Generell Business Terms
- Area of Application
- Scope and Execution of the
Contract
- Particular Obligations of the
Supplier
- Obligations of the Customer
- Prices
- Terms of Payment
- Guarantee
- Protection of Work Products
- General Determinations
1. Area of
Application The performances are exclusively to be accepted and carried
out according to the following conditions of the company Recycon. These thus
apply for all future business relations also when these are not later expressly
agreed. At the latest when the goods or services are taken over then these
business terms and conditions are considered as accepted. Any counter
confirmations of the customer with indication to his business and or contract
conditions are herewith contradicted. Any deviations from these business terms
and conditions will only be effected if the customer has a written confirmation
from the supplier (Recycon Ltd) in writing.
2.
Scope and Execution of the Contract The object of the contract is the
agreed service (performance activity) which is carried out in the framework of
an orderly business execution by qualified staff of the supplier within the
agreed time period. The choice of the staff who carry out the service remains
the right of the supplier. Any verbally communicated contracts will only be
carried out at the risk of the customer. Explanations, confirmations or
agreements from members of staff require a written confirmation for validity.
Staff of the company Recycon Ltd are not authorised to make any subordinate
agreements or verbal agreements which exceed the content of the written
contract. Otherwise, the scope of service is exclusively based on the offer, as
well as, any written agreements in the confirmation of contract. Deadlines for
the carrying out of the contract work are not binding insofar as they have not
been confirmed as binding in writing.
3.
Particular Obligations of the Supplier The supplier is obliged to treat
any information about the business and the company of the customer as
confidential and, if desired, a corresponding confidentiality declaration will
be signed by the staff.
4. Obligations of
the Customer Insofar as it is necessary for an orderly execution of the
contract, the customer has the obligation to give full and correct details
about all the framework conditions. In the case of any incorrect details the
company Recycon Ltd is not responsible in particular for any damage which might
result from the incorrect information given by the customer. A later repair
work by the company Recycon Ltd due to incorrect details from the customer will
not be considered. The supplier will take the given details, in particular the
figures and details of the materials used as correct. The application technical
consultation of the company Recycon Ltd will be carried out to their best
knowledge , however are only a non-binding indication and do not free the
customer from making his own tests that the products supplied by Recycon Ltd
are suitable for the intended processes and purposes.
5. Prices The prices are agreed according to the
individual projects. HOAI (Tariff fees for architects and engineers) serves as
a basis guideline.
6. Terms of
Payment For all contracts the agreed contract performance price is with
the addition of the valid VAT at the time of the invoice. The agreed payment
is payable within 14 days after the invoice date without any deductions. In
the case of the customer receiving additional services over and above those
agreed, the, the additional costs will be separately invoiced according to the
working hours and the particular activity.
7.
Guarantee Recycon Ltd performs its services according to the level of
technology at the time of the contract agreement, and with the degree of care
which is normal in the branch. The guarantee period begins when the service and
agreed performance has been fully delivered. Recycon Ltd is liable for a
defect free service and obliged to a repair free of charge if this is not the
case. The claim to removal of any defects must be made by the customer
immediately and in writing. If the repair does not function, after a suitable
deadline period, then the customer can, according to choice, demand a reduction
in the payment. Insofar as the conditions are not otherwise regulated, then
Recycon Ltd is liable for a compensation payment in the case of violation of
the contract obligations only in the case of negligence or criminal intent.
This liability does not include, apart from intent, such unexpected or
unpredictable damage which may occur in a concrete contract from any incorrect
information given by the customer. All claims against Recycon Ltd, no matter
on what legal basis, have a statutory limitation period of 6 months after
completion of the service.
8. Protection of Work
Products The services of Recycon Ltd , insofar as these are suited for
this, remain in the copyright of Recycon Ltd. The customer may only use the
tables, calculations and other details within the framework of the contract
work for which it was agreed. Any publishing or copying of the work, in
particular for advertising purposes, as well as application of excerpts in
particular cases, require the written permission of Recycon Ltd. Any
inventions cannot be used as payment method. Recycon Ltd retains the right to
register their protected rights for any resulting invention.
9. General Determinations The customer may not
pass on any claims resulting from contracts with Recycon Ltd. to third
party. The venue, legal location, is Hamm. Recycon, however, can choose any
other venue in the case of legal dispute. The relationship between Recycon Ltd
and the customer in the legal sense, underlies German Law. Should any
individual determination in this General Business terms become either partly or
wholly invalid, then the remainder retain their validity. |