General terms and conditions
Zander EMS GmbH
Unless otherwise agreed in writing, the following terms and conditions shall apply exclusively to all our deliveries and services. They shall be deemed accepted by placing the order, accepting the delivery or by accepting the written order confirmation. Deviations from our general terms and conditions of delivery or verbal assurances of our representatives are only binding for us if the same have been confirmed by us in writing. Other conditions prescribed to us are invalid and have for
us no obligation.
The acceptance of general terms and conditions of the purchaser is hereby contradicted.
All orders are considered irrevocably placed and cannot be withdrawn for any reason, including delay in delivery.
Should a contractual partner nevertheless wish to withdraw from the firmly concluded purchase contract, this requires our express written approval. The costs incurred up to that point shall be borne and paid by the Contractor.
We are entitled to make delivery only after full payment of the purchase price or to withdraw from the contract without notice and without obligation to pay damages if we subsequently become aware of insufficient solvency on the part of the customer or if the agreed terms of payment are not met on time.
2. terms of payment/prices:
Price quotations in offers are net prices plus. the currently valid value added tax. Payment terms are specified in the offer and are to be made on time. The payment date begins with the invoice date. Payments shall also be made if rework is still required on the delivery item (after successful acceptance or delivery). This rework is covered by our warranty obligation. Unless otherwise agreed in the offer, prices are ex works excluding packaging.
3. delivery time:
The agreed delivery time begins with the date of our written order confirmation, as well as after receipt of all documents and information necessary for the order. There are no fixed transactions for the agreed delivery time. In the event of hindrances in the course of business and order processing for which we are not responsible, the delivery time shall be extended by the period of the hindrance. Reasons for this could be, for example, force majeure, refusal or delay of official authority, labor disputes, failure to deliver materials and services from outside companies on time, etc.
Compensation for damages or withdrawal from the contract cannot be asserted against us due to exceeding the delivery time. In the case of new designs or special designs, we expressly reserve the right of execution, whereby claims for damages of any kind are excluded in the event of withdrawal from the contract.
4 Place of delivery, transfer of risk and shipment
Deliveries and services shall be provided, if delivery free domicile has been agreed, at the agreed place of delivery without unloading. The end customer is responsible for this and has suitable means (forklift truck, crane, etc.) incl. Provide employees. Even if delivery free domicile has been agreed upon, the risk with regard to the delivery item shall pass to the customer when the goods are handed over to the customer, a forwarding agent or carrier, at the latest when the goods leave our company. At the request and expense of the purchaser, we will insure the shipment against breakage, transport and fire damage. For this purpose, a written order is required. Otherwise, the purchaser is responsible for the required insurance. The choice of the means of transport and insurance is left to us.
5. retention of title:
Until the purchase price has been paid in full, we shall retain title to the goods delivered, even in the event that they are combined with other equipment. In the latter case, there is already an agreement that the co-ownership of the relevant equipment is transferred to us in the ratio of the value of our goods to the entire equipment. During the time, until full payment, the items may not be further sold, rented, loaned or given away. As far as and as long as the reservation of title exists, the customer may neither assign goods nor pledge goods manufactured from these goods as security without our consent. Conclusions of financing agreements (e.g. leasing) require our prior written consent. In the event of conduct in breach of contract on the part of the customer, in particular in the event of default in payment, we shall be entitled within the limits of §§503 para. 2, 498 para. 1 BGB to withdraw from the contract and to take back the goods.
As a matter of principle, we assume warranty for a function and property contractually assured at the time of acceptance or delivery in accordance with the recognized rules of technology. Any warranty is subject to proper operation, regular and professional maintenance, and use in accordance with the contract.
Wear and tear of used parts does not constitute a warranty claim and does not oblige to replace them free of charge.
For electrical devices and built-in parts the warranty period is 6 months, for mechanical components 1 year. It shall commence upon commissioning or delivery, but no later than 10 working days after written notification of completion.
The customer is obliged to protect himself adequately against data loss and to make regular data backups. Updates from software manufacturers are not covered by the warranty and must be paid for by the customer.
Our warranty is completely void if any modifications or repairs have been made by others without our consent.
The place of warranty (place of performance of the warranty) is the registered office of Zander EMS GmbH in Landsberg am Lech. The delivery and return delivery costs incl. Packing and insurance are at the expense of the customer and are to be borne by him. Travel and accommodation costs for a warranty assignment at the customer’s site shall be borne by the customer.
We reserve our property rights and copyrights to drawings, circuit diagrams and other documents. Distribution or reproduction to third parties is not permitted.
Documentation includes an assembly drawing, drawings of the subassemblies, parts lists, maintenance schedule, operating instructions and, if required, CE marking in paper and file PDF format. CAD models and individual part drawings are not part of the documentation and will not be passed on to the customer. The construction costs listed in the offer, if any, are development costs only and do not include CAD data.
The customer assures us to publish pictures and general drawings, of the units manufactured by us, for advertising purposes, e.g. on the Internet, in flyers, etc., unless he objects to us in writing for the special order.
8. place of performance/place of jurisdiction:
The place of performance for delivery and payment, as well as the place of jurisdiction for all legal disputes and dunning procedures among general merchants arising from the contractual relationship is Landsberg am Lech.
9. applicable law:
German law shall apply exclusively to all legal relationships.
10. binding nature of the GTC’s:
Should one of these conditions be invalid for any reason, this shall not affect the validity of the remaining conditions.