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VIC is green technology for refrigeration, air conditioning and heating systems

General sales and delivery conditions

 

1. General

For all transactions the following conditions, which are legally binding upon acceptance of the order. General terms and conditions of purchase are not part of the contract, even if they were sent to us and we have not expressly objected to them, unless they are in each case expressly acknowledged in writing by us as binding.

 

2. Prices

Our prices are for delivery ex works, excluding packing, plus VAT, unless otherwise agreed. For deliveries to more than 3 months will be executed after receipt of order, we reserve the right price increases prior to the extent that such cost increases, including those occurring from exchange rate changes.

 

3. Terms of payment

All payments by the due date are to be made in German currency. The invoice amount is due and payable within 14 days from invoice date with 2% discount or within 30 days full. The discount does not apply if the Purchaser is compared with the performance of obligations under other contracts in default. In the event of default we are entitled to interest at a rate of 7% above the rate of the German Federal Bank. In addition, all our claims in case of delay due immediately. A set-off or lien for alleged counter-claims of any kind is excluded, unless they have been judicially determined or approved by us in writing.

 

4. Retention of title

Our deliveries are made under proprietary rights. We reserve the ownership of the delivered goods until full payment of the purchase price. For goods, which the buyer in the course of its business from us, we reserve the property until all claims are settled against the buyer of the business relationship, including future claims, from simultaneous or subsequent contracts. This is true even if some or all of our claims in a current account and the balance has been recorded and acknowledged. In breach of important contractual obligations, especially payment arrears, we are entitled to take back the goods after the reminder, and the buyer is obliged to surrender. In the withdrawal, and the seizure of goods by us is, unless the Hire Purchase Act is applicable, a cancellation of the contract only present when we explain this in writing. Seizure or other interference by third parties, the buyer must inform us in writing by sending a record of attachment, and an affidavit as to the identity of the seized item. The buyer is entitled to the goods in the ordinary course of business, provided that the claims from the resale of the following are transferred to us: The buyer shall already now all claims with all ancillary rights to him from the resale to the purchaser or third adulthood, and this irrespective of whether the reserved goods are resold without or after processing, from. In order to include this requirement, the buyer is entitled to the assignment. Our authority to collect the receivables ourselves remains unaffected, but we undertake not to collect the debt as long as the buyer's payment obligations. We may require that the buyer is known to us the assigned claims and their debtors, provide all information necessary for collection, surrender the relevant documents and notify the debtor of the assignment. If goods with other goods not belonging to the seller resold, then our claim against the customer in the amount of transferred between us and the buyer agreed delivery price. Loading and processing of the goods made for us as manufacturers within the meaning of 950 BGB without committing ourselves. The processed goods are considered as reserved goods under these conditions. If the reserved goods with other goods not belonging to us are processed or inseparably mixed, we acquire joint ownership of the new item in the invoice value of goods used at the time of processing or mixing. The resulting co-ownership counts as Reserved Property within the meaning of these terms. If our goods with other tangible personal property into a single combined or inseparably mixed, and the other thing is regarded as the main cause, it is agreed that the buyer shall transfer proportional joint ownership to the extent that the main item. The object created by the processing and joining, as well as mixing things in other respects the same as for the conditional goods.
If the invoice value of the existing security for the seller the entire claims including ancillary claims (eg, interest, costs) by more than 20 %, then the seller to the buyer's request or affected by the excessive protection of third party vendor, to release securities of the Seller's obligation.

 

5. Delivery period, delay, inability to deliver

Wants our delivery times are to be regarded as approximate.
If specific delivery times and dates frees the buyer to withdraw from the contract or demand damages for non-compliance, from setting a reasonable grace period to pay the benefits and the statement that he refuse performance after the deadline will. This does not apply if we have a deadline or appointment known to the power expressly and in writing.
Partial deliveries are permitted within reason.
The delivery shall be extended, even within a delay, appropriate higher at admission violence and all unforeseen obstacles occurring after the contract, we are not responsible if such obstacles are shown on the delivery of the sold object of considerable influence. This also applies if these circumstances occur at our suppliers and their subcontractors. Beginning and end of such obstacles, we divide the Buyer as soon as possible. This may require us to declare whether we withdraw or deliver within a reasonable period. If we do not delay, the buyer can withdraw.
Extend the deadlines by the period in which the buyer with its contractual obligations within an ongoing business relationship for other contracts in default. Delay and failure (impossibility) to give us the opportunity to represent not as long as we meet, our subcontractors and suppliers no fault. Otherwise we are liable under the law.
Have we afford to then damages shall be limited to the buyer is entitled claim for damages if the contract related to a business carried on by the buyer on the date of the contract foreseeable harm, but not exceeding 5 % of the value of that part of the overall delivery which can be used in time or even according to the contract due to the delay or non-delivery. This restriction does not apply where we are liable in cases of willful intent or gross negligence.
Through the fault of a subcontractor for delay or failure (inability) give us the opportunity to stand up under any circumstances. The buyer's right to withdraw after the fruitless expiry of a grace period remains unaffected.

 

6. Defects and warranty

Complaints must be within 2 days after delivery, received in writing by us. Defects, which occur only within the warranty period are immediately notified in writing not later than three days after having knowledge or possible knowledge with us. For legitimate complaints, the buyer, to correct deficiencies, to grant us the reasonable period of time and opportunity, especially the object or pattern to make it available, otherwise not installed properly only in emergencies. cases of danger to operational safety, of which we are informed immediately, or if we are with the removal of the defect is in default, the buyer has the right to rectify the defect himself or have it remedied by third parties and require us fair compensation for its costs . Of the costs incurred by the repair or replacement costs, we take immediate, if the complaint is justified, the cost of the replacement item, including shipping. The warranty period is three months for repairs, replacements and compensation for six months. It runs at least until the expiration of the original warranty period for the delivered state only as long and as far as we ourselves relevant warranty claims have against the supplier, For through is about the buyer or third party improperly changes made to and repair work liability for any consequences thereof repealed. Unless the buyer's contractual, obligations to us - has not met from other stores, particularly its payment obligations have not been met, we are under no obligation to correct defects We assume no responsibility for defects or damages resulting from. subsequent following reasons:

  • Unsuitable or improper use of container and Appa-rate,
  • faulty assembly or commissioning by purchaser or third parties,
  • natural wear and tear,
  • faulty or subsequent treatment,
  • unsuitable equipment,
  • Replacement materials,
  • lack of work,
  • unsuitable soil,
  • chemical or electrical influences, unless they are on our understanding of the debts are due,
  • misrepresentation of the buyer or his aides about the operational and technical conditions and the chemical-physical conditions for the use of the delivered goods.

The buyer shall inspect the received goods immediately upon receipt for quantity, quality and guaranteed properties. Obvious defects must complain within a week, by written notice to the seller. In case of justified complaints, at our discretion, repair or replacement of defective goo

 

7. Execution

The execution is carried out as described in the order confirmation. When a drawing is unclear to request that the customer is sent for signature, weights and measurements are to be considered only approximate unless they are not as binding. To manufacturing-tolerance in arrears during welding reserved, with the signature is recognized in the design and construction details and all declared properly.

 

8. Shipping

This is done on behalf and for account and risk of the recipient. Without specific provision of the dispatch is always at our discretion. A responsibility for the cheapest transport is not taken over. Transport insurance is not included.

 

9. Risk and Receiving

Reported ready for dispatch must be called immediately. Otherwise, we are entitled to dispatch the goods at our discretion at the expense and risk of the client or store them at its own cost and risk.
We are entitled to partial deliveries, unless the contract for our partners is not unreasonable. When shipped from the factory with the risk of handing over the goods to a freight forwarder or carrier, at the latest on our contract partners (customers), if the product has left our factory. This applies even when a delivery "free domicile" or "free house" packaging, shipping and transport are - left to our choice - unless a special written agreement is agreed upon. The costs shall be borne by our contractual partners listeners.

 

10. Scope of Delivery

The scope of delivery of the present order confirmation is decisive, the cost for design work can be calculated from the supplying factory without prior agree-ment, but they will be credited with Auftragser distribution. Promised
When only those properties that are valid in contract expressly stated as promised or even after the contract is unambiguously identifiable as such. The Supplier of its subcontractors made ​​reservations on the delivery, delivery time and price of raw materials, intermediate goods and parts that are not manufactured in our factory are also valid for the purchaser to be binding. The selection of suppliers or subcontractors at the discretion of the drivers in a contracting entities.

 

11. Inspection and testing

If the supplied containers and vessels, a decrease has been agreed, this is the delivery mechanism. The goods shall be dispatched with in all respects according to the contract provided, if the buyer accepted the goods are completed or the agreed acceptance is not timely and fully carry out. Defects found must be given in writing for the record. The warranty extends to 6 months.
The dimensions given are approximate and, unless it is expressly advised of the functional dimensions to it. Since the edges, it turns out, whether the plates are thicker or thinner than be or-dered, as well as softer or harder to reckon with positive tolerance. In the random dimensions that should be followed absolutely, is to request a sample before production release.

 

12. Material

The choice of material number for chromium-nickel steels is done in good faith, however, a guarantee of chemical resistance is not taken, since the stainless steels are subject to pitting and crevice corrosion is to ask if in doubt a stability analysis, indicating the chemical stress.
connection of appliances or equipment and containers made of stainless steel with non-ferrous metal fittings em like Copper, brass, subject to appropriate fill fluid in a galvanic cell, which causes a destruction at an early-term. Complaints are only into account when writing to us immediately or latest within 8 days of receipt of goods from this knowledge is given. When delivery is demonstrably incorrect for a reasonable delivery charge Tet-replacement rut. Other costs, such as for example for installation and removal of damaged parts, we do not over-take. The performance of damages is excluded. In this context, we particularly draw attention to here-existing recommendations for the care and maintenance of stainless steel tanks and steel parts:
Stainless steels are not resistant to all chemical influences. For this reason, the operation occurring chemical and other factors should be considered carefully and taken into account when selecting the material quality in the purchase. Stainless steels require a regular and appropriate care and maintenance because it primarily to chlorite solutions, eg Saline solutions, chlorite-cooling brine, as well as sulfur or sulfur-containing solutions are sensitive. Often contain detergents and disinfectants aggressive chlorine compounds, and we recommend that you use only approved cleaning agents carrying the DLG quality sign, or with the chemical cleaning to abide scrupulously by the rules of the detergent manufacturers and equipment manufacturers.

 

13. Correction

Spelling errors, miscalculations, etc. (obvious errors) can be corrected by us.

 

14. Repairs

If desired, before executing the repairs, the submission of a quotation-beat, this should be stated explicitly. The cost if the repair is not given in order to be compensated. Whether a repair on their own or others' workshop takes place, at our discretion.

 

15. Foreign buyer

For contracts with foreign customers is governed by German law.

 

16. Additional agreements

Only written agreements are binding confirmed. The contract shall remain in effect even if individual points of its conditions. Above-listed conditions should be considered as part of our offers and order confirmations and are for our supplies (including deliveries) exclusively authoritative, if any deviations which are not expressly confirmed by us in writing.

 

17. Performance, Jurisdiction, Applicable Law

Performance and exclusive jurisdiction for deliveries and payments (including checks and bills) and all the parties dispute arising is, if the buyer is a merchant, legal person under public law or special public assets, the headquarters of the seller.
the relationship between the parties is governed exclusively by the laws of the Federal Republic of Germany under exclusion of the Hague sales Convention.