General Terms and Conditions

Terms and conditions

of GETT Gerätetech­nik GmbH as of 01. Feb­ru­ary 2011

1.) Gen­er­al

We sell and deliv­er exclu­sive­ly accord­ing to our con­di­tions men­tioned below, of which the valid­i­ty for all present and future con­tract of sales is agreed upon. Con­flict­ing con­di­tions of pur­chase or oth­er busi­ness con­di­tions of the pur­chas­er are not rec­og­nized by us, unless we express­ly agreed in writ­ing on their valid­i­ty. Our con­di­tions of deliv­ery and pay­ment do also apply if we car­ry out the deliv­ery of the pur­chas­er with­out reser­va­tion even though we know that the pur­chas­er has con­di­tions which are opposed to or devi­ate from our own con­di­tions of deliv­ery and payment. 

All agree­ments made between us and the pur­chas­er in order to exe­cute this con­tract are set forth in writ­ing in this contract.

Our con­di­tions of deliv­ery and pay­ment apply only to entre­pre­neurs with­in the mean­ing of § 310 sect. 1 of the Ger­man Civ­il Code 1 BGB.

2.) Offers, offer documents

Our offers are sub­ject to con­fir­ma­tion, unless a writ­ten indi­vid­ual offer states some­thing else.

Orders of the pur­chas­er are bind­ing for it for a dura­tion of 4 weeks. They may be revoked by the pur­chas­er, if it does not receive a writ­ten order con­fir­ma­tion from us with­in these 4 weeks. With the order con­fir­ma­tion the order becomes bind­ing for us. In case of imme­di­ate deliv­ery the invoice serves at the same time as an order confirmation. 

We reserve prop­er­ty rights and copy­rights for cost esti­mates, images, draw­ings, cal­cu­la­tions and oth­er doc­u­ments. This applies also to writ­ten doc­u­ments des­ig­nat­ed as “con­fi­den­tial“. Before pass­ing them to third par­ties, the pur­chas­er is required to obtain our express writ­ten con­sent. If a cost esti­mate is desired before repair works are car­ried out, this shall be express­ly spec­i­fied. The costs for the cost esti­mate shall be remunerated. 

If an order for the cre­ation of cus­tomer-spe­cif­ic solu­tions is placed, the pur­chas­er assures that all doc­u­ments, draw­ings and sam­ples pro­vid­ed to us as part of com­mis­sion­ing, are free of rights of third parties. 

3.) Make-and-hold orders

If in case of make-and-hold orders not all deliv­ery dates are deter­mined it shall be deemed agreed that the entire order vol­ume is tak­en by the pur­chas­er with­in a year after the date of order con­fir­ma­tion at the lat­est. Agree­ments devi­at­ing from this “make-and-hold order pro­vi­sion” are con­firmed by us in writ­ing with the order confirmation.

4.) Deliv­ery time

The begin­ning of the deliv­ery time indi­cat­ed by us requires the clar­i­fi­ca­tion of all com­mer­cial and tech­ni­cal issues. The adher­ence to our deliv­ery com­mit­ment requires fur­ther­more the time­ly and prop­er ful­fill­ment of all oblig­a­tions of the pur­chas­er. The objec­tion of the non-ful­filled con­tract remains reserved to us. 

If the pur­chas­er is in default of accep­tance or if it cul­pa­bly vio­lates oth­er oblig­a­tions to co-oper­ate we are enti­tled to claim com­pen­sa­tion for the dam­ages caused in this respect, includ­ing pos­si­ble addi­tion­al expen­di­tures. Fur­ther claims remain reserved. 

Changes desired by the pur­chas­er may cause an exten­sion of the deliv­ery peri­od. The deliv­ery peri­od is adhered to if until its expiry the deliv­ery item has left the fac­to­ry or readi­ness to dis­patch was communicated.

In case of default in deliv­ery the pur­chas­er does only have the right to with­draw, after hav­ing set a rea­son­able grace peri­od. Fur­ther claims, in par­tic­u­lar for dam­age com­pen­sa­tion, are excluded. 

Return con­sign­ments of any kind can only be accept­ed if the return mer­chan­dise autho­riza­tion num­ber issued before can be clear­ly rec­og­nized on the pack­age’s pack­ag­ing. Con­sign­ments of any kind which are not pre­paid are not accept­ed with­out our pri­or, writ­ten consent.

5.) Mod­i­fi­ca­tion of the tech­ni­cal specification

We reserve mod­i­fi­ca­tions serv­ing the tech­ni­cal progress with­out sep­a­rate notice.

In case of cus­tomer-spe­cif­ic prod­ucts we will car­ry out mod­i­fi­ca­tions serv­ing the tech­ni­cal progress only upon pri­or coor­di­na­tion with the pur­chas­er and if a cor­re­spond­ing writ­ten agree­ment is available.

6.) Prices, dis­patch, pack­ag­ing and insurance

Unless oth­er­wise agreed, our prices are net ex one of our ware­hous­es in the Fed­er­al Repub­lic of Ger­many exclud­ing pack­ag­ing, freight, expens­es and trans­port insur­ance. They are sep­a­rate­ly spec­i­fied on the invoice. Pric­ing and invoic­ing is car­ried out in EURO. In case of changes in costs and in case of exceedance of the con­tract peri­od of a make-and-hold order after con­clu­sion of the con­tract attrib­ut­able to the cus­tomer, we reserve the right to adapt the prices accordingly. 

Dis­patch is car­ried out at our dis­cre­tion and with­out war­ran­ty for the cheap­est ship­ping method.

Pack­ag­ing can be returned to us at the expense of the cus­tomer unless return of the card­board pack­ag­ing marked with the RESY label by local mate­r­i­al deal­ers is pre­ferred. The car­ri­er is not a dis­trib­u­tor and can­not be expect­ed to return packaging.

At the request of the pur­chas­er we will cov­er the deliv­ery with trans­port insur­ance; the costs incurred in this respect are borne by the purchaser. 

7.) Trans­fer of risks

The risk is passed to the pur­chas­er upon han­dover of the goods to the freight car­ri­er select­ed by us. Par­tial deliv­er­ies shall be permitted.

8.) Con­di­tions of payment

As a basic prin­ci­ple we deliv­er for cash in advance or cash on deliv­ery. In case of pos­i­tive infor­ma­tion of our trade cred­it insur­ance, deliv­ery may be car­ried out on open account at our dis­cre­tion. Our open accounts are due net cash in the amount of the invoiced amount with­out any deduc­tion, exempt from postage and charges imme­di­ate­ly after the invoice was received. A longer term of cred­it or dis­count is grant­ed if this is express­ly agreed at invoicing.

In case of cal­cu­la­tion in a for­eign cur­ren­cy we are enti­tled to claim, instead of the invoice sum, the amount which is required to reach the amount in EURO which aris­es when tak­ing the exchange rate as a basis plus the com­mon bank charges for for­eign bank trans­fers at the day of order con­fir­ma­tion. Pay­ments are met when we have the full amount at our disposal.

In case of exceedance of the term of cred­it we charge inter­ests payable after the due date in the amount of eight per­cent­age points above the respec­tive base inter­est rate accord­ing to § 247 of the Ger­man Civ­il Code BGB p.a.

The pur­chas­er is only enti­tled to off­set­ting if its coun­ter­claims have been deter­mined with­out fur­ther legal recourse, are undis­put­ed or accept­ed by us. Fur­ther­more it is enti­tled to exer­cise its right of reten­tion if its coun­ter­claims are based on the same con­trac­tu­al relationship.

We are enti­tled to check the cred­it­wor­thi­ness of cus­tomers with the com­mon­ly used means; if doubts regard­ing the cred­it­wor­thi­ness of the cus­tomer arise or if a con­sid­er­able dete­ri­o­ra­tion of the finan­cial cir­cum­stances of the busi­ness part­ner occurs, we are enti­tled to revoke grant­ed terms of cred­it and to car­ry out fur­ther deliv­er­ies against cash in advance or cash on deliv­ery only. In addi­tion, grant­ed terms of cred­it become invalid and all claims of us become due imme­di­ate­ly if the busi­ness part­ner is in delay with a due per­for­mance, does not encash checks and oth­er rights, revokes direct deb­it autho­riza­tions grant­ed to us or files for insol­ven­cy. In such cas­es we are enti­tled to fetch back goods already deliv­ered as a pre­cau­tion, also with­out with­draw­ing and with­out set­ting a grace peri­od at the expense of the customer. 

9.) Reten­tion of title

The goods remain our prop­er­ty until all pay­ments of the deliv­ery con­tract are received. If the cus­tomer behaves con­trary to the con­tract, in par­tic­u­lar in case of default of pay­ment, we are enti­tled to take back the pur­chase item. By tak­ing back the pur­chase item, we with­draw from the con­tract. After tak­ing back the pur­chase item we are enti­tled to make use of it. The amount real­ized from the uti­liza­tion shall be tak­en into account to the lia­bil­i­ties of the pur­chas­er – less rea­son­able uti­liza­tion costs. If the goods under reten­tion of title are processed or trans­formed we gain co-own­er­ship of the new object pro­por­tion­al to the val­ue of the pur­chase object (final amount of invoice, includ­ing val­ue added tax) to the oth­er processed objects at the time of pro­cess­ing. Apart from that, the same things apply to the object cre­at­ed by pro­cess­ing as for the pur­chase item deliv­ered under retention. 

The pur­chas­er is enti­tled to resell the goods under reten­tion in the course of prop­er busi­ness oper­a­tions. The receiv­ables from the resale are passed to us to the amount of our total receiv­ables from the busi­ness con­nec­tion. We can require at any time that the pur­chas­er dis­clos­es the name of the buy­er to us and we are enti­tled to inform the buy­er about the sub­ro­ga­tion and to col­lect the receiv­able direct­ly at the buy­er in case of default of pay­ment. As long as the reten­tion of title exists, the pur­chas­er is not enti­tled to pledg­ing or assign­ment as security. 

10.) Off­set­ting of costs for mod­i­fi­ca­tions, tools and developments

No prop­er­ty claim of the pur­chas­er regard­ing the design of prod­ucts, the tools or intel­lec­tu­al prop­er­ty aris­es from the costs charged by us to the pur­chas­er for prod­uct mod­i­fi­ca­tions, tools or devel­op­ments of any kind. Agree­ments devi­at­ing from this are made by us in writ­ing only with the order con­fir­ma­tion. Tools which are already prop­er­ty of the pur­chas­er and are used by us remain prop­er­ty of the purchaser. 

11.) War­ran­ty, lim­i­ta­tion of lia­bil­i­ty and repairs

Claims for defects on the part of the pur­chas­er require that it ful­filled in prop­er form its inspec­tion and noti­fi­ca­tion duties which are due accord­ing to § 377 of the Ger­man Com­mer­cial Code HGB.

Unless oth­er­wise agreed in writ­ing, war­ran­ty claims become time-barred with­in 24 months from han­dover of the goods to the freight car­ri­er (trans­fer of risks). If there is a defect of the prod­uct we are enti­tled at our own choice either to sup­ple­men­tary per­for­mance in the form of removal of defects or to deliv­er a new object free of defects. 

Defects are exclud­ed from the war­ran­ty, if inter­ven­tions on deliv­ered components/devices were car­ried out by per­sons not autho­rized by us. In par­tic­u­lar, we are not liable for dam­ages result­ing from incor­rect instal­la­tion, oper­at­ing errors and exter­nal influ­ences. War­ran­ty is also inap­plic­a­ble, if the ser­i­al num­ber of a deliv­ered component/devices is irrec­og­niz­able or respec­tive safe­ty marks were removed or destroyed. 

We are liable accord­ing to the legal require­ments if the pur­chas­er asserts claims for dam­ages which are based on intent or gross neg­li­gence, includ­ing intent or gross neg­li­gence of our rep­re­sen­ta­tives or vic­ar­i­ous agents. Unless we are accused of inten­tion­al breach of con­tract, the lia­bil­i­ty for dam­age com­pen­sa­tion is lim­it­ed to the fore­see­able, typ­i­cal­ly occur­ring dam­age. We are liable accord­ing to the legal require­ments if we cul­pa­bly vio­late a mate­r­i­al con­trac­tu­al oblig­a­tion; how­ev­er, in this case the lia­bil­i­ty for dam­age com­pen­sa­tion is lim­it­ed to the fore­see­able, typ­i­cal­ly occur­ring dam­age. Lia­bil­i­ty for cul­pa­ble injury to life, body or health remains unaf­fect­ed; this also applies to manda­to­ry lia­bil­i­ty in accor­dance with the prod­uct lia­bil­i­ty act. 

Unless oth­er­wise agreed in the above-men­tioned, lia­bil­i­ty is excluded.

Parts which are sub­ject to rapid wear due to their mate­r­i­al con­di­tion or due to their use, for exam­ple indi­cat­ing lamps, fus­es, switch­es and print­heads are exclud­ed from lia­bil­i­ty as well as all dam­ages caused by extra­or­di­nary loads like arcs, radi­a­tion expo­sure, elec­tro­sta­t­ic and elec­tro­mag­net­ic inter­fer­ing fields, envi­ron­men­tal influ­ences and oper­at­ing con­di­tions etc. 

The data indi­cat­ed in our print­ed or elec­tron­ic doc­u­men­ta­tions are non-bind­ing infor­ma­tion and do not rep­re­sent an assur­ance of prop­er­ties. Errors and changes of the prod­uct range and the prices are reserved. All indi­cat­ed brand names are the prop­er­ty of the respec­tive companies.

12.) Addi­tion­al con­di­tions for devel­op­ment orders

a) Sub­ject mat­ter of the order
The sub­ject mat­ter of a devel­op­ment order results from the con­tent of the writ­ten order con­fir­ma­tion. A devel­op­ment order placed with us becomes bind­ing for us with a respec­tive writ­ten order con­fir­ma­tion only. 

b) Exe­cu­tion of the order
The prin­ci­pal is oblig­at­ed to con­tribute to the suc­cess­ful imple­men­ta­tion of the devel­op­ment order and in par­tic­u­lar to pro­vide all doc­u­ments, own knowl­edge of the prin­ci­pal as well as expe­ri­ences etc. which we need in con­nec­tion with the imple­men­ta­tion of the devel­op­ment order. 

c) Devel­op­ment suc­cess
We are not respon­si­ble for the devel­op­ment suc­cess of the respec­tive order if it can­not be achieved or can­not be achieved com­plete­ly for rea­sons which were not rec­og­niz­able for us at the time of con­tract con­clu­sion or which occur after con­tract con­clu­sion and belong to the area of respon­si­bil­i­ty of the principal. 

d) Costs and dura­tion of the devel­op­ment order
If we real­ize that the devel­op­ment order can­not be exe­cut­ed with­in the agreed time and/or at the agreed remu­ner­a­tion, both con­tract­ing par­ties shall agree on an addi­tion­al reg­u­la­tion regard­ing the con­tin­u­a­tion of works and the bear­ing of the costs. If no agree­ment can be reached con­cern­ing this mat­ter we are enti­tled to can­cel the devel­op­ment order and to receive the cor­re­spond­ing part of the accrued devel­op­ment expen­di­ture of the orig­i­nal­ly agreed price.

e) Con­fi­den­tial­i­ty, dis­clo­sure
Also upon ter­mi­na­tion of the devel­op­ment order we will not dis­close to third par­ties any infor­ma­tion marked as con­fi­den­tial pro­vid­ed to us by the prin­ci­pal on the occa­sion of order place­ment or for the exe­cu­tion of the devel­op­ment order, if and to the extent to which they are not gen­er­al­ly known. The prin­ci­pal is oblig­ed towards us to main­tain con­fi­den­tial­i­ty in the same manner.

The prin­ci­pal may dis­close devel­op­ment results men­tion­ing the author if this is agreed upon in advance with us, unless in indi­vid­ual cas­es there are con­flict­ing rea­sons (e.g. if the prop­er­ty rights reg­is­tra­tion is at risk). If dis­clo­sure is car­ried out for the pur­pose of adver­tis­ing the author must not be men­tioned upon our request. 

13.) Agree­ment on the take-back oblig­a­tion of the man­u­fac­tur­er accord­ing to §10 sec. 2 of the Ger­man act on elec­tric and elec­tron­ic devices

The pur­chas­er assumes the oblig­a­tion to dis­pose of the deliv­ered goods in a prop­er way at its own expense after ter­mi­na­tion of use accord­ing to the legal require­ments. The pur­chas­er exempts us from the oblig­a­tions accord­ing to §10 sec. 2 of the Ger­man act on elec­tric and elec­tron­ic devices Elek­troG (take-back oblig­a­tion of the man­u­fac­tur­er) and relat­ed claims of third parties.

14.) Note on data 

We store per­son­al and com­pa­ny-relat­ed data in the con­text of busi­ness rela­tions and process them with­in our company.

15.) Choice of law, place of per­for­mance, place of jurisdiction

All con­trac­tu­al agree­ments are sub­ject to Ger­man law.
Place of per­for­mance is the reg­is­tered office of GETT Gerätetech­nik GmbH.
Place of juris­dic­tion for busi­ness peo­ple is the reg­is­tered office of GETT Gerätetech­nik GmbH.

Treuen (Vogt­land), 1st Feb­ru­ary 2011