Terms and Conditions.

§ 1 Scope

Our deliveries, services and offers are made on the basis of these terms and conditions. They therefore also apply to all future business relationships, even if they are not expressly agreed again. A binding order or the purchase contract is concluded upon acceptance and becomes legally effective upon the customer’s signature. The customer is bound by their order unless they revoke it in writing within 7 days. These terms and conditions shall be deemed accepted at the latest upon receipt of the goods or a service. Any conflicting terms of the customer referring to their own terms of business or purchase are hereby expressly rejected. Deviations from these terms and conditions are only effective if confirmed by us in writing.

§ 2 Offers

Our offers are always subject to change and non-binding. We reserve the right to make technical and design changes to descriptions and information in brochures, catalogues and documents, as well as changes to models, construction and materials in the course of technical progress, without any rights against us being derived therefrom.

§ 3 Prices and conditions

All prices are exclusive of VAT and shipping costs. They are based on the price and product list valid on the day the contract is concluded.

§ 4 Delivery and performance time

Dates and deadlines stated by us are non-binding unless expressly agreed in writing. All delivery dates are subject to correct and timely delivery to us by our own suppliers. They begin on the day the order is placed. We are not responsible for delays in delivery or performance due to force majeure or events that make delivery significantly more difficult or impossible for us – such as operational disruptions, official orders, etc. – even if they occur at our suppliers or sub-suppliers, and even where deadlines and dates have been bindingly agreed. Such events entitle us to postpone delivery for the duration of the hindrance plus a reasonable start-up period, or to withdraw from the contract in whole or in part with respect to the part not yet fulfilled. Otherwise, we shall only be in default once the customer has set a grace period of at least two months in writing.

§ 5 Shipping and transfer of risk

Shipping is carried out by a method of our choice at the customer’s risk. Risk passes to the customer as soon as the consignment has been handed over to the person or company carrying out the transport, or has left our warehouse for the purpose of shipping – or, in the case of direct shipment, our supplier’s warehouse. If shipping is delayed or made impossible through no fault of ours, risk passes to the customer upon dispatch of the notification that the goods are ready for shipping. The goods are only insured against transport damage at the customer’s express request and expense.

§ 6 Warranty and liability

We warrant that our products are free from manufacturing and material defects. The warranty period for all products is 12 months from the transfer of risk, unless other dates are stated in the warranty certificate. The warranty is void if operating and maintenance instructions are not followed or if changes are made to products that do not comply with the original specifications. The customer must notify us of defects in writing without delay, but no later than 14 days after receipt of the product. Defects that cannot be discovered within this period even with careful inspection must be reported to us without delay after discovery. If the customer notifies us that the products do not conform to the warranty, we may, at our discretion, require the defective part or device to be returned to us carriage paid for repair.

We are only obliged to rectify defects or provide a replacement if the customer has fulfilled their own contractual obligations. Warranty claims against us are only available to the direct customer and are not transferable.

§ 7 Retention of title

We retain title to the goods delivered until full payment of all claims due to us and still outstanding, irrespective of their legal basis. In the event of third-party access to the goods subject to retention of title, in particular seizure, the customer must point out our ownership and notify us without delay. The customer shall bear any costs and damages. In the event of conduct by the customer in breach of contract, in particular default of payment, we are entitled to take back the goods subject to retention of title at the customer’s expense or, where applicable, to demand assignment of the customer’s claim for surrender. Taking back or seizure of the goods subject to retention of title by us does not constitute withdrawal from the contract unless we expressly declare this in writing.

§ 8 Payment

All invoices are payable within 14 days without deduction. If the customer fails to meet their payment obligations as agreed, stops making payments, or if other circumstances become known that call the customer’s creditworthiness into question, we are entitled to declare the entire remaining debt due and to demand advance payments or security. The customer is only entitled to set-off, retention or reduction – even if notices of defects or counterclaims are asserted – if we expressly agree or if the counterclaims have been legally established. In the event of late payment, default interest of 11.25 % p. a. will be charged. Discounts granted only take effect if the customer meets the payment deadline. Otherwise, the currently valid selling price will be charged and claimed.

§ 9 Place of performance and jurisdiction

The place of performance for delivery, payment and notification of defects is the registered office of inotec Forschungs- und Entwicklungsgesellschaft mbH.

The place of jurisdiction is Leipzig. All transactions are governed by German law.

inotec Forschungs- und Entwicklungsgesellschaft mbH
Mr H. Runkewitz
Biedermannstraße 9–13
04277 Leipzig, Germany