SRT, ihr kompetenter Partner für ERP / Schnittstellenlösungen

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Delivery and payment

1. General

1.1 The following conditions apply to all our offers, sales , deliveries and services and be part of the contract . They do not apply if the contracting party is a private individual and not professionally or commercially . They also apply to all future business relations, even if they are not expressly agreed again .

1.2 Any deviating or supplementary general terms and conditions of the buyer we hereby expressly oppose . They also do not apply if the buyer has placed them based on his order or written explanation.

2. Offers and Orders

2.1 Our offers are not binding , unless they are designated in writing to be binding. Therefore, a binding contract until we have confirmation of the order or the delivery of the goods .

2.2 Dimensions , weights, illustrations , drawings and other documents belonging to our non-binding offers , remain our property and are only approximate measure of print. Only if expressly confirmed in writing by us , they can become a binding contract.

3. Doubtful solvency

3.1 If we become aware after the conclusion of circumstances giving rise to doubts about the solvency of the buyer , we can make further deliveries on an advance payment of the goods depends by the buyer. We can set a reasonable time limit and withdraw from the contract if the advance payment is not on time we receive the buyer for the advance payment of the goods , and the buyer can take the prepayment provide security through bank guarantee. If we have already delivered the goods , the purchase price will be agreed payment deadlines regardless payable immediately without deduction.

3.2 doubts about the solvency of the buyer include justified if an application for commencement of insolvency proceedings on his property was taken or if he fails to make payments to us or any third party on time.

4. Prices

4.1 Our prices are ” ex works” unless otherwise agreed with the buyer. The packaging costs are not included in the price.

4.2 The VAT is not included in our prices and will be shown separately on the invoice at the law applicable on the date of the invoice amount .

4.3 If the period between the date of conclusion of the contract and the date of delivery more than 4 months without this is based on a fault for which we delay in delivery , and has changed in that time our current price list , so we can instead of the agreed purchase price the day require the delivery of the applicable list price . We will pass on to the buyer before delivery an appropriately modified order confirmation. The buyer in this case in respect of goods for which the price has been increased , rescind his order. He must explain the resignation in writing no later than 14 working day after receipt of the amended order confirmation :

x A submission by fax is sufficient.
x A submission by email is sufficient.

5. Delivery time

5.1 All quoted delivery times are approximate and refer deemed only approximate , unless they have been expressly designated by us as binding . In a non-binding delivery Delivery within 14 days is still valid according to the delivery time is definitely a good time.

5.2 If we can comply with an agreed upon period culpably or not advised for other reasons in default , the purchaser will have to be granted a reasonable grace period that begins 30 days. After expiry of this period, the buyer is entitled to withdraw from the contract.

5.3 us the performance due to force majeure or other exceptional circumstances and no fault is wholly or partly hampered temporarily impossible or significantly , then the agreed delivery period is extended by the duration of the hindrance . The same applies to a legal or set by the buyer time for payment of benefits , in particular for periods of grace in case of default .

5.4 Before the end of the extended pursuant to paragraph 3 delivery time or performance period, the Buyer shall not have the right to withdraw for damages. Takes the impediment longer than 4 weeks , both the buyer and we are entitled to withdraw unless the contract has not yet been carried out . If the buyer is contractually or legally (eg due to elimination of interest ) shall be entitled to withdraw without any grace period , this right remains unaffected.

5.5 In case of a possible delay in delivery , insofar as it is not based on intent or gross negligence , claims for damages are excluded of any kind .

6. Shipping

6.1 Shipping is at the buyer’s expense . The danger with the loading of the goods on him , even if free delivery is agreed upon and / or the shipping with our own vehicles takes place . We are not obliged to provide a transport insurance.

6.2 Unless expressly agreed otherwise in writing , we are entitled to make partial deliveries in reasonable quantities , which are calculated separately.

7. Payment

7.1 Our invoices are payable within 14 days of the invoice date without deduction .

7.2 The Buyer will also be without a reminder from us in default if he fails to pay the purchase price within 14 days after the due date and receipt of the invoice or an equivalent request for payment .

7.3 If the purchaser is in default of payment , be all payment obligations arising from the business relationship with us – even those that have been given for the change – due immediately. In this case, we are entitled to demand that the date in question on interest in an amount set . The proof of a higher damage will remain unaffected.

7.4 exchange are accepted as conditional payment only by prior arrangement and at discount capability without granting a cash discount . Also Scheck-/Wechselverfahren payments will only be accepted on account of performance . The purchase price will expire only after full redemption of the changes . Exchange and discount charges shall be invoiced separately and payable immediately without deduction .

7.5 The Buyer shall be entitled to offset, even if complaints or counterclaims are valid, only if the counterclaims have been legally established , were recognized by the seller or are undisputed. To exercise a lien, the buyer is only entitled if his counterclaim is based on the same contract.

8. Warranty / Liability

8.1 The Buyer shall inspect the goods received for completeness, damage , obvious defects , consistency and quality . Obvious defects must be notified in writing by the purchaser within 14 weeks from delivery of the contractual item to us.

8.2 We are not obligated to provide warranty if the buyer has an obvious defect not reprimanded time and in writing . If there is a represented by us is defect in the goods exists and was reprimanded by the buyer time and in writing , we are – under exclusion of the rights of the buyer from the contract or reduce the purchase price – for supplementary performance , unless that due to the statutory provision to refuse subsequent performance are justified. The buyer has to give us for each defect , a reasonable time limit .

8.3 The remedy can be done after the election , demand the removal of the defect or delivery of new goods . We are entitled to that chosen by the buyer type of remedy to be refused if it is connected only at disproportionate cost . During supplementary reduction of the purchase price or withdraw from the contract are excluded by the buyer. An amendment will be considered the second unsuccessful attempt . If the repair is not successful or if the seller refused the subsequent total , the buyer may demand or withdraw from the contract (reduction ) to either a reduction of the purchase price .

8.4 Claims for damages to the following conditions due to lack the buyer may only be asserted if the supplementary performance has failed or the fulfillment of us is denied. The Buyer’s right to assert further claims for damages to the following conditions remains unaffected.

8.5 For willful or grossly negligent breach of duty or for damages resulting from injury to life, body or health , we are liable according to the legal regulations. In addition, we are only liable if the injured contractual obligation is recognized is essential for the achievement of the contractual purpose , and only limited to the amount of the typically foreseeable damage.

8.6 The limitation of liability referred to in paragraph 5 shall apply mutatis mutandis for other than contractual claims for damages , in particular tort claims , except for claims under the Product Liability Act. Furthermore, it shall be for the benefit of our employees, workers , staff, representatives and vicarious agents.

8.7 If we did with respect to the goods or parts thereof, a quality and / or durability , we are also liable under this warranty . For damages based on the lack of guaranteed quality or durability , but not directly affect the goods , we are only liable if the risk of such damage is clearly covered by the quality and durability guarantee .

8.8 We are liable for damage caused by negligence where such negligence relates to the breach of contractual obligations , the fulfillment of the purpose of the contract is of particular importance ( cardinal obligations). However, we are only liable if the damages are typically associated with the contract and foreseeable . In simple negligent breaches of non- substantial secondary obligations we are not liable for the rest . The limitations of liability contained in 7 shall also apply if the liability of legal representatives , managerial employees and other agents of the Seller is affected.

8.9 Any further liability is excluded regardless of the legal nature of the asserted claim . As far as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, workers , staff, representatives and vicarious agents.

9. Retention of Title

9.1 We reserve title to the goods (reserved goods ) until all payments under the purchase contract . The goods supplied shall not pass to the ownership of the buyer, if he has fulfilled all his obligations arising from the business relationship, including ancillary claims , damages and honoring checks and bills of exchange . In the case of check exchange process of the retention of title shall not cease even with the check payment, but the payment of the bill in all its forms listed here .

9.2 The Buyer must notify us immediately in writing of any third parties, especially of Zwangsvollstreckungsmaß measures as well as other impairments of his property. The buyer has to compensate us for all damages and costs incurred to protect against access by third parties by a breach of this duty as well as measures .

9.3 If the buyer does not meet his payment obligations after despite a reminder from us , so we can demand the return of the still standing in his retention of title without time limit . The case transport costs incurred by the buyer. The seizure of the reserved goods by us shall always constitute a withdrawal from the contract. We are entitled to retentions of the goods to their utilization . The proceeds will be credited with our outstanding receivables .

10. Place of Performance

The place of performance for payments shall be Hanover, for our goods deliveries of dispatch.

11. Data processing

The buyer agrees that we process the received in connection with the business relationship data about the purchaser in compliance with the Federal Data Protection Act for the fulfillment of its own business purposes, in particular store or transmit to a credit protection organization , provided this is done in the context of the purpose of the contract , or for maintaining our legitimate interests is required, and no reason to believe that the legitimate interest of the buyer to the exclusion of the processing , in particular the submission , these data predominates.

12. Severability

Changes or additions to the contract or these terms and conditions shall be effective only in writing. If a provision of these General Terms and Conditions be invalid or unenforceable , this shall not affect the validity of the general terms of delivery and payment for the rest .

13. Place of Jurisdiction and Applicable Law

13.1 The contractual relationship between the buyer and us is only the law of the Federal Republic of Germany , even if the buyer has his place of residence or place of business abroad. The application of the Uniform Law on the International Sale of Goods and the Law on the conclusion of international contracts of sale of Goods shall be excluded.

13.2 The Buyer shall not be entitled to assign claims under the purchase agreement without the consent of the seller.

13.3 If the buyer is a merchant, legal entity under public law or a public law special fund , the place of jurisdiction for both parties – including bills of exchange and checks – the location of the seller . However, we are also entitled to sue the customer at his general place of jurisdiction .

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