Preliminary remarks:
The following delivery / payment conditions form the basis of the delivery and service contracts of the company poly klima GmbH, hereinafter referred to as "poly klima", "we" or "us".
Deviating provisions of the purchaser are only binding for us if they have been expressly confirmed by us in writing.
I. Conclusion of the contract
1) The delivery and service contract is only concluded by written order confirmation of the entrepreneur.
II. Offers and prices
1) Our offers are non-binding. All agreements, promises, assurances and guarantees of our employees in connection with the conclusion of the contract shall only become binding upon our written confirmation.
A binding price determination is made only by written confirmation of the entrepreneur and under the reservation that the order data underlying the order confirmation remain unchanged. The prices of the entrepreneur are in EUR plus the statutory VAT applicable at the time of delivery.
2) Changes made to the product after the order has been confirmed at the request of the purchaser shall be charged to the purchaser.
3) If later than 4 months after conclusion of the contract changes or other extraneous costs, which are contained in the agreed upon price, or they are new, we are entitled to a corresponding adjustment to a price adjustment.
III. terms of payment
1) Unless otherwise agreed, all invoices of poly klima GmbH are due 14 days after receipt of the invoice and without deductions.
2) If the payment deadline is exceeded, we are entitled to demand default interest in the amount of 5% above the base rate of the Deutsche Bundesbank.
IV. Retention of title
1) The delivered goods remain the property of the company until full payment of all existing claims of the company.
V. Warranty
1) The warranty obligation for newly manufactured products is 2 years, for used, overworked products 1 year. If the customer is a legal entity of public law or public special assets, the warranty period is 1 year.
2) The customer has to inspect the goods immediately after delivery for freedom from defects. Obvious defects must be reported to us immediately, but at least within one week after receipt of the goods in writing. If obvious defects are not reported, not timely or not in accordance with the form, the warranty is void in this regard.
3) Other defects must be reported to us within one week of becoming aware.
4) Minor defects that do not significantly affect the value, fitness or usability of the product are excluded from the warranty.
5) poly klima is entitled to perform supplementary performance at its own discretion. This means that we decide whether a defect removal or a new delivery is made. If the supplementary performance fails, we are entitled to repeated supplementary performance. Even in the case of repeated subsequent performance, poly klima decides between new delivery or removal of defects.
6) The customer is only then entitled to withdraw from the contract and / or to assert claims for damages if the fulfillment has repeatedly failed. Claims for damages only exist if the entrepreneur has acted with gross negligence or intent. Compensation for consequential damages is excluded, unless they are based on intent.
VI. breach of duty
1) The liability for breaches of duty by the company poly klima GmbH is limited to grossly negligent or intentional breaches of duty.
2) In the provision of works services on presentation of the purchaser, in particular the liability for the infringement of industrial property rights of third parties is excluded. An examination obligation on the part of poly klima does not exist with regard to property rights of third parties.
VII. Jurisdiction and applicable law
1) For all disputes arising from the contractual relationship, the registered office of the company (here: Freising) is specified as the place of jurisdiction.
2) For all legal relationships between us and the customer, the law of the Federal Republic of Germany, which governs the legal relations between domestic parties, applies exclusively
3) Except, however, is the application of the uniform UN sales law or other conventions on the right of sale of goods in Germany.
VIII. Copyright and confidentiality
1) Our offers, orders and inquiries, as well as the associated documents, including the technical and commercial information contained therein, may not be used or made accessible to third parties without our prior consent. This also applies to the transfer of documents
IX. data processing
1) The client allows the data required in order processing and billing to be processed and stored by EDP.
X. Final provisions
1) The invalidity of individual provisions does not affect the validity of the remaining provisions. The ineffective provision is considered as replaced by an economically equivalent provision.
2) All declarations which affect the effectiveness of the contractual relationship must be in writing. A change of the writing requirement in turn requires the written form.