General Terms and Conditions for Business Customers of ISO Innovativ GmbH, Hahnstraße 9, 48369 Saerbeck, Germany (Status 08/2023)
§ 1 Scope
These General Terms and Conditions apply to the entire business relationship. Changes and additions must be made in writing. Deviating general terms and conditions shall only become part of the contract if we have acknowledged them in writing, which shall always refer to the individual transaction only. Our General Terms and Conditions shall also apply if we provide the service to the customer without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from our General Terms and Conditions. They are aimed exclusively at entrepreneurs.
§ 2 Terms of payment
Unless otherwise agreed, the goods are payable within a period of 7 days from the date of invoicing. The buyer is not entitled to a cash discount. If the payment deadline is exceeded, default automatically occurs in accordance with the legal basis.
§ 3 Delivery
The stated delivery dates are non-binding. We reserve the right to make changes in design or form which are due to improvements in technology or to requirements of the legislator during the delivery period, provided that the delivery item is not significantly changed and the changes are reasonable for the customer. Delivery is always at the risk of the customer.
The risk is transferred to the customer when the goods are handed over to a transport company. Delivery is made to the delivery address specified by the customer. If the buyer is a consumer in the sense of § 13 BGB, the risk of accidental loss and accidental deterioration of the sold item, even in the case of a mail order purchase, shall not pass to the buyer until the item is handed over. The handover is equal if the buyer is in default of acceptance. The buyer is obliged to inspect the goods immediately after receipt for visible damage or obvious defects. If such defects become apparent, the Buyer shall notify the Seller thereof in text or written form within 2 weeks. If this notification is omitted, the Seller shall be entitled to reject any claims of the Buyer with regard to such damage.
§ 4 Retention of title
The goods remain the property of the seller until full payment of the purchase price. An authorization to resell before full payment of the purchase price is expressly not granted. The delivered items may not be permanently attached to a property until the purchase price has been paid in full.
§ 5 Warranty
5.1 The customer’s claims due to material defects shall become statute-barred one year after delivery/acceptance in the case of new items.
5.2. The customer’s claims due to material defects in used goods are excluded. These exclusions or reductions to 5.1 and 5.2 shall not apply if the defect was caused by intent or gross negligence or if liability is mandatory by law, or if the defect is caused by injury to life, body or health.
5.3 The warranty shall be provided in accordance with the statutory provisions. If defects appear, the customer is obliged to report them immediately. The notification shall be made in writing or text form. If such immediate notification is not made, the seller is entitled to refuse the warranty. The User shall be entitled to exercise its own right of choice with regard to rectification of defects or subsequent delivery.
5.4 In the event of rectification of defects, the Customer may assert claims for material defects based on the order for the parts installed to rectify the defects until the expiry of the limitation period of the object of the order. Replaced parts become the property of the contractor.
5.5 If the customer’s warranty claim turns out to be unjustified due to the absence of a warranty defect, the customer shall be obliged to bear the costs incurred for the alleged rectification of the defect.
5.6 The place of performance of the warranty rights shall be the User’s place of business. An assumption of the additional costs of the defect removal, provided that the thing was brought to another place than the place of performance of the contract, is excluded.
§ 6 Warranty
6.1 Unless fixed in writing, the User shall not give any warranty promises or assurances outside the statutory warranty rights.
6.2 Warranty claims of the Seller against the manufacturer, insofar as they exist, are hereby assigned.
6.3 If, in addition to the warranty claims against the Seller, the Buyer has warranty claims with the same content against the manufacturer, the Seller may refuse the warranty (defense) if the Buyer has not first attempted to enforce its claims against the manufacturer out of court. The warranty claims against the seller remain valid in parallel. If the justified complaint against the guarantor is brought to the attention of the seller or if such a complaint is brought against the seller himself, the limitation period shall be deemed to be suspended.
§ 7 Limitation of liability
Claims for damages, in particular those due to consequential harm caused by a defect, as well as compensation for lost profit are excluded, unless the damage was caused by intent or gross negligence or liability is mandatory by law. The limitation of liability does not apply to injury to life, body or health.
§ 8 Place of jurisdiction / place of performance
The contract language is German. If copies of the contract or parts thereof are additionally drawn up in another language, the German-language version shall apply in the event of ambiguities or discrepancies. The language of negotiation is exclusively German and/or English. The contract including the form of its conclusion and all rights and obligations arising from it shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of performance is Saerbeck (Germany). The courts in Bielefeld (Germany) shall have exclusive jurisdiction over any disputes arising out of or in connection with this Agreement, including disputes regarding its formation and validity. These regulations also apply to consumer contracts according to ROME I, 6, as far as the consumer is not materially worse off by the application of German law in the sense of ROME I, 6 para.2.
