General Terms and Conditions of SK UV Gele GmbH
General Terms and Conditions
General Terms and Conditions of SK UV Gele GmbH
We sell exclusively to professionals. A sale to consumers does not take place.
- § 1 General
1. Our general terms and conditions apply exclusively to our offers, deliveries and services.
2. Our general terms and conditions apply exclusively; we do not recognize conflicting or deviating general terms and conditions of the customer unless we have expressly agreed to their validity in writing. Our General Terms and Conditions shall also apply if we provide our services without reservation despite being aware of contrary or deviating terms and conditions of the customer. In commercial business transactions, counter-confirmations with reference to terms and conditions of business or purchase are hereby expressly contradicted. This also applies if these are forwarded by confirmation letter.
- § 2 Conclusion of contract
1. All offers are subject to confirmation and non-binding. Public statements made by the seller, the manufacturer, their assistants or third parties do not represent descriptions that supplement or alter the characteristics of the delivery item. The essential characteristics of the goods offered by us as well as the validity period of limited offers can be found in the individual descriptions of our offers. The language available for the conclusion of the contract is exclusively German.The customer’s order constitutes a binding offer which we can accept within one week by sending the order confirmation by e-mail. The customer needs to immediately check the order confirmation and report any discrepancies to his order in writing within 2 days. After this period, objections regarding the contract are excluded.
2. We do not assume any procurement risk. We are entitled to withdraw from the contract if we do not receive the manufacturing equipment despite the prior conclusion of a corresponding purchase contract on our part; our responsibility for intent or negligence remains unaffected. We shall inform the Buyer without delay of the untimely availability of the equipment and, if we wish to withdraw, exercise the right of withdrawal without delay; in the event of withdrawal, we shall reimburse the Buyer without delay for the corresponding return service.
3. We shall only become a contractual partner if it is not expressly pointed out within the ordering process that an offer has been mediated.
4. We reserve proprietary rights and copyright on all samples, cost estimates, offers, catalogues, brochures, illustrations, drawings and separate comparable documentation. This also applies to written documents which are marked as “confidential”. The customer requires our express prior consent before these may be forwarded to third parties.
- § 3 Prices and payments
1. The price stated by us in the written order confirmation is binding. The prices are in Euro and are net prices plus the applicable value added tax. Additional delivery and shipping costs will be charged and will be shown separately in the written order confirmation.
2. If the price has increased at the time of performance due to a change in the market price or due to an increase in the fees charged by third parties involved in the performance, we reserve the right to demand the increased price. If this is 20% or more above the price agreed in the order confirmation, the customer has the right to withdraw from the contract. This right must be exercised immediately after notification of the increased price.
3. Unless otherwise agreed, the goods shall be dispatched exclusively against prepayment. If the goods are shipped against invoice, payment is due within 7 days of receipt and without deduction. Payments shall be made to us free of costs and expenses. In the event of delayed payment, the legal regulations shall apply.
4. The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by us. The customer shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
- § 4 Retention of title
1. The goods remain the property of SK UV Gele GmbH until full payment has been received.
- § 5 Delivery
1. The customer shall bear the costs of shipment, which shall be shown separately within the concrete offer.
2. If delivery periods have been specified by us and made the basis for placing the order, such periods shall be extended in the event of strike or force majeure for the duration of the delay. The same applies if the customer does not fulfil any obligations to cooperate.
3. Unless otherwise stated in an order confirmation, delivery shall be ex works. The customer must therefore examine deliveries immediately after receipt for freedom of defects and completeness. Complaints of any kind must be reported to us in writing immediately, but at the latest within 2 working days after receipt of the goods. If the customer fails to notify us in writing of an obvious defect or shortfall within the aforementioned period, our performance shall be deemed to be in accordance with the contract.
- § 6 Warranty
1. The warranty period is 1 year and starts with the transfer of risk. In the event of a delivery recourse in accordance with §§ 478, 479 BGB (German Civil Code), the legal period of limitation applies unaffected. This does not apply in the case of claims for damages due to defects. For damage claims on the basis on a defect, §6 shall apply.
2. Warranty claims do not exist in case of merely insignificant deviation of the goods from the agreed quality or in case of merely insignificant impairment of usability.
3. In the event of a defect, we reserve the right to choose the type of rectification.
4. Regardless of our further claims, in the event of an unjustified notice of defects, the
customer shall reimburse us for the costs of inspection and – if required – for rectifying the defect.
- § 7 Liability
1. Our liability for contractual breaches of duty is limited to intent and gross carelessness. This does not apply to injury to life, body and health of the customer, claims due to the breach of cardinal obligations, i.e. obligations arising from the nature of the contract and the breach of which endangers the achievement of the purpose of the contract and compensation for damage caused by delay (§286 BGB). In this respect we are liable for every degree of fault. As far as damages are concerned, which do not result from the injury of life, body and health of the customer, we are liable however only for damages typically arising.
2. The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by our auxiliary persons.
3. Insofar as liability for damages for slight negligence which are not based on injury to life, limb and health of the customer is not excluded, such claims shall become statute-barred within one year beginning with the occurrence of the claim or, in the case of claims for damages due to a defect, from the handover of the merchandise.
4. Insofar as our liability for damages is excluded or limited, this shall also be valid with regard to the personal liability for damages of our employees, workers, co-workers, representatives and vicarious agents.
5. Insofar as the Customer processes, mixes or combines the delivery item with other items (hereinafter referred to as “processed” with regard to the delivery item), it shall be the sole responsibility and liability of the Customer to comply with the relevant statutory regulations and requirements in the event of resale or other further use of the processed delivery item. Our liability in this respect is excluded.
6. Passage of risk in case of dispatch according to §447 BGB [Civil Code] If the seller sends the sold item to a place other than the place of performance at the buyer’s request, the risk shall pass to the buyer as soon as the seller informs the forwarder, the carrier or the person or institution otherwise required to carry out the shipment.
- § 8 Place of performance – applicable law – jurisdictional venue
1. Unless otherwise specified in the contract, the place of performance and payment shall be our place of business. The statutory provisions on the place of jurisdiction shall remain unaffected, unless the special provision in paragraph 3 provides otherwise.
2. The law of the Federal Republic of Germany applies, the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
3. The exclusive place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law shall be the court responsible for our registered office.
- § 9 Miscellaneous
1. The products delivered by us in the territory of the Federal Republic of Germany are intended for use and for remaining in the Federal Republic of Germany. Import and export of products may be subject of approval by the customer. The customer is therefore obliged to inform himself independently about the applicable regulations and to comply with them. In the event of a violation of the regulations, the customer shall be fully liable for the resulting damage.
2. For technical reasons, the product photographs presented by us cannot accurately reproduce the natural color and actual size of the products. Color deviations are therefore possible and do not indicate a deficiency.
3. Verbal commitments made by our representatives or other auxiliary persons require our written confirmation.
4. Should any provision of these general terms and conditions be or become ineffective, this shall not affect the validity of the remaining terms and conditions.
We observe the terms of the German Telemedia Act (TMG) and all other data protection regulations. We collect, store and use personal data exclusively for the fulfilment of the contractual relationship with the contractual partner. We are entitled to pass on customer data to third parties insofar as this is necessary for the processing of the contractual relationship. In accordance with the Federal Data Protection Act (BDSG), we will provide you with information about the data stored by us at any time. On request, you can also demand the correction, deletion or blocking of your data in accordance with the provisions of the Federal Data Protection Act. For this please contact us by mail.
By visiting our website, information about the access (date, time, page viewed) can be stored. These data do not belong to the personal data, but they are made anonymous. They are evaluated exclusively for statistical purposes. It will not be passed on to third parties for commercial or non-commercial purposes.