General Terms and Condition of Sale and Delivery
1. Contractual scope
The general terms and conditions of iKTZ – innovative Klebtechnik Zimmermann shall apply to all offers, orders, contracts of sale, contracts for services and deliveries, unless otherwise is explicitly agreed. Deviant terms are only obligatory if they have been fixed and accepted in written form.
2. Offer and contract conclusion
Orders only become legally binding when a written confirmation is existent. This confirmation defines the content of the contractual relationship and the scope of delivery. When changing existing orders iKTZ must/ has to confirm in a written form
When listing external devices or external parts in offers and orders they must not be delivered.
Property rights, intellectual property rights and copy rights over samples, estimate of costs, drawings and designs, suggestions for organisation and solution and any other information of that kind are reserved by iKTZ. They may not be made available to a third person without permission of iKTZ. They have to be returned to iKTZ on demand if the contract is not awarded
3. Prices and Terms of Payment
Unless otherwise agreed, the prices are in € excluding the current VAT, which has to be added.
Our prices are quoted net ex warehouse Jena, they do not include value-added tax, packaging and transport, custom duties and insurance.
The prices are valid only for the current order, neither backdated nor for future orders.
Bills of iKTZ have to be paid within 14 days from date of invoice without discount.
Retention of payments or the summation and subtraction of claims from the customer is not allowed except it is stipulated by iKTZ.
If payment is delayed, iKTZ may impose default charges in the amount of the charges customary in banking, but at least 4% over the bank rate of the German Central Bank relating to the amount invoiced.
For major orders iKTZ may require advance payment or collaterals.
4. Type of Dispatch
Unless there are no special arrangements items are sent in the way that is most favorable to iKTZ, but without warranty for the safest, cheapest and fastest transport
5. Transfer of risk
Risk is always transferred to the customer when Sendung leaves iKTZ or the building of a subcontractor (even in the case of part delivery).
When shipment is delayed because of circumstances beyond intention of iKTZ risk is transferred to the customer at the day of readiness for dispatch.
6. Delivery time
The delivery time is kept if point 5b) occurs. With date of the sales confirmation from iKTZ delivery time starts, when the technical execution is completely defined
With delay of necessary documents and data of the customer and with Nichteinhaltung of other obligations of the customer delivery time is extended appropriately.
IKTZ may execute and bill part deliveries
If unforeseen circumstances beyond intention of iKTZ prohibit keeping the delivery time deadline is extended appropriately. This affects particularly measures like strikes, lock out and absence of subcontractors service beyond intention of the subcontractor. If such circumstances prohibit the service of iKTZ it is freed of his duties and responsibilities and all duties and responsibilities referring to them. When circumstances, that are beyond intention of iKTZ, occur during an existing delay iKTZ is not responsible for them. If therefor the delivery time of iKTZ is extending no claims because of delay or damages for non-performance can arise.
The delivery times stated are always without obligation if not stipulated elsewhere.
7. Claims for damages and Liability
If iKTZ is not able to deliver or only with delay (see also 6.1. - 6.5.) all claims are excluded expect iKTZ caused it intentionally or wantonly negligent.
The assert of customers rights to iKTZ are explicitly excluded expect they are explicitly expressed in the contract between customer and iKTZ or in the preceding and following points/ clauses no matter what legal reasons are given.
If products sent by iKTZ are defect/ imperfect, this has to be announced in time within 8 days of receipt. When the demands are justified iKTZ may choose either to repair it free of charge or to exchange the damaged product quickest possible (with correct/ proper one). The customer has always to assure a reasonable time and opportunity.
iKTZ assumes no liability for damages caused verifiably by proven subcontractors.
The customer is authorised to reduce the purchasing price or to cancel the contract if rectification of defects or compensation delivery fail. All other claims of the customer are excluded except warranted characteristics are missing or deficiencies are fraudulently concealed.
8. Retention of Title
Delivered goods shall remain the property of iKTZ until each and every claim from the respective contract with the client has been paid.
9. Liability of the Contract
If the conditions of the customer disagree with the conditions of iKTZ they are not binding for iKTZ even if iKTZ does not contradict explicitly in a written form.
The contract remains binding even if several articles of agreement are invalid.
Supplements to an agreement shall be legally binding unless confirmed in writing by iKTZ.
10. Place of jurisdiction
The Court of jurisdiction shall be Jena.