GENERAL TERMS AND CONDITIONS
Commercial conditions to the offer
1. terms of payment
1.1 Payments shall be made without any deduction free Contractor’s payment office according to the offer. 1.2 In the case of supplies and work for which no provisional final sum can be fixed at the time of the order, the Contractor reserves the right, depending on the circumstances, to request a down payment at the time of the order and payments on account during the period of performance in accordance with the costs incurred. Advance payments and payments on account do not bear interest. 1.3 The delivery period shall commence on the date of receipt of the down payment, provided that the other contractual conditions applicable thereto have been fulfilled. 1.4 In the case of payments of any kind, the date of performance shall be the date on which the Supplier can freely dispose of the amount. 1.5 If the payment dates are exceeded, the consequences of default shall arise without the need for a special reminder. The Client as debtor shall thereupon be notified by the Contractor of the default in payment. Without prejudice to any other or further rights and claims, interest on arrears shall be owed annually at a rate of 4 percentage points above the EURIBOR rate. 1.6 If the Customer continues to be in default with the payment of the price despite a reminder, the Contractor shall be entitled to demand the surrender of the goods and damages for non-performance (see also “Retention of Title”). In the event of default, in particular in the event of suspension of payment, seeking a settlement or moratorium, all claims of the Contractor shall become due immediately.
2. services of the client
In order to be able to carry out the project smoothly, the cooperation of the client is required. The following services are to be provided: – All clarifications regarding approval procedures as well as any necessary coordination shall be carried out by the client.- Allowing free access to the system during installation, on-site acceptance test and trial operation- Providing operating personnel and technical support on site- Providing workstations and communication equipment during installation, on-site acceptance test, trial operation and duration of any further maintenance contract- During project processing, the client shall provide a contact person familiar with the configuration of the system. – All functional sequences and plans as well as procedural functional descriptions must be provided by the client for project planning and programming- The specification sheet is prepared by the client.
3. liability for defects
The Contractor has liability insurance with an insured sum of € 5,000,000. The liability conditions of the manufacturers apply to delivered products and devices. Upon request of the Customer, the Contractor shall provide a manufacturer’s list for this purpose. Subsequent performance shall be carried out at the place of use or in our factory at the discretion of the Contractor. In the event of rectification at the point of use, the Contractor shall only bear the costs that would have been incurred if the work had been carried out at our plant. As a matter of principle, no costs shall be reimbursed which the Client has incurred for rectification, modification or repair work requested or carried out without the Contractor’s consent. Excluded are parts that are subject to increased wear.
4. other liability
Claims for damages by the client, regardless of the legal basis, in particular from positive breach of contract, from the breach of duties during contract negotiations and from tort, as well as force majeure, are excluded. This shall not apply in cases of mandatory liability under the Product Liability Act or in cases of intent, gross negligence, lack of warranted characteristics or breach of fundamental contractual obligations. However, damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, except in cases of intent or gross negligence. In any case, the liability is limited to the amount of the contract sum or the liability insurance of the contractor. A change of the burden of proof to the disadvantage of the customer is not connected with the above regulations. Lost profit from loss of production is generally excluded.
5. force majeure
The following circumstances shall be deemed to be force majeure insofar as the normal performance of the contract is affected thereby:Strike, lockout or plant shutdown and other circumstances beyond the control of the contracting parties, such as fire, flood, warlike activities, civil unrest, seizures, impairment of transportation, material procurement or energy, as well as the impairment of deliveries by subcontractors, insofar as these result from the aforementioned circumstances. The occurrence of the force majeure must be reported to the contracting party without delay. As soon as Force Majeure no longer exists, the contracting party shall be informed thereof without delay. If the force majeure condition is not terminated within two weeks, the contracting parties are entitled to terminate the contract without notice. The services already rendered as well as the staff’s trips home shall be paid to the Contractual Partner as agreed.
6. retention of title
The objects of the delivery (reserved goods) shall remain the property of the Contractor until all claims to which it is entitled against the Customer arising from the business relationship have been satisfied.
7. place of jurisdiction
The contract shall then be governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. (CISG).
The use of the delivered computer software or parts thereof shall be strictly confidential and shall be limited to the systems for which it is intended. Modification, copying or reproduction of the software shall only be permitted with the written consent of the Contractor. All rights to the software remain with the contractor. Source programs and diagnostic software are not included in the scope of delivery, unless this is explicitly mentioned in the contractor’s offer.
9. export regulations
In the event of (re-)export of the Products, the Customer shall observe the relevant German and U.S. regulations and shall inform its customers that German and U.S. export or import regulations apply in the event of (re-)export. In case of non-compliance, the client shall bear all legal and financial consequences.
10. material costs
The provision of additional material that is not included in the offer sum will be charged subsequently according to expenditure.
11. scope of delivery
The Contractor’s deliveries and services are limited to the scope as described in the scope of delivery and services or in the technical specification of this offer. For products that are demonstrably discontinued by the manufacturer or supplier at short notice, the delivery and price promise is not applicable.
Services not listed and those ordered after a freeze point in the specifications defined with the client will be billed with a supplemental bid or based on time and effort. For this purpose, the prices from the offer apply.
This offer and its associated documents are entrusted to you with the proviso that the technical and commercial knowledge contained therein will not be otherwise exploited or made available to third parties without our consent.
The offered prices are incl. for supplementary orders and extensions of hardware and software deliveries of the project according to the offer. The offered prices are incl. for supplementary orders and extensions of the services of the project according to the offer. The above prices do not include of the respective valid value added tax and include all work at the contractor’s premises as well as the work defined in our offer at the place of destination or at the client’s premises. Any significant changes that occur after the freeze point will be addressed in separate supplemental offerings. These additional services will only be carried out after the corresponding order has been placed.
Here you can find the general terms and conditions of PLT networks GmbH also as a PDF file