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Privacy Policy

 
AGEMA Germany GmbH
1. General Information
  1. The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.
  2. Our general terms and conditions apply exclusively. Other general terms and conditions of the client do not apply.
  3. Our offers are non-binding. We reserve the right to make changes due to technical progress or legal requirements as well as changes in shape, color and / or weight within reasonable limits.
  4. We reserve our unrestricted property and copyright rights of exploitation to cost estimates, drawings, designs and other documents. Such documents may only be made accessible to third parties with our prior consent and must be returned to us immediately upon request.
  5. Proper and timely self-deliveries are reserved. This only applies in the event that we are not responsible for the non-delivery, in particular when concluding a congruent hedging transaction with our supplier. We will inform the customer immediately about the non-availability of the delivery item and in the event of withdrawal we will immediately reimburse the customer for the corresponding consideration.
  6. Partial deliveries are permitted as long as they are reasonable for the client.
2. Order confirmation, prices
  1. The exclusive contractual basis is the order confirmation or – if one does not exist – the delivery note in connection with the invoice. Agreements to the contrary require our written confirmation.
  2. The prices for machines and commissioned work apply ex works, excluding packaging, freight, postage and insurance. The prices are net prices. The value added tax will be billed additionally in the legally prescribed amount.
3. Payment
  1. Without a special agreement, the remuneration is due as follows:
    1. For machines immediately net free paying point, namely 1/3 down payment after receipt of the order confirmation, 1/3 after notification of readiness for dispatch and the remaining amount within a further month;
    2. For commissioned work, net within 14 days.
    3. For spare, wear and tear parts, net within 14 days.
  2. After the due date has occurred, the client is in default without further declarations from the contractor, provided that he has not yet paid.
  3. The client is not entitled to assert claims and rights due to defects if he has not made due payments or the amount due (including any payments made) is not in reasonable proportion to the value of the defective services.
  4. Payments are to be made in cash or by bank transfer.
  5. In case of default in payment, we are entitled to demand default interest of 9% points above the respective base rate. The client is allowed to prove that the contractor suffered less damage; the contractor is permitted to provide evidence of higher damage.
  6. The client can only offset claims that are undisputed or have been legally established.
4. Delivery time, default, delay
  1. Delivery times are binding if they are expressly confirmed by us in writing.
  2. Compliance with deadlines for deliveries requires the timely receipt of all documents to be supplied by the client, if necessary approvals and releases, in particular of plans, as well as compliance with the agreed terms of payment and other obligations by the client. If these requirements are not met in a timely manner, the deadlines will be extended accordingly; this does not apply if we are responsible for the delay.
  3. A delivery deadline is met if readiness for dispatch is notified by the time it expires or the delivery item has left the factory.
  4. If the failure to meet the deadlines is due to force majeure, e.g. Mobilization, war, riot or similar events, e.g. Strike, lockout, the deadlines are extended appropriately.
  5. If we are in default with the delivery, the client can – if he can credibly show that he has suffered damage as a result – compensation for each completed week of the delay of 0.5%, but no more than 5% of the price for the part of the deliveries with which we are in default.
  6. Both claims for damages by the client due to delay in delivery as well as claims for damages instead of the service that go beyond those in 4.5. the limits mentioned are excluded in all cases of delayed delivery, even after a delivery deadline that has been set for us. This does not apply if liability is mandatory in cases of willful intent, gross negligence or due to injury to life, limb or health. The client can only withdraw from the contract within the framework of the statutory provisions if we are responsible for the delay in delivery. A change in the burden of proof to the detriment of the client is not associated with the above regulations.
  7. Upon our request, the client is obliged to declare within a reasonable period whether he is withdrawing from the contract due to the delay in delivery or whether he insists on delivery.
  8. If dispatch or delivery is delayed by more than one month after notification of readiness for dispatch at the request of the customer, the customer can be charged a storage fee of 0.5% of the price of the goods to be stored, up to a maximum of 5%, for each month or part thereof. The contracting parties are at liberty to provide evidence of higher or lower storage costs.
5. Cancellation costs
  1. If the client withdraws from an order placed without authorization or if the contract does not come to fruition for reasons for which the client is responsible, we can claim 10% of the agreed remuneration as lump-sum compensation, without prejudice to the possibility of claiming higher actual damage.
  2. The client is free to prove that the damage did not occur at all or that it is significantly lower than the flat rate.
6. Warranty
  1. Claims for defects do not exist in the case of only minor deviations from the agreed quality and / or only minor impairment of usability.
  2. For defects in the delivery items, we initially guarantee, at our option, either repair or replacement.
  3. If the supplementary performance fails, the client can in principle, at his option, request a reduction in the payment (reduction) or cancellation of the contract (withdrawal). However, if there is only a minor lack of conformity, in particular only minor defects, the client has no right of withdrawal.
  4. Obvious defects must be reported in writing within a period of two weeks from receipt of the delivery items. Otherwise the assertion of a warranty claim is excluded. Deadline is sufficient for the timely dispatch. The client bears the full burden of proof for all claim requirements, in particular for the defect itself, for the point in time at which the defect was discovered and for the timeliness of the notification of defects.
  5. If the client chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he is not entitled to any additional claims for damages due to the defect.
  6. As a matter of principle, only our product description applies to the quality of the goods as agreed. Public statements, promotions or advertising do not represent a contractual specification of the quality of the goods. Information and data contained in data sheets, brochures and other advertising and information material serve only as a guideline and only become a binding content of the contract if we have expressly agreed to this in writing.
  7. If the client receives inadequate assembly instructions, we are only obliged to deliver fault-free assembly instructions and only if the fault in the assembly instructions prevents proper assembly.
  8. Information on properties and durability are only valid as guarantees if they are expressly designated as such. The same applies to assuming a procurement risk.
7. Limitations of Liability
  1. In the event of willful or grossly negligent breaches of duty as well as in the case of culpable injury to life, limb or health, we are fully liable for all damage attributable to this, unless otherwise stipulated by law.
  2. In the case of gross negligence on the part of non-executive employees, our liability for property and financial damage is limited to the foreseeable damage typical for the contract.
  3. In the event of slight negligence, we are only liable for property damage and financial loss if essential contractual obligations are breached. Here, too, our liability is limited to the foreseeable damage typical for the contract.
  4. Any further liability for damages than that regulated in the preceding paragraphs 1 to 3 is excluded – regardless of the legal nature of the asserted claim. This applies in particular to unauthorized acts according to §§ 823, 831 BGB; any unrestricted liability under the provisions of the German Product Liability Act remains unaffected.
8. Statute of Limitations
  1. The limitation period for claims and rights due to defects in deliveries is 1 year from delivery. This does not apply in the cases of § 438 para. 1 No. 1 BGB, § 438 Para. 1 Nr. 2 BGB and § 479 Abs. 1 BGB. The claims mentioned in the preceding sentence 2 are subject to a limitation period of 3 years.
  2. The limitation periods according to the above para. 1 apply – regardless of the legal basis of the claim – to all claims for damages against the contractor that are related to the defect. Insofar as there are claims for damages against the contractor that are not related to a defect, the limitation period of para. 1 Sentence 1.
  3. The above limitation periods do not apply a) in the case of intent, b) if the contractor has fraudulently concealed the defect; if the contractor has fraudulently concealed a defect, then instead of the provisions in para. 1 the statutory limitation periods that would apply in the absence of malice, c) in cases of injury to life, limb, health or freedom, in the event of claims under the Product Liability Act, in the event of a grossly negligent breach of duty or in the event of a breach of essential contractual obligations. In these cases the statutory limitation periods apply.
9. Retention of title
  1. We reserve title to the goods we have delivered until all claims from an ongoing business relationship have been settled in full. If the value of all security rights to which we are entitled exceeds the amount of all secured claims by more than 20%, we will release a corresponding part of the security rights at the request of the client.
  2. The client is obliged to treat the goods with care. If maintenance and inspection work is necessary, the client must carry this out regularly at his own expense.
  3. The client is obliged to notify us immediately of any third party access to the goods, for example in the event of a seizure, as well as any damage or destruction of the goods. The client must notify us immediately of a change in ownership of the goods or a change of residence or place of business.
  4. We are entitled to withdraw from the contract and to demand the return of the goods in the event of behavior by the client contrary to the contract, in particular in the event of default in payment or breach of an obligation according to clauses 2 and 3 of this provision.
  5. The client is entitled to resell the goods in the ordinary course of business. He already now assigns to us all claims in the amount of the invoice amount that accrue to him through the resale to a third party. We accept the assignment.
  6. The processing of the goods by the client is always done in our name and on our behalf. If processing takes place with items that do not belong to us, we acquire co-ownership of the new item in proportion to the value of the goods delivered by us to the other processed items. The same applies if the goods are mixed with other items that do not belong to us.
10. Final provisions
  1. The law of the Federal Republic of Germany applicable to legal relationships between domestic contractual partners applies without exception. The application of the UN Sales Convention of April 11, 1980 is excluded.
  2. The exclusive place of jurisdiction for all disputes arising from this contract is our place of business. This also applies if the client does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is unknown at the time the action is brought. However, we are also entitled to sue at the customer’s headquarters.

Status: December 2010