General Terms and Conditions of Business as of May 2021 for companies, legal entities under public law and public institutions
§ 1 General
1. Our General Terms and Conditions of Sale shall apply to all deliveries and services provided by IWT Infrarot-Wärmetechnik GmbH to companies, legal entities under public law.
2. We do not recognise any terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions of Sale unless we have expressly agreed to their validity in writing. Our General Terms and Conditions of Sale shall also apply if we carry out the delivery to the customer without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions of Sale.
3. All agreements between us and the customer, in particular ancillary agreements and amendments to the contract, must be in text form to be valid. The written form requirement regulated in some places in these terms and conditions remains unaffected.
4. Should individual provisions of these General Terms and Conditions of Sale and Delivery be invalid, this shall not affect the validity of the remaining provisions.
§2 - Offers and conclusion of contract
1. Our offers are subject to change and non-binding. The contract shall not be concluded until we confirm it in writing.
2. Supplements, amendments or ancillary agreements must be made in text form and shall only be deemed to have been accepted if they are confirmed in writing.
3. If we agree to the cancellation of a contract without the client having a legal or contractual right of withdrawal, all services rendered will be charged at 100% up to this point.
4. delays, incorrect deliveries, incorrect services etc. caused by information not provided or incorrect information are the sole responsibility of the customer.
5. At the start of the project or order, the client undertakes to provide all information that is necessary and/or prescribed for the processing without being asked to do so. It is the client's responsibility to check the accuracy of this information.
6.We reserve the property rights and copyrights to all illustrations, drawings, price documents, calculations and other notes and technical information on the products provided by us. They may not be made accessible to third parties unless we give our express written consent. Obvious errors, printing, calculation, spelling and calculation errors are not binding for us and do not give rise to any claim for performance or compensation.
7. The contract languages are exclusively German or English.
§3 - Prices
1. Prices are quoted in euros and are ex works (Incoterms 2010 EXW), excluding ancillary costs such as freight, customs duty and packaging. Any other form of delivery terms requires our written consent.
2. value added tax is not included in our prices and will be shown separately at the statutory rate on the day of invoicing.
§4 - Payment
1. Payment for new customers and customers in non-European countries shall be made exclusively 100% before delivery. Other terms of payment require our written consent.
2. any other payment terms or agreements must have our written consent.
3. charges for payments outside the FRG such as bank charges or discount charges must be borne by the customer and may not be deducted from us.
4. if the customer is in default of payment, we are entitled to demand interest on arrears in the amount of 5% above the respective interest rate of the Deutsche Bundesbank p.a.. Furthermore, we are entitled to suspend the delivery of ordered goods - even if they relate to another order - in whole or in part until payment has been made in full.
§5 - Delivery
1. the delivery dates and deadlines stated by us are non-binding unless otherwise agreed in writing.
2. compliance with delivery dates shall be subject to the timely fulfilment of the customer's advance performance obligations necessary for the delivery. The delivery period shall commence after clarification of all details of the execution of the order (release and binding acceptance) and receipt of all documents required for the execution of the order and other information to be provided by the customer and, if agreed, after receipt of a corresponding down payment. The delivery period shall also be deemed to have been met if the goods are in our warehouse at the agreed time or the customer has been notified of readiness for dispatch, but the goods cannot be dispatched in time through no fault of our own.
3. The delivery period shall be extended appropriately in the event of measures within the scope of industrial disputes as well as the occurrence of unforeseen obstacles which we cannot reasonably be expected to influence, insofar as these have a significant influence on the completion or delivery of the goods. This shall also apply if the circumstances occur at sub- suppliers and we cannot reasonably procure a replacement elsewhere.
4. Unless otherwise stated in the order confirmation, delivery "ex warehouse" is agreed. The risk of loss or deterioration shall pass to the customer when the goods are handed over to the forwarding agent, carrier or any other transport person, including the customer's own.
5. If dispatch is delayed due to circumstances for which we are not responsible, the risk shall already pass to the customer upon notification of readiness for dispatch. The same applies if the customer is in default of acceptance.
6. We may refuse delivery if it becomes apparent after conclusion of the contract that our claim to counter-performance is jeopardised by the customer's lack of ability to pay. Our right to refuse performance shall not apply if the counter-performance is effected or security is provided for it. We may set a reasonable period of time within which the customer shall, at its option, either effect counter-performance or provide security concurrently with the delivery. After unsuccessful expiry of the deadline, we may withdraw from the contract.
7. deliveries that may be delayed due to customs treatment cannot be charged to us. The customer must find out in advance which requirements must be met for the import.
8. Brexit means the withdrawal of the United Kingdom from the European Union, including all periods after 31 January 2020 in which this withdrawal is completed. Consequences of the Brexit could be that the cross-border processing and/or delivery of goods by IWT Infrarot- Wärmetechnik GmbH in the United Kingdom will be slowed down.
We would therefore like to point out to you as our customer that we as IWT Infrarot- Wärmetechnik GmbH are not responsible for the import formalities, customs duties and other changes in the area of goods traffic associated with the withdrawal of the United Kingdom.
After the United Kingdom's withdrawal from the European Union, it will be considered a third country. Furthermore, we will invoice you as our customer for all applicable customs duties for export from the European Union.
9. if the value of goods of a delivery exceeds 1000€, we will prepare customs documents and declare the goods for export at the responsible customs office. All costs (€75.00 lump sum) are to be borne by the customer.
§6 - Limitation of Liability/Limitation of Claims arising from Producer's Liability according to §823 BGB
1. claims for damages against us are excluded, with the exception of the following cases in which the liability for damages is limited to the foreseeable damage.
a) We shall be charged with intent or gross negligence;
b) the customer asserts a claim for damages due to the absence of a contractually warranted characteristic;
c) We have negligently breached a contractually stipulated obligation; in this case, however, our liability to pay compensation for property damage and personal injury is limited to the sum insured under our business or product liability insurance; we are prepared to provide an insight into our policy at the customer's request;
d) in the case of claims under the Product Liability Act;
e) in the case of claims due to initial inability or justifiable impossibility;
Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, staff, workers, representatives and vicarious agents.
§7 - Retention of title
1. Until all claims to which we are entitled against the customer for any legal reason have been satisfied, we shall be granted the following securities, which we shall release at our discretion on request, insofar as their value exceeds the claims by more than 20% on a sustained basis.
2. The goods shall remain our property. Processing or transformation shall always be carried out for us as manufacturer, but without any obligation for us. If our (co-)ownership expires due to combination, it is already agreed now that the (co-)ownership of the purchaser in the uniform object shall pass to us in proportion to the value (invoice value). The customer shall keep our (co-)ownership in safe custody free of charge. Goods to which we are entitled to (co-)ownership are hereinafter referred to as reserved goods.
3. the purchaser is entitled to process and sell the reserved goods in the ordinary course of business, but only under the following conditions.
a) He must not be in default;
b) there must be no obstacles to the transfer to us of the claims resulting from the resale;
c) the purchaser's customer must not be entitled to set-off against a counterclaim;
d) for his part, he may only resell the goods subject to retention of title.
4. pledges or transfers of ownership by way of security are not permitted. If, after conclusion of the contract, we become aware of circumstances which are likely to reduce the creditworthiness of the customer, we may at any time prohibit the resale of the goods delivered under retention of title. The customer hereby assigns to us in full any claims arising from the resale or any other legal reason with regard to the goods subject to retention of title. We hereby accept the assignment. We authorise the customer to collect the claims assigned to us in his own name. This authorisation may be revoked at any time.
5. In the event of access by third parties to the goods subject to retention of title, the customer must point out our ownership and notify us immediately. In the event of breach of contract by the customer, we shall be entitled to take back the goods subject to retention of title at the customer's expense.
§8 - Liability for defects
To the exclusion of any further warranty claims, we shall provide the following warranty:
1. claims for defects on the part of the customer presuppose that the customer has properly fulfilled its obligations to inspect and give notice of defects in accordance with § 377 of the German Commercial Code (HGB). The notification of defects must be made in writing.
2. If there is a defect for which we are responsible, we are entitled, at our discretion, to remedy the defect or to make a replacement delivery. In the event of rectification, we shall be obliged to bear all necessary expenses. This does not apply to changes to the goods requested after conclusion of the contract!
3. If we are not willing or able to remedy the defect/replacement delivery or if the remedy of the defect/replacement delivery fails in any other way - influences due to force majeure excluded - the customer shall be entitled, at his option, to withdraw from the contract or to demand a corresponding reduction of the purchase price.
4. a warranty shall only be provided for such defects that are already present at the time of the transfer of risk
5. The warranty does not cover natural wear and tear, nor does it cover damage resulting from incorrect or negligent handling/operation, excessive stress or unsuitable operating materials. Furthermore, the warranty excludes disregard of the operating and operating instructions. Damage caused by improper or non-intended use is not covered by the warranty.
6. Our warranty obligation shall be cancelled by any modifications or repair work carried out by the customer or a third party without our prior written consent.
7. the customer must give us the necessary time and opportunity to carry out all repair work and replacement deliveries that we deem necessary after consultation with us. We do not assume any warranty or liability vis-à-vis fully qualified merchants in the case of delivery of third-party products. We therefore now already assign our warranty rights to the supplier to the orderer.
§9 - Additional conditions for delivery of complete plants
1. the order value includes the preparation of the documentation according to IWT standard, in German language. Languages of EU countries are available by arrangement. Outside the EU, the standard delivery of the documentation is in German and English. The delivery of translations for non-EU countries is possible for an additional charge. The binding language specification must be made with the order. A later change is not possible.
2. special formats for the documentation will only be realised at extra cost, unless binding information on this was available when the order was placed in writing.
3. the order value includes all work envisaged in the preliminary planning. If changes are required during the execution of the order or subsequently, these will be invoiced.
4. systems are delivered completely assembled in accordance with the article description in the order confirmation, insofar as it is possible to ship them in this form. If it is necessary to disassemble the ordered system for transport, the assembly costs at the installation site shall be borne by the recipient.
5. If assembly and / or commissioning or supervisor work is planned by us at the installation site, all costs for this will be invoiced separately. For countries outside the EU, visa costs will be charged additionally. Notification of the assembly, commissioning or supervisor activity must be made with the written order, at the latest 14 days after this.
§10 - Data protection
1. In accordance with § 33 of the Federal Data Protection Act, the customer is informed that his data will be stored by us and processed for the fulfilment of the order. The data will be processed in compliance with the Federal Data Protection Act.
§11 - Place of performance and jurisdiction
The place of performance for all mutual obligations is Limeshain. The place of jurisdiction is Büdingen.
General Terms and Conditions for Private Individuals/Consumers
§ 1 Scope and provider
(1) These General Terms and Conditions apply to all orders that you place with us.
IWT Infrared Heat Technology GmbH Heegwaldring 10
63694 Limeshain operate.
(2) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with private individuals, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to.
(3) The contract language is exclusively German.
§ 2 Conclusion of contract
(1) The presentation of goods in the shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the shop.
(2) The seller is authorised to accept an order received from the buyer within two days of its receipt. The purchase contract between the seller and the buyer is only concluded through the seller's acceptance of the offer.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we dispatch the goods to you - without prior express declaration of acceptance.
§ 3 Prices
(1) The prices stated on the item pages of the online shop are displayed with and without statutory VAT and include other price components. In addition, the statutory value added tax is always shown separately. However, the prices apply plus delivery and shipping costs, unless free of shipping and/or packaging costs.
§ 4 Terms of payment; Default
(1) All available payment methods are visible in the shop.
(2) The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment, for example only advance payment to safeguard our credit risk.
(3) In the case of payment by credit card, the purchase price is reserved on your credit card at the time of the order (authorisation). The actual charge to your credit card account will be made at the time we dispatch the goods to you.
(4) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(5) If you are in default with a payment, you are obliged to pay the statutory interest on arrears in the amount of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.
§5 Offsetting / Right of Retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
§6 Delivery; Retention of Title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you.
(2) The goods remain our property until the purchase price has been paid in full.
(3) We are exceptionally not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods which are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
§ 7 Right of withdrawal
As a consumer, you have a right of withdrawal.
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must send us
Name: IWT Infrarot-Wärmetechnik GmbH
Address: Heegwaldring 10, 63694 Limeshain
Telephone number: 06044 950 850
E-mail address: firstname.lastname@example.org
by means of a clear declaration (e.g. a letter sent by post, e-mail or also by telephone) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we must refund all payments we have received from you, excluding delivery costs, without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract to
Name: IWT Infrarot-Wärmetechnik GmbH
Address: Heegwaldring 10, 63694 Limeshain
to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of fourteen days. We do not bear the costs of returning the goods. The original packaging must be used for the return of the goods, especially in the case of infrared radiators. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
§ 8 Transport damage
(1) If goods are delivered with obvious transport damage, please complain about such faults immediately to the delivery company and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB).
(2) In all other respects, the statutory provisions shall apply to the warranty.
§ 10 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
§ 11 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without having to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
We will endeavour to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
§ 12 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.