General Terms and Conditions

For our German customers, the General Conditions of Sale of the VDMA in their currently valid version apply.

For our customers outside Germany, the ORGALIME - General Conditions for the Supply of Mechanical, Electrical and Electronic Products (S 2012) and Appendix ORGALIME S 2012 apply. We will supply these upon request in their currently valid version in the languages German, English, French, Spanish, Portuguese and Italian. Please contact us at info@voploe.de.

The delivery and service contract is only concluded by our written order confirmation.

1. A binding price shall only be determined by our order confirmation and subject to the proviso that the order data on which the order confirmation is based remain unchanged. Our prices are ex works in EURO plus the statutory value added tax applicable at the time of delivery, unless otherwise specified.
   Packaging, postage, insurance, and other shipping costs are not included and will be invoiced additionally.
    
2. Changes to the object of the work made at the request of the purchaser after the order has been confirmed shall be charged to the purchaser.

Production-related excess or short deliveries of up to 10% of the ordered quantity are permissible.

1. We are entitled to make partial deliveries.
2. The agreed delivery times refer to the date of dispatch of the goods. They shall be deemed to have been complied with if the goods leave the factory on this date or the Purchaser is notified that the goods are ready for delivery.
3. The agreed delivery period shall always apply after clarification of all technical and commercial details and subject to the fulfillment of the Purchaser's contractual obligations. In this respect, the delivery periods are generally non-binding. Delivery dates shall only be binding if the delivery date has been confirmed in writing to the Purchaser as binding.
4. If an action of the Purchaser is required for the manufacture of the work or for the performance of the delivery, the delivery period shall not commence until such action has been performed in full by the Purchaser.
5. If the delivery period is exceeded, the Purchaser shall grant a reasonable grace period which shall not be less than three weeks.
6. If the delivery time, including the reasonable grace period, is not met, we shall be liable exclusively for the invoice value of the quantity of goods that was not delivered on time, up to a maximum of the negative interest.
7. Vis major, operational disruptions and similar unforeseeable circumstances for which the Contractor is not responsible shall release us from compliance with the delivery deadlines for the duration of the operational disruption plus a reasonable period of time necessary for the fulfillment of our contractual obligations. In these cases, the customer is in particular not entitled to withdraw from the contract and/or to claim damages.

1. The warranty period shall be two years for newly manufactured items and one year for used, reworked items from the date of delivery.
   If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the warranty period shall be one year.
   The Purchaser shall inspect the goods immediately after delivery to ensure that they are free of defects. Obvious defects shall be notified to the Contractor in writing immediately, but at least within one week after receipt of the goods. If obvious defects are not reported, not reported in time or not reported in the correct form, the warranty shall not apply in this respect.
2. Other defects must be reported to us within one week of becoming aware of them.
3. We shall only be liable for advertising statements or defects in the instructions for use to purchasers who are consumers.
4. Minor defects which do not significantly impair the value, suitability or usability of the work shall be excluded from the warranty.
5. We shall be entitled to carry out subsequent performance at our discretion while safeguarding the legitimate interests of the Customer. This means that we shall decide whether to remedy the defect or to make a new delivery.
   If the supplementary performance fails, we shall be entitled to repeat the supplementary performance. Also in case of a repeated supplementary performance we decide between new delivery or removal of defects.
6. The Purchaser shall only be entitled to rescind the contract and/or claim damages if subsequent performance has repeatedly failed or is objectively no longer of interest to the Purchaser. A claim for damages shall only exist if we are responsible for gross negligence or intent. Compensation for damages shall in any case be limited to the negative interest. Compensation for consequential harm caused by a defect is excluded unless it is based on intent.

Claims of the Purchaser for damages are excluded, unless otherwise provided below:

1. We shall be liable under the statutory conditions for damages in the event of culpable injury to life, limb or health, as well as for damages based on an intentional or grossly negligent breach of duty by Vogel & Plötscher, its legal representatives or vicarious agents. Furthermore, we shall be liable for culpable breach of material contractual obligations, i.e. obligations the fulfillment of which is a prerequisite for proper performance of the contract and compliance with which the Customer may regularly rely on. In the event of a slightly negligent breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for the contract, unless the damage claims of the Purchaser are based on injury to life, limb or health.
2. Compensation for damages shall furthermore be limited, to the extent permitted by law, to the direct, foreseeable damage typical for the contract and to a maximum of the value of the object of purchase. The Purchaser shall have any expenses and any statutory and contractual recourse claims against third parties set off against its claim for damages.
3. We shall expressly not be liable if and to the extent that damage is caused to the Purchaser as a result of the Purchaser's failure to perform its duty to cooperate or to perform such duty insufficiently, in particular if an installation is not permissible at the intended installation site for legal reasons, or if the Purchaser is partly to blame, i.e. the Purchaser is (partly) to blame for the damage due to intent or negligence.
4. Clause 5 (1) shall also apply in favor of the legal representatives and vicarious agents if claims are asserted directly against them.
5. The provisions of the Product Liability Act shall remain unaffected.
6. The provisions of this Clause shall also apply if the Purchaser asserts a claim for reimbursement of futile expenses instead of a claim for damages in lieu of performance.

Unless otherwise agreed, all invoices of the Contractor shall be due immediately and without deductions.

1. In the event that the target is exceeded, we shall be entitled to demand default interest in the amount of 5% above the base interest rate of the Deutsche Bundesbank and, insofar as the customer is not a consumer, in the amount of 8% above the base interest rate of the Deutsche Bundesbank, whereby proof of higher damage caused by default shall be possible at any time.
2. Bills of exchange shall not be accepted; checks shall only be accepted on account of performance and subject to crediting.
3. If the customer is in default of payment, we shall be free to refuse further performance of the contract.
   If there is a considerable risk to the payment claim, we shall be entitled to demand advance payments or sufficient security.
   If the customer refuses advance payment or security, we may withdraw from the contract and claim damages.
4. Notwithstanding any provision of the Purchaser to the contrary, incoming payments shall in each case settle costs, then interest and finally the principal claim; in the case of several claims, the older claim shall be settled first.

1. The delivered goods shall remain our property until full payment of the respective invoice. The customer shall store the goods subject to retention of title separately and mark them as our property.
   In the event of processing or treatment of the goods subject to retention of title, we shall be entitled to (co-)ownership in the value of the condition of the goods subject to retention of title before processing or treatment of the resulting item.
2. The reserved goods may only be sold in the ordinary course of the purchaser's business. If the purchaser resells the goods subject to retention of title, he shall assign to us at the time of the sale the claim or, in the case of co-ownership, the pro rata claim against the purchaser.
   Otherwise, disposals of the goods subject to retention of title, in particular transfer by way of security or pledging, are not permitted.
3. If execution is levied against the Purchaser's assets and the goods subject to retention of title are affected thereby, we shall be notified thereof immediately in writing, stating all necessary data (enforcement body, file number) and, if applicable, enclosing execution records.
4. Items which have been made available to the customer by us and which are not part of the work performance as such (e.g. drafts, design drawings, tools, etc.) shall remain our property

The performance of our obligations under the respective contract shall be subject to the proviso that there are no obstacles to performance due to applicable export control provisions, in particular embargoes or other sanctions under applicable law. The Purchaser undertakes to provide all information and documents required for the export or shipment. Delays due to export inspections or licensing procedures shall not constitute a delay on our part. Any deadlines and delivery periods shall be extended accordingly. If required approvals are not granted, or if the delivery or service owed by us cannot be approved, the contract shall be deemed not to have been concluded with respect to the purchased items concerned. When passing on the objects of purchase delivered or provided by us to third parties in Germany and abroad, the customer shall comply with the applicable provisions of national and international (re-)export control law

All personal data provided by the customer will be collected and processed exclusively for the provision and processing of services and obligations in the context of the purchase of goods and services, in each case in accordance with the applicable data protection provisions, in particular the DS-GVO and corresponding national accompanying laws. Details on data collection and processing and protection are regulated in our privacy policy, which is available under the following link: https://dev.vogelundploetscher.de/en/datenschutz/

1. Place of performance is Breisach am Rhein.
2. Insofar as the Purchaser is an entrepreneur, a legal entity under public law or a special property under public law, the place of jurisdiction shall be the court responsible for Breisach am Rhein.

The invalidity of individual provisions shall not affect the validity of the remaining provisions. The invalid provision shall be deemed replaced by an economically equivalent provision.

All declarations affecting the validity of the contractual relationship must be made in writing. An amendment of the written form requirement shall in turn require the written form.