GENERAL TERMS OF BUSINESS
ISOLAB Laborgeräte GmbH
1. General Conditions
Our General Terms of Business are binding for all deliveries and services. General terms of business of our contract partners, which differ from our terms, will not be accepted by us, even without explicit objection. Additional agreements have to be confirmed by us in writing.
Only the German law and the German text will be applicable. Place of performance is Wertheim. The place for jurisdiction, also for bill transactions, is Wertheim.
All important data, which are necessary for business transactions may be stored on computer. All information, which is not public knowledge and which results from the business relationship with our company, must be kept secret towards third parties.
Our offers are without engagement. We reserve the right to make technical alterations to the offered products.
3. Risk, Conditions of Delivery and Non-Acceptance of Delivery
The risk will be transferred to the buyer, as soon as the goods will leave our company. Deliveries will be effected ex factory, packing and insurance excluded, if no other agreements exist. Packing material of any kind may be returned to us within the range of legal regulations valid for us. Costs for the return of packing material will not be paid by us. Partial deliveries are permissible. Surplus quantities within the normal range (up to 15 %) are permissible and have to be accepted and paid by the customer. In case of delayed acceptance of the goods, we may sell the items at the customer’s expense to a third party or we may ask for compensation.
4. Delivery Times
Indicated delivery times are without obligation, unless a binding delivery time has been fixed in writing. Deliveries may be delayed due to Acts of God or strikes, interruption of work,shortage of raw materials or failure to deliver by our suppliers. Liability for delayed delivery will be limited to proven, gross negligence, caused by us.
5. Special Productions
Products, which are manufactured according to drawings, samples or instructions of the customer, cannot be returned. This applies especially to the individual software for computers, delivered by us. All kinds of software delivered are subject to the copyright and must neither be copied, modified nor presented in public without our written permission.
expense, if no other agreements have been made. Additional quantities in an appropriate ratio have to be accepted (up to 15% of the ordered quantity) by the customer and have to be paid, unless exact quantities have been agreed upon. The customer has to ensure that products, which are manufactured according to his instructions, do not interfere with any trade right, copyright or other rights of a third party. All damages resulting from any violation of such rights have to be compensated by the customer.
6. Payment Conditions, Prices, Delayed Payment
Products will be invoiced in Euro at the prices in effect on the day of delivery. Prices are ex factory with immediate payment, unless otherwise provided. In case of delayed payment, we reserve the right to charge the customer with all costs as well as interests for default to the amount of the respective rate of interest.
7. Reservation of Proprietary Rights
The delivered goods remain our property until complete payment. If the goods are resold or processed by the buyer, we are to be considered as manufacturer according to § 950 BGB and achieve the property of all intermediate or final products. The processing party is only the depositary. Other items, which are not our property, we achieve the co-property of this new product in proportion of the goods reserved to the other components.
The goods may only be sold within ordinary and regular business transactions and only, if claims arising from resale have not been assigned to a third party. The claims of the buyer resulting from resale are to be considered as assigned to us upon conclusion of the contract of sale. This is also valid, if our goods are combined or processed with other items. In this case, the assigned claims serve as our security only to the amount of the value of the sold merchandise under reservation of proprietary rights. The buyer is obliged to name us third debtors upon request and to inform them about the assignment. Amounts, which have been collected by him, have to be paid over to us, if our claims are due for payment.
Distraints and hypothecations of the goods under reservation of proprietary rights or of the assigned claims are not permissible. The buyer has to inform us immediately about any access of a third party to the goods under reserve of proprietary rights or to the claims assigned to us. Should, in the event of sales to foreign countries, the retention of title not be admitted with the same effect as under German Law, the goods involved will remain our property until payment of all our claims resulting from the contractual relationship brought about by sale of said goods. In case, however, this retention of title is not admitted with the same effect as under German Law, but if it is allowed to reserve other rights to said goods, we will be entitled to exercise all these rights. The buyer shall be obliged to co-operate in all measures we intend to take for the protection of our right of ownership or, in its place, of any other title to the goods.
Tools, moulds or other devices, which have been produced by us or handed over to the customer, remain our property, even if the customer has paid the costs for these in full or in part.