1. |
General data / conclusion of a 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 currently valid
version
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1.2 |
For all 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. Other terms and conditions are explicitly
excluded.
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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 the right for 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
requires 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 costs
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 to be understood plus 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 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 |
The seller does not take an exercise risk. He is entitled to cancel the
contract, if he does not receive the consigned good himself despite of the
former conclusion of a corresponding contract; the responsibility of the
seller for intent or negligence remains unaffected. The seller will
immediately inform the buyer, if the consigned good is not available in time
and, if he wishes to cancel the contract, exercise the right to withdraw
from the contract; in case of a withdrawal the seller will immediately
compensate the corresponding reward.
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3.4 |
If periods cannot be observed due to force majeure, e.g. mobilisation,
war, revolt or simular events, e.g. strike or lockouts, the periods are
prolonged appropriately:
Furthermore we cannot be made liable for the
said circumstances, if they occur during an already existing delay.
We will inform our customers about beginning and end of such obstacles in
important cases as soon as possible. |
3.5 |
The seller can be made liable for a delay in performance in case of intent
or gross negligence of the seller or an agant or servant according to law.
In other cases of the delay in performance the liability of the seller is
limited for compensation for damages besides the performance to 50% of the
value of the consignment, for compensation for damages instead of the
performance to 50% of the value of the consignment. Further claims of the
buyer are excluded, also after the period has expired, given by the seller
to perform. The said limitation is not valid for the liability due to the
harm of life, body or health. A change of the onus of proof to the
disadvantage of the buyer is not connected with the regulations said.
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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 by the route and the firm entrusted with
the delivery to our judgement, if the customer does not give explicit
instructions. If the customer chooses another forwarder, the occuring
costs have to be charged directly to the buyer, not to the GSG
Geologie-Service GmbH.
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5. |
Instructions for return
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5.1
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Return
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As consumer you are able to return the good received without noting any
reason within 2 weeks by returning the good. The period begins with receipt
of the good and this instruction earliest. Only in case of goods, which
cannot be dispatched in a usual parcel (e.g. bulky goods), you are able to
explain the return by a demand on cancelling in written form (e.g. letter,
fax, mail). The period is observed, if the good or the demand has been
dispatched in time. In any case a return inside of the EC is made on our
account and danger. The return or the demand has to be addressed to:GSG
Geologie-Service GmbH
- Return -
Am Sand 9
97080 Wuerzburg
Germany
Please use the return form enclosed with your sending and observe that
not prepaid parcels will not be accepted by us. At returns inside of the EC
the shipping costs for the return will be reimbursed by the GSG
Geologie-Service GmbH. |
5.1
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Consequesnces ofa return |
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In case of an effective return the performance mutually received have to be
returned and benefits (e.g. advantages by using the device) have to be
released. In case of a degradation of the good compensation of damages can
be demanded.This does not apply, if the degradation of the good is only
due to its check - comparable with a check in a retail shop. By the way you
are able to avoid the duty to compensate damages by using the good not like
an owner as well as by refraining from doing everything reducing its value. |
6.
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Reservation of proprietary rights
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6.1 |
We reserve the proprietary rights of an 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 remodelling 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 on 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 2 years after delivery date that the
articles for sale are free of defects.
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7.2 |
We are not liable for damages and defects which were caused due to
unsuitable or 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 with unsuitable power sources.
The same applies for damages and defects, which can are due to 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.
Furthermore the seller is not liable for defects of the consignment, which
he receives from other persons and forwards unchanged to the orderer; the
responsibility in the case of intent or negligence persists.
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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 |
The buyer is obliged to indicate lacks of the good or of title to the
seller in written form within 2 months after the moment, in which he noticed
such a lack. This regulation is no cut-off-period for the rights of the
buyer concerning defects of the good. In commercial traffic additionally
§377 HGB apply.
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7.5 |
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 |
If not otherwise explicitly declared, further claims of the buyer -
independant on the cause in law, are excluded. |
7.8
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The seller can be made liable in cases of intent or gross negligence of
the seller or an agent or a servant according to law. Furthermore the
seller is liable according to the law for product liablitiy, for the
violation of life, body of health or for the culpable violation of
essential duties under the contract. The demand on the compensation of
damages for the violation of essential duties under the contract is,
however, limited to the damages, which are typical for this contract and
predictable. The liability for damages by the good to other legal goods of
the buyer (e.g. damages to to other products), are completely excluded.
The regulations of the phrases 3 and 4 of this clause are not valid in a
case of intent or gross negligence or in case of liablitiy to the
violation of life, body or health.
The regulation of the said clause 1
extends to compensation of damages besides performance and compensation of
damages instead of performance, independent on the case in law, expecially
in case of lacks, the violation of duties under the obligation or of
unauthorised action. The liablitiy for delay or impossibility is
determined in top 3. A change in the onus of proof to the disavantage of
the buyer is not combined with the said regulations. |
7.9 |
Any claims for damages (also in case of a failed amendment or subsequent
supply) can only be demanded in case of our intent or gross negligence or if
guaranteed qualitites are missing. As far as our liability is excluded, this
also applies for the personal liabilitiy of our employees, co-operators,
agents and servants. |
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, which 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 for 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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In case of delivery of software, additional to our terms and conditions, the
special licence conditions as well as further conditions of the producer are
valid.
The customer accepts the prevalence of these conditions with the receipt of
the software. |
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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Consents for export of deliveries objects which may be 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 as far as the
customer is a trader.
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 place of jurisdiction. |
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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