All delivery transactions are subject to these general terms of delivery and business conditions. Deviating and supplementary agreements, in particular contradictory terms and conditions require the express written consent of Engineers for Functional Safety.
All Seller's offers are non-binding. Orders shall be legally confirmed in writing the engineering company for Functional Safety. The same applies to declarations of acceptance. The engineering company for Functional Safety rejects in advance from any declaration of acceptance. Delivery is at the prices and conditions of the written order confirmation or invoice. Prices are ex works pastures.
The limits listed in order confirmations are binding. If after a period of 4 months after conclusion of significant changes such. As of customs duties and taxes (other than taxes on income and assets) or by currency controls or currency crises, which make a delivery to the originally confirmed price unreasonable to engineer society reserves for functional safety the right to adjust prices undelivered goods. Supply contracts are only effective if they are confirmed in writing. Delivery will be made at the prices and conditions of the written order confirmation.
Delivery dates or periods, which can be binding or not binding, must be in writing. Delivery dates and deadlines are scheduled by the engineering company for functional safety according to the delivery options. If the seller is responsible for the non-compliance with agreed deadlines and dates or is in default, the buyer has in this case the right to rescind the contract after having set an appropriate extension. Further claims are excluded. Delivery and service delays due to force majeure and due to events that complicate the engineering company for functional safety the delivery or make it impossible (strike, lockout, official orders etc.), the seller is not responsible even if binding dates and deadlines. They entitle the engineering company for Functional Safety, the delivery or performance by the duration of the hindrance plus a reasonable lead time or to withdraw from the contract because of the unfulfilled part completely or partially.
The risk is in all cases to the buyer once the shipment has been handed over to the person performing the transport or has the purpose of shipment left the factory seller. If shipment is delayed at the purchaser's request, the risk with the notification of readiness for shipment on him. The cost of transport always carries the buyer.
Payments will be made within 14 days from date of invoice with 2% discount or within 30 days from date of invoice without any deductions. Excluded from any discount granted are bills for rent, repairs, service and maintenance contracts, which are payable within 10 days without any deductions. From the 11th day in the case of non-payment pursuant to sentence 2 or 31 day non-payment in the case of sentence 1, we reserve the right to interest on purchase price claims without warning in accordance with §§ 288, 284 ff., 452 BGB and § 353 HGB to calculate.
7. Warranty and liability
Ensures Ingenieurgesellschaft for Functional Safety, that the goods sold at the time of transfer of risk free from material and workmanship defects. The warranty period is 12 months and begins with the date of delivery. The obligation of Engineers for Functional Safety of warranty is -after their choice - limited to repair or replacement of defective goods. Multiple repairs are permitted. If the repair or replacement after reasonable period of time, the purchaser can demand either a reduction in price or rescission of the contract. The buyer is obliged to inspect the goods immediately upon arrival with him. Seen here an obvious defect, which is caused by material or manufacturing defects, it has to notify them and to send the goods to Ingenieurgesellschaft für Functional safety without delay. If it is in the goods supplied by software, so has Ingenieurgesellschaft für Functional Safety indicated that these were prepared and tested it according to the prior art but impossible is computer software to create so that it perfectly in all applications and combinations works. Therefore, no liability or guarantee for errors and damage arising as a result or on the occasion of the use of the software to take effect. If operating and maintenance instructions of the seller fails to comply with, any changes to the products, parts are replaced or consumables used which do not meet the original specifications, so there is no warranty if the buyer is a substantiated claim that one of these circumstances has caused the defect does not refute. Excluded from the warranty are fuses, batteries, ceramic and glass engineering components and other consumption-material. Place of performance in terms of warranty is Weiden. The transport costs shall bear the buyer. For delivery of used items, all warranty and liability of Engineers for Functional safety is excluded. Claims for damages from positive breach of debt in the contract and tort are excluded both against the seller and against its vicarious agents. Any over the preceding provisions of other liability of Engineers for Functional Safety, irrespective of the legal reason, in particular for indirect and consequential damages is excluded.
8. Retention of title
Engineers for Functional Safety retains title to the goods delivered until full payment of all arising from business relations with the purchaser and any other demand arising from any legal grounds. Processing, mixing or conversion shall always be for the engineering company for Functional safety as manufacturers, however without obligation for this. If the (co-) ownership of the engineering company for Functional safety through connection, it is hereby agreed that the (co-) merges ownership in the uniform thing proportional value (invoice value) to the seller. The seller keeps the (co-) ownership of the engineering company for Functional safety charge. Goods to the engineering company for Functional Safety (co-) ownership, is hereinafter referred to as conditional goods. The buyer has the right to resell the goods delivered or resulting from the processing object to revocation under its ordinary business operations. The Purchaser hereby assigns to Ingenieurgesellschaft für Functional safety now as security all him from the resale and the business relationship with its customers in connection with the resale of outstanding receivables including ancillary rights (including all current account balance claims), including the ownership or co-ownership of the processed, illiterate or mixed objects or the new item from. The buyer is at all times authorized and obliged to collect the assigned claims on behalf of the Engineering Society of Functional Safety in its own name revocable. The Engineering Society of Functional Safety will release securities at the request at its option, as far as their value exceeds the claims by more than 20%. The goods may not be pledged until full payment without the written consent of the Engineering Society of Functional Safety nor transferred by way of security. If there is a resale of the goods, regardless of whether unprocessed, processed or transformed, before full payment, so this must be done only under retention of title. If third parties to the reserved goods, especially seizures, the purchaser shall indicate the ownership derIngenieurgesellschaft for functional safety and this without delay so that they can enforce their property rights. Costs and damages paid by the buyer. At behavior of the buyer - in particular default in payment - is entitled the seller to take back the reserved goods or, where appropriate, to demand assignment of the claims of the buyer against third parties. Repossession sowie- in the pledging of the goods by the engineering company for Functional Safety does not constitute withdrawal from the contract.
9. Export regulations
The goods delivered are subject to German export control regulations. The buyer is responsible for compliance with the relevant provisions to the end user.
10. Customs document
As part of the customs-related settlement, the buyer is responsible for the accuracy of the information provided by him.
11. Applicable Law, Place of Performance, Jurisdiction and Severability
For this delivery and business conditions and the entire legal relationships between engineering company for Functional Safety and buyer the right of the Federal Republic of Germany. As far as the buyer is a merchant within the meaning of the Commercial Code, legal entity under public law or public law special fund, pastures in the Upper Palatinate exclusive jurisdiction for all disputes arising from the contractual relationship directly or indirectly arising disputes. The place of fulfillment and jurisdiction is, even in the event that the purchaser still moved to conclusion of the contract domiciled or habitually resident abroad or his domicile or habitual residence at the time of initiation of legal action is unknown, Weiden. If any provision in these terms of delivery and business conditions or a provision of other agreements be or become ineffective, this shall not affect the validity of the remaining provisions or agreements.