TERMS & CONDITIONS

I. GENERAL

All our present and future offers, deliveries and services provided by us are exclusively subject to the following terms and conditions. We are not bound by any other terms and conditions of the customer, even if we do not object to them. Only through our written acknowledgement do other conditions become part of the contract.

 

II. CONCLUSION OF CONTRACT

1) Our offers are subject to confirmation. They are subject to the reservation of our self-supply.

2) The contract is only concluded with our written order confirmation, irrespective of this, but at the latest with the execution of the order. Oral agreements are only valid if we confirm them in writing. Changes must be made in writing to be effective.

3) The dimensions, weights and data as well as illustrations and descriptions stated in our printed matter are only binding if this has been explicitly agreed. We reserve the right to variations within the customary tolerances.

4) Illustrations, drawings, sketches and other documents which come into the possession of the purchaser remain our property.

5) If our performance is based on documents supplied by the customer, the customer shall be responsible for ensuring that any design drawings submitted do not infringe the property rights of third parties.

 

III. PRICES

1) Our prices are quoted ex works Heilbronn, Germany plus value added tax at the legally applicable rate, plus transport costs and packaging. Maintenance and service work as well as complex installation and removal work will be charged by the hour.

2) The prices valid on the day of delivery or service always apply for invoicing unless a fixed price agreement has been confirmed in writing.

3) If more than 4 months elapse between the conclusion of the contract and the scheduled delivery time, we reserve the right to increase the price at our discretion, provided that our own costs have increased.

 

IV. TERMS OF PAYMENT

1) The following regulations apply to customers based in Germany and we reserve the right to exclude individual payment methods:

- Payment in advance

   We will provide the purchaser with the bank details in the order confirmation. The invoice amount     is due within 10 days to our account.

   The customer may only exercise a right of withholding insofar as the claims from the same     contractual relationship.

- Cash on delivery

- Invoices with payment terms only in connection with a positive credit check.

   The term of payment for invoices for new equipment is 10 days after the invoice date with a 2 %          discount or 30 days net from date of invoice All other invoices are due within 10 days net.

Other terms of payment require our written confirmation. The credit date on our account is decisive for the punctuality of payment.

2) The following regulations apply to customers with headquarters outside of Germany:

- Payment in advance

   We will provide the purchaser with the bank details in the order confirmation. The invoice amount     is due within 10 days to our account.

   The customer may only exercise a right of retention if the claims from the same contractual   relationship.

3) Other terms of payment require our written confirmation.

4) The credit date on our account is decisive for the punctuality of payment.

5) Bills of exchange and cheques shall only be accepted by special agreement and always only on account of payment. The costs of encashment including discounting costs shall be borne by the customer.

6) In the event of delay in payment or deferred payment, we shall be entitled to claim the damages incurred by us. The minimum damage shall be interest in the amount of 2% above the respective discount rate of the Deutsche Bundesbank. This does not apply if the customer can prove that we have not incurred any damage or that the damage incurred by us is significantly lower.

7) If our contractual claims are endangered due to lack of performance on the part of the customer, we are entitled to make the processing of all orders of the customer dependent on advance payment or provision of security and to withdraw from the contract after unsuccessful expiry of a reasonable period of time. In the event of default of payment, we are furthermore entitled to make all claims arising from the business relationship immediately due and payable.

8) Withholding payment or offsetting due to counterclaims of the customer is only permissible if these counterclaims have been legally established or are undisputed.

 

V. RIGHT OF REFUSAL

For goods that the customer has purchased in the online shop / web shop, he has the right to cancel this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

In order to exercise your right of withdrawal, you must notify us (IM Env. Equip. Germany GmbH, In der Klinge 5/2, 74078 Heilbronn, Tel. 07131/200064, Fax. 07131/200066, email info@imgmbh.de) by means of a clear declaration (e.g. a letter, fax or email sent by post) of your decision to withdraw from this contract. You may use the attached revocation form for this purpose, but this is not mandatory.

In order to comply with the revocation period, it is enough to send the notification of the exercise of the right of revocation before the end of the revocation period.

 

Consequences of the revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

 

Revocation form

If you want to cancel the contract, please fill out this form and send it back to

 

IM Environmental Equipment Germany GmbH

In der Klinge 5/2

74078 Heilbronn

 

Phone 07131/200064

Fax 07131/200066

email info@imgmbh.de

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

 

_____________________________________________________________________________

 

_____________________________________________________________________________

 

_____________________________________________________________________________

 

_____________________________________________________________________________

 

Ordered on (*)/received on (*):               ____________________________

 

Name of the consumer(s):                          ____________________________

 

Address of the consumer(s):                      ____________________________

 

                                                                               ____________________________

 

                                                                               ____________________________

 

Signature of the consumer(s)                    ____________________________

(only in the case of communication on paper)

 

Date:                                                                    ____________________________

 

(*) Delete as applicable.

 

There is no right of withdrawal:

- contracts for the supply of goods which are not off-the-shelf and the production of which is subject to individual choice or designation by the consumer or which are clearly tailored to the personal needs of the consumer

- contracts for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded

- contracts for the delivery of goods, if these have been inseparably mixed with other goods after delivery due to their nature

 

VI. RETENTION OF TITLE

1) We reserve title to the delivered goods until the purchase price and ancillary costs have been paid in full.

2) The customer may only dispose of goods subject to retention of title in the ordinary course of business. Pledging and transfer by way of security are not permitted.

3) If the customer is more than 10 days in delay of payment, we are entitled to take back goods subject to our reservation of title. The exercise of the reservation of title shall not be deemed to be a withdrawal from the contract.

4) If goods subject to retention of title are seized, the purchaser must provide us with all information necessary and appropriate for exercising our rights. Violation of this obligation shall result in the customer being liable for all damages resulting therefrom. Furthermore, in the event of enforcement measures, the customer shall be liable for the costs incurred by us in asserting our rights.

5) If the customer resells goods purchased from us which are subject to retention of title, the resulting claim for remuneration shall be deemed to have been assigned to us upon such sale. The customer is obliged to inform us of the name of the third-party purchaser on request and we are entitled to disclose the assignment to the third-party purchaser if the customer is in default of payment.

6) The customer must inform us immediately by registered letter of any access by third parties to the reserved property.

 

VII. DELIVERY AND PERFORMANCE TIME

1) Delivery and performance deadlines are only binding for us if they are expressly agreed in writing. They only begin after presentation of all documents, releases and down payments to be made by the customer.

2) The time at which the delivery leaves our factory or the notification of readiness for dispatch is decisive for the observance of agreed delivery and performance periods.

3) The delivery and performance period shall be extended in the event of measures within the scope of industrial disputes, in particular strikes and lock-outs, as well as in the event of unforeseen obstacles which are beyond the control of the supplier, insofar as such obstacles demonstrably have a considerable influence on the completion or delivery of the delivery item or service. This shall also apply if the delivery occurs with subcontractors.

4) If agreed deadlines are exceeded, the customer can set us a reasonable extension with the declaration that he will withdraw from the contract after the fruitless expiry of the deadline. Further claims, those for damages, are excluded. This limitation of liability shall not apply if the exceeding of the delivery period is due to gross negligence or intent.

5) Partial deliveries are permissible, as far as this is reasonable for the customer.

 

VIII. DISPATCH

1) Shipment is at the risk of the customer. This also applies if, in exceptional cases, carriage paid delivery has been agreed.

2) If the customer does not specify a mode of dispatch, the dispatch will be carried out at our dutiful discretion.

3) If dispatch is delayed through the fault of the purchaser, the risk shall pass to the purchaser on the day of readiness for dispatch.4) Deviations of the consignment from the dispatch note, the delivery note or the invoice must be notified immediately in writing.

 

IX.LIABILITY FOR DEFECTS

1) The warranty period for defects is 24 months. Excluded from the warranty are damages due to improper handling, normal age-related wear and tear, consumables such as sensors, printer paper, soot filter paper as well as wearing parts (batteries, accumulators, fine dust filters, electronic measuring cells).

2) In the event of a justified defect, we are entitled at our discretion to rectify the defect or make a new delivery. If two attempts at rectification fail, or if defective goods are delivered again, the customer is entitled to a reduction of the purchase price, to the exclusion of any further claims.

3) If the customer does not give us the opportunity to remedy the defect complained about, we shall be released from the warranty obligation.

4) We shall not be liable for damages that have not occurred to the delivery item itself, not for lost profit, other financial or consequential damages.

5) We may refuse to remedy defects and make a new delivery if the customer is in default of his payment obligations to us.

6) In the case of production according to the customer's drawing, we shall only be liable for execution in accordance with the drawing.

7) Any liability for defects shall lapse if the customer or unauthorized third parties have themselves carried out rectification work on delivered goods without our consent.

8) A defect in the sense of these terms and conditions shall also include the absence of warranted characteristics.

 

X.FINAL TERMS AND CONDITIONS

1) Place of performance and jurisdiction for delivery and payment is Heilbronn, Germany. This agreement shall also apply to actions arising from cheques or bills of exchange.

2) The agreement on the place of jurisdiction only applies if the purchaser is a registered trader or a special fund under public law. In other cases, the statutory place of jurisdiction shall apply.

3) The contractual relationship including these Terms and Conditions shall be governed exclusively by the law of the Federal Republic of Germany, but not by such provisions which have become the law of the Federal Republic of Germany only because the legislator has ratified international treaties.

4) Should any of these terms and conditions be or become legally ineffective, the validity of the remaining terms and conditions shall not be affected thereby. Any invalid provision shall be replaced by the relevant statutory provision. The same applies in case of a gap.

5) The legal minimum regulations applicable to non-merchants are not affected by these terms and conditions.

6) We reserve the right to make technical changes at any time.