Terms & Conditions
General terms and conditions of IGUSTA GmbH
These general terms and conditions supplement the contracts concluded with our customers. Thereby, we have striven to ensure a balance between the interests of both parties. Please remember that we cannot individually negotiate every contractual relationship in detail. Certain principles apply equally to all contracts.
- Orders given to us are practically made binding by our written order confirmation. Deviations, in particular subsequent contractual requirements, require written contract. In certain cases, the telephonic contract is sufficient and binding.
- Our general terms and conditions are exclusively applicable. Conflicting or deviating terms and conditions of the customer are not binding for us, unless we have expressly agreed to their validity. Our general terms and conditions apply even when we carry out deliveries with knowledge of conflicting or deviating terms and conditions of the customer or perform works.
- If official or other approvals must be obtained for the execution of the contract, it will be the responsibility of the customers.
II. Delivery of items, execution of
Work services: Time
- We strive to precisely adhere to the time specified in the order acknowledgement for the delivery of items, or for the completion of ordered works. We will send intimation of delays, however, we can only indicate approx. dates, barring some exceptions. If the specified time is exceeded by more than four weeks, then the customer is entitled to withdraw from the contract after the expiry of an extended period of two weeks to be specified in writing. We are compelled to exclude any further entitlements of the customer provided we have not committed any intentional acts. The customer cannot withdraw, if we prove that the delay is not due to us. This applies, even if we are prevented from complying with the deadline due to force majeure, such as strike, lock-out or as a result of government orders, requirements, etc. The execution of the contract is pursued as soon as the obstacle is removed.
- If the execution of the contract is prevented due to circumstances attributable to the customer, we have the right to withdraw from the contract after one-time reminder and claim damages for non-performance.
- In the event of default of acceptance, we have the right to demand for all associated costs for unsuccessful delivery, storage, etc.
- Transfer of risk with regard to loss of an item to be delivered, in the case of damage and such like during handover; transfer of risk with regard to the work completed by us, in the case of damage and such like during acceptance. In case shipping has been agreed upon, the risk lapses with the despatch and in the case of delayed acceptance at the time of the agreed delivery date.
III. Reservation of service, compensation for damage
- In the case of default or arrears of payment, we reserve the right either to withdraw from the contract and to demand damages for non-performance or to deliver or to take action only after advance payment or against cash on delivery in the case of bankruptcy and application for court protection from creditors or on becoming aware of enforcement measures against the customer. If advance performance is denied by the customer, we are entitled to withdraw from the contract and to enforce compensation for non-performance.
- In case of withdrawal, we have the right to demand 20% of the contract amount as lump-sum damages. Both we and the customer are at liberty to submit evidence for a higher or lower actual damage, which will then replace the lump-sum damage.
IV. Prices, payments
- Our indicated prices are net prices for business customers; VAT should be added to these prices. We give the final price for other customers.
- If the delivery or the execution of the ordered work is delayed by more than four months and if this delay is not attributable to us then we would charge the price which is valid at that time.
- Unless otherwise agreed upon, invoices will become due immediately after receipt without any deduction. In case of payment in arrears, we will charge standard bank interest.
V. Warranty for deliveries
- The delivered item should be inspected immediately after receipt for defects and completeness. Complaints should be brought to our notice immediately in writing, else the items will be deemed to have been accepted without complaints.
- If our items have been delivered with defects, then we will replace or rework for the customer free of charge. As such, no further claims of the customer will be entertained. However, if even the second re-delivery or the rework attempt fails and persisting deficiency is established, the customer has the right to appropriately reduce the purchase price or to withdraw from the contract. All further claims are precluded by us.
VI. Warranty for works to be executed
We carry out the orders assigned to us with utmost care and in compliance with all legal provisions and government regulations.
- A prerequisite for successful activity is the provision of comprehensive information by the customer, in particular about the special features of the object to be worked on. We have the right to reject the execution of an accepted order, if subsequently circumstances arise which could not be expected at the time of order placement and, as a result, the agreed activities have become unjustifiable. This applies especially if the execution is associated with risks, which can be countered only with disproportionately high expenditure. Claims for damages are excluded in such cases. The costs incurred up to the completion of the work have to be reimbursed.
- During the performance of the works the customer should follow the instructions of our staff. Otherwise, we can reject the performance and demand damages for non-performance.
- Despite great care it cannot be ruled out that the intended success can elude an action. In this case, right for rectification lies with us. However, if even the second rework attempt fails and a persisting deficiency is established, the customer has the right to appropriately reduce the agreed remuneration or to withdraw from the contract. We will not entertain further claims, in particular claims for damages, even indirect in nature, unless intentional or grossly negligent behaviour can be attributed to us.
VII. Reservation of ownership
- The item to be delivered will remain our property until full payment. Therefore, it must previously not be resold or transferred by way of security. If the item is resold despite this restriction, then we will be entitled to claim for compensation from third parties.
- The customer should immediately inform us about seizure of items subject to reservation of ownership.
- Until the complete payment is made, any processing or modification of the purchased item by the customer will be considered to have been carried out for us. If the purchased item is processed with other items not belonging to us, then we shall acquire co-ownership of the new item in proportion to the value of the item in comparison to the other processed objects at the time of processing. The same applies to the item resulting from the processing as to the purchased item delivered subject to retention of title. If the purchased item is inseparably mixed with other items not belonging to us, then we shall acquire co-ownership of the new item in proportion to the value of the item in comparison to the other mixed objects at the time of mixing. If mixing is done in such a way that the item of the customer is considered as the principal thing, it applies as agreed that the customer will transfer co-ownership proportionately to us. The customer shall preserve the thus created sole ownership or co-ownership for us.
VIII. Final clause
- If any of the above provisions is ineffective, it shall be superseded by the pertinent statutory provision. However, the remaining clauses of our general terms and conditions will not be affected.
- In the event that litigation should arise from or become necessary pertaining to the contractual relationship, provided the jurisdiction clause is allowed, this should be filed before the District Court Bensheim or the Regional Court Darmstadt.