GENERAL TERMS AND CONDITIONS
1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter referred to as GTC) apply exclusively to companies, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). Any terms and conditions of the Buyer that conflict with or deviate from GASTEK's GTC shall only be recognized if GASTEK expressly agrees to their validity in writing.
1.2 These GTC shall also apply to all future transactions with the Buyer, insofar as these are legal transactions of a related nature.
1.3 Individual agreements made with the Customer in individual cases - including collateral agreements, supplements and amendments - shall in any case take precedence over these GTC. Subject to proof to the contrary, a written contract or written confirmation from GASTEK is authoritative for the content of such agreements.
2. OFFER AND CONCLUSION OF CONTRACT
If an order is to be regarded as an offer in accordance with § 145 BGB, GASTEK may accept it within 2 weeks.
3. DOCUMENTS PROVIDED
GASTEK reserves ownership rights and copyrights to all documents provided to the Buyer in connection with the order placement - including in electronic form - such as calculations, drawings, etc. GASTEK may not make these documents accessible to third parties. These documents may not be made accessible to third parties unless GASTEK gives the Buyer its express written consent. Insofar as GASTEK does not accept the Buyer's offer within
6.PRICES AND PAYMENT
6.1 Unless otherwise agreed in writing, GASTEK's prices are in EURO (€) and ex works plus the applicable statutory VAT and any delivery and packaging costs. Customs duties and/or similar charges must be paid by the Customer. Assembly and commissioning costs are not included.
6.2 Payments are to be made without deduction to the bank account specified by GASTEK. GASTEK accepts checks only after prior agreement and only on account of performance. Any bank and/or discount charges must be paid by the Buyer.
6.3 Unless otherwise agreed, the sales price is due for payment without deduction as follows:
- 30 % down payment upon receipt of the order confirmation
- 40 % down payment upon notification of readiness for dispatch/delivery
- 30 % final payment 30 days after notification of readiness for dispatch/delivery.
6.4 The price stated in the contract is based on
- the contractual information provided to GASTEK by the Buyer, together with, where applicable, instructions and descriptions and the agreed scope of performance, as well as
- the contractual delivery agreements in accordance with Clause 4.1 or any changes to the scope of work and services that entitle GASTEK to adjust the contractual price.
6.5 Unless a fixed price agreement has been made, reasonable price changes due to changes in labor, material and distribution costs, taxes or duties remain unaffected.
For the duration of the retention of title, the Buyer is prohibited from pledging the goods or assigning them as security. In the event of seizure, confiscation or other dispositions or interventions by third parties, the Buyer must inform GASTEK immediately. The resale of the delivery item or the new goods is only permitted to resellers in the ordinary course of business and only under the condition that payment of the equivalent value of the delivery item is made to the Buyer. The purchaser must also agree with the buyer that the buyer only acquires ownership upon this payment.
7.8 If the realizable value of all security interests to which GASTEK is entitled exceeds the amount of all secured claims by more than 10%, GASTEK will release a corresponding part of the security interests at the request of the Buyer. It is assumed that the requirements of the previous sentence are fulfilled if the estimated value of the securities to which GASTEK is entitled reaches or exceeds 150% of the value of the secured claims. GASTEK is entitled to choose between various security interests for release.
7.9 In the event of breaches of duty by the Buyer, in particular default of payment, GASTEK is entitled, even without setting a deadline, to demand the return of the delivery item or the new goods and/or - if necessary after setting a deadline - to withdraw from the contract; the Buyer is obliged to return the goods. In the demand for return of the delivery item
GASTEK does not assume any warranties other than those expressly provided for in this contract in connection with a delivery. The contract contains all agreements made between the contracting parties.
10 MISCELLANEOUS
10.1 CONFIDENTIAL INFORMATION: If the Buyer discloses or otherwise becomes aware of confidential information, including confidential information about products, materials, processes, tests or equipment, the Buyer is not entitled to disclose such information to third parties, irrespective of the purpose, unless GASTEK has given its express written consent.
10.2 ASSIGNMENT: Rights under the contract may only be assigned, in whole or in part, with GASTEK's consent.
10.3 VALIDITY: Should individual provisions of a contract be invalid or unenforceable, this shall not affect the full legal validity of the remaining provisions of the contract.
10.4 AMENDMENTS: GASTEK does not give its consent to any amendment or rescission of the General Terms and Conditions unless amendments or rescissions have been confirmed in writing. The Customer's General Terms and Conditions shall not become part of a contract after the contract has been concluded unless GASTEK has given its express written consent.
10.5 APPLICABLE LAW: Contracts are subject to the provisions and interpretations of the law of the Federal Republic of Germany. The application of the German Internatio