |
Software, literature
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10. |
Utilization of customer data
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We are authorized to process all data concerning business relations
with the customers according to German law.
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11. |
Export permit
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Eventually for export of deliveries objects consents required by the
Bundesamt für gewerbliche Wirtschaft in Eschborn/Taunus, are to be
obtained by the customer at his own expense.
The prohibition of such an export permit does not authorize the customer
to withdraw from the contract.
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12. |
Place of fulfillment, domicile, partial inoperativeness, applicable law
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12.1
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Wuerzburg is being agreed upon as place of fulfillment for all mutual
contractual duties, possible guarantee claims included
All relations between supplier and us are under German law, the laws
concerning international sale of movable objects included, even if the
supplier's headquarters is abroad. Wuerzburg is domicile.
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12.2
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In case of ineffectiveness of single regulations of the supply
contract or of the general terms and conditions all other regulations
remain valid.
International trade is under German law.
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