Allgemeine Geschäftsbedingungen

1) General terms and conditions

1.1

All deliveries and services are subject to these terms and conditions as well as any separate contractual agreements. Deviating terms and conditions of purchase of the customer shall not become part of the contract even if the order is accepted. In the absence of a special agreement, a contract is concluded with the written order confirmation from QuinTech e.K.

1.2

QuinTech e.K. reserves property rights to samples, moults, cost estimates, technical drawings and similar information, including in electronic form. These may not be made accessible to third parties or reproduced. QuinTech e.K. undertakes to make information and documents designated as confidential by the customer accessible to third parties only with the customer’s consent. The purchaser may not manufacture the contractual goods or have them manufactured without QuinTech e.K.’s consent. If the purchaser provides QuinTech e.K. with drawings, models, samples or similar, the purchaser assumes liability for this, that no rights of third parties are infringed, or indemnifies QuinTech e.K. against claims by third parties.

1.3

QuinTech e.K.’s offers are subject to change. We reserve the right to make technical improvements to our products. Important details for contract processing can be stored in our data processing system. The place of performance is the registered office of QuinTech

2) Terms of payment

2.1

Unless otherwise agreed, prices are ex works excluding packaging and freight costs.

2.2

In the absence of a special agreement, payment shall be made without any deduction within 10 days of dispatch of the goods.

2.3

The repayment of payments or offsetting due to any counterclaims of the customer disputed by QuinTech e.K. are not permitted.

3) Delivery times, delays in delivery

3.1

The delivery time results from the agreements of the contractual parties. Compliance with this by QuinTech e.K. presupposes that all commercial and technical questions between the contractual parties have been clarified and that the purchaser has fulfilled all obligations incumbent upon him, such as the provision of the necessary official certificates or approvals or the payment of a deposit. If this is not the case, the delivery time shall be extended accordingly. This does not apply if QuinTech e.K. is responsible for the delay.

3.2

Compliance with the delivery period is subject to correct and timely delivery to QuinTech e.K.. QuinTech e.K. will inform you as soon as possible of any delays that become apparent.

3.3

The delivery deadline is met if the delivery item has left the QuinTech e.K. factory by the expiry date or readiness for dispatch has been notified. If acceptance is to take place, the acceptance date is decisive, alternatively the notification of readiness for acceptance.

3.4

If dispatch or acceptance of the delivery item is delayed for reasons for which the customer is responsible, the customer shall be charged the costs incurred as a result of the delay, starting 1 month after notification of readiness for dispatch or acceptance.

3.5

If non-compliance with the delivery time is due to force majeure, labour disputes or other events beyond the control of QuinTech e.K., the delivery time will be extended accordingly. QuinTech e.K. will inform the customer of the beginning and end of such circumstances as soon as possible.

3.6

The purchaser can withdraw from the contract without setting a deadline if the entire performance becomes definitively impossible for QuinTech e.K. before the transfer of risk. In addition, the customer can withdraw from the contract if the execution of a part of the delivery becomes impossible and he has a justified interest in refusing the partial delivery. If this is not the case, the customer must pay the contract price for the partial delivery. The same applies if QuinTech e.K. is unable to deliver. Otherwise, section 7.2 applies. If the impossibility or inability occurs during the delay in acceptance or if the purchaser is solely or predominantly responsible for these circumstances, he remains obliged to counter-performance.

4) Transfer of risk, acceptance

4.1

The transfer of risk to the customer takes place when the delivery item has left the factory, even if partial deliveries are made or QuinTech e.K. has assumed other services, e.g. shipping costs or delivery and installation. If acceptance is required, this is decisive for the transfer of risk. It must be carried out immediately on the acceptance date, alternatively after notification by QuinTech e.K. that the goods are ready for acceptance. The customer may not refuse acceptance in the event of a minor defect.

4.2

If dispatch or acceptance is delayed or does not take place as a result of circumstances that are not attributable to QuinTech e.K., the risk is transferred to the customer from the day of notification of readiness for dispatch or acceptance.

4.3

Partial deliveries are permissible insofar as this is reasonable for the customer.

5) Retention of title

5.1

QuinTech e.K. retains ownership of the delivery item until all payments from the delivery contract have been received. This applies in particular to cases of resale or further processing.

5.2

The customer may not sell, pledge, or assign the delivery item as security. QuinTech e.K. must be informed immediately in the event of seizure, confiscation, or other dispositions by third parties.

5.3

In the event of breach of contract by the purchaser, in particular default of payment, QuinTech e.K. is entitled to take back the delivery item after issuing a reminder and the purchaser is obliged to surrender it.

5.4

The application for the opening of insolvency proceedings against the assets of the purchaser entitles QuinTech e.K. to withdraw from the contract and to demand the immediate return of the delivery item.

6) Claims for defects

QuinTech e.K. provides a warranty for material defects in the delivery to the exclusion of further claims – subject to Section 7 – as follows:

Material defects

6.1

Those parts which prove to be defective as a result of a circumstance prior to the transfer of risk are to be repaired or replaced free of defects at the discretion of QuinTech e.K. free of charge. The discovery of such defects must be reported to QuinTech e.K. immediately in writing. Replaced parts become the property of QuinTech e.K.

6.2

After consultation with QuinTech e.K., the purchaser must give QuinTech e.K. the necessary time and opportunity to carry out all repairs and replacement deliveries that QuinTech e.K. deems necessary; otherwise QuinTech e.K. is released from liability for the resulting consequences. Only in urgent cases of danger to operational safety or to prevent disproportionately large damage, in which case QuinTech e.K. must be informed immediately, does the purchaser have the right to rectify the defect himself or have it rectified by a third party and to demand compensation from QuinTech e.K. for the necessary expenses.

6.3

QuinTech e.K. will bear the direct costs arising from the rectification or replacement delivery – insofar as the complaint proves to be justified – the costs of the replacement part including shipping. It shall also bear the costs of removal and installation.

6.4

The purchaser has the right to withdraw from the contract within the framework of the statutory provisions if QuinTech e.K. – taking into account the statutory exceptions – allows a reasonable deadline set for it for the rectification or replacement delivery due to a material defect to expire fruitlessly. If there is only an insignificant defect, the customer is only entitled to a reduction of the contract price. The right to reduce the contract price is otherwise excluded. Further claims shall be determined in accordance with Section 7 of these terms and conditions.

6.5

No warranty shall be assumed in the following cases in particular:

Improper use, faulty assembly or commissioning by the customer or third parties, faulty or negligent handling, improper maintenance, unsuitable operating materials.

6.6

If the purchaser or a third party carries out improper repairs, QuinTech e.K. is not liable for the resulting consequences. The same applies to changes made to the delivery item without QuinTech e.K.’s prior consent.

7) Liability

7.1

If the delivery item cannot be used by the customer in accordance with the contract due to the fault of QuinTech e.K. as a result of omitted or faulty suggestions and advice given before or after conclusion of the contract or due to the breach of other contractual secondary obligations – in particular instructions for operation and maintenance of the delivery item – the provisions of sections 6. and 7.2 apply accordingly to the exclusion of further claims by the customer.

7.2

QuinTech e.K. is liable for damage that has not occurred to the delivery item itself – on whatever legal grounds

– only in the case of intent,

– gross negligence on the part of the owner

– in the event of culpable injury to life, limb or health

– in the case of defects that were fraudulently concealed or whose absence was guaranteed

– in the event of defects in the delivery item, insofar as liability exists under the Product Liability Act for personal injury or property damage to privately used items

8) Limitation period

All claims of the customer – on whatever legal grounds – shall lapse after 12 months. The statutory periods shall apply to claims for damages pursuant to 7.2. They shall also apply to defects in a building or to delivery items that have been used for a building in accordance with their normal use and have caused its defectiveness.

9) Applicable law, place of jurisdiction

9.1

All legal relationships between QuinTech e.K. and the customer are governed exclusively by the law of the Federal Republic of Germany applicable to legal relationships between domestic parties.

9.2

The place of jurisdiction is the court responsible for the registered office of QuinTech e.K.