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 Institute for Print and Media Technology at Chemnitz University of Technology [pmTUC]

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General terms and conditions – e-PINC GmbH

§1 Preface
All accomplishments and deliveries as well as the advice from a salesperson occur based on these General terms and conditions. Customers’ regulations to the contrary or regulations that differ from our terms and conditions do not apply, even we didn’t disagree severally. With sending the order form these terms and conditions apply at the latest. All offers from a salesperson are without engagement. The specifications in the matter of delivery or achievement as well as the description of these two are just roughly proper. This information does not provide any legal warranties, but descriptions about achievement and delivery.

§2 Conclusion of the contract

The act of sale materializes within sending the order form and the confirmation of this order (sending a confirmation of order). The buyers’ signatory is e-PINC GmbH, Altchemnitzer Str. 27, 09120 Chemnitz. After sending the order form the buyer achieves a confirmation of incoming orders containing all facts, the applying terms and conditions and additional information about delivery period and shipping to the provided email address.

§3 Shipment, delivery period

All dates of delivery just apply approximately. They refer to the moment of sending and adhere to indication for readiness for shipment. Dates of deliveries can extend without limiting any rights of the seller out of delay about the time the seller defaults towards the buyer. Part deliveries are acceptable.
In cases of force majeure and any other disturbing incidents (e.g. every kind of disturbance, deferral in transport, stoppages, lawful lockouts, governmental actions, difficulties in material or energy procurement, adverse weather conditions as well as non-supply, wrong supply or not in time by the sellers’ distributor), which were not predictable at the time of conclusion of the contract and are not the seller’s fault but hamper the shipment or achievement basically or eliminate it, qualify the seller to withdrawal if the challenge is permanent. Within temporary challenges the delivery dates eke or delay about the period of challenge plus an appropriate amount of time to get started again.
If you cannot expect the buyer to accept the delivery or the achievement in succession of the deferral, the buyer is allowed to withdraw from the contract within a directly affidavit. Claims for damages are excluded in such cases.

§4 Consignment and transfer of perils

The peril merges with transfer of the ware but at latest with leaving the company or the sellers’ encampment to the buyer. If there is a delay in consignment for reasons which are not in the seller’s responsibility, the transfer of perils occurs with notification of readiness for shipment. Storage after transfer of perils has to be paid by the buyer.
Reshipment from ware and empty happens on account and peril of the buyer.
Damages in transit do not give the buyer an accreditation of rejection or refusal of payment.
Consignment and packing underlies the seller’s discretion. Consignment is uncovered.

§5 Costs and conditions of payment

If there is no difference in the confirmation of order, the costs are valid “from Chemnitz”; this does not contain the costs for packing and transport. The costs are net costs. The purchase tax will be calculated separately in each case of lawful amount and at the time of delivery. All taxes, charges, tolls or other dues which form and are charged beyond Germany, have to be paid by the buyer.
If there is no difference in the confirmation of order, the pre-tax payment is callable within 30 days from accounting due net. The compulsory rules about outcome in delay of payment do apply. Payment receipt is the day the seller decrees about the amount of money.
Aloofness of payments or charging about buyers’ counterclaims is just acceptable, if the counterclaims are undisputed or legal detected.
If there occur circumstances to the seller after conclusion of the contract, impartial if they already existed at the conclusion of the contract, which are able to alleviate the buyers’ creditworthiness, especially if the buyer defaults with the payment, the seller is qualified to accomplish outstanding deliveries from this or other sections just in return to advance or bail.
If the buyer is not willing to agree the sellers calling to advance or bail, the seller is allowed to withdraw from the contract after adequate respite and ask for compensation for non-performance.

§6 Title retention
The seller reserves the title on all ware that was delivered by him (retained goods) as long as the buyer effaced all, also future developing binding forces from the business relationship with the seller.

a) The buyer hast the right to process the retained goods within normal routine as long as he is not in a default. Processing or transformation of the retained goods is possible for the buyer as manufacturer in terms of § 950 BGB (code of civil law) without any obligations for him. The processed or transformed goods are retained goods in terms of clause 1.

b) If the buyer processes or transforms the goods with other goods which are not in our possession, we are entitled to co-ownership of the new goods in the ratio of the invoice value of the goods to which title has been reserved to the amount of the invoice value of the other goods used and of the value of the processing or transformation.

c) The terms about retained goods apply to as per a) new created goods and as per b) developed co-ownership share.

§7 Defects liability

The goods delivered by the seller have to be inspected as soon as the delivery arrived at the buyer. The ware is deemed to be approved if there is no written notice of defects handed in to the seller within 8 days after ware arrival at the buyer.
The delivered ware’s texture or endurance is just guaranteed if and only if the guarantee was released expressly. Possibly application or processing notes made by the seller have to be seen as advices without any commitment.
It is on the buyers’ behalf to proof the eligibility of the delivered ware according to its usage and to set the terms of processing.
If there occurring any defects at the ware delivered, the seller is beholden after his choice of supplementary performance, viz. to cure the defect or to deliver ware free from defects. In case of failure in the supplementary performance, the buyer is allowed to either detract the purchase price or withdraw from the contract (according to his choice). The seller adheres for damages concerning defects or in conjunction with defects just about proportion of §8. Claims about the Product Liability Act and about personal injuries remain unaffected. The defects liability lasts one year.
§8 Liability to damages caused by default
The sellers and the vicarious liability – no matter which legal foundation, particularly also in tort - are debarred. This debarment does not apply as long as the seller acted premeditated or grossly negligent or it is a matter of breach of contract.
As far as the seller adheres on the merits after clause 1, the liability is debarred

a) relating to claims to default, so far compensation is claimed by collateral or secondary damages;
b) relating to non contract coherent, predictable damages;
c) relating to damages manageable by the buyer;
d) relating to damages which decuple the amount of the delivery’s remuneration and/or the sellers’ achievement.

As far as the causal risk for the loss incurred will usually be covered from the buyer in his branch, the liability of the seller is debarred even in a case of gross negligence.
The aforesaid disclaimers and limitations of liability apply of the same coverage in aid of both attorneys, other institutions, executives, non executive employees and miscellaneous servants from the seller. 

§9 Severability Clause
In the event that any individual provisions contained in these Terms & Conditions shall be deemed invalid or unenforceable or incomplete, this shall have no bearing upon the validity of the remaining provisions. Any invalid or unenforceable provisions shall be superseded by such legally valid or enforceable provision which most closely approximate to the economic objective which was pursued by such a legally invalid or unenforceable provision.

§10 Final provisions

Place of fulfillment is Chemnitz as long as nothing else is appointed. Jurisdiction is depending on the sellers’ choice Chemnitz or place of the buyer. Chemnitz is exclusive jurisdiction about claims against the seller.
The dependency between seller and buyer succumb the German law exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

by 04/09