Terms of Service
Here you will find the general terms and conditions of Inopart GmbH.
These sales conditions apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) BGB. We only recognize conditions of the customer that conflict with or deviate from our terms of sale if we expressly agree to their validity in writing.
These conditions of sale also apply to all future business with the customer, insofar as they are related legal transactions.
In individual cases, individual agreements made with the buyer (including side agreements, additions and changes) always take precedence over these sales conditions. Subject to evidence to the contrary, a written contract or our written confirmation is decisive for the content of such agreements.
If an order is to be regarded as an offer according to § 145 BGB, we can accept it within two weeks.
§3 Documents provided
In all documents provided to the customer in connection with the placing of the order also in electronic form – such as B. calculations, drawings etc., we reserve ownership 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 customer’s offer within the period of § 2, these documents must be returned to us immediately.
§4 prices and payment
Unless otherwise agreed in writing, our list prices apply ex works excluding packaging and plus VAT at the applicable rate. Packaging costs will be charged seperately.
Payment of the purchase price must only be made to the accounts specified on the company documents. Deduction of cash discounts is only permitted with a special written agreement.
Unless otherwise agreed, the purchase price is payable within 10 days of delivery. Default interest is 8% above the respective base rate p.a. (see Appendix 1) The assertion of a higher damage caused by delay remains reserved.
Unless a fixed price agreement has been made, reasonable price changes due to changes in wages, material and distribution costs for deliveries that are made 3 months or later after the conclusion of the contract are reserved.
§5 rights of retention
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§6 delivery time
The beginning of the delivery time specified by us presupposes the timely and proper fulfillment of the obligations of the customer. The exception of the unfulfilled contract remains reserved.
If the customer defaults on acceptance or culpably violates other duties to cooperate, we are entitled to demand compensation for the damage we incur, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchase item passes to the customer at the time that the customer is in default of acceptance or debtor.
Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
§7 Passing of Risk on Dispatch
If the goods are sent to the customer at the request of the customer, the risk of accidental loss or accidental deterioration of the goods passes to the customer when the goods are dispatched to the customer, at the latest when they leave the factory / warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.
$ 8 retention of title
We reserve ownership of the delivered item until all claims from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always refer to them expressly. We are entitled to take back the purchased item if the customer behaves contrary to the contract.
As long as ownership has not yet passed to him, the purchaser is obliged to treat the purchased item with care. If maintenance and inspection work must be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet passed, the customer must notify us immediately in writing if the delivered item is seized or is subject to other third party interventions. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit pursuant to Section 771 ZPO, d