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1. Area of application |
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1.1. To all our offers, supplies and
achievements apply the following general business causing, if not
expressly and in writing something else was agreed upon.
1.2. General trading conditions of a supplier or
a customer apply only, if these were accepted in writing by us.
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2. Contract offer, conclusion and
completion |
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2.1. All our offers are not-binding and
noncommittal.
2.2. A conclusion of a contract comes by
the transmission of a confirmation of order, the acceptance of the
dispatched commodity by the customer or by the execution of the first
fulfilment action.
2.3. Verbal explanations, special agreements and
agreements are noncommittal.
2.4. The transmission of rights and obligations
from a contract require writing.
2.5. All terminations of contract require
writing.
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3. Supply, periods and passage of the
risk |
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3.1. The times for delivery indicated by us
apply approximately, if something else was not agreed upon in writing.
3.2. The times for delivery extend if
necessary by the time, until the orderer handed us over all information
necessary for the execution.
3.3. If differently does not agree, all ordered
goods are set by surname by one of us ordered delivery service.
3.4. The dispatch takes place on danger of
the customer. The danger of the coincidental fall, damage or
degradation turns into at the time on the customer, by handing the
commodity to the transport enterprise over.
3.5. A transport insurance is
closed only on express desire of the customer to its loads.
3.6. We are entitled to partial deliveries.
3.7. With lieferverzoegerungen due to
higher force, measures in the framework labor disputes, legal or
official arrangements, operational disturbances, as well as not -,
wrongly or late supplies of our suppliers, directly for what reason, we
reserve us to postpone the distribution of the commodity with an
appropriate starting time. If it concerns a presumably durable
obstacle, we reserve ourselves the right to refuse the distribution
totally or partly and withdraw from the supply contract.
3.8. If the customer refuses the acceptance
of the commodity or retards if dispatching the supply for other
reasons, which are at the customer, passage of the risk with
announcement the ready for dispatch shank takes place to the customer.
The customer carries storage costs after passage of the risk. We are
entitled to compute storage costs overall with 0,5% of the invoice
amount for each month or the actual costs. In addition we can set a
respite for the customer from 14 days and withdraw for operational
sequence without result of the term from the contract or require
payment of damages because of default.
3.9. If we are in delay and if the
customer insists on supply, then he can require substitution of the
damage caused by default beside it only if us resolution or rough
negligence falls to the load.
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4. Prices and terms of payment |
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4.1. The prices apply zzgl. for the legal value
added tax.
4.2. Packing and forwarding expenses are
separately computed and are from the customer to to be carried.
4.3. Our calculations are immediately due
and without departure payable. A payment is considered only then as
effected if we can have the amount. In the case of a delay of payment
we are entitled to compute interests at a value of 5% over the
respective Federal Bank rate of discount. Changes or cheques are
received only according to agreement and in payment of a debt and apply
only after its redemption as payment. Discount and introduction
expenses go debited to the orderer. For the punctual collecting main we
do not take over adhesion.
4.4. The customer is not entitled to
shorten our demands around counterclaims unless these by us in writing
recognition or validly determined are. A right of lien of the customer
is impossible.
4.5. The customer is not entitled to retire to
demands from the present Treaty without our agreement third on.
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5. Retention of title and acceptance |
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5.1. Our supplies exclusively take place under
property and/or author reservation.
5.2. To supplies at Nichtkaufleute applies:
The retention of title expires with complete payment of the reservation
commodity. To supplies to buyers applies: The retention of title
expires only with the payment of all, from the business relation
existing demands. The commercial customer can require the release of
reservation commodity, as far as the value of the commodity exceeds the
sum of the still open demands around 20%..
5.3. The not commercial
customer is not
entitled to have the reservation commodity. As long as the commercial
customer is not in delay, it is entitled to process and/or further-sell
the reservation commodity in the normal course of business.
Approximately third the customer retires which are entitled
requirements to him from resale or an other reason concerning the
reservation commodity safeguardfor the sake of at us; we accept the
transfer. We authorize the customer, revocably, to draw in the retired
demands in the own name and on own calculation. The customer can
require the reassignment of the demand approximately third, as far as
this exceeds the sum of our still open demands around 20%..
5.4. If our reservation
property expires to
supplied commodity (e.g. by connection with other things) by processing
of us, then the customer transfers the co-ownership at the thing
already resulted from connection hereby to us. The delivery is replaced
by the fact that the customer free of charge along-keeps the new thing
for us, resulted from connection.
5.5. If third rights make
regarding the
reservation commodity validly, e.g. in the case of a seizing, the
customer has to refer to our property and inform us immediately. Costs
one if necessary necessarily becoming intervention by us has the
customer to refund.
5.6. If none of the parties
involved
requires a written acceptance, or the date for an acceptance does not
come by a reason to represent that the customer has, applies the
contractual achievements of the north IC software by the use of the
customer as decreased.
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6. Conversion and backtook |
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6.1. Conversion and/or cancelling takes
place only with as can be prove wrong supply. A fair trading conversion
of consignments of goods, confirmed in writing by us, is loaded in
principle with a handling charge of 10% of the commodity value.
6.2. With the opening of the packing of
software or documents the buyer recognizes the copyright protection on.
The conversion original packaging damaged opened by software during or
is impossible, it is, the data media is defective or not readable.
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7. Non-liability |
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7.1. An adhesion for normal wear is impossible.
7.2. Used commodity is sold under exclusion of
jedweder guarantee.
7.3. We do not take over guarantee for lack
and damage, which developed from unsuitable or inappropriate use,
neglect of application references or incorrect or careless treatment.
7.4. We do not take over adhesion for
damage and/or damages, which result from the use of products assigned
acquired by the customer or.
7.5. The customer commits itself to the
co-operation and supports our coworkers and executing aides with the
problem definitions after forces and information.
7.6. Before all hard -, software available
and changes of configuration makes the customer solely responsible a
complete and data protection of programs, data and data media,
back-storable by him, in order to turn damage away of each kind.
7.7. The guarantee expires, if the customer
interferences and/or repairs at devices without express, written
confirmation of us or by persons lets make, who were not authorized by
us, if the disturbance thereby can stand in the connection.
7.8. The customer uses program products on own
risk. An adhesion for damage and/or damages by the north IC is
expressly excluded..
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8. Final clauses |
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8.1. The area of jurisdiction is Hamburg.
8.2 .We keep ourselves forwards at the seat of
the customer to complain.
8.3. In the transnational supply traffic German
right applies.
8.4. With inefficacy of individual
regulations of these general trading conditions the remaining
regulations remain further effective.
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