General Terms and Conditions, §§ 305 ff. BGB
Our terms of delivery and payment apply exclusively, with which our customer agrees when placing the order. This shall also apply to future transactions, even if no express reference is made to them, but they have been received by the client in the case of an order confirmed by us. If the order is placed in deviation from our terms of delivery and payment, then only our terms of delivery and payment shall apply, even if we do not object. Deviations shall only apply if they have been expressly acknowledged by us in writing.
In case of calculation or printing errors in the offer, we reserve the right of correction at any time. We are exclusively B2B business, so that our customers are without exception entrepreneurs according to § 14 BGB.
All prices are (if not agreed otherwise) ex remes Erding plus the statutory sales tax. The invoice is issued in EURO currency by default, unless another currency has been previously agreed in writing in the sense of. § 126 BGB agreed.
4. Initial transactions
In the case of an initial transaction, payment of the invoice amount without deduction must be made in advance by the due date. We reserve the right to charge any reminder fees.
5. Conclusion of contract, prices, dispatch, transfer of risk and revocation
The Client and the Contractor shall be bound by the offer for 7 calendar days in accordance with §§ 133, 157 BGB. The contract shall be deemed to have been effectively concluded if we confirm acceptance of the order within this specified period or have executed or commenced the delivery/service. Delivery shall always be made on the date of the transfer of risk. in the sense of. § 446 BGB applicable prices. Additional deliveries and services will be charged separately. In the event of a cancellation of the order or an unfounded refusal of acceptance on the part of the client, we shall charge a processing fee of a flat rate of € 250.00 plus VAT in addition to the costs incurred. Sales tax. In the case of shipping transactions, the client shall assume in full all costs from the time of the transfer of risk in the sense of. 446 BGB.
The remes GmbH is only liable for intent and gross negligence. For simple negligence the remes GmbH – except in the case of injury to life, body or health – only if essential cardinal obligations are violated. The exclusion of liability does not include cardinal obligations. The liability is limited to the contract-typical as well as foreseeable damage. Liability for indirect and unforeseeable damage, loss of production and use, loss of profit, loss of savings and financial loss due to third-party claims shall be excluded in the event of simple negligence – except in the case of injury to life, limb or health. of health – excluded. Any liability beyond the scope of this contract is excluded. However, the above limitations or exclusions of liability shall not apply to any strict liability prescribed by law, e.g. under the Product Liability Act. Insofar as liability is excluded or limited, this shall also apply to the vicarious agents of the remes GmbH.
7. Responsibility for updates for operating systems and tools
With the successful handover of PC-based systems, the responsibility for operating system and tool updates is transferred to the customer. These are to be carried out by its IT and supported accordingly. After the handover remes no liability for any errors due to improper installations, etc.
8. Delivery times
Delivery periods and dates stated by us shall only be binding if they have been expressly confirmed by us in writing. The delivery periods begin with the written order confirmation of remes. They shall be deemed to have been met if, by the end of the period, the goods/services have left our premises or the customer has been notified that they are ready for dispatch. If we exceed the agreed deadline, the customer has the right to set us a grace period of 3 weeks by means of a registered letter and to withdraw from the contract after the deadline has expired. The customer shall only be entitled to damages for non-performance if we have caused the delay intentionally or through gross negligence. If we are prevented from delivering on time due to official orders or measures, force majeure, strike, lockouts, traffic disruptions or due to delivery difficulties on the part of our suppliers, the deadline or date shall be extended by the duration of these disruptions. If the impediment does not cease to exist in the foreseeable future, we shall be entitled to restrict or discontinue delivery or to withdraw from the contract in whole or in part, without the customer being entitled to claim subsequent delivery or damages. In such a case, we are obliged to inform the customer immediately in text form or in writing.
Any complaints about our goods can only be asserted within the complaint period of 14 days from the date of transfer of risk granted by us. In this case, the written form in accordance with § 126 BGB is mandatory. We do not provide compensation for late or unreported damages. Returns to us have “free domicile remes Erding and insured to be made. In the case of unfree and/or uninsured returns, we may refuse to accept the goods or may charge the customer, in addition to the costs charged by remes a handling fee in the amount of € 40.00 plus shipping costs paid for the freight collect delivery. Sales tax to be invoiced. We will not accept returns that have not been posted by the customer. Justified returns to the customer will be returned by us free of charge to the customer’s original delivery address. In the event of justified complaints, we shall have the right, at our discretion, to rectify the defect or to make a replacement delivery. The warranty period is 1 year after delivery, except for wear parts such as test cables. Warranty work is performed directly on site at the registered office of the company remes executed
10. Conditions concerning orders, service and repairs
Unless a quotation is expressly requested in advance, the order shall be processed on the basis of the cost rates valid on the day the order is placed. Repairs are carried out at most up to the amount of the new acquisition value executed without prior limitation of the client. If the repair costs exceed the replacement value, the client will be notified accordingly.
11. Payment, delay, set-off
All invoice amounts are to be paid as standard with the payment term 30 days without deduction after the invoice date, unless other payment conditions have been agreed in writing. If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately. In addition, the client will be charged interest on arrears as well as reminder costs in the amount of a lump sum of 3.00 € invoiced. The calculation of interest on arrears shall apply from the date of invoicing. We are entitled to assign the claims arising from our business relations in accordance with the statutory conditions. Offsetting by the client with counterclaims is excluded, unless the counterclaims are undisputed or legally established.
12. Right of retention
The assertion of a right of retention by the client is excluded, unless it is based on the same contractual relationship or the counterclaims are undisputed or legally established.
13. Retention of title
The delivered goods remain the property of remes until full payment has been received and all claims arising from the business relationship between the parties have been settled. remes GmbH, § 449 BGB. This shall also apply to receivables from previous deliveries or services (so-called extended retention of title). The treatment or processing of goods subject to retention of title shall be carried out for us without contractually obligating us. In the event of a resale of the goods, the customer hereby assigns to us his claims to the amount of the outstanding amount of the claim including value added tax. The customer remains authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. If the goods subject to retention of title are seized, the customer shall inform us immediately and comprehensively and draw the attention of the seizing party to our rights and provide us with the documents necessary for our intervention. The costs incurred by our intervention shall be borne by the customer. Withdrawal from the contract is not required in order to assert the rights arising from retention of title, unless the debtor is a consumer.
14. Data protection
The Contractor shall be entitled to process the data about the Buyer contained in relation to the business relationship or in connection therewith, regardless of whether such data originates from the Buyer itself or from third parties, within the meaning of the German Federal Data Protection Act and the European-initiated General Data Protection Regulation (DSGVO). This notice replaces the notice pursuant to the Federal Data Protection Act that personal data about customers are stored and processed by means of EDP.
All claims of the customer shall become time-barred 12 months after the goods delivered by us have been handed over to our customer. For claims for damages in the event of intent, gross negligence and an intentional or negligent breach of duty by the user resulting in injury to life, body and health, the statutory limitation period shall apply.
16. Use of software
Insofar as software is included in the scope of delivery, the Customer shall be granted a non-exclusive right to use the delivered software including its documentation. It is provided for use on the delivery item intended for this purpose. Unless otherwise agreed, use of the software on more than one system is prohibited. The Customer may only copy, revise, translate or convert the software from the object code to the source code to the extent permitted by law (§ 69 a et seq. Copyright Act). The client undertakes to comply with manufacturer’s specifications -. especially copyright notices – not to remove or modify without the prior express consent of the Contractor. All other rights to the software and the documentation, including copies, shall remain with the contractor or software supplier. The granting of sub-licenses is generally not permitted.
The minimum quantity surcharge is €300. A lower order value is only possible by individual agreement. In this case, we reserve the right to charge a minimum quantity surcharge.
18. Place of Performance, Jurisdiction, Miscellaneous
The place of performance and jurisdiction, to the extent permitted by law, for all obligations arising from the business relations between the Contractor and its customers shall be the Contractor’s registered office. However, the Contractor shall be entitled to bring an action also at other places of jurisdiction. This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
19. Validity of the German version of these General Terms and Conditions of Business
These General Terms and Conditions are available in German and English. In the event of any inconsistency between the German and English versions, the German version shall prevail.
20. Severability clause
The contract shall remain binding in its remaining parts even if individual provisions are legally invalid.
* Status of the legal texts: January 2024