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GTC / DATA PROTECTION

General terms and conditions of business of the KAMAsys GmbH

 

§ 1 Scope of application

(1) These sales conditions apply exclusively and only to companies, legal persons of public law or public special funds within the meaning of § 310 Paragraph 1 BGB. Terms and conditions of the customer differing from our terms of sale shall only be accepted if we expressly agree to the validity in writing.

(2) These conditions of sale shall also apply to all future transactions with the purchaser as far as legal transactions of a related nature are concerned.

 

§ 2 Offer and conclusion of contract

If an order can be viewed as an offer in accordance with § 145 BGB, we can accept it within two weeks.

 

§ 3 Provided documents

All documents provided to the customer in the context of order placement, such as, for example, calculations, drawings, etc., we reserve the right to property and copyrights. These documents may not be made accessible to third parties, unless we give the customer our express written consent. If we do not accept the offer of the purchaser within the time limit of § 2, these documents shall be returned to us without delay.

 

§ 4 Prices and payment

(1) Unless otherwise agreed in writing, our prices are ex works excluding packing and plus value-added tax. Packaging costs will be charged seperately.

(2) Payment of the purchase price shall be made exclusively on the account named overleaf. The deduction of cash discount is only permissible with a written special agreement.

(3) Unless otherwise agreed, the purchase price shall be paid within 10 days of delivery. Interest on arrears will be charged at 8% above the respective base rate p. a.. The assertion of a higher damage caused by default remains reserved.

(4) Unless a fixed price agreement has been reached, reasonable price changes shall remain due to changes in wage, material and distribution costs for deliveries made 3 months or later after conclusion of the contract.

 

§ 5 Offsetting and retention rights

The customer is only entitled to the set-off if his counterclaims are legally established or undisputed. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

 

§ 6 Delivery time

(1) The beginning of the delivery time stated by us shall presuppose the timely and proper fulfillment of the obligations of the customer. The exception of the unfulfilled contract remains reserved.

(2) If the purchaser is in default of acceptance or if he culpably violates other cooperation obligations, we are entitled to demand compensation for the damages incurred, including any extra charges. We reserve the right to make further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased goods will pass to the purchaser at the time when the customer has been in default of acceptance or debtor’s delay.

(3) In the case of a delay in delivery caused by us not intentionally or through gross negligence, we shall be liable for a delay of 3% of the delivery value, but not more than 15% of the delivery value.

(4) Further legal claims and rights of the customer due to a delay in delivery shall remain unaffected.

 

§ 7 Transfer of risk upon dispatch

If the goods are sent to the customer at the request of the customer, the risk of the accidental loss or the accidental deterioration of the goods shall pass to the purchaser upon dispatch to the customer, at the latest upon leaving the factory / warehouse. This applies irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs.

 

§ 8 Reservation of title

(1) We retain ownership of the goods delivered until full payment of all claims arising from the delivery contract. This also applies to all future deliveries, even if we do not always expressly refer to them. We are entitled to take back the purchase item if the customer behaves in breach of contract.

(2) The purchaser is obligated, as long as the property has not yet passed on to him, to handle the purchase item with care. In particular, he is obliged to adequately insure these at his own expense against theft, fire and water damage at his own expense. If maintenance and inspection work has to be carried out, the customer has to carry it out on time at his own expense. As long as the property has not yet passed, the customer has to notify us immediately in writing if the delivered item is seized or other interventions of third parties. If the third party is not able to reimburse us for judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.

(3) The purchaser is entitled to resell the reserved goods in normal business transactions. The purchaser assigns the claims of the purchaser from the resale of the reserved goods to us in the amount of the agreed final invoice amount (including VAT). This assignment applies irrespective of whether the purchased item has been resold without or after processing. The purchaser shall remain authorized to collect the receivable even after the assignment. Our power to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer complies with his payment obligations from the revenue collected, is not in arrears with payment and, in particular, no application for opening insolvency proceedings is filed or payment is settled.

(4) The processing and conversion of the purchased goods by the purchaser is always carried out by name and on behalf of us. In this case, the purchaser’s right to the contract is continued on the purchased item on the changed item. If the object of purchase is processed with other items not belonging to us, we acquire the co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of the processing. The same applies to the case of mixing. If the mixing takes place in such a way that the object of the purchaser is to be regarded as the main item, it is agreed that the purchaser transfers to us proportionate co-ownership and keeps the resulting sole proprietorship or co-ownership for us. In order to safeguard our claims against the customer, the purchaser also assigns to us those claims which arise from the combination of the reserved goods with a property against a third party; We accept this assignment already now.

(5) We undertake to release the securities to which we are entitled at the purchaser’s request insofar as their value exceeds the claims to be secured by more than 20%.

 

§ 9 Warranty and notification of defect as well as recourse / manufacturer regress

(1) The purchaser’s warranty rights presuppose that the customer has properly complied with his inspection and complaint obligations pursuant to § 377 HGB.

(2) Claims for defects shall become statute barred within 12 months after delivery of the goods delivered by us to our customer. The above provisions shall not apply insofar as the law stipulates longer deadlines in accordance with § 438 (1) No. 2 BGB (buildings and objects for buildings), § 479 Paragraph 1 BGB (recourse claim) and § 634a Paragraph 1 BGB (construction defects). Prior to returning the goods our permit is to be requested.

(3) Should, despite all applied care, the delivered goods have a defect which already existed at the time of the transfer of risk, we will, at our option, repair the goods, or provide replacement goods, subject to timely notice of defect. We shall always be given the opportunity to provide supplementary performance within a reasonable period. Retention claims remain unaffected by the above regulation without restriction.

(4) If the supplementary performance fails, the purchaser may – without prejudice to any claims for damages – withdraw from the contract or reduce the remuneration.

(5) Claims for defects do not exist in the event of a negligible deviation from the agreed upon nature, in case of insignificant impairment of usability, in natural wear and tear, as in the case of damage occurring after the passing of risk due to faulty or negligent treatment, excessive use, unsuitable working equipment, unsuitable construction work, unsuitable site or due to special external influences which are not presupposed under the contract. If improper repair work or modifications are carried out by the purchaser or third parties improperly, there are also no claims for defects and the resulting consequences.
(6) Claims by the customer due to the expenses necessary for the purpose of supplementary performance, in particular transportation, travel, work and material costs shall be excluded insofar as the expenses increase because the goods delivered by us are subsequently transferred to a location other than the branch office of the purchaser, unless the shipment corresponds to its intended use.

(7) The purchaser’s claims for recourse against us shall only exist insofar as the customer has not entered into any agreements with his customer beyond the legally compulsory claims for defects. In addition, Paragraph 6 shall apply to the scope of the customer’s recourse against the supplier.

 

§ 10 Other

(1) This agreement and the entire legal relations of the parties are subject to the law of the Federal Republic of Germany under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of fulfillment and exclusive court of jurisdiction and for all disputes arising from this contract shall be our place of business unless otherwise stated in the order confirmation.

(3) All agreements made between the parties for the purpose of the execution of this contract are set down in writing in this contract.

(4) Should individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions shall remain unaffected.

 

Notes on data security

Use and disclosure of personal data

The KAMAsys GmbH will collect, process and use your personal data exclusively within the framework of the applicable legal provisions.

 

Collection and processing of data
In order to offer you certain services, we collect your personal data, which you specify yourself in the following cases:
– subscriptions to newsletters

– Participation in company events

– sending of further information, contacting

Depending on the situation, the name, address, telephone number, fax number and e-mail address are collected and stored.

These personal data are used by KAMAsys GmbH exclusively within the framework of the relevant legal provisions and with your consent. If you have not explicitly agreed to further processing and use, KAMAsys GmbH processes and uses personal data only as far as and as long as this is legally permissible.

 

Consent

We will record your consent to data collection and storage. If necessary, we will let you know when and how you have given your consent.

We collect only the data we need to enable you to participate in a service. If you do not give your consent, we ask for your understanding that you cannot participate in the respective service.

If you would like to subscribe to our newsletter or have any further information, we will send you a separate note and request your consent.

 
Transfer of personal data

KAMAsys GmbH will only pass on your personal data to third parties if this is necessary for the purpose of contract processing and the customer has given his consent.

 

Right of revocation
Furthermore, you may at any time revoke your consent to the collection and storage of your personal data by KAMAsys GmbH. Please write to:

KAMAsys GmbH
Friedrichstr. 95
10117 Berlin

or send an e-Mail to info@kamasys.de.

Please understand that in the event of your revocation, we can no longer provide certain services, such as newsletters.