General Terms and Conditions of IAT InnoAgriTec GmbH
1.Validity of our GTC
All deliveries, services and offers to our customers shall be subject to change without notice and exclusively on the basis of these terms and conditions. Any other terms and conditions of our customers are hereby contradicted. They shall also not be recognised if we do not expressly object to them again after receipt by us. Deviations from these terms and conditions are only effective at our expense if we confirm them in writing.
2. offer and conclusion
All orders placed with us require our written confirmation in order to be effective. The content of our confirmation is exclusively authoritative. Drawings, illustrations, dimensions, weight and other performance data are only binding if this is expressly agreed in writing. \n
3. Partial services We expressly reserve the right to partial performance insofar as this is reasonable in order to take the interests of the buyer into account.
The value added tax (VAT) is to be added. The prices quoted by the Seller refer exclusively to the goods and various services specified in the offer. If the buyer refuses, the seller adjusts the prices accordingly.
5. Conclusion of the contract
After the expiration of six weeks the seller is entitled to adjust the prices for the following reasons:
- Strong exchange rate shifts for imported goods or special taxes and charges levied by the government.
- Cost increases due to official measures.
- Increase in labour costs and material costs.
- Increased transport costs (if freight is included in the quoted price).
- Accelerated delivery and any other new claim by the Buyer with which the Seller agrees, such as changes in shipping instructions and delivery dates, quantities, formats and similar specifications with respect to goods, services or other performances.
- Delays for which the buyer is responsible either by his instructions or by omission of necessary instructions.
Shipment shall be effected by freight forwarder, post office or factory vehicles for the account and risk of the buyer; the buyer shall bear the risk even if carriage paid delivery has been agreed. The goods are not insured by the seller. Report transport damage immediately to forwarding agent, post office or works driver.
7. Delivery time
The delivery dates and performance times stated by us are generally non-binding. The delivery period for ordered goods begins on the day of our order confirmation and ends on the day on which the goods leave the factory. If the customer requests changes to the order after receipt of our order confirmation, the delivery period only begins with our written confirmation of the request for change. We are entitled to partial deliveries and partial services. Events of force majeure entitle us to postpone the delivery or service for the duration of the hindrance or to withdraw from the contract in whole or in part because of the part not yet fulfilled. All circumstances shall be deemed equivalent to force majeure which make the delivery/service substantially more difficult or impossible, e. g. sovereign measures, strikes, illness of one or more employees, lockouts, operational disruptions (e. g. fire, lack of energy) and obstructions of traffic routes, irrespective of whether these circumstances occur at our premises, at the premises of a supplier, a carrier or any other third party. In such cases, the customer may demand a declaration from us as to whether we intend to withdraw from the contract or to perform within a reasonable period of time. The customer may withdraw from the contract after expiry of a reasonable deadline set by us to the extent that the goods/services have not been reported as ready for dispatch or readiness for performance has not been notified by the deadline.
The invoice amounts are to be paid within the payment periods shown on the invoice. In case of default of payment we charge 12% interest. This also applies to partial deliveries.
Possible deviations in the dimensions or changes of the construction or parts of the construction are reserved for the seller. The same applies analogously to all services or other performances. The weight indications are as accurate as possible, but are not binding. The customer must inspect the goods immediately for obvious defects. Externally recognisable transport damage must be confirmed by the carrier immediately upon acceptance in accordance with the insurance provisions. For concealed damage, the notification period shall be 3 days from receipt of the goods. Obvious defects must be reported in writing immediately after receipt of the goods, hidden defects within one week after discovery of the defect. In the event of a justified notice of defect, we shall, at our discretion, provide a warranty free of charge by repair or replacement. According to the law, the warranty period is 12 months, with the burden of proof being reversed after half the time. If the warranty provided by us fails within a reasonable period of grace, you may demand a reasonable reduction in payment or cancellation of the contract. Additional guarantees and/or claims for compensation – for whatever legal reason – are excluded unless they are based on intent or gross negligence or the express written assurance of properties.
10. Retention of title
All delivered goods remain our property until full payment has been made. The recipient is entitled to dispose of the reserved goods in the ordinary course of business. Further dispositions (pledging, transfer by way of security or sale after cessation of payment) are not permitted. Seizures of the reserved goods are to be announced immediately by attaching a copy of the seizure protocol. If the customer sells goods subject to retention of title on credit, the resulting purchase price claims shall be deemed assigned to us when they arise. The customer shall be entitled to collect the claim until such time as he is prohibited from doing so by us due to his default in payment or financial collapse. In this case, the customer shall, upon request, submit to us a declaration of assignment and a confirmation of his reservation of title vis-à-vis third parties for each individual claim. We reserve the right to change the size and colors as well as other technical improvements. All plans, sketches, drawings, illustrations or other documents prepared by us shall remain our property. Such documents may not be made accessible to third parties or reproduced without written authorization.
We can withdraw from the contract if the customer makes false statements about his creditworthiness and the statement refers to an assessment of creditworthiness significant fact or the creditworthiness is void (non-redemption of due checks and bills of exchange, request for issuance of an affidavit, non-insurability with the credit insurance, etc. ) or an application is made for bankruptcy resolution.
12. Place of jurisdiction and performance, choice of law
For all disputes arising from the respective legal relationship with the customer – also from bills of exchange and cheques – the place of jurisdiction shall be the registered office of the company (IAT InnoAgriTec GmbH).
13. Written form and nullity, severability clausel
Amendments to this contract must be made in writing in order to be legally effective. Should one or more provisions or an essential part of this provision be wholly or partially void or incomplete, the validity of the remaining provisions shall remain unaffected.