GENERAL TERMS AND CONDITIONS OF BIBKO^® Umwelt- und Reinigungstechnik GmbH for the supply of machinery

§ Section 1 Scope of application

(1) 1 For all deliveries and services (delivery item) the following General Terms and Conditions of Business apply exclusively. 2 Other conditions do not become part of the contract, even if we do not expressly contradict them. 3 Deviations from these terms and conditions must be agreed in writing. 4 An agreement in writing is deemed to be an agreement in case of declaration by e-mail, fax or letter.

(2) BIBKO^® Umwelt- und Reinigungstechnik GmbH (hereinafter referred to as the "Supplier") supplies exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code), namely merchants and legal entities under public law as well as special funds under public law (hereinafter referred to as the "Buyer").

(3) Individual or special agreements made in writing shall take precedence over these General Terms and Conditions, insofar as they are sufficient.

 

§ 2 Offer and offer documents

(1) The documents belonging to the offer, such as illustrations, drawings, weight and dimensional data, are only approximate unless they are expressly designated as binding.

(2) 1 The supplier reserves the right of ownership and copyright to cost estimates, drawings and other documents. 2 Such documents may not be made accessible to third parties. 3 Plans marked as "confidential" may only be made accessible to third parties with the express prior consent of the supplier.

 

§ 3 Placing of orders and scope of delivery

(1) 1 Orders for new deliveries shall only be deemed to have been placed when the Supplier has confirmed the order to the Purchaser by receipt of a written order confirmation (conclusion of contract). 2 This also applies to the conclusion of the contract in the case of orders mediated by representatives. 3 Notwithstanding sentence 1, if a binding offer is accepted within the time limit, the contract shall be deemed to have been concluded on the terms and conditions of the offer.

(2) Orders for spare parts are, contrary to paragraph 1, deemed to have come about upon delivery of the goods.

(3) Partial deliveries are permissible.

(4) The supplier is generally not liable for errors resulting from the documents (e.g. drawings) submitted by the purchaser, from unclear or verbal information.

 

§ 4 Prices

(1) 1 Prices are ex works, including loading at the factory, and are quoted in euros. 2 Packaging, freight and shipping costs are not included in the price. 3 The purchaser bears the freight and shipping costs.

(2) At the request of the purchaser, the dispatch will be insured by the supplier at his expense against theft, breakage, transport, fire, water and accidental damage as well as other insurable risks.

(3) Value added tax at the respective statutory rate shall be added to the prices.

(4) In the event of any significant increase in material or labour costs occurring between the conclusion of the contract and the fulfilment of the order, the contracting parties shall be entitled to demand negotiations on the adjustment of the price.

 

§ 5 Payment and default of payment

The following payment conditions apply:

(1) The price is to be paid by bank transfer after receipt of the invoice without any deduction free paying agent of the supplier.

(2) 1 In case of default of payment, the supplier is entitled to withhold delivery (§§ 273, 320 BGB). 2 The retention of payments or the offsetting due to any counterclaims of the customer disputed by the supplier shall only be available to the customer if the counterclaims have been legally established. 3 Any right of retention can only be exercised to the extent that the counterclaim results from this same contractual relationship.

(3) 1 If the payment deadline mentioned in paragraph 1 is exceeded by more than fourteen calendar days in each case, the supplier is entitled - even without a previous fruitless reminder - to demand interest on arrears in the amount of nine percentage points above the respective base interest rate of the Deutsche Bundesbank. 2 For each reminder, reminder expenses in the amount of 40 € will be claimed, which the customer must pay in addition to
has to bear the costs, § 288 paragraph 5 BGB.

(4) The supplier shall be entitled, after the fruitless expiry of a reasonable period of grace set by him, to terminate the contract, to cease work, to invoice all services rendered to date and to claim damages.

 

§ 6 Delivery period

(1) The delivery period begins with the dispatch of the order confirmation, but not before the customer has provided the documents, permits, releases to be obtained by him and not before receipt of an agreed down payment.

(2) 1 The delivery period shall be deemed to have been observed if the delivery item has left the factory or the purchaser has been notified of readiness for dispatch by the end of the period. 2 A delivery item is deemed ready for dispatch upon receipt of the invoice by the purchaser.

(3) 1 Compliance with the delivery period shall not affect the performance of the contract.