GENERAL TERMS AND CONDITIONS OF BUSINESS OF INTERGASTRO GMBH & CO. KG
The following conditions apply exclusively; We do not accept conflicting or deviating conditions of the customer, unless we have expressly agreed to their validity in writing. These conditions apply to all legal transactions between INTERGASTRO GmbH & Co. KG and your customers. Customers are traders or entrepreneurs. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity. The contract language is German.
2. Offer and Prices
All offers are non-binding, subject to prior sale. Reserve technical changes. This is especially true with respect to dimensions such as e.g. Device dimensions (length x width x height). If devices are used for installation purposes, this circumstance must be explicitly stated in the order. Dimensions must in this case be expressly stated by us. in addition to the standard texts of the article items. The product images given in the Internet shop or catalog may differ slightly from the actual product. This applies in particular with regard to the representation of colors. If required, color cards can be requested from us. The prices are net, plus VAT.
Deliveries within Germany are made ex warehouse Dortmund at the expense and risk of the customer. The goods are transported by us, unless otherwise agreed. The costs incurred in this regard shall be borne by the buyer and shall be compensated with the shipping fee. Packaging and padding materials are included. For voluminous and / or break-sensitive goods, they are shipped by pallet. The cost of the pallet is included. The pallets do not have to be exchanged. The current prices for shipping costs are listed under delivery and payment. For exports, we deliver the latest version according to Incoterms.
The period of limitation of warranty claims is limited to one year. This does not apply, as far as the law in accordance with. § 438 section 1, no. 2, 479 section 1 and 634a section 1 no. 2 BGB (Civil Code) prescribe longer periods and in cases of injury to life, limb or health, in the event of intentional or grossly negligent breach of duty by INTERGASTRO and in case of fraudulent concealment of a defect. The statutory provisions on suspension, inhibition and restart of the deadlines remain unaffected
Shipments are to be inspected immediately upon delivery for transport damage. In addition, the customer must duly fulfill his duties of investigation and complaint. We are to be informed immediately of any damage discovered.
In the case of a defect or a defect in title, our warranty is limited, with the exception of the case of delivery recourse in accordance with §§ 478, 479 BGB on supplementary performance. In this respect, we are entitled to repair or replacement at our discretion. If we fail to comply with this obligation within a reasonable period of time or if any subsequent improvement fails, the customer is entitled to reduce the purchase price or to withdraw from the contract.
Basically, we are entitled to multiple reworks to two reworks, unless this is objectively unreasonable for the purchaser in the individual case. The cancellation of the purchase contract is excluded, as long as there is only a negligible defect.
Damage and reimbursement claims of the customer, for whatever legal reason are excluded. However, this does not apply if it is mandatory to adhere to legal regulations, eg. For example, in accordance with the ProdHaftG (Product Liability Law), in cases of intent, gross negligence, injury to life, limb or health, for the violation of essential contractual obligations. However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical of the contract, unless there is intent or gross negligence or liability for injury to life, limb or health.
Claims of the customer due to the expenses required for the purpose of subsequent delivery or subsequent performance, in particular transport, travel, labor and material costs are excluded insofar as the expenses increase because the delivery item has subsequently been moved to a place other than the place of delivery. This does not apply in cases of delivery recourse according to §§ 478, 479 BGB.
Claims for defects do not exist with only insignificant impairment of the usability, with natural wear or tear as well as with damages that arise after the transfer of risk as a result of faulty or negligent treatment, unsuitable equipment, excessive stress or due to special external influences, which are not required by the contract. Even with improper repair work or changes on the part of the customer or a third party, there are no warranty claims against InterGastro for these and the resulting consequences.
Invoices, direct debit, advance payments are to be made exclusively to us directly according to the agreed conditions. Cash to name to the respective deliverer. Default of payment releases us from the delivery obligation without right of withdrawal of the buyer. If the payment is exceeded, interest will be charged i.H.v. 8 percentage points above base rate charged. We reserve the right to make subsequent changes to the method of payment. This also applies if an order confirmation has already been created. Credit card statements are made by BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt, Germany | HRB 28985 | Managing Director: Niklaus Santschi, Ja Kanieß, Dr. Götz Möller, Carl Frederic Zitscher | Supervisory Board Chairman: Ottmar Bloching .
If a customer does not accept the sold goods, then INTERGASTRO is entitled to insist on acceptance or to demand 15% of the (gross) purchase price as flat-rate compensation for damage and expenses. INTERGASTRO is entitled to prove and assert a higher level of damage. The buyer is free to prove that a lesser damage has occurred.
7. Retention of title
Until the fulfillment of all claims INTERGASTRO has against the Buyer, INTERGASTRO shall be granted the following securities, which shall be released upon request of INTERGASTRO's choice, if their value exceeds the claims by more than 20%.
The delivered goods remain the property of the seller. Processing or transformation always occurs for the seller as manufacturer, but without obligation for him. If the property or co-ownership of the seller ceases to exist through connection, it is already agreed that the ownership or co-ownership of the buyer in the unified object in proportion to the value (invoice value) passes to the seller. The buyer keeps that
(Co-) ownership of the seller free of charge. Goods at which the seller is entitled to co-ownership are referred to below as reserved goods.
The buyer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default.
Pledges or collateral assignments are inadmissible. The purchaser hereby assigns the claims resulting from the resale or any other legal reason (insurance, tort) with respect to the reserved goods to the seller in full. The seller revocably authorizes him to collect the claim assigned to the seller for his account in his own name. This direct debit authorization can only be revoked if the buyer does not meet his payment obligations properly.
In the case of access by third parties to the reserved goods, the buyer will point out the property of the seller and inform him immediately. Costs and damages paid by the buyer.
In case of breach of contract by the buyer - in particular default of payment - the seller is entitled to take back the goods subject to retention of title or, if applicable. Assignment of the surrender claims of the buyer against third parties. The return of goods as well as the seizure of the reserved goods by the seller does not constitute a withdrawal from the contract.
The buyer may only resell or use the delivered goods if his customer has not ruled out the assignment of the claim from the resale or further use. The buyer is obliged to ensure before reselling the goods subject to retention of title that his purchaser grants an authorization for the assignment to us in the required form.
Place of fulfillment and place of jurisdiction for both parts is Dortmund, Germany
INTERGASTRO Handelsgesellschaft mbH & Co. KG
Specialized trade for catering equipment
represented by the managing partner: V. Plate Verwaltungs GmbH: (personally liable))
These are represented by the managing director: Stefan Plate
Commercial Register GmbH: HRB 6537 - AG Dortmund
Commercial Register KG: HRA 13940 - AG Dortmund
Heiliger Weg 60g
Postfach 10 17 26
VAT identification number: DE 212778070