terms and conditions
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Terms of Business 1. Quotations & Purchase Orders Quotations are subject to change without notice. A contract shall be brought about only by order acknowledgement or conclusion of a contract. We reserve the right to prior sale of any products quoted. No liability shall be assumed for misprints or changes. 2. PricesUnless otherwise agreed upon, prices shall be ex warehouse, Jena, Germany, exclusive of packaging, and plus the statutory value-added tax valid at the time of delivery. Applicable prices shall be those valid at the conclusion of the contract. 3. Terms of PaymentOur invoices shall be due and payable without discount within 30 days. We shall reserve the right to request cash in advance, or cash or crossed check on delivery from new clients or after the second dunning notice. Any time allowance of 30 days after the date of invoice shall be subject to our approval. Any default in payment shall give rise to interest for default amounting to 5% plus the basis interest rate of European Central Bank valid at that time. We shall be free to assert additional claims for any other expenditure incurred as a result of any default in payment. A default in payment according to § 286 BGB shall be deemed to arise immediately upon the expiry of the time allowed for payment. Delivered goods shall remain our property until the full payment of all outstanding accounts. The purchaser shall assign to JENTECH and to the amount of JENTECH's claims any claims to third parties from any resale of conditional commodities without such assignment requiring any separate declaration of assignment. A dunning charge of 5 Euros shall be charged for any written dunning notice. As a general rule, any payment received shall be appropriated to the oldest debt. We shall reserve the right to claim the payment of any kind of receivables from the supply of goods or services in several partial invoices without prior notice. 4. Time of Delivery and PerformanceThe delivery deadline shall be deemed met when the goods have departed from the warehouse before the expiry of any such deadline. In the event of non-compliance with the delivery time, purchaser shall be entitled to grant an additional period of time of reasonable length in writing and under penalty of rejection, and to withdraw from the contract as far as the delayed delivery or performance is concerned provided that such additional period of time has expired without compliance. Any claims for damages for delay shall be excluded. We shall be entitled to early delivery or performance. We shall be entitled to withdraw from a contract in the event of wrong or delayed delivery from sub-suppliers. 5. ContractsWarenlieferungen werden als Kauf- oder Werksverträge lt. BGB abgeschlossen und unterliegen den in Punkt 7 festgelegten Grundsätzen der Gewährleistung. Alle sonstigen Dienstleistungen (z.B. Softwareentwicklung, -anpassungen, Reparaturen u.ä.) werden als Dienstverträge lt. BGB abgeschlossen. 6. Shipment Shipment shall be at purchaser's risk and on purchaser's account. The same shall apply to any return deliveries. Any claims for damage in transit ex warehouse, Jena shall be made to the corresponding freight carrier. A lump sum delivery charge of 5 € will be invoiced for any shipment of goods with a net order value of up to 500 € to any location in Jena and its surroundings (up to a distance of 10 km). Shipping beyond such amount shall be free of charge. Outside Jena and its surroundings, we shall invoice the cost of the corresponding freight carrier. 7. Warranty Any warranty beyond statutory provisions must be expressly stipulated in the contract. When a defect is found, we shall commit ourselves to remedy any such defect by repair or replacement within a reasonable time in cooperation with our sub-suppliers. For this, any defective goods shall be shipped including an error log and a copy of the invoice franco domicile, Jena. Any other claims shall be excluded. Any test for unjustified complaints shall be invoiced, applying a lump sum test charge of 25 Euros.With repairs data media are usually formatted by our technicians. The JENTECH AG does not take over any adhesion for data safety devices or overruns not taken place.
The place of performance and venue shall be Jena. We shall be free, however, to sue the purchaser at the purchaser's principal place of business. 8. Product Liability Product liability shall be limited to twice the amount of the contract. This shall not apply when we take successful action together with purchaser against any of our sub-suppliers. 9. Law and Effectiveness The present Terms of Business shall apply to all business transactions regardless of any other wording in orders or purchase orders given by a purchasing party. Our Terms of Business shall be deemed accepted by the latest upon the purchase order. The applicable law shall be the law of the Federal Republic of Germany. If any provision is null and void, the remaining provisions shall continue to be effective. Jena, den 01.11.2005 |

