Terms and Conditions
Any activity described here by industrypart GmbH, represented by. d. GF Viktor Siebert, Robert-Bosch-Straße 33 a, Bensheim, AG Mannheim, HRB 729817 (hereinafter industrypart GmbH) is based on the attached General Terms and Conditions (hereinafter GTC), which are made known to all customers (hereinafter orderer / purchaser / buyer) of industrypart GmbH by handing them over or depositing them on the internet platform www.industrypart.com and are accepted by them.
§ 1 Scope
(1) These terms and conditions of sale apply exclusively. We only accept conditions of the customer that conflict with or deviate from the terms and conditions of sale if we expressly agree to their validity in writing.
(2) The basis of every contract is the attached general terms and conditions. These become part of the aforementioned contract. The general terms and conditions of commercial customers and consumers and their inclusion in the aforementioned contract are hereby expressly rejected. These terms and conditions of sale also apply to all future transactions with the respective customer.
§ 2 Offer
(1) The order (contract offer) is made by the customer online, by telephone, by email or by successfully placing the highest bid in an online auction. It is confirmed by us either expressly by email, by telephone or by written order confirmation or implicitly by delivery of the ordered / auctioned goods (contract acceptance).
(2) The contract information and contract texts underlying the purchase contract concluded with us are not stored on the Internet platform after the contract has been concluded. Customers and purchasers are responsible for archiving the aforementioned information that can be viewed via the Internet platform for the purposes of evidence, bookkeeping or other purposes on a storage medium that is independent of the Internet platform. We do not store any contract texts ourselves and do not make them accessible.
§ 3 Prices and payment
(1) Unless otherwise agreed in writing, our prices are ex warehouse, excluding packaging. Packaging costs will be invoiced separately.
(2) Discounts may only be deducted if a special written agreement has been made.
(3) The prices in the online shop are exclusive of VAT. For online auctions, the price quoted is exclusive of VAT.
(4) Unless otherwise agreed, the purchase price is due in advance without deduction from the date of purchase. If the customer defaults on payment, default interest of 5% above the current discount rate of the Deutsche Bundesbank per annum will be charged. The right to claim higher damages for default remains reserved.
§ 4 RULES FOR WITHDRAWAL BY CONSUMERS
Consumers generally have the right to withdraw from the contract concluded with industrypart GmbH within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the consumer or a third party designated by him orders the product on the Internet platform for a fee and receives it.
To exercise his right of withdrawal, the consumer must inform industrypart GmbH, Robert-Bosch-Straße 33 a, Bensheim, Telephone: +49 6251 98884 30, Fax: +49 6251 98884 31, Email: [email protected]) of his decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). To meet the withdrawal deadline, it is sufficient for the consumer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If there is a specification from the customer within the meaning of § 312g Paragraph 2 No. 1 BGB, the customers right of withdrawal is excluded. A specification from the customer always exists if the goods have been manufactured according to the customers wishes, an individual selection or determination by the customer is decisive for the production or the goods have been clearly tailored to the personal needs of the customer and industrypart GmbH. can no longer sell the goods to anyone else.
Consequences of cancellation: If the consumer cancels the contract, industrypart GmbHmust refund all payments received from the consumer immediately and at the latest within fourteen days from the day on which industrypart GmbH received notification of the cancellation of this contract. The same means of payment will be used for this refund as was used for the original transaction, unless something else was expressly agreed with the consumer.
The consumer is hereby informed that in the event of cancellation, the costs for returning the goods must be borne by the consumer within the meaning of § 357 Para. 6 BGB.
END OF CANCELLATION POLICY
§ 5 Delivery time
(1) The start of the delivery time specified by us requires the timely and proper fulfillment of the customers obligations.
(2) In the event that the customer defaults on acceptance or violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred by us, including any additional expenses. In the event of default on acceptance, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the time at which the customer defaults on acceptance.
§ 6 Transfer of risk
(1) If the goods are sent to the customer at the request of the customer, who is not a consumer within the meaning of § 13 BGB, the risk of accidental loss or accidental deterioration of the goods passes to the customer when they are sent to the customer, at the latest when they leave the factory/warehouse. This applies regardless of whether the goods are sent from the place of performance or who bears the freight costs.
§ 7 Retention of title
(1) We retain title to the delivered item until all claims arising from the delivery contract have been paid in full. We are entitled to take back the purchased item if the customer acts in breach of contract. Taking back the purchased item does not constitute a withdrawal from the contract unless this is expressly declared in writing.
(2) The customer is entitled to resell the reserved goods in the normal course of business. The purchaser hereby assigns to us the buyers claims from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including VAT). This assignment applies regardless of whether the purchased item was resold without or after processing. The purchaser remains authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been made or payments have been suspended.
(3) The customer is obliged to inform us at any time about the whereabouts and condition of the delivered goods and to allow us to inspect them. If the customer defaults on payment or his financial situation deteriorates, we are entitled to demand the handover of the goods belonging to us. Subject to mandatory legal provisions, this only constitutes a withdrawal from the contract if we expressly declare this. When goods are returned, appropriate deductions will be made for wear and tear and damage, or the loss in value or repair costs will be invoiced.
§ 8 Warranty
(1) The customer is obliged to inspect the goods immediately upon receipt for any transport damage and to report this to the transport company. A later objection will no longer be accepted.
(2) The warranty period for new goods is 12 months from delivery of the goods, unless a different, written warranty agreement is made.
(3) The warranty period for new goods (remaining stock) is 14 days from delivery unless otherwise stated.
(4) The sale/auction of used, untested goods (special items) is carried out with the exclusion of any warranty. Goods that are marked "untested, without/no functional guarantee" are special items whose functionality and completeness have not been checked by us. We do not provide any guarantee for this.
(5) Used goods or special and remaining items cannot be exchanged.
(6) We do not accept unsolicited returns.
(7) All parts that turn out to be defective as a result of a circumstance that occurred before the transfer of risk must be repaired or replaced free of charge at the suppliers discretion. The discovery of such defects must be reported to the supplier immediately in writing. Replaced parts become the property of the supplier.
(8) The customer must give the supplier the necessary time and opportunity to carry out all repairs and replacement deliveries that appear necessary after consultation with the supplier; otherwise the supplier is released from liability for the resulting consequences. Only in urgent cases where operational safety is at risk or to prevent disproportionately large damage, in which case the supplier must be informed immediately, does the customer have the right to remedy the defect himself or have it remedied by a third party and to demand reimbursement of the necessary expenses from the supplier.
(9) In the course of the repair or replacement delivery, we will generally assume the costs of the replacement part, our own removal and installation as well as shipping within the European Economic Area - provided the complaint turns out to be justified. The cost of repairs is capped at the value of the customers order.
(10) Liability for defects due to natural wear and tear, improper use, negligent conduct or inadequate maintenance by the customer is excluded. No warranty is provided in the following cases in particular: unsuitable or improper use, incorrect assembly or commissioning by the customer or third parties, natural wear and tear, incorrect or negligent handling, improper maintenance, unsuitable operating materials, inadequate construction work, unsuitable building ground, chemical, electrochemical or electrical influences - unless we are responsible for them. If the customer or a third party makes improper repairs, we shall not be liable for any resulting consequences. The same applies to changes to the delivery item made without our prior consent.
§ 9 Right of return
(1) You have the right to withdraw from your order at any time until the goods are made available and packaged in our company, unless otherwise agreed in writing. A reason for the withdrawal is not required. If you would like to cancel an order, simply send an email to [email protected] stating your name and the product. If you have already paid (in advance), you will receive a refund of the amount paid (see refunds). The statutory cancellation rights of consumers within the meaning of § 13 BGB are not affected by this.
(2) The right of return cannot be applied to sealed goods (software on data storage media of all kinds, ink, toner, etc.) if the sealed packaging has been opened or damaged. In particular, there is no right of return for individual systems/products that were created, built, modified, repaired, etc. at the request of the customer. Adapted software and hardware and services are also excluded from this regulation. Please note that bundles, packages and other combinations of software and hardware may only be returned together and in their entirety.
(3) Returns can only be made in their original condition with the original/sales packaging undamaged. In the event of significant deterioration (e.g. soiling, damage, signs of use, damaged sales packaging, damaged documentation, incomplete return), we reserve the right to demand compensation. The value of the item for use until it is returned must also be reimbursed. This can also justify your obligation to pay the full purchase price.
(4) We make claims for compensation, particularly for processors, memory modules, hard drives and other PC items, at least to the amount of the price drop, especially since these items are subject to constant price drops. Actual use is not important.
§ 10 General limitation of liability
(1) We shall only be liable for breach of contractual and non-contractual obligations, in particular for impossibility, delay, fault in the initiation of the contract and unlawful acts - including our senior employees and other vicarious agents - in cases of intent and gross negligence, limited to the damage typical for the contract that was foreseeable at the time the contract was concluded.
(2) These limitations do not apply in the event of culpable breach of contractual and non-contractual obligations. against essential contractual obligations, insofar as the achievement of the purpose of the contract is endangered, in cases of mandatory liability under the Product Liability Act, in the event of damage to life, body and health, and also not if and to the extent that we have fraudulently concealed defects in the item or guaranteed their absence. The rules on the burden of proof remain unaffected by this. Unless otherwise agreed, contractual claims that the customer has against us on the occasion of or in connection with the delivery of the goods expire one year after delivery of the goods. This period also applies to goods that are used for a building in accordance with their usual use and have caused its defectiveness. Our liability for intentional and grossly negligent breaches of duty and the statute of limitations for statutory recourse claims remain unaffected. In cases of subsequent performance, the statute of limitations does not begin to run again.
§ 11 Miscellaneous
(1) All agreements and changes to the contract are only valid if they are confirmed by us in writing. The customers claims under the contract may not be assigned without our consent. The place of performance for all deliveries and services is, as far as permissible, Bensheim.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is, at our discretion, either Bensheim or the court responsible for the customer according to the statutory regulations. This also applies if the customer does not have a general place of jurisdiction in the country at the time the contract is concluded or if he moves his place of residence or place of business abroad after the contract is concluded or if his usual place of residence is not known at the time the action is brought.
(3) The contractual relationship is subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(4) Should one of the above provisions be or become invalid or unenforceable, the remaining provisions shall remain unaffected. The parties hereby undertake to replace the invalid or unenforceable provision with one that comes as close as possible to the economic purpose pursued by the invalid or unenforceable provision in a legally permissible manner. This also applies if the above provisions contain a gap.
(5) The European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchases or service contracts involving a consumer.
(6) We hereby inform all consumers that, in accordance with the law on alternative dispute resolution in consumer matters (VSBG), we are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board, nor are we currently participating in such a procedure.
General terms and conditions for services, repairs
§ 1 General
(1) The following conditions apply to all repair orders given to the contractor as well as preparatory work for this, such as inspections and cost estimates. For repairs within the scope of the warranty (guarantee), they apply in addition to the contractors warranty conditions.
§ 2 Execution
(1) The execution of repair work is carried out centrally for the first time, including in master workshops and specialist workshops, at the contractors flat rate prices. The flat rate repairs offered include material (spare parts - such as transistors, voltage control ICs, small parts) and labor costs, but not housing parts, processors, picture tubes, connection cables, line transformers, displays or complete boards. The offer does not apply to devices on which repair attempts have not been made properly or on which housing and/or transport damage has been caused. If the error described by the client does not occur or is reproducible, a flat-rate inspection fee will be charged at the current daily rate and the transport costs will be invoiced. If the error appears irregularly, this may result in an extension of the repair time.
(2) Devices to be repaired or inspected in the contractors service center in accordance with paragraph 1 will be delivered and picked up at the place where the order is accepted at the contractors risk. (If a device breaks during transport by us, we are responsible for this.) For the collection of devices, we charge a kilometer flat rate of 82 cents up to 30 km from Bensheim, 62 cents 31 to 100 km. From 100 km, ask for the price.
(3) The statutory expense rates and, for stays abroad, the country-specific meal allowance amounts from the Federal Travel Expenses Act are used as a basis. We charge the actual costs incurred for overnight stays.
(4) In the case of repair orders, the contractor is also entitled to correct faults that only become apparent during the repair and whose elimination is necessary for operational safety, unless the order was limited to the elimination of a specific fault or a cost estimate was given that would be significantly exceeded if the other fault were taken into account.
(5) If special spare parts are required for completion that cannot be obtained on the market, the repair will be completed and the device(s) delivered. In this case, the customer bears the transport costs. If our technicians determine that the expected repair costs could exceed the flat rate, a cost estimate will be prepared showing the expected repair costs.
(6) If the cost estimate is not answered within the specified period of 14 days, we will consider our offer to a customer who is not a consumer to have been accepted. We will repair the device(s) and deliver them.
(7) Our offers are always subject to change and non-binding.
(8) Our offers are binding for 14 days from the date of the offer. If the spare parts are hard to obtain, we can limit the offer to a specific period or increase the offer price. Orders are only legally valid if they are confirmed by us in writing.
(9) If the written confirmation differs from the order, this is considered a new offer that the customer can accept within one week. The contract is then concluded on the basis of our new offer.
(10) Complaints must be reported in writing within one week. Transport damage must be reported to the contractor immediately in writing.
§ 3 Return, payment, delivery conditions
(1) The repaired goods can only be returned against presentation of the confirmation of receipt. For new customers, the goods/repaired goods are delivered exclusively by advance payment or cash on delivery. Cheques are only accepted for performance. If payment deadlines are exceeded, interest will be charged in accordance with the respective bank rates, but at least interest of 5% above the respective base interest rate of the European Central Bank. Projects and contributions in kind with a certain order value (from 7,000 euros) must be pre-financed by 40%. Pre-financing only takes place after the order confirmation has been issued.
(2) The customer must collect the repaired goods on the scheduled delivery date. In this context, both contracting parties acknowledge that when the goods are handed over for repair, a storage contract is concluded that is essentially free of charge.
If the repair is completed or an order is not placed, the goods must be returned or collected.
(3) The goods must be returned or collected within 4 weeks. If this does not occur within 4 weeks after the client has been requested to do so by the contractor, the contractor is entitled to the usual compensation for storage due to the clients default in acceptance.
(4) After 2 months have passed since the deadline for collecting the repaired goods has expired, the contractor will threaten the disposal of the repaired goods in writing with a further months notice. After this last deadline has expired, the contractor is entitled to dispose of the goods freely, taking the clients interests into account as much as possible, unless the client notifies the customer beforehand.
(5) After the repaired goods have been sold and the sales tax has been paid, the contractor will use the proceeds to cover the claims arising from the storage contract and the sale. If the sale proceeds exceed the repair and storage costs, the clients claims from the sale proceeds remain unaffected. The surplus will be refunded to the client.
§ 4 Delivery conditions
(1) The repairs have a lead time of approx. 2 - 3 weeks. Completion dates given to the client are planned dates - even if the date and/or time is specified - and are therefore not binding, unless something different is expressly agreed in writing.
(2) Delivery periods or delivery dates are extended appropriately if unforeseeable obstacles occur, such as in cases of force majeure, strikes and lockouts, as well as operational disruptions that cannot be remedied at short notice. This also applies if the circumstances mentioned occur with one of our suppliers. As soon as we become aware of such circumstances, we will endeavour to inform our customer accordingly within a reasonable period of time.
§ 5 Warranty
(1) For repair and inspection work that is charged, as well as for a charged exchange instead of a repair, the contractor provides a warranty in such a way that he will remedy defects by repair or, if a charged exchange was faulty, by replacement delivery free of charge within 6 months.
(2) With every repair, the device is provided with a test seal. If the test seal is violated by third parties, any warranty claim arising from the repair is void.
(3) Warranty claims are void if the device is not operated properly (the device should be operated/connected according to the manufacturers instructions)
§ 6 Claims for damages
(1) Claims for damages - regardless of the legal basis - due to slight negligence are excluded.
(2) Unless expressly agreed otherwise, claims for compensation by the customer, in particular damage that did not occur to the control system itself, as well as claims for positive breach of contract and for compensation due to consequential damage or losses of the customer, such as loss of income, loss of use, loss of production, capital costs or costs associated with an interruption in operations, are excluded.
(3) We are liable for the correctness of the decisions taken and in the project documented statements insofar as the conclusions are based on the accuracy of the data and information provided. We provide our information about products and processes to the best of our knowledge. However, this does not release the user from the responsibility of checking their use for their own use, for applications and procedures that are not expressly stated by us in writing. Warranty and liability are otherwise only assumed if the product is used as intended.
(4) Liability and responsibility for the function is always transferred to the owner or operator if persons who are not part of our staff carry out improper maintenance, etc. This exclusion of liability does not apply in the case of intent or gross negligence. If we are liable, this is in any case limited to the compensation provided by our liability insurer.
(5) Furthermore, we assume that the customer or client has the necessary professionally competent personnel to operate the scope of delivery.
§ 7 Miscellaneous
(1) All agreements and changes to the contract are only valid if they are confirmed by us in writing. The customers claims under the contract may not be assigned without our consent. The place of performance for all deliveries and services is, as far as permissible, Bensheim.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is, at our discretion, either Bensheim or the court responsible for the customer according to the statutory regulations. This also applies if the customer does not have a general place of jurisdiction in the country at the time the contract is concluded or if he moves his place of residence or place of business abroad after the contract is concluded or if his usual place of residence is not known at the time the action is brought.
(3) The contractual relationship is subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(4) Should one of the above provisions be or become invalid or unenforceable, the remaining provisions shall remain unaffected. The parties hereby undertake to replace the invalid or unenforceable provision with one that comes as close as possible to the economic purpose pursued by the invalid or unenforceable provision in a legally permissible manner. This also applies if the above provisions contain a gap.
