1. general
These General Terms and Conditions (GTC) apply to all legal transactions between the imt Tool Solutions GmbH (hereinafter referred to as the “Provider”) and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (hereinafter referred to as the “Customer”), including within the European Union (EU). Any terms and conditions of the Customer that conflict with or deviate from these GTC shall not be recognized unless the Provider expressly agrees to their validity in writing.
2. conclusion of contract
Our offers are subject to change and non-binding. An order placed by the customer shall only be deemed to have been accepted once it has been confirmed in writing by the supplier. Technical details in brochures or on the website do not constitute guaranteed properties. Drawings, samples and documents remain our property and may only be passed on to third parties with our consent.
3. prices & VAT regulations within the EU
The list prices of the price list valid at the time of delivery apply, ex works. We charge a handling fee of EUR 25 for small orders with a value of less than EUR 150. All prices are subject to the applicable statutory VAT. For deliveries to customers within the EU, VAT is not charged if a valid VAT identification number (VAT ID number) is available (reverse charge procedure in accordance with Art. 196 of the VAT Directive).
4 Delivery and transfer of risk
Delivery shall be at the expense and risk of the customer. The risk shall pass to the customer upon handover to the transportation company. Partial deliveries are permitted. If delivery is delayed for reasons for which the customer is responsible, any additional costs incurred shall be borne by the customer. Force majeure or unforeseen events shall entitle us to extend the delivery period appropriately or to withdraw from the contract.
5. shipping
The shipping costs are calculated according to the current shipping costs price list (see www.imt-isolox.com). We reserve the right to choose the shipping method. Any customs duties, import taxes or other country-specific charges shall be borne by the customer.
6. notice of defects and warranty
Obvious defects must be reported to us in writing immediately, but at the latest within 10 days of receipt of the goods. Hidden defects must also be reported immediately after discovery. The warranty is provided in accordance with the provisions of the manufacturer and within the framework of the applicable law. The warranty is limited to repair or replacement. Claims for damages are excluded, except in cases of intent or gross negligence. The limitation period for warranty claims shall be governed by the statutory provisions.
7. return of goods
Goods will only be taken back by prior agreement and only for resalable goods. For this we charge a handling fee of 30% of the value of the goods, but at least EUR 50. Custom-made products are excluded from return.
8. payment
Our invoices are due and payable in accordance with the invoice details. In the event of late payment, we shall charge interest on arrears at a rate of 8% above the respective base interest rate in accordance with Section 288 (2) BGB.
9 Liability and compensation
The provider is only liable for intent and gross negligence. In the event of simple negligence, we shall only be liable for breach of material contractual obligations and limited to typically foreseeable damage. Liability for loss of profit or indirect damage is excluded, except in the case of intentional or grossly negligent breach of duty.
10. reservation of title
The delivered goods shall remain our property until full payment has been made. The customer is entitled to resell the goods in the ordinary course of business. In doing so, he hereby assigns his claims to us in the amount still outstanding. We are entitled to disclose this assignment if the customer is in default of payment.
11. digital communication
The customer agrees that orders, order confirmations, invoices and other communications may be made electronically (by e-mail).
12. data protection
Personal data will only be processed in accordance with the applicable data protection regulations. For further information, please refer to our privacy policy at www.imt-isolox.com.
13. exclusion of the UN Convention on Contracts for the International Sale of Goods
The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply to contracts between the supplier and the customer.
14. partial invalidity
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a legally compliant provision that comes closest to the economic purpose.
15 Place of fulfillment and jurisdiction
The place of performance for all obligations arising from this contract is the registered office of imt Tool Solutions GmbH. The place of jurisdiction for all disputes is Weilheim, provided the customer is a merchant within the meaning of the German Commercial Code (HGB). The contractual relationship shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
These GTC shall enter into force with immediate effect.
- Place of fulfillment: D-82383 Hohenpeißenberg
- Place of jurisdiction: D-82362 Weilheim