General Terms and Conditions (GTC) of
As of: 01.08.2014
§ 1 Scope of Conditions
(1) The deliveries, services and offers of SiKon GmbH are made exclusively on the basis of these terms and conditions.
These also apply to all future business relationships, even if they are not expressly agreed again. At the latest with the receipt of the goods or services, these conditions are considered accepted.
Counter-confirmations of the customer with reference to its terms and conditions are hereby contradicted.
(2) All agreements made between SiKon GmbH and the customer for the purpose of executing this contract shall be set out in writing in this contract.
§ 2 Offer and conclusion of contract
((1) The offers of SiKon GmbH are subject to change and non-binding. Technical improvements and subletting are reserved. Contracts come into being when they are confirmed in writing or by fax or when SiKon GmbH begins to perform the ordered services. Contract supplements or amendments must be in writing.
(2) Drawings, illustrations, dimensions, weights or other performance data are only binding if this has been expressly agreed in writing.
(3) The employees of SiKon GmbH are not authorized to make verbal side agreements or to give verbal assurances that go beyond the content of the written contract.
(4) With the order confirmation, the customer guarantees that third party rights, official measures, etc. do not conflict.
The customer guarantees that he is the owner of the copyright usage and service rights that are required for the rented service.
If the rights of third parties are violated, the customer indemnifies SiKon GmbH from any claims on the part of the third party. The customer also bears the costs of legal defense, insofar as they necessarily arise for SiKon GmbH.
§ 3 Prices
(1) Unless otherwise agreed in writing, the list prices valid at the time of conclusion of the contract plus statutory VAT apply. All prices are ex warehouse, excluding shipping, transport, insurance and packaging. Additional services (eg assembly, consumables, etc.) Will be charged separately.
(2) Insofar as prices are calculated according to the term of the devices, the value of the device determined by SiKon GmbH shall be decisive for return or project end.
(3) SiKon GmbH is entitled to insure the items against theft, breakage, fire, water and other damage at the cost of the customer, unless the customer himself has demonstrably taken out adequate insurance. Insurance proofs of the purchaser are to be deposited in writing with SiKon GmbH until the beginning of the rental period, later proofs of insurance will not be accepted.
The insurance may also be invoiced by SiKon GmbH at a later date.
§ 4 Delivery time, return delivery
(1) The delivery period is only considered as approximately agreed.
The delivery period begins on the day the order confirmation is sent, but not before clarification of the technical questions still outstanding at the time the contract is concluded and before receipt of the approvals, releases to be procured by the customer and before receipt of an agreed down payment.
The delivery deadline is met if the goods have left the warehouse by the end of the delivery period or if the goods are ready for shipment in the event of dispatch.
(2) Delivery and service delays due to force majeure and due to events that make SiKon GmbH not only temporarily difficult or impossible the delivery - this includes in particular strike, lockout, official orders, etc., even if they are with suppliers of SiKon GmbH or their SiKon GmbH is not responsible for subcontractors, even with bindingly agreed deadlines and dates.
(3) Compliance with the delivery and performance obligations of SiKon GmbH requires the timely and proper fulfillment of the obligations of the customer. This also means that the customer has paid all invoices already submitted and due.
(4) If the customer defaults on acceptance, SiKon GmbH is entitled to demand compensation for the damage incurred.
(5) The return of the rented equipment shall be effected by 10.00 am on the day indicated in the delivery note.
In case of late return SiKon GmbH is entitled to charge the customer for the extension of the rental period at unlisted list prices. In the event of improper return of the devices (uncoiled cables, soiled devices, etc.), SiKon GmbH will reimburse the customer for the workload incurred.
§ 5 Payments, discounts
(1) Unless otherwise agreed, SiKon GmbH invoices are payable without deduction 10 days after the invoice is issued. Discount deduction requires a separate agreement. If the customer defaults on payment, SiKon GmbH will operate the simplified dunning procedure.
(2) If the customer is in arrears, SiKon GmbH is entitled to demand from the relevant point of time 2% interest above the respective discount rate of the Deutsche Bundesbank as a lump sum compensation.
SiKon GmbH reserves the right to charge higher interest. Discounts granted expire without compensation if the payment date is exceeded.
(3) For new customers or if SiKon GmbH becomes aware of circumstances that question the creditworthiness of the customer, SiKon GmbH is entitled to call the entire remaining debt due, even if it has accepted checks. SiKon GmbH is also entitled in this case to demand advance payments or security.
(4) The customer is only entitled to set-off and retention if the counterclaims have been legally established or are undisputed.
(5) Granted company discounts from previous offers or invoices are not binding for the current discount grant.
§ 6 Withdrawal
(1) The customer can withdraw from his order at any time. The resignation must be declared in writing.
Decisive for the resignation date is the receipt of the declaration of withdrawal at SiKon GmbH.
(2) In the event of withdrawal, SiKon GmbH can request appropriate replacement for the preparations made.
In case of withdrawal from 10 calendar days before the beginning of the rental period, SiKon GmbH charges 55% of the total remuneration, as of 3 calendar days 80%. SiKon GmbH reserves the right to demand a higher replacement if it can be proven that SiKon GmbH has incurred higher costs.
§ 7 Extraordinary termination
(1) Without prejudice to the provisions made in § 6, the contract can only be terminated by both parties for an important reason. This also applies in particular if additional services are to be rendered by SiKon GmbH.
(2) SiKon GmbH is entitled to terminate without notice if a significant deterioration in the economic conditions of the purchaser occurs, especially if he does not fulfill the obligations under the contract, sustained seizure or other foreclosure measures against him or if over his assets, the bankruptcy or an out-of-court settlement procedure is opened.
§ 8 Warranty
(1) The warranty obligation for obvious defects in the goods does not apply if the customer does not examine the goods immediately after receipt and notifies SiKon GmbH of the defect immediately. Complaints must be made in writing.
(2) No liability is assumed for damage that has arisen for the following reasons: unsuitable or improper use, incorrect assembly or commissioning by the customer or third parties, normal wear and tear, incorrect or negligent handling, unsuitable equipment.
§ 9 Limitation of Liability
(1) Claims for damages from positive breach of claim and from tort are excluded both against the managing director, his employees and against his vicarious agents, unless there is willful or grossly negligent action
(2) Any liability is limited to the damage foreseeable at the time the contract was concluded.
§ 10 Retention of title
(1) All goods sold remain the property of SiKon GmbH until full payment.
§ 11 Applicable law, place of jurisdiction, partial nullity
(1) The law of the Federal Republic of Germany shall apply to these terms and conditions and the entire legal relationship between the contracting parties.
(2) The exclusive place of jurisdiction is Munich.
(3) Should a provision in these terms and conditions be or become ineffective, this shall not affect the validity of all other provisions. Such are to be reinterpreted into valid regulations, which correspond to the economic sense.
As of: 01.08.2014