General Terms and Conditions of OXICO GmbH
- Scope / General
The conditions set out below are valid for all transactions, even if they are not re-referred to in subsequent transactions.
Changes and additions to the contract require the written form or the written consent of OXICO GmbH.
The offers of OXICO GmbH are subject to change and are non-binding.
All information is net, plus the statutory value added tax and is valid from the delivery warehouse of OXICO GmbH.
A contract is concluded either with the written order confirmation of OXICO GmbH, but at the latest by acceptance of the delivery by the customer.
Price changes are reserved within the limits of reasonable terms.
Partial deliveries are considered to be an independent service. Freight services will be charged separately, unless otherwise agreed.
- Deliveries and services
The delivery times mentioned are non-binding. In the event of force majeure, official measures and the like, which affect the execution of the contract, the seller is entitled to postpone the delivery for the relevant period or to withdraw from the contract.
Such events shall prolong the delivery date accordingly, even if they occur during a delay that has already occurred. A claim of the customer for damages due to breach of duty is excluded in the event of a delay in delivery in the event of ordinary negligence. The customer must check the goods immediately after receipt for completeness and conformity according to the invoice.
- Examination and transfer of risk
Any defects must be claimed in writing immediately within 8 days of receipt of the goods. The seller’s liability, for whatever reason, is limited to the amount of the purchase price.
A process and processing of the goods that has begun already means a waiver of claims for damages of any kind.
In the absence of a guaranteed property, the buyer cannot claim damages for non-performance.
Each partial delivery is an independent business. Even in cases where a complaint takes place, the purchase price must be kept on the agreed dates, subject to subsequent rules of the difference.
Warranty for any hidden defects is excluded even if the sample has been sold or according to samples. The delivered goods remain the property of the seller until payment of the purchase price and repayment of any existing claims arising from transactions with OXICO GmbH.
The cessation of individual claims does not cancel the retention of title. The buyer is entitled to resell the goods subject to retention of title in the proper course of business. He hereby assigns to the seller all claims arising from the resale against the customer or against third parties. The buyer remains authorized to collect these claims even after assignment. The Seller’s power to collect these claims itself is unaffected by this, but the Seller undertakes not to collect the claims as long as the Buyer duly fulfils his payment and other obligations.
The Seller may demand that the Buyer informs him of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors of the assignment. A delay in payment by the customer entitles OXICO GmbH to withdraw from the contract. In the event of withdrawal, the Seller’s retention of title shall take effect. Items delivered for testing and demonstration purposes remain the property of OXICO GmbH .
In particular, defects or damages that are due to
- Operational wear and tear and normal wear
- Improper use
- Operating error or negligent behaviour of the customer
- Operation with incorrect current or voltage type, as well as connection to unsuitable power sources
- Fire, lightning, explosion or mains-related overvoltages
- Moisture of all kinds
- Incorrect or incorrect program, software and/or processing data
as well as any consumables, unless the customer proves that these circumstances are not the cause of the alleged defect. The warranty is also waived if serial number, type designation or similar number are removed or rendered illegible.
The warranty period is two years and begins with delivery. This period is a limitation period and also applies to compensation for consequential damages of defects, insofar as no claims arising from tortare are asserted.
Warranty claims are non-transferable. The warranty period is not extended by the customer’s use of the warranty.
Irrespective of this, OXICO GmbH shall pass on in full further warranty and warranty commitments from the manufacturers to the customer without being responsible for this.
Repairs or replacement supisations shall be made after agreement or written agreements; the selection of the implementation is made by OXICO GmbH.
Replaced parts are the property of OXICO GmbH.
All other costs of the repair, as well as the ancillary costs associated with a replacement delivery, in particular the transport costs for the replacement piece, shall be borne by the customer, insofar as these other costs are not disproportionate to the value of the order. If the verification of a defect notification reveals that a warranty case has not been filed, OXICO GmbH is entitled to demand compensation for all expenses.
Costs of verification and repair are calculated at the applicable service prices of OXICO GmbH. All other or other claims of the customer than provided for in these provisions, regardless of the legal reason, are excluded, unless otherwise stated in these provisions.
- Intellectual Property Rights and Copyrights of Third Parties
OXICO GmbH assumes no liability for the fact that the contractual products do not infringe any industrial property rights or copyrights of third parties.
The customer must inform OXICO GmbH immediately of all claims made against him for this reason. This indemnifiability does not apply if the cause of the damage is based on intent or gross negligence. Furthermore, it shall not apply if the customer asserts claims for damages for non-performance due to the absence of a property guarantee comprising the risk of consequential damage.
The law of the Federal Republic of Germany applies. The provisions of UN law do not apply.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of OXICO GmbH.
The same applies if the customer does not have a general place of jurisdiction in Germany or is not known where the domicile or habitual residence is at the time the action is brought. If the products supplied by us are exported, the customer/purchaser is responsible for compliance with the respective national, European or export laws of the United States of America. Should individual provisions of the contract with the customer, including the General Terms and Conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions.
The entire or partially ineffective provision is to be replaced by a provision whose economic success is as close as possible to that of the ineffective one.
Individual products may contain small parts that can be swallowed by children and must therefore be installed or stored inaccessible to children.
In general, individual parts of the products marketed may be manufactured with harmful substances as a result of operational requirements, so that the relevant operating instructions and operating instructions of the respective manufacturers must be observed.
The customer / buyer undertakes to set up and put into operation the purchased products only according to the intended and professional manner.