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1.The following General Terms and Conditions of Delivery and Service apply to all our deliveries and services. The General Terms and Conditions of Delivery and Service (hereinafter: "Terms and Conditions") apply exclusively; we do not acknowledge the customer's terms and conditions which are contrary or which differ from these Terms and Conditions unless we expressly agree in writing to them. These Terms and Conditions shall also apply even if we carry out deliveries or services for the customer without reservation in the knowledge of the customer's terms and conditions which are contrary or which differ from these Terms and Conditions.
2. Our employees are not authorized to conclude verbal agreements, verbal amendments to these conditions, or to make other verbal agreements.
3.Apart from these General Terms and Conditions of Delivery and Service, the "Supplementary clauses: For the industrial automation (drive, measure, switch, steer)", available at www.jumo.net, shall apply as well to the transfer of software.
4. These conditions shall only apply to enterprises as defined in Section.
5. The respective version of these General Terms and Conditions of Delivery and Service shall also apply to future contracts concerning the delivery of moveable goods with the same client, without having to refer to them again in each case; we shall immediately inform the customer of changes to these Conditions.
6. Individual agreements concluded with the client in individual cases (including side agreements, addenda and amendments) shall have priority over these General Terms and Conditions of Delivery and Service in every case. A written contract or our written confirmation shall apply to the content of these agreements.
7. Legally material declarations and notifications, which have to be submitted to us by the client after conclusion of the contract, require the written form in order to be binding.
1. Our offers are non-binding. The extent of our duty of performance is specified solely by our written order confirmation.
2. The details concerning the delivery item or service (hereinafter: "delivery item") (e.g. weights, dimensions, values in use, load-bearing capacity, tolerances, and technical details) as well as representations of same (e. g. illustrations and drawings) are only approximately applicable insofar as the usability for the contractually envisaged purpose does not require a precise agreement. These are not guaranteed features, but instead descriptions or designations of the delivery. Normal deviations and deviations, which are made on the basis of legal provisions or which represent technical improvements, as well as replacing components with equivalent parts, are permissible insofar as they do not affect the usability for the contractually envisaged purpose.
1. We reserve ownership of drawings, sketches, cost estimates, and other documents enclosed with our offers and order confirmations. The customer may only use them for the agreed purpose, and may not reproduce them or make them accessible to third parties without our consent. Upon request, these documents themselves and all reproductions shall be returned to us.
2. Insofar as these documents are copyrightable, we also reserve our copyright to these documents.
1. The binding nature of service and delivery dates and deadlines (hereinafter: "delivery deadline") requires the customer to provide us with documents and other required information promptly, and not to delay its cooperation or other material contractual duties, in particular, its payment obligations.
2. In the case of labor disputes, and in the event of unforeseen hindrances, which are outside the supplier's sphere of influence, or if there are hindrances for which another manufacturing plant is responsible, the delivery deadline shall be extended appropriately. This shall also apply if the hindrances arise during a pre-existing delay.
3. Partial deliveries and services are permissible if reasonable for the customer.
4.If an ordered delivery item cannot be delivered because we have not been supplied by our own supplier, and we are not at fault for this despite their contractual obligation, we reserve the right to withdraw from the contract. In this case, we shall immediately inform the customer that the ordered goods are not available, and we shall immediately refund any payments already made.
5. If we are in default and the customer suffers damages as a result, it is entitled to demand lump-sum compensation. This shall be 0.5 % for each full week of delay, but shall not total more than 5 % of the net value of the respective part of the total delivery which cannot be used on time or according to the contract because of the delay. Other claims shall be determined exclusively according to No. 9 of these Terms and Conditions.
1. Risk shall transfer to the customer with transfer of the delivery item to the haulage contractor, carrier, or collector, or if transported by us, not later than upon departing our stores or the manufacturing plant, however. Insofar as acceptance is agreed and a fixed acceptance date has not been agreed, the customer shall accept the delivery item within eight days of notification of completion.
2. If the customer has placed a call order, it must correctly call the delivery item - if ordering several delivery items, all of them - within 12 months from the date of the order, unless agreed otherwise by the contractual partners.
1. The prices stated by us are ex works plus sales tax at the statutory amount applicable at the time of delivery, and without packaging. The packaging shall be charged separately.
2. The purchase price is payable within 3 days of receipt of invoice.
3. For works contracts for switchgears, the remuneration amounts shall be payable as follows:
1/3 14 days after date of the order confirmation, 1/3 After half of the period between the date of order confirmation and the agreed delivery date, 1/3 Within 14 days of delivery.
4. We reserve the right to demand submission by a customer of an irrevocable and unlimited bank surety for the amount of the contractual price upon acceptance of the order.
5. Prices apply for four months from receipt of our order confirmation. If a cost component within the total costs changes (e. g. personnel costs or hourly rates or demonstrable third-party material costs), we shall amend the price ratably, but only proportionally in respect of the corresponding costs element. The resulting new price shall apply from the first of the calendar month following receipt of the written notification.
6. If payment by instalment is agreed, the respective instalment shall be paid in advance by the 3rd working day of the respective payment period, unless a specific payment date is agreed. If the customer is in default with more than one instalment, the total outstanding amount shall become due. This shall also apply if payment by instalment is agreed after the payment date. Our right to charge default interest shall remain unaffected by an agreement to pay by instament after the payment date.
7. Retaining payments or offsetting against customer's claims which are disputed by us, are not recognized, are not legally upheld, or are not ready for decision in pending court proceedings, are excluded. A right of retention can only be exercised if the counter claim is based on the same delivery contract.
8. In the case of non-compliance with the terms of payment, or if we become aware, after concluding the contract, that payment is at risk as a result of the customer's inability to pay, we reserve the right to carry out outstanding deliveries only for payment in advance or for provision of security deposits.
9. In the case of change requests from the customer after conclusion of the contract, we reserve the right to adjust the prices correspondingly, as well as the delivery deadlines already agreed.
1. We retain ownership of all delivery items until full payment of all claims to which we are entitled from the business relationship with the customer. In the case of a current account, the total goods subject to retention of title shall serve to secure the outstanding balance. If the estimated value of the goods subject to retention of title acting as security for us exceeds the outstanding claims due from the customer by more than 10 %, upon request from the customer we shall release securities of our choice.
2. The customer may not pledge or otherwise transfer the delivery item as security. In the event of seizure or forfeit, or other disposal by third parties, the customer shall immediately inform us thereof.
3. In the event of conduct by the customer that is in breach of the contract, in particular in the event of default, we reserve the right to recall the goods after dunning and to require the customer to return the goods. The assertion of the retention of title, as well as the seizure of the delivery item by us, shall be deemed to be withdrawal from the contract.
4. We reserve the right to insure the delivery item at the customer's cost against fire, water, and other damage, insofar as the customer has not demonstrably purchased insurance itself.
5. The customer is entitled to resell the goods as part of ordinary business proceedings. It herewith assigns to us all claims up to the total of the invoice amount, which it accrues against a third party as a result of the resale. We accept the assignment. After assignment, the customer is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the customer does not fulfil its payment obligations and is in default.
6. The working and processing of the goods by the customer shall always be in our name and on our behalf. If the goods are processed, we shall acquire joint ownership of the new item in relation to the value of the goods supplied by us. This shall also apply if the goods are combined or mixed with other items which do not belong to us. If the combining or mixing takes place such that the customer's item has to be seen as the main item, it is deemed to have been agreed that the customer shall transfer rateable joint ownership to us. The customer safeguards the sole ownership or joint ownership accrued to us.
1. Claims for compensation for damage of any kind - irrespective of the material and legal grounds - and even for damage which did not occur to the delivery item, shall only exist
- in the event of culpable breach of duty by us;
- in the event of grossly negligent breach of duty by us or in the event of culpable or grossly negligent breach of duty by our statutory representatives, or vicarious agents;
- in the event of injury to life, limb, or health, which is based on a negligent breach of duty by us, or based on a culpable or negligent breach of duty by one of our statutory representatives or vicarious agents;
- in the event of culpable breach of material contractual duties, insofar as the attainment of the contractual purpose is at risk; with regard to the typical contractual, foreseeable damage;
- in cases, where defects to the delivery item are liable; for personal injury or material damage; to privately used objects,
- in the event of defects, which were maliciously concealed, or whose omission we have guaranteed.
Moreover, other claims for compensation are excluded.