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Contract-conclusion
These contract-conditions of the company Subtwo, Owner Günter Josch, is valid for all jobs and orders. From this deviant conditions needs the written confirmation through Günter Josch. Job-assumption: Offers the company Subtwo are always and in all parts without obligation and subject to change. Given jobs are regarded first as assumed then if they are confirmed by Günter Josch. With award, the buyer explains his solvency. If well-founded misgivings emerge after job-assumption against the payment-worthiness, the company Subtwo is entitled either to do the fulfillment of the contract from a prepayment dependent, or to resign from the contract. Delivery-time The delivery-dates named in a confirmation of order are kept after possibility, is not binding however. A delayed delivery doesn't entitle to the resignation or to the demand of compensation. Is late delivered ware if necessary with transfer and unopposed assumption, the delivery is regarded as timely and properly assumed. Compensation-claims because of not taken place delivery are excluded also in principle. Delivery-duty The buyer has no claim on delivery in cases lacking delivery-ability because of higher force, strike, lock-out, delivery-delay the before-suppliers and other events, that not representing the company Subtwo has. Buyers and the company Subtwo are entitled under exclusion from damages-claims to the resignation for this case. Prices The supplies take place against move-authorization or before cash register provided not deviant conditions are appointed. Part-programs are subject to the same terms. Checks become at fulfillment fulfillment-half and not instead of assumed. The company Subtwo is not bound to the assumption. Terms The supplies take place against move-authorization or payment before send, provided not deviant conditions are appointed. Part-programs is subject to the same terms. Checks become fulfillment-half and not at fulfillment instead of assumed. The company Subtwo is not bound to the assumption. Complaint of lacks Transportation-damages are to be made opposite instantaneously current the carrier or carriers in principle. Findings-receptions are to be applied with discharge of the merchandise with the carrier instantaneously. Complaints of recognizable lacks must instantaneously, at the latest within 8 days after reception of the ware in writing is shown. Hidden lacks are unhesitating to show after perusal in writing. In each case, the guarantee-period is restricted on 24 months from delivery-date. A liability for consequence-damages is impossible. Retraction-right The customer is justifiable, his willingly-explanation directional on the contract-conclusion within 2 weeks after receipt of the ware, to take back. For the maintenance of the period sufficed the timely dispatch of the retraction or the return of the ware at Günter Josch, company Subtwo, Kolpingstr. 3, D-49774 Lähden. The customer carries the proof-load for shipment and access of the merchandise to be sent back. They are allowed to ware, that was prepared after specifications of the customer, to the examination of that flawless-ness from the package takes. With an use outgoing over it let's keep us before, the customer, to calculate the depreciation and the value of the utilization. Provided the customer has already paid the purchase-price, the supplier is entitled to withdraw depreciation of the repayment-amount. The depreciation can in individual case corresponds to the paid purchase-price, for example with soldered prefabricated parts, loudspeakers or electronic modules. The return-expenses are not reported generally since the 1.Januer 2005. In the case of the retraction, the supplier pays back a purchase-price if necessary already to the customer. The remittance-dues are withdrawn with payments into the foreign countries moreover. A retraction-right doesn't exist with products, that after specifications of the customer was prepared. Guarantee The guarantee-claim of the buyer either includes update after election through the company Subtwo or, as far as this is not satisfactorily possible, on substitute-delivery same or similar article and goods. If a substitute-delivery should not be possible, the buyer can ask for decrease or change of the contract. Claims outgoing over it, like for example compensation because of default or claims, according to § 476 at BGB is impossible. The buyer has to hold the Ware disposal, complained and after agreement with the company Subtwo this properly packs, on own danger and on own expenses to send back. The company Subtwo will refuse the assumption of sent back, complained ware without prior consultation. The resignation because of an insignificant lack is impossible. Proprietary-reservation The delivered ware remains property of the company Subtwo up to the complete payment of all demands from the business-connection with the customer in head and inessential matter. General regulations If individual parts of this general Business-conditions should be ineffective, the effectiveness of the remaining regulations is not touched hereby. Exclusively the right of the Federal Republic of Germany is valid. As far as doesn't agree differently, Lähden fulfillment-place is for all deliveries and payments. Exclusive jurisdiction, as far as according to § 29 ZPOS allowable, the seat of the company Subtwo is in D-49774 Lähden. (January 2007) |