General Terms and Conditions


» General Conditions for the Supply of Products and Services of the Electrical and Electronics Industry ("Grüne Lieferbedingungen" – GL) (ZVEI)

» Supplementary Clause: Extended Retention of Title (ZVEI)


All our contracts and services shall be subject to the following General Terms and Conditions (GTC). When placing an order with us or receiving a service from us the customer explicitly acknowledges the exclusive validity of these GTC. We are entitled to change or complement these GTC with a reasonable period of notice at any time. Previously received orders shall be processed according to the valid version of GTC at the time of the conclusion of contract.

Our General Terms and Conditions base on the „General Conditions for the Supply of Products and Services of the Electrical and Electronics Industry ('Gruene Lieferbedingungen' - GL) for commercial transactions between businesses“ (as of 01/2018) including „Supplementary clause: Extended Rentition of Title“ (as of 06/2011) of Zentralverband Elektrotechnik- und Elektronikindustrie e. V. (ZVEI), Stresemannallee 19, 60596 Frankfurt/Main, Germany.

Supplementary the following enhancements and deviations shall apply:


Article I: General Provisions (GL)

To 2.
Our offers are at all times non-binding. Agreements (order confirmation, invoice, etc.) are binding only upon our written confirmation.

To 4.
Each partial delivery is valid as independent commercial transaction.

To 5.
The information contained in all our publications do not represent any guarantee of characteristics exceeding the regular warranty pursuant to § 459 (2) German Civil Code [Buergerliches Gesetzbuch] (BGB). Such guarantees of characteristics require the management's written confirmation in order to be effective.

Additional 6.
Samples provided to the customer shall not apply as samples pursuant to § 494 BGB, but as test samples.


Article II: Prices, Terms of Payment and Set-Off (GL)

To 1.
Adjustments of agreed prices are permitted if wage costs and material costs have changed between the time of conclusion of contract and the time of delivery.

To 3.
The agreed settlement of the invoice amount must be available for the supplier on the date of maturity latest. Cheques will be credited less fees and shall be effective as of the day the supplier has access to the amount. Credit notes for cheques are subject to the actual cashing. In case of default in payment - regardless of the assertion of further delay damages - default interest will apply at the rate of at least 3 % p. a. above the discount rate of the German Central Bank, and at least in the amount of 6 % p. a.

The costumer shall bear the entire costs for collection of debts and any court and law enforcement costs. Discounts will not be granted if the customer is in arrears in the payment of previous invoices. Despite any contrary determination of the customer, payments are settled first against older debts, then against costs and default interest and finally against the main invoice. Generally, the supplier shall be entitled to assign its claims.

To 4.
The assertion of the right of retention in respect of unrecognized claims or claims which are not enforceable by law is explicitly excluded, unless these claims ensue from the same contract.


Article IV: Time for Supplies, Delay (GL)

To 1.
In case of service and development contracts, written date and price confirmations shall be considered to be non-binding reference dates/target prices, unless explicitly indicated to be binding, as unforeseen changes in schedule and prices may occur.


Article VIII: Defects as to Quality (GL)

To 1.
In case of justified complaints by the customer rectification of the defective goods or replacement delivery will be provided at the choice of the supplier. For remedy the customer shall grant the required reasonable time and opportunity free of charge, otherwise the warranty will lapse.

After repairs the supplier shall be exclusively liable for material defects of replaced or reconditioned parts.

All special agreements and collateral agreements regarding specific design, performance data and the like are non-binding, unless explicitly agreed. Quality characteristics demanded by the customer which go beyond the normal level of agreed manufacturing technology and intended purpose, are to be agreed separately.

To 8.
Claims of the customer regarding expenses required for the purpose of subsequent performance are fundamentally excluded.

Additional 11.
The supplier is not liable for defects caused by incorrect preliminary work or defective materials provided by the customer. Furthermore, the supplier is not liable for defects due to, despite a request, omitted or incorrectly performed corrective or testing activities by the customer.

Additional 12.
Warranty claims and claims for damages are entitled to the customer only and are not assignable.


Article XI: Impossibility of Performance; Adaptation of Contract (GL)

Additional 3.
Cancellation of orders for special productions shall not be possible. In case of cancellation during the construction or development phase costs already incurred plus a surcharge for lost profit will be charged to the customer.


Article XII: Other Claims for Damages (GL)

Additional 4.
Generally, the supplier shall be liable at maximum up to the amount of the contract value.


§1 Additional Specifications: Right of Revocation for private Consumers in Online Trading

The consumer may revoke a contract declaration within 14 days without giving reasons in text form (e. g. letter, fax, e-mail) or – if the goods are provided to the consumer before the period expires - by returning the delivery. The period commences upon receipt of this notification in text form, however not before receipt of the goods by the consumer or a third party (other than the carrier) named by the consumer (in the event of recurring delivery of similar goods, not before receipt of the first partial delivery thereof) and not prior to fulfillment of the suppliers information obligations pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) Introductory Act to the German Civil Code [Einfuehrungsgesetz zum Buergerlichen Gesetzbuch] (EGBGB) as well as the obligation pursuant to Article 312 e (1) sentence 1 BGB in conjunction with Article 246 § 2 EGBGB. For keeping the revocation period the punctual sending of the revocation or return of the goods is sufficient. The revocation must be sent to the supplier:

Dr. Clauß Bild- und Datentechnik GmbH
Turnhallenweg 5 a
08297 Zwoenitz
Germany

In the case of an effective revocation the mutually received benefits must be refunded and uses made thereof (e. g. interest) must be disbursed. If the consumer can not refund the received benefits wholly or partially or only in deteriorated condition to the supplier, the consumer is under obligation to pay compensation. This does not apply for the transfer of goods if the deterioration is exclusively caused by the inspection of the product - as it would have been possible in a retail store. If the deterioration was caused by the intentional operationalisation of the goods, no compensation must be paid. Goods that can be sent as packages are to be returned at the risk of the supplier, but adequately insured respective the value of the goods. The consumer bears the costs of the return shipment. Obligations to reimburse payments must be fulfilled within 14 days, but at the earliest after the receipt of the goods at the address of the supplier. The period commences with the sending of the revocation or the goods – for the supplier with the reception of it.
The right of revocation is excluded for special productions and services, also after or upon partial fulfillment.

 

Effective: April 2018

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