General Terms & Conditions
Terms of Service
Terms of sale and delivery (AGB) of ALLMERX® GmbH. (ALLMERX®)
§ 1. General
(1) Deliveries and services are made exclusively on the basis of the respective order confirmation, any special agreements in writing and in addition the following conditions.
(2) Our terms and conditions apply exclusively; We do not accept conflicting or deviating terms and conditions of the customer, unless we have explicitly and in writing agreed to their validity. Our terms and conditions also apply if we provide the service to him without reservation in knowledge of conflicting or deviating from our terms and conditions of the customer.
Already with order our terms and conditions are accepted by the purchaser.
Illustrations on our homepage contain only a description of goods and do not constitute an assurance of properties.
(3) Offers from ALLMERX® are non-binding. A contract is concluded with the order confirmation of ALLMERX® in text form.
(4) These terms and conditions of sale and delivery apply only to entrepreneurs in the sense of § 310 Abs. 1 BGB and natural persons.
(5) The customer is obliged to inform ALLMERX® correct and complete specification data and to check the order confirmation for correct reproduction of the communicated data.
(6) Information on the goods and services (for example, in catalogs, product information, electronic media or labels) is based on the general experience and knowledge of ALLMERX® and is merely indicative or indicative. Both the product information and the expressly agreed characteristics / uses do not release the customer from testing or verifying the technical and legal suitability for the intended use of the product, in particular also with regard to the protective right situation. All information materials (for example, catalogs and operating instructions) are always up to date on the Internet at www.spindeshop.de.
(7) Information on the nature and possible uses of ALLMERX® products does not contain any warranties, in particular not in accordance with §§ 443, 444, 639 BGB, unless these are expressly designated as such in writing.
(8) Planning support from ALLMERX® always takes place only within the scope of the overall system specified by the customer. ALLMERX® is not responsible for this, even though ALLMERX® offers and delivers goods with integrated functional safety.
(9) Specifications and designs for technical progress are subject to change.
(10) ALLMERX® reserves ownership and copyrights to samples, illustrations, drawings, calculations and similar information of physical and intangible nature, including in electronic form. This also applies to such documents and information, which are referred to as "confidential". Disclosure to third parties requires the prior written consent of ALLMERX®.
(11) These conditions also apply to all future deliveries and services up to the validity of new terms of sale and delivery of ALLMERX®.
(12 If no specifications are specified for orders by the client, the goods are delivered in standard execution, regardless of the request or request for quotation.
§ 3 Delivery time and delivery
(1) The delivery and service is carried out within the calendar week confirmed in writing and is determined by the ALLMERX® unilaterally with delivery date, but not before clarification of all execution details. The customer has all obligations incumbent on him, such. B. the performance of a deposit to meet in time. If this is not the case, the delivery time is extended appropriately. This does not apply if ALLMERX® is responsible for the delay.
(2) The delivery time shall continue to be extended appropriately in the event of unforeseeable obstacles beyond the control of ALLMERX®, regardless of whether they occurred with ALLMERX® or its suppliers, eg. Force majeure, labor disputes, import and export restrictions, regulatory approval procedures and other delays in the completion of delivery parts, breakdowns, committee, delays in the delivery of essential parts and raw materials, as far as such obstacles demonstrably on the completion or delivery of the ordered Goods are of decisive influence. Such obstacles are beyond the control of ALLMERX® even if they arise during an already existing delay. ALLMERX® will immediately inform the purchaser of the beginning and end of such circumstances.
(3) Within the scope of the statutory provisions, the customer can only withdraw from the contract due to delays in delivery insofar as ALLMERX® is responsible for them.
(4) If ALLMERX® is in default and causes the customer a delay damage from this, he is entitled to demand a lump-sum compensation for delay. It shall amount to 0.5% for each completed week of delay, but no more than 5% in total of the price of the part of the delivery and service which could not be put into appropriate operation because of the delay. Further claims due to delayed delivery are exclusively determined according to § 7 of these conditions.
(5) If the purchaser is in default of acceptance or culpably violates any other obligation to cooperate, ALLMERX® is entitled to demand compensation for the resulting damage, including any additional expenses. Further claims are reserved.
(6) The goods are unloaded by the customer independently from the means of transport of the forwarding agent or the supplier and at his own risk. Delivery takes place next to the footpath or in front of the charging station. All deliveries are made at the place of delivery without unloading, unless otherwise agreed.
§ 4 Transfer of risk, acceptance
(1) With the transfer to the forwarding agent or carrier, at the latest, however, when leaving the factory or the warehouse, the risk passes to the customer. This also applies if carriage paid delivery, delivery ex works, or similar. is agreed. Insofar as acceptance has to be made, this shall be decisive for the transfer of risk. It must be carried out immediately on the acceptance date or, alternatively, after ALLMERX® has been informed about readiness for acceptance. The purchaser may not refuse acceptance if there is a material defect.
(2) If the dispatch or acceptance is delayed or omitted due to circumstances beyond the control of ALLMERX®, the risk shall pass to the customer from the day of readiness for dispatch or acceptance.
§ 5 Retention of title
(1) ALLMERX® retains ownership of the delivered goods until receipt of all payments from the business relationship with the customer.
(2) If the orderer is in default of payment, ALLMERX® is entitled, after a reminder, to take stock of the goods. ALLMERX® may also take possession of the goods without first withdrawing from the contract. The purchaser already allows ALLMERX® to enter his business premises immediately during normal business hours and to take back the goods if these conditions exist. The same applies to the delivery of the affidavit by the purchaser, in the case of an arrest warrant for the submission of an affidavit by the purchaser or in the case of an application by the purchaser for the opening of insolvency proceedings over his assets.
(3) In case of breach of contract by the customer, in particular default of payment, ALLMERX® is entitled to withdraw. In case of return of goods as a result of rescission, ALLMERX® is only obliged to issue a credit note in the amount of the invoice value after deduction of the reasonable reduction in value as well as the costs of return and dismantling, but at least more than 30% of the invoice value. ALLMERX® grants a higher credit, if the customer proves a higher value retention of the repossessed goods.
(4) The customer is obliged to treat the goods with care; in particular, he is obliged to adequately insure these at his own expense against fire, water and theft damage at replacement value.
(5) In the event of seizures, seizures or other dispositions or interventions by third parties, the customer must notify ALLMERX® immediately.
(6) The customer is entitled to resell the delivered goods in the ordinary course of business. The pledge, security transfer or other disposal is prohibited. If the customer sells the goods delivered by ALLMERX®, regardless of their condition, he hereby assigns to ALLMERX® all claims arising from the sale up to the amount of the value of the goods against his customers with all ancillary rights until all claims arising from the mutual business relationship have been settled from. The purchaser is authorized to collect these claims.
(7) The authorization to resell and collect debts may be revoked if the purchaser is in default of payment or if there is another significant deterioration in his financial circumstances or creditworthiness. Upon request, the purchaser is then obliged to disclose the assignment to its customers, provided that ALLMERX® does not inform the purchaser's customers themselves, and to give ALLMERX® the information necessary to assert its rights against the purchaser and to hand over documents.
(8) Any processing or transformation of the delivered goods by the customer is always carried out for ALLMERX®. If the goods are mixed with other items not belonging to ALLMERX®. § 950 BGB, ALLMERX® acquires joint ownership of the new item in proportion of the value of the goods to the other processed items at the time of processing. The same applies to the goods resulting from processing as for the goods delivered under reserve.
(9) ALLMERX® undertakes to release the securities entitled to ALLMERX® at the request of the customer to the extent that their realizable value exceeds the claims to be secured by more than 10%. The selection of the securities to be released is the responsibility of ALLMERX®.
§ 6 claims for defects
(1) The purchaser must immediately notify ALLMERX® in writing of a detected defect.
(2) In the event of defects, the orderer has a claim for supplementary performance, which ALLMERX® provides at its discretion by removing the defect or by delivering a defect-free product or service. The customer has to grant the necessary time and opportunity to carry out the supplementary performance. Only in urgent cases of endangerment of operational safety or to prevent disproportionately large damages, whereby ALLMERX® must be informed immediately, the customer has the right to have the defect rectified itself or by a third party and to demand compensation from ALLMERX® for the necessary expenses. Complained goods or parts are to be returned only on our request and, if necessary, in good packaging and with the addition of a packing slip with indication of the order number.
(3) In the case of removal of defects, ALLMERX® is obliged to bear all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labor and material costs, unless these are increased by the goods being moved to a location other than the Place of performance, unless the shipment complies with the intended use.
(4) In case of failure of supplementary performance (§ 440 BGB) the purchaser has the right to reduce the purchase price or to withdraw from the contract.
(5) Damages, which arise for the following reasons and are not due to our lack of a breach of duty, do not justify any warranty claims:
Inappropriate or improper use after transfer of risk, in particular excessive use, faulty installation or commissioning by the customer or third parties, natural wear and tear, faulty or negligent treatment, unsuitable equipment, replacement materials, defective construction work, disregard of operating instructions, unsuitable conditions of use, especially in adverse chemical, physical, electromagnetic, electrochemical or electrical influences, weather or natural influences or too high or too low ambient temperatures.
(6) The limitation period for claims for defects is 2 years from the beginning of the statutory limitation period.
(7) Further claims are exclusively based on § 7 of these conditions.
§ 7 Liability for claims for damages and reimbursement of expenses
(1) For intentional or grossly negligent breaches of duty as well as in any case of culpable injury to life, limb or health, ALLMERX® shall be liable without limitation for all damages attributable thereto, unless otherwise provided by law.
(2) In the case of gross negligence of non-managerial employees, the liability of ALLMERX® for property damage and pecuniary loss is limited to the contractually typical, foreseeable damage.
(3) In the event of slight negligence, ALLMERX® shall be liable for damage to property and pecuniary loss only if essential contractual obligations have been breached. Here too the liability of ALLMERX® is limited to the contractually foreseeable damage.
(4) Further liability for damages as regulated in the preceding paragraphs is excluded regardless of the legal nature of the asserted claim. This applies in particular to unauthorized acts acc. §§ 823, 831 BGB; Any unrestricted liability under the provisions of the German Product Liability Act remains unaffected.
(4) For the limitation period for all claims that are not subject to the statute of limitations due to a defect in the goods, an exclusion period of 18 months applies. It begins with knowledge of the damage and the person of the perpetrator.
§ 8 right of withdrawal
ALLMERX® may rescind the contract in whole or in part by written declaration if the customer becomes insolvent, the over-indebtedness of the customer occurs, the purchaser suspends his payments or if he has filed for insolvency over the assets of the purchaser. The right of withdrawal shall be exercised by ALLMERX® until the opening of insolvency proceedings over the assets of the customer. The customer already allows ALLMERX® to enter his business premises during normal business hours and to take possession of the goods if these conditions exist.
§ 9 Export restrictions
The delivery and / or service included in the order confirmation may be For example, due to their nature or intended use or end use, they are subject to export control regulations under German, European or US law. Each order is therefore subject to the condition that no supply / performance prohibition according to these regulations exists or that the required official approvals, approvals or permissions, which ALLMERX® requires for the fulfillment of the contract, are granted.
§ 10 Place of Performance, Jurisdiction, Applicable Law
Unless otherwise stated in the order confirmation, the registered office of ALLMERX® in Schkeuditz is the place of fulfillment.
The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is, if our contractual partner is a merchant, Leipzig.
German law applies exclusively, also for deliveries and services abroad. The validity of the United Nations Law on the International Sale of Goods (CISG) is waived.
ALLMERX®.
Schkeuditz, May 2016
Terms of sale and delivery (AGB) of ALLMERX® GmbH. (ALLMERX®)
§ 1. General
(1) Deliveries and services are made exclusively on the basis of the respective order confirmation, any special agreements in writing and in addition the following conditions.
(2) Our terms and conditions apply exclusively; We do not accept conflicting or deviating terms and conditions of the customer, unless we have explicitly and in writing agreed to their validity. Our terms and conditions also apply if we provide the service to him without reservation in knowledge of conflicting or deviating from our terms and conditions of the customer.
Already with order our terms and conditions are accepted by the purchaser.
Illustrations on our homepage contain only a description of goods and do not constitute an assurance of properties.
(3) Offers from ALLMERX® are non-binding. A contract is concluded with the order confirmation of ALLMERX® in text form.
(4) These terms and conditions of sale and delivery apply only to entrepreneurs in the sense of § 310 Abs. 1 BGB and natural persons.
(5) The customer is obliged to inform ALLMERX® correct and complete specification data and to check the order confirmation for correct reproduction of the communicated data.
(6) Information on the goods and services (for example, in catalogs, product information, electronic media or labels) is based on the general experience and knowledge of ALLMERX® and is merely indicative or indicative. Both the product information and the expressly agreed characteristics / uses do not release the customer from testing or verifying the technical and legal suitability for the intended use of the product, in particular also with regard to the protective right situation. All information materials (for example, catalogs and operating instructions) are always up to date on the Internet at www.spindeshop.de.
(7) Information on the nature and possible uses of ALLMERX® products does not contain any warranties, in particular not in accordance with §§ 443, 444, 639 BGB, unless these are expressly designated as such in writing.
(8) Planning support from ALLMERX® always takes place only within the scope of the overall system specified by the customer. ALLMERX® is not responsible for this, even though ALLMERX® offers and delivers goods with integrated functional safety.
(9) Specifications and designs for technical progress are subject to change.
(10) ALLMERX® reserves ownership and copyrights to samples, illustrations, drawings, calculations and similar information of physical and intangible nature, including in electronic form. This also applies to such documents and information, which are referred to as "confidential". Disclosure to third parties requires the prior written consent of ALLMERX®.
(11) These conditions also apply to all future deliveries and services up to the validity of new terms of sale and delivery of ALLMERX®.
(12 If no specifications are specified for orders by the client, the goods are delivered in standard execution, regardless of the request or request for quotation.
§ 3 Delivery time and delivery
(1) The delivery and service is carried out within the calendar week confirmed in writing and is determined by the ALLMERX® unilaterally with delivery date, but not before clarification of all execution details. The customer has all obligations incumbent on him, such. B. the performance of a deposit to meet in time. If this is not the case, the delivery time is extended appropriately. This does not apply if ALLMERX® is responsible for the delay.
(2) The delivery time shall continue to be extended appropriately in the event of unforeseeable obstacles beyond the control of ALLMERX®, regardless of whether they occurred with ALLMERX® or its suppliers, eg. Force majeure, labor disputes, import and export restrictions, regulatory approval procedures and other delays in the completion of delivery parts, breakdowns, committee, delays in the delivery of essential parts and raw materials, as far as such obstacles demonstrably on the completion or delivery of the ordered Goods are of decisive influence. Such obstacles are beyond the control of ALLMERX® even if they arise during an already existing delay. ALLMERX® will immediately inform the purchaser of the beginning and end of such circumstances.
(3) Within the scope of the statutory provisions, the customer can only withdraw from the contract due to delays in delivery insofar as ALLMERX® is responsible for them.
(4) If ALLMERX® is in default and causes the customer a delay damage from this, he is entitled to demand a lump-sum compensation for delay. It shall amount to 0.5% for each completed week of delay, but no more than 5% in total of the price of the part of the delivery and service which could not be put into appropriate operation because of the delay. Further claims due to delayed delivery are exclusively determined according to § 7 of these conditions.
(5) If the purchaser is in default of acceptance or culpably violates any other obligation to cooperate, ALLMERX® is entitled to demand compensation for the resulting damage, including any additional expenses. Further claims are reserved.
(6) The goods are unloaded by the customer independently from the means of transport of the forwarding agent or the supplier and at his own risk. Delivery takes place next to the footpath or in front of the charging station. All deliveries are made at the place of delivery without unloading, unless otherwise agreed.
§ 4 Transfer of risk, acceptance
(1) With the transfer to the forwarding agent or carrier, at the latest, however, when leaving the factory or the warehouse, the risk passes to the customer. This also applies if carriage paid delivery, delivery ex works, or similar. is agreed. Insofar as acceptance has to be made, this shall be decisive for the transfer of risk. It must be carried out immediately on the acceptance date or, alternatively, after ALLMERX® has been informed about readiness for acceptance. The purchaser may not refuse acceptance if there is a material defect.
(2) If the dispatch or acceptance is delayed or omitted due to circumstances beyond the control of ALLMERX®, the risk shall pass to the customer from the day of readiness for dispatch or acceptance.
§ 5 Retention of title
(1) ALLMERX® retains ownership of the delivered goods until receipt of all payments from the business relationship with the customer.
(2) If the orderer is in default of payment, ALLMERX® is entitled, after a reminder, to take stock of the goods. ALLMERX® may also take possession of the goods without first withdrawing from the contract. The purchaser already allows ALLMERX® to enter his business premises immediately during normal business hours and to take back the goods if these conditions exist. The same applies to the delivery of the affidavit by the purchaser, in the case of an arrest warrant for the submission of an affidavit by the purchaser or in the case of an application by the purchaser for the opening of insolvency proceedings over his assets.
(3) In case of breach of contract by the customer, in particular default of payment, ALLMERX® is entitled to withdraw. In case of return of goods as a result of rescission, ALLMERX® is only obliged to issue a credit note in the amount of the invoice value after deduction of the reasonable reduction in value as well as the costs of return and dismantling, but at least more than 30% of the invoice value. ALLMERX® grants a higher credit, if the customer proves a higher value retention of the repossessed goods.
(4) The customer is obliged to treat the goods with care; in particular, he is obliged to adequately insure these at his own expense against fire, water and theft damage at replacement value.
(5) In the event of seizures, seizures or other dispositions or interventions by third parties, the customer must notify ALLMERX® immediately.
(6) The customer is entitled to resell the delivered goods in the ordinary course of business. The pledge, security transfer or other disposal is prohibited. If the customer sells the goods delivered by ALLMERX®, regardless of their condition, he hereby assigns to ALLMERX® all claims arising from the sale up to the amount of the value of the goods against his customers with all ancillary rights until all claims arising from the mutual business relationship have been settled from. The purchaser is authorized to collect these claims.
(7) The authorization to resell and collect debts may be revoked if the purchaser is in default of payment or if there is another significant deterioration in his financial circumstances or creditworthiness. Upon request, the purchaser is then obliged to disclose the assignment to its customers, provided that ALLMERX® does not inform the purchaser's customers themselves, and to give ALLMERX® the information necessary to assert its rights against the purchaser and to hand over documents.
(8) Any processing or transformation of the delivered goods by the customer is always carried out for ALLMERX®. If the goods are mixed with other items not belonging to ALLMERX®. § 950 BGB, ALLMERX® acquires joint ownership of the new item in proportion of the value of the goods to the other processed items at the time of processing. The same applies to the goods resulting from processing as for the goods delivered under reserve.
(9) ALLMERX® undertakes to release the securities entitled to ALLMERX® at the request of the customer to the extent that their realizable value exceeds the claims to be secured by more than 10%. The selection of the securities to be released is the responsibility of ALLMERX®.
§ 6 claims for defects
(1) The purchaser must immediately notify ALLMERX® in writing of a detected defect.
(2) In the event of defects, the orderer has a claim for supplementary performance, which ALLMERX® provides at its discretion by removing the defect or by delivering a defect-free product or service. The customer has to grant the necessary time and opportunity to carry out the supplementary performance. Only in urgent cases of endangerment of operational safety or to prevent disproportionately large damages, whereby ALLMERX® must be informed immediately, the customer has the right to have the defect rectified itself or by a third party and to demand compensation from ALLMERX® for the necessary expenses. Complained goods or parts are to be returned only on our request and, if necessary, in good packaging and with the addition of a packing slip with indication of the order number.
(3) In the case of removal of defects, ALLMERX® is obliged to bear all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labor and material costs, unless these are increased by the goods being moved to a location other than the Place of performance, unless the shipment complies with the intended use.
(4) In case of failure of supplementary performance (§ 440 BGB) the purchaser has the right to reduce the purchase price or to withdraw from the contract.
(5) Damages, which arise for the following reasons and are not due to our lack of a breach of duty, do not justify any warranty claims:
Inappropriate or improper use after transfer of risk, in particular excessive use, faulty installation or commissioning by the customer or third parties, natural wear and tear, faulty or negligent treatment, unsuitable equipment, replacement materials, defective construction work, disregard of operating instructions, unsuitable conditions of use, especially in adverse chemical, physical, electromagnetic, electrochemical or electrical influences, weather or natural influences or too high or too low ambient temperatures.
(6) The limitation period for claims for defects is 2 years from the beginning of the statutory limitation period.
(7) Further claims are exclusively based on § 7 of these conditions.
§ 7 Liability for claims for damages and reimbursement of expenses
(1) For intentional or grossly negligent breaches of duty as well as in any case of culpable injury to life, limb or health, ALLMERX® shall be liable without limitation for all damages attributable thereto, unless otherwise provided by law.
(2) In the case of gross negligence of non-managerial employees, the liability of ALLMERX® for property damage and pecuniary loss is limited to the contractually typical, foreseeable damage.
(3) In the event of slight negligence, ALLMERX® shall be liable for damage to property and pecuniary loss only if essential contractual obligations have been breached. Here too the liability of ALLMERX® is limited to the contractually foreseeable damage.
(4) Further liability for damages as regulated in the preceding paragraphs is excluded regardless of the legal nature of the asserted claim. This applies in particular to unauthorized acts acc. §§ 823, 831 BGB; Any unrestricted liability under the provisions of the German Product Liability Act remains unaffected.
(4) For the limitation period for all claims that are not subject to the statute of limitations due to a defect in the goods, an exclusion period of 18 months applies. It begins with knowledge of the damage and the person of the perpetrator.
§ 8 right of withdrawal
ALLMERX® may rescind the contract in whole or in part by written declaration if the customer becomes insolvent, the over-indebtedness of the customer occurs, the purchaser suspends his payments or if he has filed for insolvency over the assets of the purchaser. The right of withdrawal shall be exercised by ALLMERX® until the opening of insolvency proceedings over the assets of the customer. The customer already allows ALLMERX® to enter his business premises during normal business hours and to take possession of the goods if these conditions exist.
§ 9 Export restrictions
The delivery and / or service included in the order confirmation may be For example, due to their nature or intended use or end use, they are subject to export control regulations under German, European or US law. Each order is therefore subject to the condition that no supply / performance prohibition according to these regulations exists or that the required official approvals, approvals or permissions, which ALLMERX® requires for the fulfillment of the contract, are granted.
§ 10 Place of Performance, Jurisdiction, Applicable Law
Unless otherwise stated in the order confirmation, the registered office of ALLMERX® in Schkeuditz is the place of fulfillment.
The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is, if our contractual partner is a merchant, Leipzig.
German law applies exclusively, also for deliveries and services abroad. The validity of the United Nations Law on the International Sale of Goods (CISG) is waived.
ALLMERX®.
Schkeuditz, May 2016