"Es gelten die DEUTSCHEN AGBS"
I. General information
General sales terms and conditions No .: 11/2009 of the company SIM Products UG (limited liability) (status: November 2009)
1.For the entire business relationship between SIM Products UG (limited liability) and the consumer, including the future, these General Terms and Conditions of Sale and Delivery shall apply exclusively: 11/2009. Other terms of purchase or other general terms and conditions of the consumer are hereby contradicted. They are not applied. SIM Products UG (haftungsbeschränkt) is entitled to amend its General Conditions of Sale, Delivery and Business No .: 11/2009 with effect for the future entire business relationship with the consumer after a corresponding notification.
2.If a framework agreement exists between the consumer and SIM Products UG (limited liability), these General Conditions of Sale and Delivery apply to both this framework agreement and the individual order.
II. Conclusion of contract
1. Offers from SIM Products UG (limited liability) are free and non-binding. The documents, such as illustrations, drawings, weights and measurements, which are part of the offer are only approximate values, unless they are expressly declared as binding. If SIM Products UG (limited liability) provides the consumer with drawings or technical documentation on the technical purchase object to be delivered, these remain the property of SIM Products UG (limited liability).
2. Orders of the consumer are binding on the consumer. Unless otherwise agreed in writing by SIM Products UG (limited liability), the delivery or invoice shall be deemed confirmation of order.
3. If the Purchaser is a merchant, the contents of orders and agreements shall be subject exclusively to the written or telephone confirmation of SIM Products UG (limited liability) unless the Purchaser immediately objects in writing. This applies in particular to verbal or telephone orders and agreements. A notification to SIM Products UG (limited liability) is then no longer immediately if SIM Products UG (limited liability) has not been delivered within seven days.
III. Delivery date, scope of delivery, delivery delay
1. Delivery dates and deadlines shall only be deemed to be approximate if SIM Products UG (limited liability) has expressly made a written commitment as binding. In the event of non-timely clarification of all the details of the order by the consumer and the non-timely provision of all intermediate consumption of the consumer, the delivery dates shall be extended accordingly. Delivery dates are deemed to have been adhered to with notification of readiness for dispatch.
2. SIM Products UG (limited liability) is entitled to partial deliveries insofar as these do not fall below the minimum acceptable minimum.
3. The consumer shall check and acknowledge the delivery note. Any objections shall be reported immediately to SIM Products UG (limited liability) in writing. Otherwise, the acknowledged delivery quantity is considered as accepted.
4. In the case of delays in delivery due to operational disturbances, official measures, absence of deliveries to SIM Products UG (limited liability) or force majeure, the delivery period is extended accordingly. Force majeure is also present in the case of industrial action, including strikes and lawful lockouts. SIM Products UG (limited liability) or with the suppliers of SIM Products UG (limited liability). In such cases, the consumer's claims for damages shall be excluded within the limits of Section VII (General Limitation of Liability).
5. In the event of a delay in delivery, the consumer can withdraw from the contract after setting a reasonable period of grace and expressly declining the acceptance of the service after the expiry of this period if the service does not take place within the extended period. Any further claims for delay in delivery, in particular claims for damages, shall be excluded in accordance with the provisions of Section VII (General Limitation of Liability).
IV. Prices, terms of payment
1. Prices do not include VAT, freight, customs, postage, packaging, insurance and other expenses. The prices valid on the day of delivery are decisive for the calculation of brand new / used machinery / equipment / laboratory equipment.
2. In the absence of special agreements, invoices are due immediately without deduction.
3. If the consumer is in default of payment, the seller is entitled to demand default interest of 10% above the base rate. We reserve the right to assert a concrete default.
4. The consumer is only entitled to set-off rights if his counterclaims
Legally valid, undisputed or recognized by SIM Products UG (limited liability).
V. Transfer of risk, acceptance
1. The risk shall pass to the consumer at the beginning of the loading or dispatch of the delivery item, even if partial deliveries are made or SIM Products UG (limited liability) or other services, eg shipping costs or delivery. If the delivery item has to be accepted.
2. If shipment or acceptance is delayed for reasons beyond the control of SIM Products UG (liability-limited), the risk of the date of notification of the dispatch-
To the consumer.
VI. Warranty, complaint
1. For defects of the delivery, SIM Products UG (limited liability), with the exclusion of further claims, is liable as follows:
1.1 The warranty periods for new products are for private use
(Consumer goods purchase, § 474 BGB) from risk transfer 12 months, for commercial and / or professional use 12 months. The guarantee for new WISD devices is 24 months against the manufacturer.
1.2 In the case of used products, the guarantee period is 14 days from the transfer of risk for private use (consumer goods purchase, § 474 BGB), and 14 days after receipt of the goods for commercial and / or professional use.
With the remaining accessories in the condition in which they are at the conclusion of the contract. Any liability for open or hidden defects is excluded even if the machine was not previously inspected by the consumer, unless SIM Products UG (limited liability) would have concealed the known defects deliberately or with gross negligence.
2. The provisions of paragraph 1 shall not apply in the case of assured characteristics or in the case of culpable breach of contractual obligations. Such claims by the consumer as well as claims for damages that have not been incurred on the delivery item itself are excluded within the legally permissible scope in accordance with the provisions of Section VII (General limitation of liability). If the warranty is improved or subsequently delivered, this does not trigger a new start of the warranty period.
3. Properties are only assured if they are expressly designated as such in the contract. Verbal data provided by SIM Products UG (limited liability) do not contain any representations. Samples, samples, dimensions, DIN regulations, performance descriptions and other information on the nature of the delivery item serve the specification and are not guaranteed properties.
4. Damage caused by external influence, improper installation and handling, faulty operation or maintenance, corrosion or ordinary wear and tear are excluded from the warranty. In the latter case, the warranty in particular does not extend to the wear and tear of wearing parts. Wear parts are all rotating parts, all drive parts and tools. When selling a machine, these warranty rules are based on one-shift operation.
5. The consumer is obliged to inspect the delivered goods immediately upon receipt at the customer's expense and to immediately notify in writing any defects, wrong deliveries, obviously not permissible wrong deliveries or minor quantities, SIM Products UG (haftungsbeschränkt). An exclusion period of seven days from receipt of the delivery is valid for the advertisement. Concealed defects are to be reported to SIM Products UG immediately upon discovery. In all other respects, §§ 377,378 HGB (German Commercial Code) shall remain unaffected in the event of a trade transaction between merchants.
6. Any deficiencies in quality of a partial delivery shall not entitle the holder to reject the remainder of the completed quantity, unless the consumer can prove that the acceptance of only part of the delivery is unreasonable, taking into account the circumstances.
7. If the consumer determines a defect, he may not alter, process or deliver the delivered goods to third parties, but shall grant SIM Products UG (limited liability) sufficient opportunity and time to convince himself of the defect and, if necessary, Or replacement delivery); Otherwise all claims for defects are void. Irrespective of the existence of a defect, the warranty claims also expire if modifications or repair work are carried out by the consumer or a third party without the authorization of SIM Products UG (limited liability).
8. The seller must immediately be informed of any transport damage. The consumer must deal with the freight forwarder, in particular, to take all the necessary formalities to ensure the right of recourse against third parties. If commercial breakage, shrinkage or the like remain within reasonable limits, this can not be contested.
VII. General limitation of liability
1. If the goods can not be used in accordance with the contract by the fault of SIM Products UG (limited liability) due to faulty or faulty advice before or after conclusion of the contract or by the violation of other contractual obligations (eg operating or maintenance instructions) The terms and conditions of the S Terms and Conditions are excluded.
VIII. Reservation of title, collateral
1. SIM Products UG (limited liability) reserves the right to ownership of the delivery item until receipt of all payments from the delivery contract. In the case of a breach of contract by the consumer, in particular in the event of a delay in payment, or in the case of an application for the opening of insolvency proceedings, SIM Products UG (limited liability) is entitled to take back the delivery item after a reminder. In the case of seizures or other interventions by third parties, the consumer must immediately notify SIM Products UG (limited liability) in writing.
2. The consumer is entitled to resell the delivery item in the ordinary course of business. However, he already assigns to SIM Products UG (liability-limited) all claims arising from the resale against the customer or against third parties, whether or not the reserved goods are sold without or after processing. The consumer is also authorized to collect these claims after the assignment. The power of SIM Products UG (limited liability) to collect the claims itself remains unaffected; However, SIM Products UG (limited liability) undertakes not to collect the receivables as long as the consumer properly meets his payment obligations. SIM Products UG (limited liability) may require the consumer to notify the assigned claims and their debtors, provide all the information necessary for collection, hand over the related documents and notify the debtors of the assignment. If the delivery item is sold together with other goods which do not belong to SIM Products UG (limited liability), the consumer's claim against the buyer shall be deemed to be assigned to the customer in the amount of the delivery price agreed between SIM Products UG (limited liability) and the consumer.
X. Legal effectiveness, data protection
1. Should one of the provisions of these General Conditions of Sale and Delivery be or become invalid, this shall not affect the validity of the contract. In its place the legal regulation applies. In no case will the relevant provision be
In these General Conditions of Sale and Delivery are replaced by the terms and conditions of the consumer / buyer.
2 Any changes or additions to the contract require written confirmation in order to be effective.
3 Legal declarations of intent such as dismissals, withdrawal declarations, demand for purchase price reduction or compensation for damages shall only be effective if made in writing.
XI. Closing conditions
1. Unless otherwise agreed in the contract, the place of performance for payment and the delivery of goods is the place of business of SIM Products UG (limited liability)
2. If the purchaser, merchant, is a legal person of public law or a public special fund, the place of business of SIM Products UG (limited liability) is the court of jurisdiction for all legal disputes, including in the context of a bill of exchange or check; Complaints against SIM Products UG (limited liability) can only be made there.
3. It is exclusively the right of the Federal Republic of Germany to apply under exclusion of international private law, the unified international law and under exclusion of the UN purchase right.
XX Court of Jurisdiction: Amtsgericht Mannheim