General Terms of Delivery
for products and services of the company RiCo Electronic Design GbR
Rolf Gimmel and Andreas Fritz
for use in business dealings with entrepreneurs
- Status: January 2010 -
I. General provisions
1. For the scope of deliveries or services ('deliveries'), the mutual written declarations shall prevail. However, general terms and conditions of the customer shall only apply to the extent that the supplier or service provider (hereinafter: supplier) has expressly agreed to them in writing.
2. The Supplier reserves all rights of ownership and copyright in respect of cost estimates, drawings and other documents (hereinafter referred to as "documents"). The documents may only be made accessible to third parties with the prior consent of the supplier and, if the order is not placed with the supplier, they must be returned to the supplier immediately upon request. Sentences 1 and 2 apply accordingly to documents of the purchaser; however, these may be made accessible to such third parties
to which the supplier has legitimately transferred deliveries.
3. The customer has the non-exclusive right to use standard software with the agreed features in unaltered form on the agreed devices. The customer may make a backup copy without express agreement.
4. Partial deliveries are permissible insofar as they are reasonable for the purchaser.
II. Prices and terms of payment
1. The prices are ex works excluding packaging plus applicable VAT.
2. Has the supplier assumed the installation or assembly (this must be expressly agreed in writing) and is not something
If agreed otherwise, the purchaser shall pay all necessary ancillary costs in addition to the agreed compensation, such as travel expenses, costs for transporting the tools and personal luggage, as well as trips.
3. Payments are to be made free to the paying agent of the supplier.
4. The customer can only set off against claims that are undisputed or legally binding.
III. Retention of title
1. The objects of deliveries (reserved goods) remain the property of the supplier until the fulfillment of all claims against the customer arising from the business relationship. Insofar as the value of all security interests to which the supplier is entitled exceeds the amount of all secured claims by more than 20%, the supplier will release a corresponding part of the security interests at the request of the ordering party.
2. During the existence of the retention of title, the buyer is prohibited from pledging or assigning ownership and reselling only resellers in the ordinary course of business and only on the condition that the reseller of his customer receives payment or makes the reservation that the ownership of the customer until passes if he has fulfilled his payment obligations.
3. In the case of seizures, seizures or other dispositions or interventions by third parties, the customer must notify the supplier immediately.
4. In the event of breaches of duty by the purchaser, in particular default in payment, the supplier shall be entitled to rescind and take back the contract after the unsuccessful expiry of a reasonable deadline set for the purchaser; the legal provisions on the dispensability of setting a deadline remain unaffected. The purchaser is committed to the release.
IV. Deadlines for deliveries; delay
1. The observance of delivery deadlines presupposes the timely receipt of all documents to be supplied by the purchaser, necessary approvals and approvals, in particular of plans, as well as compliance with the agreed terms of payment and other obligations of the purchaser. If these conditions are not fulfilled in time, the deadlines will be extended accordingly; this does not apply if the supplier is responsible for the delay.
2. Is non-compliance with the deadlines for force majeure, eg. Mobilization, war, rebellion, or similar events, e.g. For example, strike, lockout, the deadlines extended appropriately.
3. Default occurs 4 weeks after the agreed delivery date. If the supplier is in default, the customer can - if he makes credible that he has suffered a loss - a compensation for each completed week of default of 0.5%, but not more than 5% of the price of the part of the deliveries which could not be taken into appropriate operation because of the delay.
4. Both claims for damages of the customer due to delay of the
Delivery as well as claims for damages in lieu of performance, which go beyond the limits specified in No. 3, are excluded in all cases of delayed delivery, even after the expiry of a delivery period set for the supplier. This does not apply insofar as liability is mandatory in cases of intent, gross negligence or injury to life, limb or health. The customer can only withdraw from the contract within the scope of the legal provisions insofar as the delay
the supplier is responsible for the delivery. A change in the burden of proof to the detriment of the customer is not connected with the above regulations.
5. At the request of the supplier, the customer is obliged to declare within a reasonable period of time whether he withdraws from the contract due to the delay in delivery or insists on the delivery.
6. If shipping or delivery is delayed by more than one month after notification of readiness for shipment at the request of the customer, the customer may charge storage fee of 0.5% of the price of the goods of the deliveries for each commenced month, but no more than 5% in total become. The proof of higher or lower storage costs remains to the contracting parties.
V. Passage of risk
1. The risk is also passed on to the customer in the case of carriage paid delivery as follows:
a) in the case of deliveries without erection or assembly, if they have been sent for shipment or have been picked up. At the request and expense of the customer, deliveries are insured by the supplier against the usual transport risks;
b) in the case of deliveries with installation or assembly on the day of acceptance in own operation or, if agreed upon, after perfect trial operation.
2. When the shipment, the delivery, the beginning, the implementation of the
Installation or assembly, takeover in own operation or trial operation is delayed for reasons for which the purchaser is responsible or the purchaser is in default of acceptance for other reasons, the risk is transferred to the purchaser.
VI. Installation and assembly
Unless otherwise agreed in writing, the following provisions apply to installation and assembly:
1. The customer has to take over at his expense and to provide on time:
(a) All earthworks, construction and other ancillary activities outside the industry, including
the specialist and auxiliary personnel, building materials and tools required for this,
b) the required items for assembly and commissioning
and materials, such as scaffolding, hoists and other devices, fuels and lubricants,
c) energy and water at the point of use, including connections, heating and lighting,
d) at the installation site for the storage of the machine parts, equipment, materials, tools, etc., sufficiently large, suitable, dry and lockable rooms and working and recreation rooms adequate for the installation personnel, including the circumstances of appropriate sanitary facilities; In addition, in order to protect the possession of the supplier and the installation personnel on the construction site, the customer must take the measures which he takes to protect his own property
e) Protective clothing and protective equipment, due to special circumstances
the mounting point are required.
2. Before commencing assembly work, the customer must provide the necessary information on the location of concealed electricity, gas, water pipes or similar equipment as well as the required static information without being asked
3. Before commencing erection or erection, the equipment and objects required to commence the work must be at the installation or assembly point and all preparatory work must be well advanced before commencement of erection so that installation or assembly commences as agreed and is carried out without interruption can. Access routes and the installation or assembly station must be leveled and cleared.
4. If the installation, assembly or commissioning is delayed due to circumstances for which the supplier is not responsible, the customer shall bear the costs of the waiting time and additional travel required by the supplier or assembly personnel to an appropriate extent.
5. The orderer must certify the supplier of the duration of the working time of the assembly personnel and the completion of the installation, assembly or commissioning without delay.
6. If the supplier requests the acceptance of the delivery after completion, the orderer must undertake it within two weeks. If this does not happen, the acceptance is deemed to have taken place. The acceptance shall also be deemed to have taken place if the delivery - possibly after the conclusion of an agreed test phase -
has been take into use.
The customer may not refuse to accept deliveries due to insignificant defects.