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The following general terms and conditions, consequently the sales and delivery conditions of Ch.Batsch Verfahrenstechnik GmbH apply from July 6th, 2015; beyond that, they always apply exclusively, unless otherwise agreed in writing.
Changes to or deviations from the following terms and conditions only apply if Ch.Batsch Verfahrenstechnik GmbH has given its written consent.
Ch.Batsch Verfahrenstechnik GmbH expressly does not recognize terms and conditions of the customer that contradict or deviating from the following terms and conditions. Recognition of deviating terms and conditions requires the written consent of Ch.Batsch Verfahrenstechnik GmbH.
The following terms and conditions also apply in the event of an unconditional delivery to the customer if Ch.Batsch Verfahrenstechnik GmbH is aware of terms and conditions of the customer that contradict or deviate from the following terms and conditions.
The offers specially and individually created by Ch.Batsch Verfahrenstechnik GmbH are binding and, unless otherwise noted in the offer, are binding for 2 months from the date of written delivery to the interested party / purchaser.
Spelling and / or calculation errors in offers and / or order confirmations, which are based on an obvious error, are not bond to Ch.Batsch Verfahrenstechnik GmbH and can be questioned in writing and therefore changed by them within 5 working days of being sent to the customer in writing. Consequently, the obviously intended explanation applies.A contract with Ch.Batsch Verfahrenstechnik GmbH is always concluded if the deadline for accepting the offer is met and the payment terms (see clause IV of these AGB) are observed in accordance with the offer and a written order confirmation is given by Ch.Batsch Verfahrenstechnik GmbH .
In addition, after an unsuccessful payment reminder, Ch.Batsch Verfahrenstechnik GmbH also charges a default fee of € 40.00 with the first reminder, see Section 288 (5) of the German Civil Code (BGB) .
In addition, Ch.Batsch Verfahrenstechnik GmbH is entitled to deliver to the customer in the event of default in payment and after issuing the 2nd reminder, in future only against prepayment.
In the event of verifiable, higher damage caused by delay, Ch.Batsch Verfahrenstechnik GmbH is entitled to assert this. The customer reserves the right to refute this.
All necessary structural measures, including the energy supply, are and will not be part of the contract at any time, the costs for this are borne exclusively by the customer.
For the installation, the customer must provide auxiliary personnel, other necessary devices and materials at his own expense.
Furthermore, the customer must fully reimburse the costs of travel and accommodation, as well as the valid hourly and daily rates of Ch.Batsch Verfahrenstechnik GmbH and its employees.
In the event of seizure, confiscation or other disposal by third parties, the customer must notify Ch.Batsch Verfahrenstechnik GmbH immediately and without reservation.
In the event of behavior contrary to the contract, Ch.Batsch Verfahrenstechnik GmbH is entitled to take back the goods subject to retention of title as well as rental systems after a reminder, this applies in particular to default in payment.
Resale by the customer is not permitted without the consent of Ch.Batsch Verfahrenstechnik GmbH, unless otherwise agreed.
Furthermore, the customer has to insure the delivery item up to the complete transfer of ownership, as well as rental equipment against theft, breakage, fire, water and other damage. Proof of this must be presented on our part upon request.
Used goods, reconstruction, expansion and repairs are excluded from the guarantee.
The customer must report defects of any kind immediately, but not later than two weeks after delivery and assembly, with a comprehensible description of the defect. If the defect is not reported in time within the specified period, the warranty claim is null and void.
In the event of reported defects, Ch.Batsch Verfahrenstechnik GmbH is entitled to remedy defects by repairing them or by delivering goods free of defects within a reasonable period of time. In this respect, the customer does not have a right to choose.
Ch.Batsch Verfahrenstechnik GmbH bears the costs incurred for repairs or replacement deliveries, provided that a complaint is justified.
The guarantee is always excluded if the defect is due to improper handling and/or operation.
Furthermore, the guarantee is always void if the delivery item is not changed or repaired by Ch.Batsch Verfahrenstechnik GmbH or agents authorized by Ch.Batsch Verfahrenstechnik GmbH.
In this case, unauthorized returns only take place with the written approval of Ch.Batsch Verfahrenstechnik GmbH.
Any costs incurred in this regard are to be borne by the customer.
If Ch.Batsch Verfahrenstechnik GmbH becomes aware after the conclusion of the contract that the customer is in an unfavorable financial position, it can request security for the consideration or reserve the right to withdraw from the contract while charging the expenses already occurred. Furthermore, Ch.Batsch Verfahrenstechnik GmbH has the right to withdraw from the contract in whole or in part, in the event of unforeseen events and in the event of subsequent impossibility.
Unless otherwise agreed, Ch.Batsch Verfahrenstechnik GmbH is fully liable for intent and gross negligence of its own actions, legal representatives and vicarious agents, as well as for damage from injury to life, body and health, which Ch.Batsch Verfahrenstechnik GmbH, the legal representatives or the vicarious agents have to represent.
Ch.Batsch Verfahrenstechnik GmbH is basically liable for other culpable breaches of essential contractual obligations. The above-mentioned limitations of liability also apply in favor of the employees of Ch.Batsch Verfahrenstechnik GmbH. Moreover, liability is excluded. Furthermore, the regulations of the Product Liability Act remain unaffected.
The place of jurisdiction for all disputes arising from this contract is unrestrictedly Bonn. However, we reserve the right to sue the customer at his place of jurisdiction.
UN sales law is not applicable, this contract is exclusively subject to the law of the Federal Republic of Germany.