General
The following terms and conditions apply to all sales and delivery transactions of the company microwave-technologies. At the latest with the receipt of the goods or services, these conditions are considered accepted. We accept orders exclusively according to our conditions of sale. General terms and conditions of the customer or deviating from our terms and conditions of the customer are only binding for us if we expressly recognize them in writing. Should individual provisions of these general terms and conditions be or become ineffective, the remaining contract and the other provisions shall remain unaffected.
1.) Offers, side agreements
Our offers are always non-binding. Drawings, illustrations, dimensions and weights, etc. are only approximate, unless otherwise agreed. We reserve ourselves the offer with the pertinent documents a property and copyright. Disclosure, publication, duplication or realization by third parties are not permitted. We reserve the right to make changes at any time and without special notice while maintaining the essential features of the article described or illustrated. For calculation or printing errors in the offer, we reserve the right to correct. Subsidiary agreements to our offers and order confirmations as well as agreements with our travelers and representatives require our written confirmation to be valid.
2.) contract
The contract is concluded when we confirm the acceptance of the order or have executed the delivery. If the order is canceled by the customer, we charge a cancellation fee of 10% of the order value, but at least 25.00 Euro. In the case of unjustified refusal of acceptance of the goods delivered by us, we charge the costs incurred by us. Our right to fulfill the purchase contract remains unaffected.
3.) Prices, shipping, transfer of risk
Unless otherwise agreed, we are bound to the prices contained in our offers for 3 weeks. Decisive are the prices stated in the order confirmation. The shipment (including any returns) shall be made on the account of the purchaser, unless a carriage paid delivery has been agreed in writing. The risk of accidental loss is transferred to the purchaser upon delivery of the goods to the freight forwarder or carrier. Insurance against damages of all kinds will be made only at the express request of the customer and at his expense. The shipment will be made within Germany by cash on delivery, abroad in advance
4.) delivery
Details of delivery times or production dates are only binding if confirmed by us in writing. The specified delivery times are given conscientiously according to the existing conditions and adhered to as far as possible. The delivery period shall be deemed to have been met if the purchaser has been notified of the pick-up or delivery readiness of the goods by the end of the delivery period. We are entitled to make partial deliveries and to charge each partial delivery separately. Official orders or measures, force majeure, strike, lockout, traffic and operational disturbances or lack of raw materials and any other impediment to the delivery shall exempt us for the duration of the obligation to perform. If the obstruction is not expected to disappear in the foreseeable future, we are entitled to restrict the delivery, to suspend or to withdraw from the contract in whole or in part, without the purchaser
being entitled to subsequent delivery or compensation. From a restriction of the delivery or partial resignation we will inform the customer immediately. He has the right to refuse the fulfillment of the remaining liabilities if the partial delivery is worthless for him. If we exceed the agreed delivery time, the client has the right to set a period of grace of 4 weeks by registered letter and to withdraw from the contract after expiry of the deadline. A claim for damages for non-performance can not be demanded.
5.) Warranty
For the products distributed by us, the manufacturer's warranty conditions apply. We accept no liability for any damage caused by the use of our products. We under no circumstances assume any guarantee that the ordered items are suitable for the purpose intended by the purchaser and that they can be used or processed under the conditions given by the purchaser or his customer. Rather, it is the customer's responsibility to try this before use or processing.
6.) Complaints
Any objections of our goods, insofar as the defect is obvious, can be asserted only within 8 days after receipt of the goods, other defects only within the warranty period of the relevant part. The buyer is obliged to inform us of any defects in writing without delay, but at the latest within one week after becoming aware of the defects. Returns to us are free and insured. In order to prove warranty claims, the buyer is obliged to present the proof of guarantee together with the invoices upon assertion. Transfer of warranties to third parties require our written confirmation. In the case of legitimate complaints, we have the right to rectify or supply spare parts at our discretion. Only after two failures can the customer demand a reduction or cancellation of the purchase contract. If damage is due to improper handling or storage, any warranty is void. Each warranty is limited to the replacement of damaged delivery items.
Other reimbursements and claims for damages (for example loss of business) are hereby expressly rejected. Claims for damages - in particular also for consequential damages - can only be asserted against us, if the possible damage is based on an intentional or grossly negligent breach of contract on our part. For normal wear and tear, incorrect assembly of the assemblies / kits under non-observance of the product descriptions, incorrect handling and exceeding of the technical data, for defects due to faulty operation, we assume no liability, electronic components are excluded from exchange.
7.) Payment, default
Insofar as other terms of payment are not mentioned in the offer, all invoice amounts are to be paid immediately, without deduction. In the event of late payment default interest of 4% above the respective discount rate of the Deutsche Bundesbank is due. With respect to merchants, due from the receipt of the goods or any agreed maturity date, maturity interest will be charged in the same amount as far as a mutual commercial transaction exists. We reserve the right to exclude the delayed purchaser from further delivery, even if corresponding delivery contracts have been concluded. Our claims become due immediately, even if deferred, as soon as the customer defaults on the fulfillment of one or more liabilities, if bills of exchange or checks are protested, if the customer suspends payments, is overindebted, commissions a bankruptcy or bankruptcy proceedings over his assets or opened, or for lack of mass the opening is rejected.
We are entitled to reclaim retained goods in the above cases and to withdraw from the contract. If justified doubts arise after conclusion of the contract with regard to the creditworthiness of the customer or his economic circumstances, then we have the right to demand advance payment or securities within one week from the purchaser. We also have the option of interrupting the execution of the order and requesting immediate settlement; in case of refusal, we are entitled to withdraw from the contract. In this case, the client is not entitled to a claim for damages. A payment by check or bank transfer is only deemed to have taken place when the claim amount has been credited to our bank account. We reserve the unrestricted right to assign our claims to third parties.
8.) Refusal of acceptance, return debit in the direct debit procedure
In the case of unjustified refusal of acceptance of the goods delivered by us, we charge the costs incurred to us, however, at least 10.00 euros. The same applies to chargebacks when participating in direct debit. Our right to fulfill the purchase contract remains unaffected.
9.) Retention of title
We reserve the ownership of the delivered goods until payment of all claims arising from the business relationship of the parties, including insofar as they are claims from previous deliveries. The purchaser may only dispose of goods subject to retention of title to the extent that they may be processed, incorporated or resold in the ordinary course of business. The treatment or processing of reserved goods is done for us without obligation. In the case of a resale of the goods, the customer hereby assigns his claims to us. We are entitled and the customer is obliged at our request to notify the customer of the assignment in writing. If necessary, the purchaser shall also reserve the ownership of the objects to his customers by way of extended retention of title. If the goods subject to retention of title are seized, the customer must inform us immediately and comprehensively and make the third party aware of
our rights, as well as provide us with the documents necessary for our intervention. The costs arising from our intervention are borne by the customer.
10.) Place of performance, place of jurisdiction
Place of fulfillment and place of jurisdiction for both parties is the domicile of our commercial branch. This also applies to all obligations arising from bills of exchange and checks.
data protection
We are entitled to process the terms relating to the terms and conditions or in connection with this date on the buyer, whether they come from the buyer or from third parties, in the sense of the Federal Data Protection Act. This notice replaces the notification in accordance with the Federal Data Protection Act that personal data about the customer is stored and processed by computer.