1. General
Legal transactions with our customers are concluded on the basis of these terms and conditions. Deviating agreements and terms and conditions are only binding if they are confirmed by us in writing.
2. Conclusion of a contract
Our offers are non-binding. The order is only considered accepted when it has been confirmed by us in writing. Technical information in brochures does not represent guaranteed properties. Drawings, samples and other documents that are not part of the object of purchase remain our property. They may only be made available to third parties with our consent and must be returned to us upon request. This applies in particular to planning and / or advisory sketches, samples and all company documents that are not part of the advisory and / or commercial contract. The contractor reserves the right to invoice the agreed service by post or electronically by email.
3. Prices
The list prices in the price list at the time of delivery apply, ex works. In the case of small orders with a goods value of less than EUR 150, EUR 25 is charged for processing the order.
4. Delivery and acceptance
The delivery takes place at the expense and risk of the customer. This also applies if carriage paid delivery has been agreed. Part deliveries are permitted. The packaging is customary in the industry and is charged at cost. If the delivery is delayed due to the fault of the customer, we are to be reimbursed for the resulting costs. If we are prevented from fulfilling our delivery obligation due to unforeseen obstacles which we cannot avert despite the care that is reasonable under the circumstances - regardless of whether this occurred in our company or at the supplier's premises - the delivery time is extended appropriately, even if there has already been a delay in delivery . If delivery is subsequently impossible due to these obstacles, we are entitled to withdraw from the contract retrospectively. Claims for damages due to delay or impossibility are excluded in transactions with business people if there is no intent or gross negligence on the part of our executives and our vicarious agents. In the case of business with non-traders, claims for damages are limited to the proven damage, but not more than 10% of our invoice value of the goods, the delivery of which we are in default or the delivery of which has become impossible for us, if gross negligence on the part of us or our employees and vicarious agents is not are present. If the delivery is not accepted by our customer, we are entitled to withdraw from the contract after setting a grace period of 14 days. It is not necessary to set a grace period if the customer seriously and finally refuses acceptance. The damage - for compensation is 30% of the value of not decreased delivery, if the customer does not prove a lower damage.
5. Shipping
Shipping costs are calculated according to the shipping cost price list (see www.imt-zinssmeister.de ). The shipping method is determined by us.
6. Notification of defects
Obvious defects will only be recognized by us if they are reported to us in writing within 10 days of receipt of the goods, but in any case prior to processing or installation, stating the manufacturer and the delivery note number.
7. Warranty and Liability
We guarantee for guaranteed properties and freedom from defects within the scope of the manufacturer's guarantee, in accordance with the state of the art. The prerequisite for guaranteeing the delivered goods is the correct description of the operating conditions and appropriate use. Liability for guaranteeing defective goods is limited to subsequent delivery or repair. In the event that these measures fail, the customer can request a reduction in the agreed price (reduction) or cancellation of the contract (change). Further claims are excluded, unless the damage is based on an intentional or grossly negligent breach of contract by us or one of our legal representatives or vicarious agents. Alleged defects (even in partial areas) in the delivery do not entitle to withhold the controversial invoice amount. Warranty claims expire in the statutory period.
8. Return of goods / right of withdrawal
In the event that we return resalable goods and put them in stock , we charge a flat rate of 30 % of the value of the goods, but at least EUR 50 as a processing fee. Custom-made products by the manufacturer and imt cannot be returned or exchanged. If you place your order as a consumer (i.e. as a natural person for a purpose that can neither be attributed to your commercial nor your independent professional activity, § 13 BGB), you can do this without giving reasons by fax, e-mail or revoke simply by writing or by returning our goods. A cancellation period of one month after receipt of the goods must be observed for the dispatch of the declaration of cancellation or our goods, which begins at the earliest with receipt of a cancellation policy to be communicated separately in writing.
9. Payment
Unless otherwise agreed, our invoice amounts are due and payable according to the invoice details, provided that the customer has paid previous invoices. In the event of default in payment, we are entitled to charge default interest in the amount of 8% (Section 288 BGB) above the respective base rate (according to Section 247 (1) BGB). In installment or exchange - issue the deferred balance is due if a rate is not paid or an exchange is not honored.
10. Compensation for Damages
Advice in any form takes place within the given possibilities to the best of our knowledge and belief, taking into account the manufacturer's data and information. It's free. Liability is not assumed unless liability is mandatory according to the statutory provisions. Assurances from third parties are only effective with our written confirmation. Liability for all claims for damages of the buyer -with the exception of the statutory liability for intentional and assured Properties is independent of whether they are on legal provisions, tortious acts, contractual agreements the injury, negligence in Vertragsabschlu ss or based on any other legal grounds, as follows limited: We or our vicarious agents and legal representatives are only liable for damage to the buyer insofar as they are guilty of gross negligence . In any case, liability is only assumed for such damage to the buyer that we could foresee in terms of type and scope at the time the contract was concluded, taking into account all circumstances known to us or culpably unknown.
11. Retention of title
The goods delivered by us or our contractual partners remain our property until the purchase price has been paid in full, as well as other claims due to us from the business relationship. If the goods are legitimately resold, combined with other products or processed, the customer assigns the resulting claims to the extent that rental property arises. He is authorized to collect the claims as long as we do not revoke them. The customer is obliged to notify us immediately of any impairment of the assigned claim, in particular through seizure. Upon request, he must notify his contractual partners of the assignment in writing, give us the information necessary to assert our rights and hand over the necessary documents. The retention of title also remains if the invoice is included in a current invoice.
12. Partial ineffectiveness
Partial ineffectiveness of individual provisions does not result in the ineffectiveness of these sales conditions.
13. Legal Entitlement
German law applies exclusively to the relationship between us and the buyer.
14. Place of performance and jurisdiction
The place of fulfillment for the delivery is the respective place of dispatch of the goods. The place of performance for all obligations of the customer is the registered office of imt . The place of jurisdiction - also for bills of exchange and check actions - is also the registered office of imt if the customer is a registered trader. The place of jurisdiction agreement is also made for all cases in which the customer does not have a general place of jurisdiction in Germany. It applies exclusively ss Lich German law, the application of the UN sales law is excluded.
Fulfillment: D-82383 Hohenpeißenberg | Place of jurisdiction: D-82362 Weilheim