Standard Terms and Conditions (Consumers) of the company Rewitec (status as of September 2010)

Section 1 General – Scope

  1. The following Standard Terms and Conditions shall apply to any current and future business relationships with consumers.
  2. Consumers in the meaning of these Standard Terms are natural persons with whom a business relationship is initiated without them pursuing any trade, craft or self-employed business activity.
  3. Our deliveries, services and offers are solely made and rendered on the basis of these Standard Terms and Conditions. They are integral part of any agreement which we close with our customers – hereinafter referred to as “customers” or “buyers” – on any of the goods offered by us.

Section 2 Offers and Closing of Agreements

  1. Any offers and prices stated in brochures, advertisements, commercials and other advertising material are subject to change and are not binding.
  2. Any customer shall be bound by any order signed by him for a period of 14 calendar days starting from date of dispatch, which has not been accepted by us yet. We shall be entitled to accept such offer within this period of time. The date on which our acceptance is received by the customer is authoritative for keeping this deadline. Delivery of goods ordered shall be considered as acceptance, too.

Section 3 Prices and Payment

  1. Any prices are including statutory VAT.
  2. If not expressly agreed otherwise in writing, our prices shall apply for collection from our warehouse, including packaging.
  3. Any payments may only be made in our business facilities or by transfer into one of the bank accounts quoted to you. Our technical staff, drivers and field service staff are not entitled to accept any outstanding payments.
  4. Cheques shall only be accepted as conditional payment.
  5. Any buyer shall only be entitled to set-off his own claims against ours if such counter-claims are undisputed or have been found final and absolute. The buyer shall also be entitled to retention because of counter-claims arising from the same contractual relationship.

Section 4 Delivery and Delivery Date

  1. If no fixed deadline or date was agreed in writing, our deliveries and services are to be made and rendered as soon as possible, however within a period of two weeks at the latest.
  2. Should we be unable to keep an agreed deadline, the buyer shall grant an appropriate additional period of time of a minimum of two weeks.

Section 5 Shipment

  1. Any delivery of goods is made from our warehouse. We only ship goods if such was expressly agreed in writing in every individual case.
  2. Any shipment costs are to be borne by the buyer; they shall include costs of transport insurance arranged for by us.

Section 6 Warranty and Liability

  1. In case of defects of goods delivered, the buyer shall be entitled to the statutory rights.
  2. Any buyer’s claims for damages because of obvious defects of goods delivered shall be excluded if the buyer did not inform us of such defects within two weeks time after receipt of goods.
  3. Our liability for damages for whatever legal cause (in particular delay, defect or other violation of obligations) shall be limited to contract-typical predictable damage.
  4. These above mentioned limitations of liability shall not apply to our liability because of wilful misconduct or gross negligence, or characteristic features warranted by us, or because of damage to life, body or health, or violation of product liability laws.

Section 7 Reservation of Ownership

  1. We reserve the right of ownership of the goods delivered until full payment of the purchase price for these goods. During an existing reservation of ownership the buyer must not sell or in any other way dispose of the ownership of these goods (hereinafter referred to as “reserved goods”).
  2. In case of acting of third parties – in particular bailiffs – with respect to reserved goods, the buyer shall inform such third party of our property rights, and he shall immediately inform us in order to enable us to enforce our property rights.
  3. In case of violations of agreements by the buyer, in particular delayed payments, we shall be entitled to claim surrender of the reserved goods if we chose to withdraw from the agreement.

Section 8 Other Provisions

  1. Should one or more than one provision be, partly or wholly, invalid or ineffective, the validity of the remaining provisions shall not be affected. Such ineffective clause shall be replaced retroactively by a provision of similar content which comes as close as possible to the purpose of the original provision.

Note:

The contractor acknowledges that Rewitec may store data from the contractual relationship pursuant to section 28 Federal Data Protection Act for the purpose of data processing, and Rewitec reserves the right to transmit such data to third parties (e. g. insurance companies) if necessary for a fulfilment of contract.