Terms and conditions of the JETI Technische Instrumente GmbH

 

You can also download a pdf of the German terms & conditions .

The english version is for information purposes only. Only the german version is valid.
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1. General
1.1. Customers within the meaning of the terms and conditions are entrepreneurs. Entrepreneurs are natural or legal persons or partnerships with legal personality acting in the exercise of a commercial or independent professional activity.
1.2. The terms and conditions apply to all current and future business relationships with the same customer. Differing, conflicting or additional terms and conditions, even with knowledge, not part of the contract, unless their validity is expressly agreed in writing by JETI.
1.3.  If individual provisions of the contract should be wholly or partially invalid, the validity of the remaining provisions shall not be affected. The wholly or partly ineffective regulation can be replaced by a system of Jeti, the economic success of the invalid provision as closely as possible.
   
2. Conclusion
2.1. All offers from Jeti are subject to change. The written order confirmation is decisive for the Contract JETI content. Oral statements by representatives and employees, oral agreements and subsequent contract shall be effective only if confirmed by JETI writing. The lifting of the writing requirement must be in writing.
2.2 Technical data, specifications, drawings, weights, dimensions, descriptions, etc. in offers, price lists, data sheets and other printed materials are generally only approximations, unless a certain condition is expressly agreed.
2.3 For all estimates, drawings and other documents remain JETI the ownership and copyright. You may not be made accessible to third parties.
2.4 The contract will be subject to the proper and timely delivery by suppliers of Jeti, if the delivery is not the fault of Jeti, especially in a congruent hedging transaction with the supplier by JETI. The customer is informed of the unavailability of the service.
2.5 Jeti may withdraw from a bid or withdraw from the contract if the customer is in arrears with the payment if a credit standing is unsatisfactory or if other hazards exist for the due performance by the customer.
   
3 Price and payment terms
3.1   The prices of JETI are ex place of delivery without the valid sales tax. Launch customer is solely a supply in advance, unless otherwise agreed. The payment period is 30 days strictly net.
3.2  If you exceed the agreed payment, the customer is required to pay customary bank interest rates.
3.3 Before payment of due invoice amounts including interest Jeti is required to make any further delivery under any contract. 
3.4 The set-off by the customer is excluded unless there are legally established or recognized by JETI claims. 
3.5 Customer may only exercise if his counterclaim is based on the same contract.
   
4. Delivery arrangements
4.1 Delivery is ex works according to Incoterms 2000.
4.2 Delivery dates and periods are binding. The delivery does not begin before complete clarification of the technical details of the contract, the agreed documents and / or deposit receipt and fulfillment of other obligations of the buyer.
4.3 Jeti is always to make partial deliveries and partial services. 
   
5. Shipping
5.1 The risk of accidental loss and accidental deterioration passes with the delivery, the dispatch of purchase with the delivery of goods to the shipper, the carrier or otherwise to execute the dispatch person or institution to the customer. This also applies in the case of partial deliveries or in case of delivery free of charge. The right to choose the means of transport is at JETI.
5.2 The cost of shipping, particularly costs, customs fees, packing and any insurance costs borne by the customer. This also applies for any additional freight, if express mail, parcels or an advance provision of a partial delivery is prescribed for some reason.
5.3 Shipping damage and loss of transmission modes are the customer, execute the transport and JETI be reported immediately.
   
6. Retention of title
6.1 JETI remains - even for delivery abroad - all delivered to the property shall be preserved (conditional goods) until the customer has settled all claims from an ongoing business relationship.
6.2 The handling and processing of goods by the customer is always for and on behalf of JETI. If processing with Jeti not belonging, Jeti acquires part ownership of the new object in proportion to the value of the delivered goods to the Jeti other processed items. The resulting due to processing or mixing new treated the same as goods covered by this scheme.
6.3 The customer is entitled to resell the goods in the ordinary course of business, but not to pawn or pledge as security. The customer JETI already now all claims in the amount of the bill incurred by him through the resale. Jeti accepts the assignment. The customer is authorized to collect the debt. Jeti reserves the right to collect the claim itself, once the customer is in default.
6.4 The customer must notify JETI third party access to the goods as in the case of a seizure, and any damage to or destruction of the goods. The third and enforcement bodies should be advised by the customer on the property of JETI.
A change in ownership of the goods, as well as their own place of business change must notify the customer immediately.
In a third-party access to the retained goods, the customer has to bear all costs necessary for the lifting of access, particularly by opposition action, and the replacement of the item required.
   
7. Delay, failure 
7.1 The customer has the obligation to pay in addition to the primary requirement to pick up the purchased item. The customer comes with the decrease in default if not agreed within two weeks after notice of readiness or completion of work the subject matter decreases.
7.2 Is the customer with payment and / or decrease in default or breach contractual obligations, Jeti can if the legal rights conditions, such as Cancellation, compensation, claim. When infringement is also a delay in payment of the customer and a breach of the obligations of 6th
Jeti is for the case of compensation is made, the right to require either the actual damages or 30% of the agreed price as a lump-sum compensation. The customer is free to prove a lower damage.
7.3 Customer is formed by the resignation JETI costs, particularly transportation and storage costs.
7.4 If the requirements of paragraph 1 are met, the remaining debt is payable immediately. Granted special privileges lapse retroactively. For discount applicable then current price list is valid.
7.5 The customer has to pay interest at a rate of 8% above the base rate. The proof and claim higher damages remains reserved.
   
8. Warranty
8.1 The display of physical and / or defects must be in writing.
8.2 For a minor breach of contract, especially minor defects, the customer has no right of rescission.
8.3 The Nacherfüllungswahlrecht pursuant to § 439 I BGB (repair or replacement) is to JETI. The cost of rectification shall JETI, provided that this does not impose a disproportionate load.
8.4 The assignment of deficiency claims of the direct customer of Jeti is prohibited.
8.5 Rejected goods is JETI sent, indicating the customer number, invoice number, order number, postage paid. If the goods are actually defective, the postage for the cheapest mode of shipment by JETI will be refunded.
8.6 Warranty claims lapse 12 months from delivery. Claims for damages under Section 9.1. The statutory time limits.
8.7 Regarding the nature of the product only the product of the producer, as agreed. Public statements, promotion or advertising of the manufacturer do not constitute a contractual condition of the product dar
8.8 If the operating and maintenance instructions from Jeti not followed, changes to the services, parts or products is opened, account for any warranty claims. The same applies, if the performance of the contract JETI not used or used together with foreign services or the lack of performance to the customer provided design documents or other templates are based.
8.9 Guarantees in the legal sense are not the customer by JETI. Manufacturer warranties are not affected.
   
9. Liability
9.1 For damage not caused to the item itself, Jeti liable for breach of contractual or non-contractual obligations only in cases of intent or gross negligence, culpable violation of body, life or health due to bad faith, or a guarantee undertaken.
9.2 Claims under the Product Liability Act.
9.3 The responsibility for data loss is limited to the cost of restoration that would typically occur at regular and risk of the backup clients. If the customer violates his under section 10.3. described duty shall be liable for any resulting damages JETI not.
   
10. Software Rights
10.1 In software, the changes, additions, enhancements and related documentation that is part of the supply of Jeti or delivered later, the customer receives a perpetual, non-transferable and non-exclusive license to the internal operation of the power. Jeti remains the sole owner of copyright.
10.2 The simultaneous storage or use of information provided by JETI software on more than one hardware is prohibited. The customer may not modify this software, copy or otherwise reproduce. How to Make a backup copy is marked as such, admissible.
10.3 The customer is committed to preventing the unauthorized access of its employees and other third parties to the supplied software and its documentation through appropriate arrangements, in particular the custody of the original disk and the backup copies to a tamper place.
   
11. Final Provisions
11.1 The laws of the Federal Republic of Germany. The UN Sales Convention shall not apply.
11.2 Performance for the respective delivery Jena.
11.3  The exclusive venue for all disputes from this contract is 07745 Jena. The same applies if the customer has no general jurisdiction in the Federal Republic of Germany or of business or habitual residence at the time of action are not known.
 

 

 

  State: 1.1. 2008