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GTC

 

General terms and conditions for legal transactions between I.T. Intertechnik Kerpen GmbH and consumers.

  1. 1 Scope
    1. The following General Terms and Conditions apply to legal transactions between I.T. Intertechnik Kerpen GmbH and consumers.
    2. Any provisions to the contrary and deviating from these GTCs are not recognised and are hereby expressly objected to as a precautionary measure. This objection shall also apply in the event that the consumer has prescribed a special form for the objection. If an objection is excluded, the statutory provisions shall take the place of contradictory terms and conditions. An acknowledgement of deviating terms and conditions of purchase shall only come into effect if their application has been expressly confirmed in writing by I.T. Intertechnik Kerpen GmbH.
  2. 2 Conclusion of contract
    1. The offered goods do not represent legally binding offers of I.T. Intertechnik Kerpen GmbH according to 145 BGB, but are non-binding invitations to the consumer to place a binding order for goods.
      2. .
    2. No liability is accepted for the correctness, completeness and up-to-dateness of the texts and illustrations presented. Verbal information provided outside of a written order is non-binding. Texts and illustrations already received are for information purposes only. They are non-binding and do not release the user from his or her own duty of verification.
    3. By placing an order, the consumer makes a binding offer to conclude a purchase contract.
      By placing the order, the consumer assures his solvency and creditworthiness.
      By placing the order, the consumer accepts the GTCs. The consumer's offer shall become binding upon receipt by I.T. Intertechnik Kerpen GmbH.
    4. I.T. Intertechnik Kerpen GmbH is entitled to accept the consumer's offer within a period of 14 calendar days by sending an order confirmation or by sending the ordered goods. The consumer waives the submission of an express declaration of acceptance. After fruitless expiry of the deadline, the consumer's offer shall be deemed to have been rejected.
    5. If an ordered product cannot be delivered, I.T. Intertechnik Kerpen GmbH reserves the right to offer the consumer an equivalent product in terms of price and quality by sending it to the consumer. The consumer is of course free to accept this offer. Should the offer not be accepted by the consumer, the consumer is requested to return the goods at the risk and expense of I.T. Intertechnik Kerpen GmbH.
    6. If, after the acceptance of the order, justified doubts about the consumer's solvency or creditworthiness arise, I.T. Intertechnik Kerpen GmbH is entitled to either make the fulfilment of the contract dependent on an advance payment or the provision of security or to withdraw from the contract.
  3. 3 Cancellation policy
    You have the right to cancel this contract within fourteen days without giving any reason.The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods. However, the period does not begin until the contract of sale has become binding on you by your approval of the item purchased.

    To exercise your right of withdrawal, you must clearly inform us (I.T. Intertechnik Kerpen GmbH, Europaring 28, 50170 Kerpen) of your withdrawal by letter, fax  or e-mail. You can use the following sample withdrawal form for this purpose, which is, however, not mandatory.

Sample cancellation form
(If you wish to cancel the contract, please complete and return this form.)


To I.T. Intertechnik Kerpen GmbH, Europaring 28, 50170 Kerpen, Fax: (+49) 02273 908435, E-Mail: info @ intertechnik.de

I/we hereby revoke the contract concluded by me/us for the purchase of the following goods : ________________

Ordered on_________________/received on ____________________

Your name

Your address

Your signature

Date

 

    1. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

      Consequences of cancellation:
      In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived must be surrendered.
      If the services received cannot be returned by the consumer in full or in part or only in a deteriorated condition, the consumer must pay compensation for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible in a shop, for example. In addition, the obligation to pay compensation can be avoided by the consumer not using the goods as if they were his own property and refraining from doing anything that could impair their value.
      Goods that can be sent by parcel post are to be returned at the risk of I.T. Intertechnik Kerpen GmbH.
      The costs of the return shipment are to be borne by the consumer if the delivered goods correspond to the ordered goods and the price of the goods to be returned does not exceed an amount of 40.00 or if, in the case of a higher price of the goods, the consideration or a contractually agreed partial payment has not yet been made at the time of the revocation.
      End of the revocation instructions

  1. 5 Terms of delivery
    1. Delivery shall be effected by shipment ex warehouse to the delivery address notified by the consumer.
    2. The delivery dates stated in an order confirmation do not constitute fixed dates. They are approximate.
    3. If delays in delivery are due to reasons for which I.T. Intertechnik Kerpen GmbH is not responsible (e.g. force majeure, fault of third parties), the delivery period shall be extended accordingly. The consumer will be informed immediately. If the delays last longer than 4 weeks after conclusion of the contract, each party is entitled to withdraw from the contract. Further claims for damages are excluded.
    4. If after the confirmation of acceptance by I.T. Intertechnik Kerpen GmbH the non-deliverability of a good should become apparent, I.T. Electronic GmbH shall be entitled to withdraw from the contract. I.T. Intertechnik Kerpen GmbH undertakes to inform the consumer immediately about the non-availability and to refund the consideration without delay.
      5. .
    5. In the event of a delay in delivery for which I.T. Intertechnik Kerpen GmbH is responsible, the consumer shall be entitled to withdraw from the contract in whole or in part if he has previously set in writing a reasonable period of grace for fulfilment of 2 weeks, which period shall begin to run when the consumer submits his request for an extension.
    6. The buyer can only claim damages for non-performance if I.T. Intertechnik Kerpen GmbH or its vicarious agents have caused the damage intentionally or by gross negligence. The extended liability of 287 BGB is excluded.
  2. 6 Terms of payment, due date and default
    1. All prices quoted are inclusive of the statutory VAT applicable at the time, excluding the costs of packaging and shipping at the time of the order.
    2. In order to safeguard the credit risk in individual cases, I.T. Intertechnik Kerpen GmbH reserves the right to exclude certain types of payment and to carry out orders only against advance payment cash on delivery/ or immediate payment on delivery.
      3. .
    3. The purchase price shall become due as soon as the order has been confirmed by I.T. Intertechnik Kerpen GmbH or the ordered goods have been delivered to the consumer.
    4. The consumer shall be in default at the latest 30 days after the due date and receipt of the invoice or equivalent payment schedule. Otherwise, default shall occur if a due payment request is not settled within the payment period set by I.T. Intertechnik Kerpen GmbH
      5. .
    5. From default of the invoice amounts, consumers shall be charged default interest in the amount of 5% above the base interest rate.
  3. 7 Retention of title
    1. The ordered or delivered goods remain the property of I.T. Intertechnik Kerpen GmbH until payment has been made in full.
    2. Prior to the transfer of ownership, a resale, use, transfer of ownership by way of security, other disposals without the consent of I.T. Intertechnik Kerpen GmbH is not permitted.
  4. 8 Warranty
    1. The consumer is requested to notify the forwarder or carrier of obvious defects. Statements of facts are to be requested from the carrier at the time of final loading of the goods.
    2. Complaints of obvious defects must be reported in writing within a period of 14 days after receipt of the goods.
    3. Hidden defects must be reported after the consumer has become aware of them, observing the maximum notification period of 2 years after delivery.
    4. The consumer's warranty claim shall extend to either rectification or replacement delivery at the discretion of I.T. Intertechnik Kerpen GmbH. The consumer reserves the right to reduce the purchase price or to withdraw from the purchase contract in the event of a failed rectification and/or subsequent performance. The consumer has to keep the rejected goods available and, after consultation with I.T. Intertechnik Kerpen GmbH, to send them back to I.T. Intertechnik Kerpen GmbH properly packed at the expense and risk of I.T. Intertechnik Kerpen GmbH, if I.T. Electronic GmbH is to carry out a subsequent improvement.
      If a replacement delivery is agreed, the consumer is obliged, after receipt of the replacement delivery, to send the defective goods back to I.T. Intertechnik Kerpen GmbH properly packed at the risk and expense of I.T. Intertechnik Kerpen GmbH.
      5. .
    5. The consumer's claim for compensation is excluded, unless there is an injury to life, body or health of the consumer, which can be attributed to a negligent breach of duty of I.T. Intertechnik Kerpen GmbH or an intentional or negligent breach of duty of a legal representative or vicarious agent of I. T. Intertechnik Kerpen GmbH. T. Intertechnik Kerpen GmbH or other damages are based on a grossly negligent breach of duty of I.T Electronic GmbH or an intentional or grossly negligent breach of duty of a legal representative or vicarious agent of I.T. Intertechnik Kerpen GmbH.
  5. 9 Applicable law and final provisions
    1. German law shall apply exclusively.
    2. The place of performance and jurisdiction, insofar as legally permissible, for both parties shall be the registered office of I.T. Intertechnik Kerpen GmbH in Kerpen.
    3. If one or more provisions of these GTCs are or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the - legally permissible - appropriate provision that comes closest to the intended purpose, in particular in economic terms.

The following:
General Terms and Conditions for legal transactions between I.T. Intertechnik Kerpen GmbH and tradesmen and companies.

  1. 1 Scope
    1. These Terms and Conditions of Sale shall apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 10 (1) of the German Civil Code (BGB). Any terms and conditions of the purchaser that conflict with or deviate from these Terms and Conditions of Sale shall only be recognised if I.T. Intertechnik Kerpen GmbH issues an express declaration of consent.
    2. These Terms and Conditions of Sale shall also apply to all future transactions with the orderer, insofar as these are legal transactions of a related nature.
  2. 2 Conclusion of contract
    1. The goods offered do not represent legally binding offers of I.T. Intertechnik Kerpen GmbH according to 145 BGB (German Civil Code), but are non-binding invitations to the orderer to place a binding order for goods.
    2. No liability is accepted for the correctness, completeness and up-to-dateness of the texts and illustrations presented. Verbal information provided outside of a written order is non-binding. Texts and illustrations already received are for information purposes only. They are non-binding and do not release the user from his or her own duty of verification.
    3. I.T. Intertechnik Kerpen GmbH reserves the property rights and copyrights to all documents provided to the customer in connection with the placing of the order, such as calculations, drawings, etc. These documents may only be made accessible to third parties. These documents may only be made accessible to third parties if I.T. Intertechnik Kerpen GmbH gives its explicit consent.
    4. By placing an order, the orderer submits a binding offer for the conclusion of a purchase contract.
      By placing an order, the orderer assures his solvency and creditworthiness.
      By placing an order, the orderer accepts the General Terms and Conditions.
      The orderer's offer becomes binding upon receipt by I.T. Intertechnik Kerpen GmbH.
    5. I.T. Intertechnik Kerpen GmbH is entitled to accept the orderer's offer within a period of 14 calendar days by sending an order confirmation or by sending the ordered goods. The purchaser waives the submission of an express declaration of acceptance. After fruitless expiry of the deadline, the orderer's offer shall be deemed to have been rejected.
    6. If, after acceptance of the order, justified doubts arise regarding the payment or creditworthiness of the entrepreneur, I.T. Intertechnik Kerpen GmbH shall be entitled to either make the fulfilment of the contract dependent on an advance payment or provision of security or to withdraw from the contract.
  3. 3 Prices and Payment
    1. Unless otherwise agreed in writing, prices are ex works plus VAT at the applicable rate. The costs of shipping shall be invoiced separately.
    2. Payment of the purchase price must be made exclusively to the account stated overleaf. The deduction of a discount is only permissible with a special written agreement.
    3. Unless otherwise agreed, the purchase price shall be paid within 10 days of delivery.
      Interest on arrears shall be charged at a rate of 8% above the respective base rate. We reserve the right to assert a higher damage caused by default.
  4. 4 Offsetting and right of retention
    The customer shall only be entitled to offset if his counterclaims have been legally established or are undisputed. The customer shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
  5. 5 Delivery time, delivery conditions
    1. Delivery shall be effected with shipment ex warehouse to the delivery address notified by the entrepreneur.
    2. The delivery dates stated in an order confirmation do not constitute fixed dates. They are approximate.
    3. The commencement of the delivery period stated by I.T. Intertechnik Kerpen GmbH is subject to the timely and proper fulfilment of the customer's obligation. The objection of non-fulfilment of the contract shall remain reserved.
    4. If the orderer is in default of acceptance or if he is culpably responsible for other duties to cooperate, I.T. Intertechnik Kerpen GmbH shall be entitled to demand compensation for the damages incurred in this respect, including any additional expenses. I.T. Intertechnik Kerpen GmbH reserves the right to assert further claims. Insofar as the aforementioned prerequisites exist, the risk of accidental loss or accidental deterioration of the object of purchase shall pass to the orderer at the point in time at which the orderer is in default of acceptance or debtor's default.
    5. If delays in deliveries are due to reasons for which I.T. Intertechnik Kerpen GmbH is not responsible (e.g. force majeure, fault of third parties), the delivery period shall be extended accordingly. The entrepreneur shall be informed of this immediately. If the delays last longer than 4 weeks after conclusion of the contract, each party shall be entitled to withdraw from the contract. Further claims for damages are excluded.
    6. If after the confirmation of acceptance by I.T. Intertechnik Kerpen GmbH the non-deliverability of a good should become apparent, I.T. Intertechnik Kerpen GmbH is entitled to withdraw from the contract. I.T. Intertechnik Kerpen GmbH undertakes to inform the entrepreneur immediately about the non-availability and to refund the consideration without delay.
      7. .
    7. In the event of a delay in delivery for which I.T. Intertechnik Kerpen GmbH is responsible, the entrepreneur shall be entitled to withdraw from the contract in whole or in part if he has previously set a reasonable grace period for performance of 2 weeks in writing, which period shall begin to run when the entrepreneur submits his request for a grace period.
    8. The entrepreneur can only claim damages for non-performance if I.T. Intertechnik Kerpen GmbH or its vicarious agents have caused the damage intentionally or by gross negligence. The extended liability of 287 BGB is excluded.
  6. 6 Transfer of risk in case of shipment
    If the goods are shipped to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, at the latest upon leaving the factory/warehouse. This shall apply regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.
  7. 7 Retention of title
    1. I.T. Electronic GmbH retains ownership of the delivered goods until full payment of all claims arising from the delivery contract. This also applies to all future deliveries even if I.T. Electronic GmbH does not explicitly refer to this. I.T. Intertechnik Kerpen GmbH shall be entitled to take back the goods if the customer acts in breach of contract.
    2. The orderer is obliged to treat the object of purchase with care as long as the ownership has not yet passed to him. In particular, he is obliged to insure it sufficiently at his own expense against theft, fire and water damage at the replacement value
      As long as the ownership has not yet passed to him, the customer has to inform I.T. Intertechnik Kerpen GmbH immediately if the delivered object is seized or exposed to other interventions by third parties. As far as the third party is not able to reimburse the judicial and extrajudicial costs of an action according to 771 ZPO, the orderer shall be liable for the loss incurred by I.T. Intertechnik Kerpen GmbH.
    3. The orderer is entitled to resell the reserved goods in the normal course of business. The purchaser hereby assigns to I.T. Intertechnik Kerpen GmbH the claim of the customer arising from the resale of the goods subject to retention of title in the amount of the final invoice amount (including VAT) agreed with I.T. Intertechnik Kerpen GmbH. This assignment shall apply irrespective of whether the object of sale has been resold without or after processing. The customer remains authorised to collect the claim even after the assignment. The authority of I.T. Intertechnik Kerpen GmbH to collect the claim itself remains unaffected by this. However, I.T. Intertechnik Kerpen GmbH shall not collect the claim as long as the orderer meets his payment obligations from the collected proceeds, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or there is no cessation of payment.
    4. The securities to which I.T. Intertechnik Kerpen GmbH is entitled shall be released insofar as their value exceeds the claim to be secured by more than 20 %.
  8. 8 Notice of warranty and defects as well as withdrawal/manufacturer recourse
    1. Warranty rights of the Buyer presuppose that he has duly complied with his inspection and notification obligations owed under 377 of the German Commercial Code (HGB).
    2. Claims for defects shall become statute-barred 12 months after delivery of the goods supplied by I.T. Intertechnik Kerpen GmbH to the customer. The warranty is excluded for the consumption of used goods.
      The above conditions do not apply if the law according to 438 Para. 1 No. 2, 479 Para. 1 BGB and 634 a Para. 1 BGB prescribes longer periods.
      Prior to any return of the goods, the consent is to be obtained.
    3. If, despite all due care, the delivered goods show a defect which was already present at the time of the transfer of risk, the goods shall be repaired or a replacement delivered at the discretion of I.T. Intertechnik Kerpen GmbH, subject to timely notification of defects. I.T. Intertechnik Kerpen GmbH shall be given the opportunity for subsequent performance within a reasonable period of time. Recall claims shall remain unaffected by the above provision without restriction.
    4. If the subsequent performance fails, the orderer may withdraw from the contract or reduce the remuneration. The entrepreneur shall keep the rejected goods available and, after consultation with I.T. Intertechnik Kerpen GmbH, return them to I.T. Intertechnik Kerpen GmbH properly packed at the expense and risk of I.T. Intertechnik Kerpen GmbH, if a subsequent improvement is to be carried out by I.T. Intertechnik Kerpen GmbH. Should a replacement delivery be agreed, the entrepreneur shall be obliged after receipt of the replacement delivery to return the defective goods to I.T. Intertechnik Kerpen GmbH properly packaged at the risk and expense of I.T. Intertechnik Kerpen GmbH.
    5. Deficiency claims shall not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of the usability, in the case of natural wear and tear as well as in the case of damage arising as a result of incorrect or negligent handling, excessive stress, unsuitable operating materials, defective construction work, unsuitable building ground or due to special influences which are not assumed under the contract. If the Buyer or third parties carry out improper repair work or modifications, there shall be no claims for defects for these and the resulting consequences.
    6. Claims of the orderer due to the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs, shall be excluded insofar as the expenses increase because the goods delivered by I.T. Intertechnik Kerpen GmbH were subsequently shipped to a place other than the orderer's branch office, unless the shipment corresponds to its intended use.
    7. Claims for rescission of the orderer against I.T. Intertechnik Kerpen GmbH shall only exist insofar as the orderer has not made any agreements with his customer which go beyond the legally mandatory claims for defects. The scope of the purchaser's right to withdraw from the contract against the supplier shall also be governed by clause 6.
      8. .
  9. 9 Miscellaneous
    1. This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods
      2. .
    2. The place of performance and exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of I.T. Intertechnik Kerpen GmbH, unless otherwise stated in the order confirmation.
    3. All agreements made between the parties for the execution of the contract are laid down in writing in this contract.
    4. If individual provisions of this contract should be ineffective or contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legal provision that comes closest to the economic purpose of the invalid provision or that fills this gap.
As of June 2014