General Terms and Conditions (T&Cs)

PD Technik Maschinenbau GmbH Leverkusenstrasse 29, 22761 Hamburg, Germany

 


General Terms and Conditions (T&Cs)

§ 1 Scope of Application (1) These General Terms and Conditions (T&Cs) apply to all business relations between PD Technik Maschinenbau GmbH (hereinafter “Provider”) and its customers.

(2) These T&Cs apply exclusively to entrepreneurs (§ 14 BGB). Any conflicting terms from the customer shall only apply if expressly agreed upon in writing.

§ 2 Conclusion of Contract (1) Offers provided by the Provider are non-binding.

(2) A contract is only formed upon written order confirmation by the Provider or by the execution of the delivery/service.

§ 3 Prices and Payment (1) Prices are quoted net ex-works (EXW Hamburg), excluding statutory VAT.

(2) Invoices are due for payment within 14 days of the invoice date without any deductions.

§ 4 Delivery and Performance (1) Delivery dates are only binding if expressly confirmed in writing.

(2) Delays due to force majeure or unforeseen events entitle the Provider to postpone the delivery appropriately.

§ 5 Cancellation and Termination (1) Order cancellations by the customer require the written consent of the Provider.

(2) In the event of a cancellation, a cancellation fee of 50% of the gross order value shall be charged. Only 50% of payments already made will be refunded.

(3) Services already rendered or costs already incurred may be invoiced additionally.

(4) The customer explicitly retains the right to prove that the actual damage incurred by the Provider was significantly lower than the aforementioned flat rate.

§ 6 Retention of Title The goods remain the property of PD Technik Maschinenbau GmbH until full payment of all claims has been received.

§ 7 Warranty and Liability (1) The warranty period is 12 months from the date of delivery. Visible defects must be reported in writing within 7 days.

(2) The Provider is liable without limitation for intent and gross negligence. In cases of simple negligence, liability is limited to foreseeable, contract-typical damages.

§ 8 Governing Law and Jurisdiction (1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction is Hamburg, Germany.

§ 9 General Provisions Should any provision of these T&Cs be invalid, the validity of the remaining provisions shall remain unaffected. Amendments must be made in writing.

 

 

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