General terms and conditions of business
1.1 These general terms and conditions apply exclusively to all contracts between arcotec GmbH and companies and legal entities under public law. The general terms and conditions of the business partners do not become part of the contract unless arcotec GmbH has expressly agreed to their validity in writing.
1.2 “Customers” within the meaning of these General Terms and Conditions are exclusively entrepreneurs.
1.3 “Entrepreneurs” within the meaning of these GTC are natural or legal persons who, when concluding the legal transaction, act in the exercise of their commercial or self-employed professional activity (§ 14 Para. 1 BGB).
- Contracting Party
The contract is concluded between you and arcotec GmbH. The contact details are:
Legally represented by the managing director Fritz P. Bloss
Register court Mannheim
VAT ID: DE144525337
- Conclusion of contract, prices and terms of payment
3.1 The ordering of the goods by the customer is considered a binding contract offer in accordance with Section 145 of the German Civil Code. Unless otherwise stated in the order, arcotec GmbH is entitled to accept this contract offer within ten (10) days of receipt. Acceptance is declared in text form (e.g. by order confirmation by e-mail, fax or post).
3.2 The prices stated on the day of the order are decisive, which do not include the applicable statutory sales tax and plus the delivery, freight and shipping costs.
3.3 Unless otherwise agreed, all payments must be made on account or in advance.
3.4 arcotec GmbH is entitled, despite the customer’s provisions to the contrary, to initially offset payments against any existing older residual debts. If costs and interest have already been incurred, arcotec GmbH is entitled to offset payments first against the costs, then against the interest and finally against the main claim.
3.5 A payment is only deemed to have been made when arcotec GmbH can dispose of the amount unconditionally.
4.1 Unless otherwise agreed, the goods are delivered ex works. This place is considered the place of performance.
4.2 The customer has to bear the delivery costs; unless arcotec GmbH undertakes in writing to bear the costs of the delivery.
4.2 The risk of destruction, loss or damage to the goods is transferred to the customer when they are dispatched, handed over to a transport company or, if they are collected by the customer, when they are made available.
4.3 Correct and timely delivery to arcotec GmbH remains reserved.
4.4 arcotec GmbH is entitled to make partial deliveries and partial services at any time, provided this is reasonable for the customer.
4.5 If the customer is in default of acceptance, fails to cooperate or if the delivery is delayed for other reasons for which the customer is responsible, arcotec GmbH is entitled to reimburse the resulting damage, including any additional expenses (in particular storage costs and costs of return transport). to demand.
5.1 arcotec GmbH, as the seller, initially provides a warranty for defects in the goods through repair or replacement delivery, at its own discretion.
5.2 The customer is obliged to inspect the goods immediately upon receipt for any defects and to report obvious defects in writing immediately – at the latest within a period of five (5) days from receipt of the goods. Otherwise, the assertion of warranty claims is excluded, and the goods are therefore deemed to have been approved in accordance with Section 377 (2) of the German Commercial Code (HBG).
5.3 The warranty period is one year from delivery of the goods. This does not apply if arcotec GmbH has fraudulently concealed a defect. The warranty is excluded for defects that the customer is aware of at the time the contract is concluded or is unaware of due to gross negligence.
6.1 The liability of arcotec GmbH, for whatever legal reason, is limited to the foreseeable damage that is typical for the contract.
6.2 This does not apply
(1) for the breach of essential contractual obligations, i.e. contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely,
(2) for damage to body, life and health,
(3) for intentional or grossly negligent breaches of duty by arcotec GmbH, its legal representatives or its vicarious agents,
(4) for liability under the Product Liability Act and
(5) for claims arising from guarantees.
- Retention of Title
7.1 The goods remain the property of arcotec GmbH until all liabilities, including ancillary claims, claims for damages and encashment of checks and bills of exchange, have been met in full. The retention of title remains in place even if individual claims of arcotec GmbH are included in a current account and the balance has been drawn and acknowledged.
7.2 The customer is entitled to use, exploit or resell the goods in the ordinary course of business. The customer is prohibited from pledging or assigning security during the existence of the retention of title.
7.3 Processing or transformation in the customer’s area is always carried out for arcotec GmbH, but without acquiring any claims against it due to the processing. If arcotec GmbH’s (co-)ownership expires as a result of connection, it is already agreed that the customer’s (co-)ownership of the uniform item shall be transferred to arcotec GmbH in proportion to the value (invoice value). The customer keeps the (joint) property of arcotec GmbH free of charge.
- Set-Off and Right of Retention
The customer is not entitled to set-off or retention due to his own claims that are not undisputed or legally established.
- Privacy & Confidentiality
9.1 The customer’s inventory data will only be used to process the order on the legal basis of Article 6 (1) (b) GDPR. All customer data is stored, processed and deleted in accordance with the statutory deadlines in compliance with the relevant provisions of the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR).
9.2 The customer has the right to free information, correction, blocking and deletion of the transferability of the stored data at any time.
9.3 Further information is provided under the menu item “Data protection” as a retrievable data protection declaration of arcotec GmbH.
9.4 The customer treats all non-public commercial and technical data and documents (collectively: information) that become known in the context of the joint business relationship as confidential. This information may only be passed on with the consent of arcotec GmbH.
- Subject to change
10.1 arcotec GmbH is entitled to change these conditions unilaterally, insofar as
(1) unforeseeable and uncontrollable changes, also of a technical nature, have occurred after the conclusion of the contract or
(2) gaps were revealed or
(3) Regulations have been declared invalid by judicial development of the law
Disturbances of equivalence between performance and counter-performance arise. Excluded from this are changes that affect the main performance obligations of arcotec GmbH and the customer.
10.2 The customer will be informed of any changes to these terms and conditions in text form.
- Final Provision
11.1 Contract language is German. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. Mandatory provisions of the country in which the customer has his habitual residence remain unaffected by this regulation.
11.2 Should individual provisions of the contract be ineffective, this shall not affect the validity of the remainder. In this case, the contracting parties undertake to agree on a regulation that corresponds to the economic purpose of the ineffective provision. The same should also apply if a gap that needs to be filled becomes apparent during the execution of this contract.
11.4 The place of performance and place of jurisdiction for all services arising from the contractual relationship is the seat of arcotec GmbH.