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§ 1. General information
Services performed by REDTEC Corrosion Technology GmbH (hereinafter called REDTEC Corrosion Technology GmbH) are governed by the following general business terms and conditions. Deviating customer terms not recognised by REDTEC Corrosion Technology GmbH are non-binding, even where REDTEC Corrosion Technology GmbH does not expressly contradict these. Comprehension and interpretation of these sales terms and delivery conditions and the conclusion and interpretation of transactions with the customer him/herself are regulated exclusively according to the laws of the Federal Republic of Germany. The application of the Uniform Law on the Formation of Contracts for the International Sale of Goods and the Uniform Law on the International Sale of Goods of the United Nations Convention on Contracts for the International Sale of Goods is excluded. The ineffectiveness of individual provisions of this contract or its constituents does not interfere with the effectiveness of the remaining provisions. The contracting parties are obliged in this context to act reasonably and in good faith to replace an ineffective provision with an equivalent provision which achieves their economic success, provided that no fundamental alteration of the subject terms of the contract are precipitated as a result. The same applies if circumstances in need of regulation are not explicitly regulated. The place of performance for all obligations arising directly or indirectly from this contractual relationship, including duty of payment, is the registered office of JumpingCrew. The place of jurisdiction is the jurisdictional venue responsible for the registered office of REDTEC Corrosion Technology GmbH, insofar as the purchaser is a trader (merchant). REDTEC Corrosion Technology GmbH is also entitled to bring a claim before a court that has jurisdiction for the registered office or a subsidiary of the customer.
§ 2. Offers / Order confirmations
Our offers are governed by the general business terms and conditions stipulated here. Our offers are in all cases non-binding. Conclusions of contracts and other agreements only become binding on receipt of written confirmation from REDTEC Corrosion Technology GmbH. All recorded contracts, particularly such recorded by employees of REDTEC Corrosion Technology GmbH, only and exclusively become effective on receipt of written confirmation from us. Any other conduct on the part of REDTEC Corrosion Technology GmbH or silence do not justify faith of the customer in the conclusion of the contract. REDTEC Corrosion Technology GmbH can issue written confirmation of order up to the expiration of 14 calendar day after the customer's order has been received by us.
§ 3. Prices, payment conditions
With regard to traders (merchants), legal persons governed by public law and special funds governed by public law, our prices are net prices plus the respective applicable statutory valid added tax. All invoices are due on the date indicated on the invoice. In the case of delayed receipt of payment, we are entitled to charge for damages caused by delay to the level of our credit costs, at least, however, to the level of 4% over the base interest rate of the European Central Bank. In the event of delay of payment, payment of all further debts still due/deferred is due with immediate effect, and we are freed of the obligation to perform further services/deliveries. Bills of exchange and cheques are only accepted on account of performance; expenses relating to discounts and bills of exchange and other costs are borne by our customers and shall be settled in advance.
Cheques are not regarded as cash payments. Our customers are only entitled to offset payments against counterclaims
if we have recognised said or they have been determined to be legally valid. The assertion of rights of lien or retention is excluded. Acceptance of discounts shall be indicated by us in the written order confirmation in each individual case and only apply on condition of prompt and complete payment. Payments shall be transferred in EURO without deduction and free of expenses and charges via the banking institute stipulated by us. Unreserved crediting to the bank account is decisive for the determining of the punctuality of payment. REDTEC Corrosion Technology GmbH can, on its own discretion and in its own right or through assigned rights, offset payments received against claims existing against the customer at the time of payment. Without waiving any further legal rights, we are, in particular, entitled to register objection on the grounds of an absence of security in accordance with § 321 BGB (Civil Code) if the customer only fulfils his/her existing obligations to us or third parties in an inadequate manner or realises payment sluggishly, or where the limit set by a credit insurer is exceeded or shall be exceeded by the pending delivery. In place of an objection, we are also entitled to make performance of work already confirmed conditional on prepayment in future. We are not obliged to continue performance as long as the customer fails to provide adequate security to avert the objection. In the event of us discovering circumstance after conclusion of contract which raise justifiable doubts about the capacity of the customer to render counter-performance, we are entitled, subject to the reservation of all other rights, to withdraw in full or partially on our own discretion from all contracts which have not been, or not yet been, fulfilled after stipulating an appropriate extended period of performance, to demand payment of the equivalent amount for work already performed with immediate effect or demand prepayments or the provision of security for further deliveries and services.
§ 4. Delivery deadlines
Delivery periods and delivery deadlines are only binding in the case of express consent and/or agreement. Where agreed delivery durations or delivery deadlines are not adhered to, or where performance of delivery on non-binding agreed delivery deadlines is delayed for an unacceptably-long duration, the customer is entitled to stipulate an appropriate extended period of
performance and, additionally, entitled to withdraw from the contract on the expiration of said extended period of performance. A period of at least 4 weeks is considered appropriate. An entitlement to compensation only exists in the case of wilful or grossly-negligent breaches of contract on our part. The agreed period shall be appropriately extended if we are prevented from adhering to delivery periods as a result of force majeure or other events (e.g. weather-related) which we are unable to avert through reasonable means. Where are customer has advance obligations to perform, or has commissioned other firms with their performance, and where performance is not rendered within the period stipulates, the client is under obligation to compensate us for damages should we suffer economic disadvantages as a result of the delay. Delivery deadlines are extended accordingly. Where the customer is obliged to contribute to the realisation of our performance, and the customer fails to realise this performance in good time or
the customer changes the stipulated performance originally agreed on his/her own discretion, or where the customer is in breach of his/her obligation to cooperate in accordance with §5, the agreed delivery periods shall be at least equally extended accordingly. Moreover, REDTEC Corrosion Technology GmbH is entitled to withdraw from the contract in such cases and demand compensation for expenses accrued and lost profits.
§ 5. Cooperation obligations
§ 5. Cooperation obligations
Our customer is obliged to provide us with the documents and information required to realise the work involved. He/She is obliged to appoint a contact person in his/her company who shall cooperate to an appropriate degree during realisation of the order. The customer shall grant us unrestricted access to the performance location during the agreed working hours. The customer is obliged to immediately forward to us all relevant information and decisions necessary for the realisation of the order.
§ 6. Realisation of the order
REDTEC Corrosion Technology GmbH is entitled to take advantage of the services of expert employees, including employees of outside firms, for the realisation of the order. REDTEC Corrosion Technology GmbH reserves the right to select qualified employees.
§ 7. Acceptance
The customer shall accept work performed. The respective status/condition of the work subjected to expert appraisal and inspection is in all cases regarded
as accepted in this respect, provided no deficiencies have been reported to REDTEC Corrosion Technology GmbH. Reporting of deficiencies shall be realised immediately and in the written form. Our warranty obligation is restricted to the remedying of defects in the event of deficiencies. Where the remedying of deficiencies fails, our customer
is entitled, on his/her own discretion, to withdraw from the contract or demand an appropriate reduction in price. This does not apply if the failure to remedy deficiencies only relates to an insignificant part. Further warranty claims are excluded. Complaints or modification requests
shall be reported to REDTEC Corrosion Technology GmbH immediately on identification.
§ 8. Liability and limitation of liability
Compensation claims, regardless of the grounds behind said, are excluded, insofar as
we are not guilty of wilful or grossly-negligent conduct. Liability for
consequential damages and indirect damages is excluded (e.g. claims of third parties, downtimes, business interruptions, etc.). Liability for assured characteristics remains unaffected. Our liability only applies to the services and performance rendered by us. Where outside services are identified by us, our customer shall in all cases reimburse all costs for said services. Deficiencies which can be traced back to an ambiguous description of the task on the part of the client, the clients erroneous and inadequate cooperation during order realisation, missing information or the absence of assured working conditions are not the responsibility of REDTEC Corrosion Technology GmbH.