General terms and conditions for the sale of used goods
I. Scope of application
- The following terms and conditions of sale of ITB LTD. apply to all sales to their customers both at home and abroad. The deliveries, services and offers are made exclusively on the basis of these terms and conditions.
- Conflicting or differing terms of purchase or other restrictions of the buyer are not recognized, unless ITB LTD.. Has expressly and in writing agreed to them in individual cases. Contra - indications by the buyer with reference to deviating terms of business or purchasing are hereby contradicted.
II. Offer and order
- The offers of the ITB LTD. are free and non-binding.
- Insofar as the order is to be viewed as an offer, orders placed are only accepted with written confirmation by ITB LTD., but at the latest with delivery as accepted.
- ITB LTD. reserves the right to retain all documents placed with the Purchaser as part of the order. The property and copyrights. These documents may not be made available to third parties, unless ITB LTD.. Grants the Buyer explicit written consent.
III. Right of revocation
The purchase contract can be revoked by the buyer within two weeks at ITB LTD. The revocation has no justification. It must be in writing, on another durable medium or by returning the item. Timely dispatch is sufficient to ensure timely delivery. The deadline begins with the delivery of the purchased item, however, not before the fulfillment of the information requirements pursuant to Art. Section 312 C para. 2 BGB. In the case of an effective revocation, the services received at both ends shall be returned and any benefits drawn out shall be issued. If the purchaser can not issue the purchase item in whole or in part or only in a deteriorated condition, he is obliged to a corresponding rate of sales. In the case of a return from a delivery of goods whose total value is up to € 40, the buyer shall bear the costs of the return if the delivered goods correspond to the ordered goods. Otherwise, the goods will be returned at the expense and risk of ITB LTD..
- The prices quoted are net of VAT, which is valid in UK.
- The prices are valid from the location of the purchase object. The buyer bears the costs for dismantling and assembly, packaging, loading and insurance.
- By agreement, tools, tools and personnel can be used by ITB LTD.. Can be provided, e.g. Hall cranes, forklifts, staff. These are charged to the buyer at the expense. The dismantling, the charging and the transport are fundamentally according to the state of the art.
V. Terms of payment
- Unless otherwise agreed in writing, deliveries shall be made only against prepayments. A payment shall not be deemed to have taken place until ITB LTD.. Of the amount. ITB LTD. is responsible for the collection of checks and bills of exchange. Not obligated.
- If the buyer is in default of payment, interest on arrears will be due at the statutory rate. In addition, the right to assert default is reserved.
- If the purchaser has made incorrect information about the facts which result from the creditworthiness of the purchaser, the purchaser 's economic situation will result in a material deterioration or a bankruptcy or conciliation procedure has been applied for. Shall be entitled to withdraw from confirmed orders at any time, without requiring a prior postponement, unless payment has already been made in full.
- The purchaser is entitled to the set-off, retention or reduction only if his counterclaims are undisputed or legally established. The buyer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
VI. Delivery / risk transfer
- The ITB LTD. is entitled to partial deliveries and partial services at any time.
- he risk of accidental loss or accidental deterioration of the goods shall pass to the buyer at the latest upon leaving the location where the storage technology remained, unless a legal transfer of risk has previously been regulated. This applies irrespective of whether the goods are dispatched from the place of performance. If the shipment is without fault of ITB Schweiz GmbH. The risk already passes to the buyer with the notification of readiness for dispatch.
- When the delivery is accepted, the freight carrier must be notified of any damage to the packaging and / or the goods in writing and immediately after delivery.
VII. Delivery dates and deadlines
- The information provided by ITB LTD. are not binding, unless they have been agreed in writing.
- If a binding delivery date or a binding delivery date is exceeded, ITB LTD. shall be liable. Already in arrears with exceeding of the delivery date or the delivery period.
- he buyer may request the seller to deliver ten days after the delivery date or delivery period has been exceeded. By train to the call comes the ITB LTD. is in default. If the buyer is entitled to compensation for a delay of delay, the seller is limited to a maximum of 5% of the agreed purchase price if the seller is slightly negligent.
- If the purchaser wishes to pay damages in addition to the damage caused by default. No. (3) withdraw from the contract and / or demand compensation in lieu of performance, he must inform the vendor after expiry of the ten - day period pursuant to para. 3 set a reasonable deadline for delivery.
- If the buyer is entitled to damages instead of the performance, the claim is limited to 10% of the agreed purchase price in case of slight negligence. If the purchaser is a legal person of public law, a public law fund or an entrepreneur acting at the conclusion of the contract in the exercise of his commercial or independent professional activity, claims for damages in case of slight negligence are excluded. Will be the ITB LTD. while it is in default, the delivery by chance is impossible, it is liable with the above agreed liability limitations. The ITB LTD. shall not be liable if the damage had also occurred in the case of timely delivery.
- Force majeure or ITB LTD. or its suppliers, which temporarily prevent the seller from supplying the object of purchase at the agreed date or within the agreed period, change the agreed dates and deadlines by the duration of the performance disturbances caused by these circumstances. If such disruptions lead to a deferral of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected.
- The purchaser is obliged to purchase the item of purchase within 8 days from receipt of the display. In case of non-acceptance, ITB LTD. of their legal rights.
- Requires ITB LTD. Compensation is 10% of the purchase price. The compensation shall be increased or reduced if ITB LTD. a higher or the buyer a lower damage.
- The buyer acquires the used item under exclusion of any liability for material and / or legal deficiencies. This is irrespective of whether the defects are open or hidden. It is the buyer's responsibility to check whether the purchased item is operational and complies with the respective legal provisions on the safety of working materials.
- Liability for damages shall be determined in accordance with para. X (adhesion).
- Claims and rights due to deficiencies in the deliveries - irrespective of the legal basis - are excluded.
- The exclusion or limitation provisions pursuant to No. 1 shall also apply to all claims for damages against the seller which are connected with the defect irrespective of the legal position of the claim. Insofar as claims for damages of any kind exist against the Contractor, which are not connected with a defect, they are excluded.
- The period of limitation begins with delivery of the goods.
- Unless otherwise specified, the statutory provisions on the commencement of the limitation period, the expiry of the term, the suspension and the new beginning of periods shall remain unaffected.
- The seller is only liable for intent and gross negligence; The liability for negligence is limited to the infringement of contractual obligations. In the latter case, ITB LTD. is liable. Only on the contract type damage. ITB LTD. is liable for injuries to life, body or health. Including negligence without limitation.
- For the orderer or third parties without prior approval of ITB LTD.. Changes or repair work will be the liability of ITB LTD. locked out.
- Liability for delay in delivery is stated in clause. Finally.
- The personal liability of the professional representatives, vicarious agents and employees of ITB LTD. is excluded. For damages caused by slight negligence.
XI. Retention of title
- The object of purchase shall remain the property of ITB LTD. up to the compensation of the claims due to the seller on the basis of the purchase agreement. If the buyer is a legal person of public law, a public - law fund or an entrepreneur who, upon conclusion of the contract, Or self-employed professional activity, the retention of title shall also remain for claims of ITB LTD.. Against the buyer from the current business relationship until the settlement of claims due in connection with the purchase. At the request of the buyer ITB LTD. to the waiver of the retention of title if the buyer has fulfilled all claims connected with the object of purchase incontestably and an adequate security exists for the remaining claims arising from the business relations.
- In the event of default of payment by the Purchaser ITB LTD. to withdraw from the purchase contract.
XII. General provisions
- Should a provision of these terms and the further agreements made be or become invalid, the validity of the terms and conditions shall remain unaffected.
- Supplementary agreements or alterations, as well as resulting additional / reduced prices and / or altered delivery periods require the written agreements or the ITB LTD. in writing.
- For all claims arising from the contractual relationship, the application of exclusively German law is excluded under international private law. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 is expressly excluded.
- The court of jurisdiction for all disputes is the domicile of ITB LTD..