1. When placing your order you will receive the agreed terms of an order confirmation whose contents you as binding insofar confirm no immediate objection is made.
2. By purchasing and receiving the goods, you accept our Terms of Service as binding. Verbal agreements, unless confirmed in writing, are void.
3. Should be adopted in order and it confirmed a contract with regard to the items listed below no agreements have been made, the following conditions are part of the contract:
II. Scope of Supply
1. The delivery will be determined by our written order confirmation.
2. Structural or design changes that are attributable to the improvement in technology and demands of the legislature, during the delivery time without notice, provided that the delivered item is not significantly changed and the changes are reasonable for the customer.
3. You will receive the goods in stock, plus shipping costs, plus VAT. VAT, by freight or parcel service.
III. Cancellation costs
The Purchaser shall unjustified from a placed order, we may, without the ability to make a higher actual damages, claim 10% of the sales price for the costs incurred in processing the order and for lost profits. The purchaser has the right to prove lower damages.
IV. Packing and Shipping
1. Packaging shall become the property of the customer and charged by us. Postage and packing charges will be billed separately. The choice of shipping is at our discretion.
2. Shipping is only at the express request with a transport carrier of your choice. In all other cases, it is free to DEGETEC to select an appropriate considering the cost, the requirements of dispatch for you.
3. Goods must be checked immediately upon receipt. Resulting complaints, in respect to any shipping and transport damage, the company DEGETEC must be notified in writing immediately.
4. For goods in which justify damage from the transport, does not apply for non- compliance with the objektions deadline of two business days from receipt of goods, any warranty claim.
5. For shipping damage, a carrier's delivery confirmation is lodged with the message.
6. Upon receipt of the goods, the packaging must be checked by the receiving users, like the packaging is damaged, notify the delivery person, and this is to be noted in writing on the receipt of the transporter.
7. Failure to observe these aforementioned omitted for DEGETEC, considering that this has not acted intentionally or with gross negligence, any liability.
V. Acceptance and Transfer of Risk
1. The buyer is obliged to accept the delivery item. Unless otherwise agreed ( delivery by us ) the transfer takes place at our headquarters. The purchaser is entitled to inspect the goods within fourteen days of receipt of notification of availability or other notification of the completion of the transfer location. The buyer has the obligation to accept the delivery item within the same period, unless he is temporarily prevented from accepting fault.
2. If the purchaser upon acceptance of the purchase object for more than fourteen days from receipt of notification of availability intent or gross negligence in arrears, we are entitled to withdraw from the contract or claim damages for non-performance by granting an extension for another fortnight. The setting of a grace period is not required if the customer acceptance seriously and finally refuses or is obviously within the time for payment of the purchase price is not capable.
3. The danger with the acceptance of the delivery item to the customer. If the customer declares that he will not accept the delivery item, the risk of accidental loss or accidental deterioration of the delivery item at the time of the refusal to the purchaser about.
VI. Price changes
Price changes are permitted, if the period between conclusion of the contract and the agreed delivery more than four months. Increase thereafter until the completion of the delivery wages, material costs or market cost prices, we are entitled to increase the price appropriately according to the cost increases. The customer is only entitled to withdraw if the price increase exceeds the increase in the general cost of living between order and delivery significantly. If the customer is a merchant, a legal entity under public law or a public law special fund , price changes according to the above rule are allowed if there are more than six weeks between the contract and the agreed delivery date.
1. We assume in the following manner the liability for defects in the goods supplied:
a) During a period of six months after the adoption of the delivery item, the purchaser is entitled to elimination of errors (improvement). Can we add our warranty obligations underlying fault is not removed or for the Purchaser further attempts unacceptable, the purchaser can demand instead of rectification conversion (cancellation of contract) or reduction ( reduction in price ).
b) Normal wear and tear is excluded from the warranty in any case.
2. Because of further claims and rights, we are liable only in cases of willful intent or gross negligence. Any further liability is excluded.
3. If the buyer in the course of its business, the warranty is excluded.
4. In the event of an unfounded complaint (no fault could be detected , or operator error ) the goods are returned to a calculation processing and transportation expenses.
5. The DEGETEC reserves the right to pass on calculation of costs of its suppliers in such cases, it has not acted intentionally or with gross negligence.
6. For goods that are not based on the DEGETEC, or for which there is no contractual service agreement, the DEGETEC reserves the merchandise, after consultation, not repaired and returned against payment of a processing fee and the transportation costs.
7. This also applies to goods which are sent in to us, whether for temporary or guarantee taking into account previously mentioned points are outside any warranty.
VIII. Retention of Title
1. We retain title to the delivered goods until payment.
2. In breach of contract, in particular default in payment, we are entitled to recover after a warning and the customer is obliged to surrender.
3. The assertion of the title and the seizure of the goods supplied by us shall not constitute withdrawal from the contract, unless the provisions of the Consumer Credit Act application or this is expressly stated by us in writing. When used for merchants, a legal entity under public law or a public special assets beyond the following applies:
4. The buyer is entitled to resell the delivered goods in the ordinary course of business; however, he assigns all claims in the amount agreed upon between us and the customer purchase price ( including VAT) incurred by the buyer from the resale, regardless of whether the delivered goods are resold without or after processing. To collect this receivable, the buyer is entitled to their assignment. Our authority to collect the claims ourselves remains unaffected, however, we undertake not to collect the claims as long as the customer fulfills his payment obligations properly and is not in default of payment. If this is the case, we may require that the purchaser of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and informs the debtors (third parties ) of the assignment.
5. The processing or transformation of the goods by the customer is always done for us. If the delivered goods are processed with other objects not belonging to us, we acquire co-ownership of the new item in proportion to the value of the delivered goods to the other processed items at the time of processing.
6. If the delivered goods are inseparably mixed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the delivered goods to the other processed items. The Buyer shall store the co-ownership for us.
7. The customer may neither pledge the delivered goods, even by way of security. Of seizures, seizure or other third party, the Buyer must notify us immediately and provide us with all information and documents that are required to protect our rights. Enforcement officials or a third party must be on our property.
8. We agree that the said securities to release any requested by the customer, as the value of their secured claims to the extent they are not settled, by more than 20%.
IX. Terms of Payment
1. The purchase price and the charges for additional services shall be due on delivery of the delivery item for payment.
2. All prices are net, payable out of a special written agreement, within seven days after the invoice date, plus VAT.
3. Checks and bills of exchange shall only as payment after redemption. The exchange receipt always requires a prior written agreement with us. If bills of exchange, the bank discount and collection charges are calculated. They are to be paid immediately in cash.
4. For the first or second delovery of goods depending on agreement applies advance cash payment or cash on delivery.
5. Default interest will be charged at 5 per cent pa above the rate / base rate of the Deutsche Bundesbank. They are higher or lower, if we prove a strain with a higher interest rate or if the customer proves a lower charge.
6. If the customer is a merchant, a legal entity under public law or a public law special fund, the withholding of payments is due to any counterclaims not recognized by us the customer is not permitted, nor that any offsetting.
X. Place of Performance and Jurisdiction
1. Performance is our headquarters.
2. For all disputes arising from the contractual relationship is when the customer is a merchant, a legal entity under public law or a public law special fund, to bring the action before the court, which is responsible for our headquarters. We are also entitled to sue at the headquarters of the customer.
3. It applies exclusively to German law to the exclusion of the law on the international sale of goods, even if the customer has its registered office abroad.
XI . Other
1. Transfer of rights and obligations of the Purchaser under the contract concluded with us to require our written consent.
2. Should one or more of the o.g. Provisions be or become invalid, the validity of the other provisions shall remain unaffected.