SPS-Service Terms and Conditions
For our delivery of goods, and our services, the general terms of delivery for products and achievements of the electrical industry are valid, as far as these are not extended or are not limited by our additional conditions. Deviating trading conditions, which are at the basis put to its order by a customer, are considered as rejected, as far as they were not recognized expressly in writing. These conditions are valid with constant business relations also for future business, with which not expressly on them purchase is taken, if they reached to the customer in the case of early an order implemented and/or confirmed by us .
1. Offer and prices
Our offers are always not-binding and without obligations. The connection period for our offers is 20 days starting from offer date. Orders are considered as legally effective only, if they are confirmed in writing by us. If the written confirmation of the order deviates, then this is considered as new offer, which the customer can accept within one week. The contract comes off then on the basis of our new offer. All agreements and data are valid then only if we confirm them in writing. Without writing can be done only in writing. Withdraws the customer for reasons, which we do not have to represent, of the contract back, then he replaces developed damage to us. This amounts to in the case of doubt 20% of the gross sales order value. All prices are net prices and understand themselves plus the legal value added tax at the time of the rendering of invoice (at present 16%, from 01.01.2021 19%). Price base are the tariffs valid to the offer date (and/or equivalent or agreements used instead of its) for wages and salaries, as well as the current material and prices of raw materials.
Our goods are delivered exclusively EXW "Ex works Mechernich" by UPS parcel service or private courier. In the case of corporate customers or public institutions, delivery is made on account, in advance or by arrangement. It is left to us to make partial deliveries. Subsequent deliveries are forwarding expenses-free. With order values under 200. - EUR we must calculate a smaller quantity addition of 40.- EUR. Forwarding expenses can vary depending upon regulation country, weight and desiered service. When returning unopened original packaging goods, we will refund the purchase price less 20% restocking fee. For unpackaged goods or used equipment, the deduction is 50% due to extensive testing and reconditioning.
3. Delivery time
The delivery times specified by us are without obligation, however after possibility are kept. To the orderer it is well-known that we are not manufacturers of the goods or individual components. Delays by foreign concern of which we by material purchase are dependent, furthermore strikes, events of higher force, lockout, war etc. entitle us - not however the orderer - to withdrawf rom the contract or its fulfillment postpone. Claims for damages of each kind are impossible in all cases.
4. Terms of payment
All payments are to be made in Euro free of charge and expenses. If differently does not agree, the payment has to take place within 10 days starting from invoice date without departure purely net. During excess of the date of payment we are entitled to calculate interest at a value of 5% over the valid basis interest rate of the German Federal Bank. The payments are only valid with the unreserved credit note on one of our accounts as made. All payments are taken into account without consideration for other orders of the customer always first at interest and the expense and afterwards on demands. With the existence of several demands the charge takes place according to the regulations § 366 exp. 2 BGB.
As far as not expressly something else one agreed upon, claims of the customer, in particular damage, who did not develop at the components, as well as requirements are because of positive violation of contract and impossible on replacement due to damages or losses of the customer, like e.g. loss incomes, loss of use, loss of production, capital costs or costs, which are connected with an operating interrupt. If adhesion enters by us, then this is limited in each case to the indemnification of our liability insurer. In each case the extent of liability is limited to the value of the supplied commodity. In all other respects we presuppose with the customer and/or client that he has the necessary specialised and trained personnel for the handling and operation of the scope of supply.
6. Notice of defect
The orderer commits himself possible lack or objections immediately after receipt of the commodity to make in writing valid at the latest however after 8 days and before the processing or mixture of the commodity for the supplier opposite. During disregard of this obligation the supplier is liberating from the warranty for defects. If an incorrect supply can be proven, we carry credit note or replacement out in perfect execution after our choice. Large claims are impossible. Adhesion did not result for damage taken over from inappropriate treatment, storm and transport damages or other influences of the weather.
All lack must be reprimanded by the orderer by written announcement with us. With obvious lack this must happen within 8 days after receipt of the commodity. With notice of defect within the prescribed period and justified we carry replacement, credit note or repair out after our choice. For this an appropriate period stands for order to us. The guarantee amounts to in each case maximally 12 months for new products, and maximally 2 moths for used and refurbished parts.
8. Secrecy / protection and copyrights
Both we and the customer are obligated to treat information about operating and professional secrets of a party strictly confidentially. The customer stands for the fact in that in the context of the order the plans, drafts, designs, programs, manufactured by us, and computations only for its own purposes are used and them third make not accessible. As far as at our results of working copyrights developed, the same remain with us. The obligation of the customer for secrecy and to the copyright protection includes the obligation without restriction also ensuring by suitable steps that the secrecy obligation and the copyright protection are protected also by its employee. The customer recognizes on that he carries all legal risks and consequences with an offence against protection and copyrights.
9. Retention of title
From us provided programs, plans and documentations, as well as our contributions of equipment remain up to the complete payment everything of our demands our property. If it concerns with the client a subcontractor, which gives the order in the interest of another, he is entitled in the context of a normal economic and management for far sale. The client retires from the resale of the thing arising demand to him already hereby safeguardfor the sake of at us. The client is authorized direct debit. This relative insures the client that the demand arising from the sale is free of right third. As far as we provide programs, at which we due to §§ 946 FF. BGB the property due to connection, mixture or processing lose, take place the production of the programs in our order (processing clause).
It is valid exclusively the right of the Federal Republic of Germany. If regulations of these conditions are invalid, ineffective or contestable, the remaining regulations are thereby not affected. The clause concerned is to be laid out then in such a way that the intended economic purpose is reached as exactly as possible in legally permissible way. That is valid also for possibly auxiliaryneedy gaps. Area of jurisdiction for both parties, so far compatible, is Euskirchen.