GENERAL TERMS AND CONDITIONS
Ingenieurbüro für Photovoltaik – Softwareentwicklung – Elektroprojektierung
1. Validity of the conditions
1.1. These terms and conditions apply to all orders made by "rg-engineering" by consumers or contractors via the Internet portals or in any other form.
1.2. A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor to their independent professional activity.
1.3. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the course of his commercial or independent professional activity; a legal partnership is a partnership that has the ability to acquire rights and liabilities
1.4. The deliveries, services and offers of our company are made exclusively on the basis of these terms and conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again. At the latest with the receipt of the goods or services, these conditions are considered accepted. Counter-confirmations of the business partner with reference to its business and purchasing conditions are hereby contradicted, even if they are found in the order letters of the business partner. We also object to conditions of our business partners in cases where our terms and conditions do not contain any rules.
1.5. Deviations from these terms and conditions are only effective if confirmed by our company in writing.
1.6. If we deliver our services at the same time services or works in the construction sector, for example in connection with the supply of components and other components as items of a construction law business relationship, in addition to these terms and conditions VOB part AlB. The delivery and payment conditions have priority in case of deviation from the VOB.
2. Offer and conclusion of contract
2.1. The offers of our company are non-binding, as far as we do not declare them as binding. Verbal promises and subsidiary agreements as well as assurances from employees require the written form to be legally valid; this also applies to additions, amendments or ancillary agreements of all kinds.
2.2. In principle, only the product description of the manufacturer and / or that of our company is agreed as the quality of the goods / services. Public statements, suggestions or advertising of the manufacturer or a subcontractor do not constitute a contractual statement of the quality of the goods.
2.3. Guarantees in the legal sense, the customer does not receive by us. Manufacturer's warranties remain unaffected, but we are not obliged to do so
2.4. Insofar as we are limited by factory conditions or by conditions of subcontractors, including component suppliers, in the case of deliveries ex works, these are not directly applicable to the legal relationship between our company and our business partner beyond our terms.
2.5. Information that is obtained from us about deliveries and other services will be made without obligation, even if they are given in writing. In the absence of any other written notice, information in no case shall be deemed as an assurance of properties.
2.6. If the order of a business partner is to be qualified as an offer in accordance with § 145 BGB, we can accept the same within four weeks, unless an extended (longer) acceptance period has been agreed.
2.7. For the scope of delivery and performance, the written order confirmation of our company is decisive, in the case of an offer of our company with time commitment and timely acceptance of the offer, if no timely order confirmation is present. Additional agreements and amendments also require the legal validity of our written confirmation.
2.8. An order is made either in the online shop by "send order" or in writing by letter, fax or email. A telephone order is not possible.
2.9. The order acceptance we confirm in each case by email or in writing by letter. The automatic confirmation email from the online shop is not considered an order acceptance.
2.10. rg-engineering was not liable if the offer contains obvious typographical errors, especially regarding the price. rg-engineering has to prove that it is a typographical error.
3. Offer documents
3.1. We reserve the ownership and copyrights to drawings, illustrations, calculations and software developed by us. These may not be made accessible to third parties. We commit ourselves to the business partner to make available to third parties plans and comparable documents designated as confidential only with his consent.
4. Prices / payment
4.1. Unless otherwise stated in our offer and / or the order confirmation, our prices apply "ex works" excluding packaging and transport costs; these will be invoiced separately. We are entitled - but not obliged to insure the products in question against transport risks. The (proportionate) insurance costs will also be charged to the client.
4.2. VAT is not included in the prices of the company; it will be shown separately in the bill at the statutory rate on the date of invoicing.
4.3. The deduction of cash discount is only permitted in the case of our express written consent or a corresponding printout on the billing document concerned.
4.4. Unless otherwise stated in the offer or the order confirmation, payment of the fee is due for immediate payment. In addition to the statutory default interest, we reserve the right to assert further claims for damages due to default.
4.5. New customers are supplied exclusively against advance payment.
4.6. In general, 2/3 of the order volume will be due as a down payment with the order confirmation because the order acceptance is associated with costly material procurement. From the long-term delivery time of various components, the delivery date results from the receipt of payment of the aforementioned down payment, plus 40 working days.
4.7. Unless otherwise stated, our company is bound by the prices quoted in their offers for thirty days from their date of sale. If no express pricing has been made, the price list of our company applies. In the absence of a price list, we are entitled to charge a reasonable price. Additional deliveries and services will be charged separately.
4.8. If the delivery is delayed in whole or in part for more than two months from the date of our written order confirmation or our binding offer due to circumstances for which we are not responsible, in particular those in the customer's sphere of business, we may delay for the delivery Deliveries and services quote the current daily prices, which we are entitled to claim or claim to be entitled to on equal terms or on the basis of our price list on the delivery / service deadline. This does not apply if the delivery is made within the delivery time stated in the written offer or in the order confirmation.
4.9. The withholding of payments or the offsetting due to any counterclaims of the counterparty contested by us are not permitted, unless the counterclaim of our business partner has been legally established or is not disputed by rg-engieering.
4.10. If the debtor does not meet his payment obligations, if payment delays occur, if he ceases his payments or demands a deferment of payment or if concrete circumstances are identified that call into question the creditworthiness of the debtor, our company is entitled to all outstanding claims against the debtor Business partners are entitled to make due, even if checks and / or bills of exchange have been accepted. In this case, we may exercise our security rights, in particular exercise our retention of title rights in the agreed or in the scope specified in these conditions, without the conditions of default on the customer side must be given.
5. Delivery and service time
5.1. The delivery period begins with the receipt of payment or proof of payment of the client over 2/3 of the order volume, plus 40 working days. The down payment is due with dispatch of the order confirmation. However, the delivery period does not begin before the documents, approvals and clearances to be procured by the client, as well as before the receipt of the aforementioned down payment have been received. If the delivery date can not be met due to payments, down payments or prepayment not being made, it will be postponed indefinitely until the company's capacity allows it to re-schedule the order. The delivery takes place at the latest on the 41st working day after receipt of payment
5.2. The delivery deadline is met if the delivery item has left the factory by the time the order expires (on the 41st working day after receipt of the down payment) or the readiness for dispatch has been notified.
5.3. The dates and deadlines stated by our company are not fixed dates in the absence of other written agreements.
5.4. Delivery and service delays due to force majeure and due to events that make our delivery significantly more difficult or impossible - including material procurement difficulties, breakdowns, strikes, lockouts, other official orders not to be represented by us, including these If you enter into subcontractors - our company is not responsible even for bindingly agreed deadlines and deadlines. They entitle our company to postpone the delivery or service by the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the unfulfilled part.
5.5. If the impediment for which we are not responsible, as described in the previous clause, lasts more than one month, the business partner is entitled, after a reasonable period of grace, to withdraw from the contract with regard to the part not yet fulfilled. Further rights of the same are excluded. The same applies if he is not responsible for the delivery / or service delays for other reasons.
5.6. Our company is entitled to provide partial deliveries and partial services at any time.
5.7.The delivery and service periods are extended in all cases by the period by which the client does not fulfill his obligation towards us, even if they are based on other legal bases and on other transactions with this.
5.8. If the customer (purchaser) is in default of acceptance or if he violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred in this respect, including any additional expenses. Further claims are reserved.
5.9. If the conditions of the preceding clause are met, the risk of accidental loss or purchase item shall pass to the client at the time when the latter is in default of acceptance or default of payment.
6. Transfer of Risk
6.1. The risk is transferred to the customer / client as soon as the consignment has been handed over to the person carrying out the transport or has left the warehouse of our company or the warehouse of the subcontractor (in the third-party business) for the purpose of dispatch or carriage. This shall apply irrespective of whether the carriage or shipment is made by us or on our behalf or by our client or by agents of our contractor.
6.2. Ready-to-ship goods must be recalled immediately. If this does not happen, we are entitled to send them at our discretion at the expense and risk of the purchaser or to store them at our own discretion and charge them immediately. The notification of readiness for shipment transfers the risk of goods and price to the customer.
6.3.Shipping route and means are left without special agreement of our choice.
6.4. Insofar as we have concluded a transport insurance and the purchaser has fully fulfilled his payment obligations with regard to the goods to be transported, we shall assign our claims against the insurer to the purchaser to the extent permitted by law and under the insurance contract, unless the assignment is not according to the insurance contract allowed.
7. Quality, dimensions and weights
7.1. Quality and dimensions are determined by the DIN standards or material sheets, unless other standards or foreign standards are agreed in writing. If there are no DIN standards or material sheets, the corresponding Euro standards apply; The reference to standards, material sheets or factory test certificates of any kind and / or the description of our deliveries and services with corresponding information shall not be considered as a warranty of properties. Also, as far as the delivery or service is intended for a particular use of the customer and this is the contract, so no warranty of quality is given.
8. Complaint / warranty
8.1. For quality and quantity defects of the delivery item as well as for the absence of warranted qualities, furthermore in the case of other deliveries, we guarantee according to the following regulations:
8.2. The orderer must inspect the delivery item immediately after delivery with the thoroughness which is reasonable for him under the given circumstances. The defects ascertainable in this case must be reported in writing immediately, at the latest after the expiry of seven working days from the date of delivery. Decisive is the date of receipt of the written complaint with us. Defects which can not be detected within this period, even with the most careful examination, must be reported immediately after discovery, subject to observance of the statutory provisions, with immediate cessation of any handling and processing. The duty to give notice also applies to business relationships that are not based on the basis of commercial law (but are to be assessed, for example, according to contracts of employment, business administration and the like). If not claimed in time, the assertion of warranty claims by the business partner is excluded. He is fully burdened with the burden of proof for all eligibility requirements, in particular for the defect itself, for the time when the defect was discovered and for the timeliness of the complaint.
8.3. For defects of the goods, we provide a justified and timely notice of defects at our discretion warranty by repair or replacement.
8.4. If the supplementary performance fails, the customer may in principle demand, at his discretion, a reduction of the remuneration (reduction) or cancellation of the contract (rescission). In the event of a minor breach of contract, especially in the case of only minor defects, the customer has no right of withdrawal. If the customer chooses to withdraw from the contract due to a material or legal defect after failed supplementary performance, he is not entitled to any claim for damages due to the defect. If the customer chooses to pay damages after failed supplementary performance, the goods remain with the customer, if this is reasonable for him. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if we have fraudulently caused the breach of contract.
8.5. If the purchaser does not immediately give us the opportunity to convince ourselves of the defect, in particular if he does not immediately make available the object of the claim or samples thereof upon request, all warranty claims are void.
8.6. In the case of contractual objects which have been sold as declassified material, the purchaser is not entitled to any warranty rights with regard to the specified defects and those with which they are usually expected.
8.7. Notwithstanding these provisions, any further claims of the business partner shall remain the product liability.
8.8. Insofar as additional warranty obligations, including those with regard to the warranty period, are assumed for the quality of the contract goods due to conditions of our subcontractors / manufacturers, we are not directly obliged to do so. Rights arising from such commitments shall only be available to our contractual partner or the customer or end customer vis-à-vis the user of these conditions (pre-supplier or manufacturer), whom we (our customer) assign to the latter (as far as legally permissible) at his request.
9. General limitation of liability / statute of limitations
9.1. Insofar as no other provision is contained in these conditions, we shall be liable for damages for breach of contractual or extra-contractual obligations only in cases of intent or gross negligence. The liability for slight negligence as well as the gross negligence of employees of our company is excluded, unless it is a violation of a cardinal obligation in the legal sense. The disclaimer of liability provided herein also applies to any delay or delay damage
9.2. Except in the case of intent, our liability does not cover such damages as typically could not be expected in the specific business or against which the purchaser is insured or can usually be insured. The liability for consequential damage is in all cases only slight negligence, incidentally to the extent permitted by law, even in case of gross negligence excluded.
9.3. All warranty claims against us expire at the end of one year, unless we grant other (longer) warranty periods in individual cases.
10. Offsetting / Retention
10.1. We are entitled to offset all claims against the business partner against all claims of the business partner, without prejudice to the respective legal grounds. This also applies if the reciprocal claims are based on different legal grounds.
10.2. Our business partner is not entitled to set off any claims due to him, in particular for complaints, warranty claims of all kinds and other counterclaims or exercise rights of retention, unless the counterclaims are legally established or are not disputed by us.
11. Retention of title security
11.1. All physical service or delivery items (products / goods) remain our property (reserved property) until all claims due to us have been settled, including claims incurred or conditional at a later date. This also applies if payments are made on specially designated claims. For current accounts, the reserved property is considered a security of our balance claim.
11.2. We may prohibit the sale and / or combination and / or mixing of the conditional object (s) at any time if the customer has defaulted with payment obligations to us and / or in payments or has become insolvent.
11.3. In the case of mixing, processing and / or combination of the reserved object (s) with other movable goods not belonging to us, ownership of the new goods shall be in proportion of the invoice value of the reserved goods to the invoice value of the other object or new item including expenses for the goods Processing (compound, mixing) too. If the invoice value of the other item is unknown, its value shall be calculated according to principles of reasonableness.
11.4. Working and processing of the reserved object is done for us as a manufacturer within the meaning of § 950 BGB, without obligation to us. The processed object is considered a condition of reservation within the meaning of these conditions. If the contract is processed with other items not belonging to us, we acquire the co-ownership of the new item in proportion of the value of the item purchased (final invoice amount including value added tax) to the other processed items at the time of processing. Incidentally, the same applies to the thing resulting from processing as to the purchased object delivered under reservation.
11.5. Insofar as the client is a trader who resells goods unprocessed or processed, he is authorized to resell the reserved goods in the normal course of business. He already assigns to us his claims from the resale in the amount of the invoice value of the reserved property. The authorization to resell depends on the legal validity of the assignment of claims. This also applies mutatis mutandis to the case in which the reserved property is used by the customer for the execution of a works or works delivery contract, in particular for construction companies; here, too, the claim from the works or work delivery contract in the amount of the invoice value of our reserved property is assigned to us in advance. The authorization to process our goods depends on the legal validity of the assignment of claims.
11.6. The customer is not entitled to assign the reserved property as security to third parties, to pledge it or to carry out barter transactions with it. Likewise, he is not permitted to surrender the claims ceded to us due to the extended retention of title as a subsequent customer to a factor bank, unless the factor bank directly enters into the payment obligations of the customer. In addition, the assignment to the factoring bank of the extended retention of title requires our written approval.
11.7. If debtors (third party debtors) pay the claims ceded to us on the basis of the extended retention of title by check or bill of exchange to our customer, ownership of such securities shall pass to us as soon as the customer acquires it. If payment is made by bill of exchange, the customer hereby assigns to us the rights to which he is entitled in advance. The transfer of the bill of exchange is replaced by the fact that the customer keeps the change paper for us or - if he does not acquire direct possession of the bill of exchange - hereby assigns to us his right of surrender in advance to us; He will deliver this paper, with his endorsement, to us immediately. The customer is in any case required to inform the credit institutions with which he has business relations about this retention of title clause. In any case, we are entitled to inform our customer's bank accounts about our business relationships.
11.8. We are entitled to collect claims arising from resale until the revocation is due at any time, which can also be done verbally. Upon request, the customer is obliged to notify the third party debtor of the assignment to us and to notify us of this notice and to send the information and documents necessary for the collection of the assigned claims with this notification. The customer must notify us immediately of a seizure or other impairment by third parties.
11.9. The assertion of the retention of title, in particular the return of contractual objects, the collection of receivables by third parties, does not constitute a withdrawal from the contract. In particular, we are entitled to take back the reserved property - without having to withdraw from the contract - if the conditional purchaser has exceeded the payment deadline granted to him or has not compensated in time for other liabilities existing to us or is in arrears or fails to meet his obligations under these terms and conditions.
11.10. Our rights of simple, prolonged and extended retention of title are also not subject to bill of exchange payment by the debtor. Our retention of title rights shall remain in force until such time as we are finally exempted from our bills of exchange exhibitor liability or liability for bills of exchange or endorsement or any other contingent liability associated with this form of payment.
11.11. If the customer puts his claims from a resale of such materials, to which we have simple, extended or extended retention of title, into a current account relationship, he hereby assigns to us the current account claim in the amount of the value of the reserved goods. After netting has taken place, it will be replaced by the recognized balance, which is deemed to have been assigned up to the amount that constitutes the original current account claim.
11.12. The purchaser also assigns to us those claims to secure our claim against him, which accrue to a third party as a result of the combination of the goods under reservation of title with a property in the amount of the invoice value of the purchased object.
11.13. We undertake to release the securities to which we are entitled at the request of the purchaser to the extent that the realized value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is our responsibility.
12. withdrawal of title
12.1. In addition to the right of withdrawal according to the preceding paragraphs, we are also entitled to withdraw from the contract without notice even if the business partner has defaulted from other contracts concluded with us or fails to make an agreed payment / deposit or prepayment - despite a reminder.
13. Place of performance / method of payment
13.1. Place of fulfillment for payments of our business partner is the seat of our company.
13.2. Decisive for the timely payment is in all cases the receipt of the same at our company or the definitive value date or redemption of the security (checks / bill of exchange). We are not obligated to accept checks and bills unless they are so-called guaranteed checks. Check and bill payments are considered to be performance on account of performance.
13.3.The place of performance for our deliveries and services is the factory of our company for deliveries ex works.
14.1. The place of jurisdiction for all business relationships with merchants, legal entities under public law or special funds under public law is Plauen. This also applies to non-contractual claims and claims in the context of bill of exchange procedure. However, we are also entitled to sue the business partner at his general place of jurisdiction.
15. Use of data
15.1. All personal data are kept strictly confidential at rg-engineering. Personal customer data will only be passed on to third parties for processing orders. Only the necessary data will be passed on to the service provider, the distributor and the parcel or courier service. At any time it is possible to ask for free information about personal data and to delete, rectify or block it for advertising purposes.
16. Right of withdrawal
16.1. You have the right to withdraw from this contract within 14 days without giving any reason.
16.2. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
16.3. To exercise the right of withdrawal, you must inform us (rg-engineering, Am Lamnitzer 24a, D-08228 Rodewisch) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website on Contact Us. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
16.4. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
16.5. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
16.6. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
17. Severability clause
17.1. Should one (several) condition (s) of this conditional complex be or become ineffective, this shall not affect the legal validity of the other conditions. In place of the ineffective condition, the relevant statutory provisions shall apply unless they have been legally invalidated by the other conditions.