General Terms and Conditions

1. Scope of delivery

Our written offer or order confirmation is decisive for the scope of delivery. Subsidiary agreements and changes require our written confirmation. Offers and documents always remain our property and must be returned to us if the order is not placed. They may not be made accessible to third parties. Drawings, illustrations, weights and dimensions are only approximate unless expressly stated as binding.

2. Prices

Our prices are ex works, excluding assembly, insurance and packaging. Prices are subject to change. If the cost factors change before delivery, we therefore reserve the right to adjust the price. Packaging is done appropriately and to the best of our ability, but there is no guarantee for breakage. It is delivered against payment or made available on loan for a fee for wear and tear. Rental packaging remains our property and must be returned freight paid in accordance with the regulations specified by us.

3. Terms of payment

Payment must be made within 30 days of delivery unless otherwise agreed. Discount deductions must also be specifically agreed. If payment is made by bill of exchange or check, a discount and expenses will be invoiced, without any obligation for timely presentation and protest. For these payments, repayment is only deemed to have taken place when redeemed for cash. Any complaints of any kind do not affect the payment obligation in any way and do not release the customer from complying with the payment deadline on time. In the event of late payment, we are entitled to charge default interest at the discount rate of the private banks. Place of fulfillment for payment is Bruchsal. Withholding payments or offsetting them due to any counterclaims from the customer that we dispute are not permitted.

4. Delivery time and delay

The specified delivery period applies ex works and only begins at the point in time at which agreement has been reached between the customer and us on all points of the order, both in terms of conditions and technical details, and at which the customer has fulfilled his other contractual obligations . Compliance with the specified delivery time is subject to unforeseen obstacles, such as cases of force majeure, mobilization, war, riots, strikes and lockouts, rejection of an important piece of work or other delays through no fault of our own, provided that these obstacles can be proven to have a significant influence on the completion or delivery of the delivery item . In the event of such obstacles, the delivery period will be extended accordingly. If the delivery is delayed for reasons for which we are responsible, all claims of the customer for compensation for the damage demonstrably caused by the delay are limited to an amount of 0.5% for each full week, but a maximum of 5% in total. of the value of that part of the total delivery that cannot be used on time or in accordance with the contract as a result of the delay.

5. Transfer of risk

Shipping always occurs at the risk of the recipient. For deliveries that we accept carriage paid, the relevant freight costs must be presented by the recipient. If shipping or delivery is delayed at the request of the purchaser, the risk passes to the purchaser from the day the goods are ready for dispatch. Insurance of the goods to be shipped is only carried out upon special request and at the expense of the recipient. As soon as a shipment has left the factory, delivery is deemed to have taken place and it is only the responsibility of the purchaser to secure the shipment against any harmful influences such as transport, fire and other dangers. This particularly applies to deliveries that we take over, including assembly.

6. Installation (assembly)

For deliveries with installations, special assembly conditions apply in addition to these conditions.

7. Acceptance and fulfillment

Delivered items must be accepted by the purchaser, even if they have minor defects. Partial deliveries are permitted. The delivery is deemed to have been completed if it is ready for dispatch, this has been communicated to the purchaser and if it corresponds to the agreed deliveries. Only those properties that are expressly stated as guaranteed or are unambiguously recognizable as such are considered guaranteed.

8. Complaint

Complaints regarding quantities, weight and design can no longer be made after 8 days have passed since receipt of the shipment at the destination.

9. Warranty, liability and acceptance

We guarantee flawless work, appropriate material and clean execution of our delivery for a period of 6 months (3 months for day and night operation), counting from the day of commissioning. In the event of defects in the delivery, which also include the lack of guaranteed properties, we are obliged, at our discretion, to repair, change, reduce the price or deliver a replacement; If the repair or replacement delivery fails, the purchaser can demand cancellation or reduction at his discretion, to the exclusion of all further claims of any kind and on whatever legal grounds. All other claims to which the purchaser may be entitled due to or in connection with defects or lack of guaranteed properties of the delivered goods, which did not arise from the delivery item itself, regardless of the legal basis, in particular claims for damages due to non-fulfillment, claims for positive breach of contract, claims for negligence upon conclusion of the contract and claims arising from unlawful acts are - as far as legally permissible - excluded; The prerequisite for the assumption of the warranty is that the system is installed and operated by us or exactly in accordance with our regulations. Changes to the system that are not initiated by us exclude the warranty. Acceptance tests must be carried out no later than 2 months after commissioning. If the commissioning of a system is delayed, any warranty expires no later than 9 months after delivery or invoice issuance, unless the delay is due to our fault. Tests and tests carried out due to statutory liability or insurance are at the expense of the purchaser.

10. General liability, statute of limitations

Claims not expressly granted in these terms and conditions, in particular claims for damages due to impossibility, delay, breach of additional contractual obligations, culpa in the conclusion of the contract, tort - even if such claims are in connection with the customer's warranty rights - are excluded to the extent legally permissible unless they are based on an intentional or grossly negligent breach of contract by us or one of our vicarious agents. All claims against us, regardless of the legal basis, expire at the latest six months after the transfer of risk.

11. Retention of title

Until all of our claims against the customer arising from the business relationship, including future claims from contracts concluded at the same time or later, have been settled, we reserve title to the goods. This also applies if we have included individual or all claims in a current invoice and the balance has been drawn and recognized. The retention of title remains in effect as long as we and our affiliated companies still have outstanding claims against the customer and/or in the case of so-called check/bill of exchange coverage, the bills of exchange or checks given have been fully redeemed. The purchaser is entitled to sell or process the goods in the ordinary course of business. The purchaser hereby assigns to us all claims that arise from the resale against the buyer or third parties. The customer is authorized to collect this claim even after the assignment. We have the authority to collect the claims ourselves as long as the customer properly meets his payment and other obligations. We can demand that the customer inform us of the assigned claims and their debtors, provide all the information required for collection, and hand over the associated documents. The processing or transformation of reserved goods is always carried out by the purchaser for the seller. If the reserved goods are processed with other items that do not belong to us, the purchaser transfers to us co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items created at the time of processing. The same applies as for the reserved goods. If the purchaser behaves in breach of contract, particularly if payment is delayed, we are entitled to take back the goods. The taking back or seizure of the item by us only constitutes a withdrawal from the contract if this is required by law or if we expressly declare this in writing. To the extent and for as long as the retention of title exists, the pur chaser may neither assign nor pledge goods or items made from them as security without our consent. In the event of seizure or other interventions by third parties, the purchaser must immediately notify us in writing. The purchaser is prohibited from making agreements with his customer that could exclude or affect our rights in any way. In particular, the purchaser may not enter into any agreements that nullify or impair the advance assignment of the claims to us. If the value of the existing securities exceeds the claims to be secured by more than 20%, we are obliged to release this at the request of the customer.

12. Place of performance, place of jurisdiction and applicable law

Place of fulfillment for our deliveries is Bruchsal. To the extent permitted by law, the place of jurisdiction is Bruchsal. The relationships between us and the customer are subject exclusively to the law of the Federal Republic of Germany.

IFB 3.005 – Revision 3 (2016-12-06)

Purchasing conditions of INTEC Engineering GmbH from October 12, 2004

1. Scope, orders
2. Scope of delivery and services, place of performance, delivery documents
3. Technical regulations, safety and environmental regulations
4. Technical documentation
5. Price, payment terms
6. Delivery and service dates, delays, penalties
7. Force Majeure
8. Production monitoring, quality assurance
9. Shipping and packaging
10. Deployment of the supplier's technical staff to the construction site
11. Transfer of risk, acceptance
12. Liability for defects, performance guarantee
13. Product liability, indemnity, liability insurance coverage
14. Rights of third parties
15. Insurance, liability
16. Retention of title, supplies by the purchaser
17. Confidentiality
18. Withdrawal from the contract
19. Subcontractors of the supplier
20. Advertising
21. Foreign trade law
22. Effectiveness, scope
23. Applicable law, place of jurisdiction
24. Data protection