1. Scope of Application
All of our services and legal transactions are based exclusively on these terms and conditions. They are valid for all future business connections without newly given consent. By placing an order, Buyer agrees upon these terms and conditions. Reconfirmations of Buyer referring to his terms and conditions shall be excluded. Modifications of these terms and conditions shall not be valid except by our written approval.
2. Offer and Conclusion of Contract
Orders can also be placed via telephone, fax or e-mail. Our offers are without engagement and obligations and are based on the current prices and on the information provided on our company’s websites on the date of order. Our offers are exclusively valid for entrepreneurs, traders or contractors.
3. Data Protection
If not quoted otherwise, current prices plus value added tax (VAT) are valid. Charges for packaging, shipment and insurance are added depending on weight and dimensions of goods.
5. Delivery, Time of Delivery and Service
Time and dates of delivery and service are without engagement unless expressly specified as obligatory. Time and dates of delivery and service of GUDE Systems GmbH are extended in case of force majeure and other obstructions that we are not liable for, as long as these interferences – such as supply, strikes, lockouts, breakdown, disease etc. – have an impact on our delivery or service. This entitles us to terminate or partly cancel the agreement for the not yet rendered services. We are authorized to make partial deliveries. As far as lawful, we are not liable for consequential damages caused by delivery problems.
6. Transfer of Perils
Risk of damage or loss of supplied products of GUDE Systems GmbH shall be passed to the Buyer at the time the consignment has left our entrepot. The consignment is insured for transportation.
7. Retention of Title
The delivered goods shall remain our property until the invoice is paid in full. This also applies to reprocessed or built-in parts. Pawning or conveyance of securities is not permitted.
Payments shall be made within the time limit stated on the invoice, at the latest thirty (30) days after invoice date without deduction. This also applies in case that faulty performance is suspected. The payment is regarded as executed, when the payment total is conclusively at our disposal. Also without previous reminder the Buyer defaults on payment when exceeding the terms of payment. In this case default interest might be charged. Delivery acceptance in due time is an integral duty of the customer. In case of unjustified non-acceptance, any costs incurred by us shall be reimbursed.
9. Deficiencies and Liability
Delivered goods shall be inspected promptly at the place of receipt. Delivery shall be deemed to be accepted, if no written notice of faulty performance describing the deficiencies has reached us within a period of 14 days. Unless the customer is a consumer, we have the right of remedy or replacement. As far as lawful, our liability is restricted to the value of delivered goods. Claims exceeding this liability, in particular claims of consequential damages, are formally excluded, as far as not inalienable by law. The delivered goods and rendered services are free of third party patent rights as far we know. However this is not guaranteed and liability is therefore impossible.
Warranty for products of GUDE Systems GmbH lasts for a period of 24 months, unless it has been agreed upon a longer period in individual cases.Warranty shall be omitted in cases of product alteration or faulty or negligent installation, handling, reparation or use under improper conditions of the product by customer or third parties, unless the customer proves that these circumstances are not casual for the malfunction.
Venue for all disputes arising out of or in connection with this agreement shall be Cologne, Germany. German law shall apply for all terms of agreement to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
We reserve the right to modify product specifications, if it serves technological progress. The technical data provided are specifications of our products, not assured characteristics. If any provision of the agreement is found to be invalid or unenforceable, the remaining provisions shall stay unaffected and in force.