{"id":1255,"date":"2024-07-09T12:42:25","date_gmt":"2024-07-09T10:42:25","guid":{"rendered":"https:\/\/iprotec-gmbh.com\/agb-englisch\/"},"modified":"2024-10-16T15:23:04","modified_gmt":"2024-10-16T13:23:04","slug":"general-conditions","status":"publish","type":"page","link":"https:\/\/iprotec-gmbh.com\/en\/general-conditions\/","title":{"rendered":"General Conditions"},"content":{"rendered":"

GENERAL CONDITIONS<\/strong><\/h2>\n<\/div><\/div><\/div>

For delivery of machinery and services of IPROTec GmbH, Germany.<\/h2>\n<\/div><\/div><\/div>
Effective as of August 1, 2006<\/em><\/div>
for use with<\/strong> natural persons and legal entities (companies) who enter into an agreement or contract within the scope of their commercial or independent professional work and legal entities of public law or a public-law special fund.<\/div>
    \n \t
  1. General provisions<\/strong>\n
      \n \t
    1. The general conditions of IPROTec GmbH apply for all deliveries and services
      \nunless any special contractual agreements have been entered into.
      \n
      \nDeviating contractual conditions of the orderer shall not become part of the
      \ncontract, neither by acceptance of the order nor by his order confirmation under
      \nreference to his general terms and conditions. A contract shall be entered into
      \nwith the written order confirmation by IPROTec GmbH, unless something
      \ndifferent is expressly agreed on.<\/li>\n \t
    2. The documents that are part of the offer, such as figures, drawings, weight and size
      \nindications, are only approximates unless expressly designated as binding.
      \nIPROTec GmbH reserves title and copyright in any cost estimates, drawings and
      \nother documents \u2013 also in electronic form; they must not be made accessible to any
      \nthird parties. Supplier must only make plans designated as confidential by the
      \norderer to third parties with his consent.<\/li>\n<\/ol>\n<\/li>\n \t
    3. Scope of the delivery<\/strong>\n

      The scope of the delivery shall be according to the written order confirmation of IPROTec
      \nGmbH, if supplier's offer is made with a binding period of time and acceptance thereof
      \noccurs in time, the offer shall be relevant unless the order confirmation is not sent in time.
      \nAmendments, modifications and\/or alterations require supplier\u2019s written confirmation.<\/p>\n<\/li>\n \t

    4. Price and payment<\/strong>\n
        \n \t
      1. The prices are deemed ex works unless expressly agreed otherwise, including
        \nloading in the factory, but excluding unloading. The prices shall be excl. VAT at
        \nthe respective statutory amount.<\/li>\n \t
      2. Unless explicitly agreed otherwise, payment shall be made in cash without any
        \ndeduction, in freely transferable funds at supplier\u2019s place of business, as follows:
        \n- 30% downpayment after receipt of the order confirmation,
        \n- 60% once the orderer\u2019s been notified that the main parts are ready for
        \nshipment and the remainder within one (1) more month after risk transfer.<\/li>\n \t
      3. 3. The orderer may only declare retention or set-off against undisputed or legally validly determined counterclaims.<\/li>\n<\/ol>\n<\/li>\n \t
      4. Delivery time<\/strong>\n
          \n \t
        1. The delivery period shall commence upon dispatch of the order confirmation,
          \nbut not before provision of the documents, approvals, releases to be provided
          \nby the orderer and prior to unconditional receipt in full of the agreed
          \ndownpayment.<\/li>\n \t
        2. The delivery period shall be or is deemed to have been complied with if the
          \nobject to be delivered has left the factory on or prior to expiry thereof or if
          \nreadiness for shipment has been reported. If acceptance is required, the
          \nacceptance date shall be relevant, alternatively the information on readiness for
          \nacceptance, unless the acceptance can be refused with justification.<\/li>\n \t
        3. The delivery period extends appropriately if delays occur due to force majeure,
          \nlabour disputes (including strike and including any thereof occurring in supplier\u2019s
          \nfacility), suppliers or other events outside of the area of influence of supplier.
          \nSupplier shall not be responsible or held liable for such circumstances even if
          \nthey occur during its default. Supplier shall, in urgent cases, notify orderer of
          \ncommencement and termination of any such event as soon as possible.<\/li>\n \t
        4. If the orderer has suffered damages due to delay as a direct result of supplier's
          \nfault, orderer shall be entitled to default compensation. Such compensation shall
          \namount to \u00bd% (in words: zero-point-five per cent) for each complete week of
          \ndelay, but, in event, not to exceed 5 % (in words: five percent) of the value of the
          \npart or portion of the overall delivery that cannot be used in time or according to the
          \ncontract due to such delay. Any excess damage is only reimbursed in cases of
          \nsection VIII 5.<\/li>\n \t
        5. If, upon orderer's request, shipment is postponed, effective one (1) month after
          \nnotification of readiness for shipment, any costs resulting from or relating to
          \nstorage, and in case of storage at supplier's factory, at least \u00bd% (in words:
          \nzero-point-five percent) of the invoiced amount for each month. Irrespective
          \nthereof, supplier shall be entitled to dispose of the object otherwise subsequent to
          \nsetting and following expiry of a reasonable deadline and to supply the orderer
          \nwithin a reasonably extended period.<\/li>\n \t
        6. Compliance with the delivery period requires performance of the orderer's
          \ncontractual obligations.<\/li>\n<\/ol>\n<\/li>\n \t
        7. Passing of risk and acceptance<\/strong>\n
            \n \t
          1. Risk shall pass to the orderer at the latest when dispatching the parts of the
            \ndelivery, even if partial deliveries are made or supplier has assumed any other
            \nservices, e.g. the shipping costs or transport and setup. On request of the
            \norderer, supplier shall insure the shipment against theft, breakage, transport,
            \nfire and water damage and any other insurable risks at the orderer's expense.
            \nWhere acceptance is required, it shall be essential for passing of the risk. It
            \nshall take place without delay at the date of acceptance.<\/li>\n \t
          2. If shipping is delayed due to circumstances that are due to the orderer's fault,
            \nthe risk shall pass to the orderer from the day on which readiness for shipment is declared, but supplier shall be obliged to take out the insurances desired by the
            \norder on the request and expense of the orderer.<\/li>\n \t
          3. Delivered objects must be accepted by the orderer notwithstanding the rights
            \nfrom section VII even if they have any inessential defects.<\/li>\n \t
          4. Partial deliveries are admissible.<\/li>\n<\/ol>\n<\/li>\n \t
          5. Retention of title<\/strong>\n
              \n \t
            1. Supplier reserves all right, title and interest in or with respect to the delivered object
              \nuntil any and all payments under or in connection with the delivery contract have
              \nbeen unconditionally received in full.<\/li>\n \t
            2. Supplier shall have the right to insure the delivered object on orderer's
              \nexpense against theft, breakage, fire, water and other damage unless orderer\u2019s
              \nproven conclusion thereof.<\/li>\n \t
            3. Prior to acceptance and payment in full, the orderer must not and is prevented
              \nfrom pledging or granting the delivered object as collateral. Supplier must be
              \ninformed forthwith and without undue delay in case of attachment or seizure
              \nor any other third-party disposals.<\/li>\n \t
            4. In case of orderer\u2019s non-contractual conduct or behaviour, particularly in
              \ncase of a payment default, supplier is, following expiry of a reasonable
              \ndeadline, entitled to take back the object and the orderer shall be
              \nunconditionally obliged to release the same.<\/li>\n \t
            5. Extended and expanded reservation of title in case of permanent business
              \nrelationships and admissibility of further sale of the goods subject to retention of
              \ntitle:<\/li>\n \t
            6. \n
                \n \t
              1. Supplier reserves all right, title and interest, including all ancillary rights, it
                \nhas or may have with respect to the delivered objects\/goods until all claims of
                \nsupplier against the orderer resulting from or relating to the business
                \nrelationship, including any future claims from contracts entered into, either
                \nconcurrently or subsequently, have been complied with in full \u2013 subject to
                \nprohibition\/ban of excess collateral. This shall also apply if individual or all
                \nclaims of supplier were included in a current account and the balance has
                \nbeen determined and accepted. In case of conduct of the orderer in violation
                \nof the contract, specifically in case of default of payment, supplier shall
                \nhave the right to take back the object of the delivery after setting a grace
                \nperiod and the orderer shall be obliged to release it. The orderer shall
                \ninform supplier in writing without delay in case of attachment or other
                \nthird-party access.<\/li>\n \t
              2. The orderer shall have the right to sell on the delivered object in the ordinary
                \ncourse of business. However, orderer assigns all claims that arise or may
                \narise against the purchaser or any third party from further sale to the
                \naccepting supplier, irrespective whether any the goods being subject to
                \nretention of title were sold on without or after processing. The orderer
                \nremains entitled to collect this claim even after the assignment. Supplier's
                \nright to collect the claim directly shall remain unaffected thereby, but supplier commits to not collecting the claims contingent upon and unless
                \norderer\u2019s complying with its payment obligations. Supplier may demand
                \ndisclosure of assigned claims and corresponding debtors thereof by orderer
                \ntogether with all information necessary or required to collect the same and
                \norderer further undertakes to submit all associated documents and to inform
                \ndebtors of such assignment. Provided the delivered object is sold on
                \ntogether with goods other than supplier goods, the orderer's claim against
                \nthe purchaser is deemed assigned in an amount corresponding to the
                \ndelivery price agreed upon between supplier and orderer.<\/li>\n \t
              3. Processing or conversion of goods subject to retention of title shall always be
                \nperformed by the orderer for supplier. If goods being subject to retention of
                \ntitle are processed with objects other than supplier objects or goods, supplier
                \nshall automatically acquire joint ownership in the new object in proportion of
                \nthe value of the goods being subject to retention of title to the other
                \nprocessed objects at the time of processing. Irrespective thereof, conditions
                \nset forth herein for goods being subject to retention of title apply mutatis
                \nmutandis to the object resulting from processing. Supplier undertakes to
                \nrelease the collateral subject, in all respects, to the value thereof exceeding
                \nthe underlying, secured claims, subject to the same not having been settled,
                \nby 25%.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n \t
              4. Defects of material and title<\/strong>\n

                For defects of material and title of the delivery, which also includes the lack of expressly
                \nwarranted qualities, supplier shall be liable as follows, under exclusion of any further
                \nclaims and notwithstanding section VIII 4:<\/p>\n\n

                  \n \t
                1. In supplier\u2019s discretion, all parts that were defective upon transfer of risk shall be
                  \nimproved or re-delivered free of charge. Any such defects found shall be
                  \nreported to supplier forthwith and without delay. Replaced parts shall become
                  \nsupplier's property.<\/li>\n \t
                2. Warranty shall not be accepted and is explicitly excluded for any damages caused
                  \nfor one of the following reasons:
                  \n
                  \nUnsuitable or improper use, defective assembly or commissioning by the orderer
                  \nor third parties, natural wear, defective or negligent treatment, unsuitable
                  \noperating equipment, replacement materials, defective construction work,
                  \nunsuitable construction ground, chemical, electrochemical or electrical
                  \ninfluences where not due to supplier's fault.<\/li>\n \t
                3. The orderer shall provide supplier with the required time and opportunity for
                  \nperformance of any improvements and replacement deliveries that appear
                  \nnecessary upon coordination with supplier; otherwise, supplier shall be released
                  \nfrom his liability for defects.
                  \n
                  \nOnly in urgent cases of direct danger to operational security and to avoid
                  \nand\/or prevent disproportionate damage, in which case orderer must promptly
                  \ninform supplier, or if supplier is, upon two preceding written requests and
                  \nfollowing lapse of a reasonable time period, in default with remedial action,
                  \norderer shall be entitled to rectify the same either directly or by retaining a
                  \nqualified third party and to demand compensation from supplier for necessary and proven cost.)<\/li>\n \t
                4. Of the direct costs arising from improvement or replacement delivery, supplier
                  \nshall assume the costs for the replacement part, including shipping, and
                  \nappropriate costs for installation and removal, as well as, if reasonably
                  \nappropriate from case to case, the costs for provision of any installers or helpers.
                  \nApart therefrom, orderer shall bear the costs.<\/li>\n \t
                5. Notwithstanding the foregoing and for the avoidance of doubt, supplier\u2019s
                  \nliability shall be excluded in full for any direct and\/or indirect damages and\/or
                  \nconsequences, including, but not limited to, consequential damages, arising or
                  \nfollowing from or which may arise or follow from any improper or
                  \ninappropriate modification, rectification or maintenance by any third party.<\/li>\n \t
                6. If use of the object of the delivery leads to violation of the any commercial
                  \nproperty or copyrights in the country, the supplier shall ensure at his expense
                  \nthat the orderer can continue to use the delivered object. This shall be done by
                  \nthe supplier changing the object suitably so that there is no violation of property
                  \nrights anymore. If this is not reasonable from an economic point of view or if it
                  \ncannot be done within an appropriate period of time, the orderer shall have the
                  \nright to declare rescission of the contract. Under the prerequisites named, the
                  \nsupplier shall also have a right to declare rescission of the contract.<\/li>\n \t
                7. The supplier's obligations specified in Section VII 6 shall be final, subject to
                  \nliability according to Section VIII 5 in case of violation of property and
                  \ncopyrights. They shall only be present where orderer informs supplier without
                  \ndelay of the assertion of such violation of property or copyright, orderer
                  \nsupports supplier at an appropriate scope in defence against the asserted claims
                  \nor supplier enables performance of modification measures according to VII 6,
                  \nsupplier retains all defence measures, including settlement out of court, the legal
                  \ndefect is not due to any instruction of the orderer and the violation of rights was
                  \nnot caused by the orderer having changed the delivered object independently or
                  \nused it in any non-contractual manner.<\/li>\n<\/ol>\n<\/li>\n \t
                8. Liability, exclusions, rescission<\/strong>\n

                  In case of transactions among merchants, a warranty period of twelve (12) months
                  \nshall apply (pursuant to \u00a7 309 no. 8(b) et seqq. German Civil Code) from the date of
                  \nrisk transfer or passing thereof.<\/p>\n

                  The complaint obligation (inspection of the goods without delay) among merchants
                  \nshall apply (pursuant to \u00a7 377 German Commercial Code). If the delivered object
                  \ncould not be used according to the contract by the orderer due to the supplier's fault
                  \nbecause of lack of or defective performance of suggestions and consulting before or
                  \nafter conclusion of the contract or other contractual secondary obligations \u2013 specifically
                  \nregarding the operation and maintenance of the object of the delivery \u2013 the following
                  \nliability rules shall apply:<\/p>\n\n

                    \n \t
                  1. The orderer may rescind from the contract if the entire performance is ultimately
                    \nimpossible for supplier prior to risk transfer having occurred or passing of risk.
                    \nThis also applies in case of inability of supplier. Orderer may also rescind from
                    \nthe contract if the performance of a part of the delivery becomes impossible
                    \nby number when ordering objects of the same type and if orderer is able to claim a special interest in refusal of partial delivery. If this is not the case,
                    \norderer may reduce the compensation accordingly.<\/li>\n \t
                  2. In case of delivery default within the meaning of Section IV of these delivery
                    \nconditions, and subject to orderer granting supplier a reasonable deadline
                    \nfollowing occurrence of supplier\u2019s default, and if supplier\u2019s not complying
                    \ntherewith, orderer shall be entitled to rescind from the agreement.<\/li>\n \t
                  3. If impossibility occurs during default of acceptance or due to orderer's
                    \nfault, orderer\u2019s obligation to compensation shall remain unaffected
                    \nthereby.<\/li>\n \t
                  4. Orderer also has a right to rescission of the contract if, following two
                    \npreceding written requests and upon lapse of reasonable period of time, a
                    \ndeadline for improvement or replacement delivery with regard to a defect
                    \nbeing subject to supplier\u2019s fault within the meaning of these delivery
                    \nconditions expires without result. Orderer's right to cancellation of the
                    \ncontract shall also apply in other cases of failure of improvement or
                    \nreplacement delivery by supplier<\/li>\n \t
                  5. Any other further claims of orderer shall be excluded, particularly for
                    \ntermination or reduction of price or reimbursement for damages of any kind,
                    \nincluding, but not limited to, consequential damage and lost profits, which are
                    \nunrelated and have not directly occurred to the delivered object. This exclusion
                    \nof liability shall not apply in case of wilful intent or gross negligence of the
                    \nowner or managing employees or in case of culpable violation of essential
                    \ncontractual obligations. In case of culpable violation of essential contractual
                    \nobligations, the supplier shall be liable only for the reasonably foreseeable
                    \ndamage typical for this type of contract\/agreement \u2013 except in cases of wilful
                    \nintent and gross negligence of the owner or managing employees. The
                    \nexclusion of liability shall also not apply in cases of liability under the product
                    \nliability act for injury or property damage to privately used objects due to defects
                    \nof the delivered object. It shall also not apply if any expressly warranted
                    \nproperties are missing if the representation had the purpose of securing orderer
                    \nagainst damage that did not occur to the delivered object as such (only
                    \nadequate damage).<\/li>\n \t
                  6. Supplier assumes no liability for damage and function impairment caused
                    \nby technical or other specifications of orderer.<\/li>\n<\/ol>\n<\/li>\n \t
                  7. Expiration<\/strong>\n

                    All claims of orderer \u2013 irrespective on whatever legal or factual grounds \u2013 shall
                    \nexpire within twelve (12) months. In case of damages claims according to Section
                    \nVIII 5 the statutory periods shall apply. The same also apply for defects of a building or
                    \ndelivered objects which are usually used for a building and that have directly caused
                    \nthe defect.<\/p>\n<\/li>\n \t

                  8. Software of Supplier<\/strong>\n

                    If the delivered object also contains software of supplier, orderer shall be granted a non-
                    \nexclusive right for use thereof, including its documentation. The software is provided
                    \nonly for use on the intended delivered object. The software must only be used on one system. Orderer must only reproduce, revise, translate or convert the software
                    \nfrom object code to source code within the legally permissible scope (\u00a7 96a et seqq.
                    \nGerman Copyright Act). Orderer undertakes and agrees not to remove manufacturer
                    \ninformation and specifically copyright notices or to modify the same without the
                    \nsupplier\u2019s express consent. Any other rights in the software and documentation,
                    \nincluding copies, shall remain with supplier or the software supplier. The
                    \nassignment of sublicenses shall not be admissible.<\/p>\n<\/li>\n \t

                  9. Applicable law\/place of jurisdiction<\/strong>\n
                      \n \t
                    1. Unless explicitly agreed otherwise, the relationship between supplier and orderer is
                      \nsubject to and shall be governed by the laws of the Federal Republic of Germany.<\/li>\n \t
                    2. The place of jurisdiction within the meaning of \u00a7 38 para. 1 German Procedural
                      \nCode (ZPO) shall be the court of supplier's place of incorporation. However,
                      \nsupplier shall have the right to raise a claim at the general place of jurisdiction of
                      \norderer or at any other place as well.<\/li>\n<\/ol>\n
                        <\/ol>\n<\/li>\n<\/ol>\n\n\n<\/svg> AGB Download<\/a><\/div>

                        Remark: In case of doubt, the German version shall prevail<\/strong>
                        \n<\/em><\/p><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div>\n","protected":false},"excerpt":{"rendered":"

                        GENERAL CONDITIONS For delivery of machinery and services of IPROTec GmbH, Germany. Effective as of August 1, 2006for use with natural persons and legal entities (companies) who enter into an agreement or contract within the scope of their commercial or independent professional work and legal entities of public law or a public-law special fund. General provisions The general conditions of … <\/p>\n

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