GENERAL TERMS AND CONDITIONS OF HIRE, DELIVERY, INSTALLATION AND PAYMENT
I. OFFER
Initial quotations are generally submitted free of charge. Further offers and design work shall only be carried out free of charge if the supply contract is and remains legally effective.
The documents belonging to the offer, such as illustrations, drawings, weights and dimensions, are only approximate unless they are expressly designated as binding. FairExperts reserves the right of ownership and copyright to cost estimates, drawings and other documents; they may not be made accessible to third parties.
Fair-Experts is obliged to make plans designated as confidential by the purchaser accessible to third parties only with the purchaser’s consent.
II. SCOPE OF DELIVERY
The written order confirmation from Fair-Experts is decisive for the scope of delivery.
Additional agreements and changes require written confirmation from Fair-Experts
III. PRICES AND PAYMENT
In the absence of a special agreement, prices are ex works including loading at the factory, but excluding packaging.
In the absence of a special agreement, payment is to be made in cash without any deductions free Fair-Experts paying agent, namely 50% down payment after receipt of the order confirmation 50% immediately after delivery.
If the payment deadlines are exceeded, annual interest of 1% above the respective discount rate of the German central bank, but at least 5%, will be charged without the need for a notice of default. The retention of payments or offsetting due to any counterclaims of the customer disputed by Fair-Experts are not permitted.
IV. DELIVERY TIME
The delivery period begins with the dispatch of the order confirmation, but not before the documents, authorizations and approvals to be provided by the customer have been provided and an agreed down payment has been received.
The delivery deadline shall be deemed to have been met if the delivery item has left the factory or readiness for dispatch has been notified by the time it expires.
Assembly deadlines are only approximate; if an assembly deadline is designated as binding, it shall be deemed to have been met if the assembly is ready for acceptance by the customer by the time it expires or, in the case of a contractually agreed test, if the test is ready to be carried out. The risk of assembly shall be borne by the purchaser or it must be expressly recognized by Fair-Experts Delivery and assembly deadlines shall be extended appropriately in the event of unforeseeable events that are beyond the control of Fair-Experts – regardless of whether they occur at the Fair-Experts factory or at its subcontractors – for example operational disruptions, strikes, lockouts, delays in the delivery of essential raw and construction
materials, insofar as such obstacles demonstrably have a significant influence on the completion or delivery of the delivery item. The aforementioned circumstances must also be accepted by the customer if they arise during an existing delay. In important cases, Fair-Experts will inform the purchaser of the beginning and end of such obstacles as soon as possible.
If dispatch is delayed at the request of the purchaser, he will be charged the costs incurred by storage at the Fair-Experts factory, but at least 50 of 100 of the invoice amount for each month, starting one month after notification of readiness for dispatch.
Fair-Experts is entitled to dispose of the delivery item otherwise after setting and fruitless expiry of a reasonable deadline and to supply the purchaser with a reasonably extended deadline.
Compliance with the delivery and assembly deadline requires the fulfilment of the purchaser’s contractual obligations.
V. TRANSFER OF RISK AND ACCEPTANCE
The risk is transferred to the purchaser at the latest when the delivery parts are dispatched, even if partial deliveries follow or Fair-Experts has assumed other services, for example the shipping costs or transport and installation. At the request of the purchaser, Fair-Experts will insure the consignment against breakage, transport, fire and water damage at the purchaser’s expense.
If dispatch is delayed due to circumstances for which Fair-Experts is not responsible, the risk is transferred to the purchaser from the day of readiness for dispatch, however Fair-Experts is obliged to take out the insurance requested by the purchaser at the latter’s request and expense.
Delivered items must be accepted by the purchaser, even if they have minor defects, without prejudice to the rights under Section VII.
Partial deliveries are permissible.
VI. RETENTION OF TITLE
Fair-Experts retains title to the delivery items until all payments arising from the delivery contract have been received. The retention of title shall also remain in force until acceptances submitted by the customer have been honored in full. Until the retention of title expires, Fair-Experts is entitled to insure the delivered goods against relevant risks at the expense of the purchaser, unless the purchaser provides proof that he has taken out appropriate insurance. In this case, the purchaser hereby assigns to the manufacturer any claim to insurance benefits in the amount of the delivery price. The reassignment shall be deemed to have been made tacitly as soon as the Purchaser has paid the delivery price in full. In the event that the purchaser sells the delivery item before payment of the total purchase price, he hereby assigns his claim from the resale to Fair-Experts Fair-Experts
undertakes not to assert the claim assigned to it as long as the purchaser fulfils his payment obligations.
The delivery item may neither be pledged nor transferred as security by the purchaser.
Fair-Experts must be informed immediately in the event of seizure or confiscation or
other dispositions by third parties.
In the event of breach of contract by the purchaser, in particular default of payment, Fair-Experts is entitled to take back the goods and the purchaser is obliged to surrender them.
VII. LIABILITY FOR DEFECTS IN DELIVERY AND ASSEMBLY
Notifications of defects must be made in writing immediately, but at the latest within 8 days. Previous changes to the delivered items made without the consent of Fair-Experts forfeit any legal claim to rectification of defects. Fair-Experts shall only be liable for assembly defects if this has been expressly confirmed in writing in accordance with the following conditions. The same applies to the delivery of used goods and objects.
Liability for defects in construction work (metal construction and steel construction) shall be governed by the latest version of the VOB.
- After consultation with Fair-Experts, the purchaser must give Fair-Experts the necessary time and opportunity to carry out all repairs and replacement deliveries that Fair-Experts deems necessary, otherwise Fair-Experts! is released from liability for defects. Only in urgent cases where operational safety is jeopardized, or if Fair-Experts is in default with the rectification of defects, does the purchaser have the right to rectify the defect himself or have it rectified by a third party and to demand reasonable reimbursement of his costs from Fair Experts
- Fair-Experts can refuse to remedy defects as long as the purchaser does not fulfil his obligations.
- Fair-Experts shall not be liable for any consequences resulting from improper
modifications made by the purchaser or third parties without prior authorization
from Fair-Experts Furthermore, no liability is accepted for damage resulting from
unsuitable or improper use, incorrect assembly or commissioning by the
purchaser or third parties, natural wear and tear, incorrect or negligent handling –
in particular excessive stress – unsuitable operating materials, replacement
materials, defective construction work, unsuitable building ground, chemical,
electro-chemical or electrical influences, unless they are attributable to FairExperts - The customer shall not be entitled to claim compensation for damage that has
not occurred to the delivery item itself.
VIII. RIGHT OF CANCELLATION OF THE SUPPLIER AND PURCHASER
The purchaser may withdraw from the contract if Fair-Experts is finally unable to
fulfil the entire service before the transfer of risk.
- If a grace period agreed between the purchaser and Fair-Experts is not met through the fault of Fair-Experts the purchaser is entitled to withdraw from the contract.
- Fair-Experts has the right to withdraw from the contract if, after confirmation of the order, serious, negative changes occur in the economic circumstances of the purchaser, or if unforeseeable events within the meaning of Section IV occur.
Fair-Experts is also entitled to the right of cancellation if the impossibility of execution should subsequently become apparent. Claims for damages on the part of the customer due to such a cancellation do not arise in principle. If FairExperts exercises its right of withdrawal, it must inform the purchaser immediately after realising the consequences of the event, even if an extension or delivery period was initially agreed.
IX. PLACE OF FULFILMENT AND JURISDICTION
The place of fulfilment is the registered office of Fair-Experts.
- For all disputes arising from the contractual relationship, if the purchaser is a registered trader, a legal entity under public law or a special fund under public law, legal action is to be taken at the court responsible for the headquarters of Fair-Experts Fair-Experts is also entitled to sue at the headquarters of the purchaser.
- The relationship between Fair-Experts and the purchaser shall be governed exclusively by the law of the Federal Republic of Germany.
X. OTHER AGREEMENTS
The invalidity of individual provisions of these rental, delivery, assembly and payment conditions shall not affect the validity of the remaining conditions.