INNOHEAD WORLDWIDE, owner Knut Dobrzinsky
General business and delivery conditions of INNOHEAD Worldwide, Inh. Knut Dobrzinsky in the following Called INNOHEAD
- The following terms and conditions of business and delivery apply to all business with INNOHEAD. Deviating provisions, in particular general terms and conditions of purchase or general terms and conditions of the buyer / purchaser, only become part of the contract if this is expressly agreed in writing.
- INNOHEAD’s offers are non-binding. The contract is only concluded upon receipt of the order confirmation from INNOHEAD or upon delivery. Verbal agreements are always non-binding and require mutual written confirmation to be effective.
- INNOHEAD reserves the right to make technical changes; Illustrations and descriptions are therefore not binding.
- In principle, invoices are payable immediately without deduction, but at the latest within 14 days. Other discounts will only be granted if and only to the extent that they are part of the INNOHEAD offer.
- VPackaging costs are borne by the buyer / purchaser.
- If the buyer / customer exceeds a statutory payment period, INNOHEAD is entitled to charge default interest of 8% above the respective base rate of the Deutsche Bundesbank. The right to claim further damages is reserved. In the event of suspension of payments or the submission of an application to open insolvency proceedings by the buyer / customer, INNOHEAD is entitled to request advance payments or security deposits or to withdraw from the contract.
- INNOHEAD is not obliged to accept bills of exchange or checks. Bills of exchange are generally only accepted from EUR 1,000.00. If checks or bills of exchange are nevertheless accepted, they will only be accepted on account of performance. Collection and discount costs as well as exchange tax are borne by the buyer / orderer. These costs are to be paid to INNOHEAD together with the invoice amount. INNOHEAD assumes no liability for the timely presentation, protest, notification and return of the bill of exchange in the event of non-redemption.
- If the buyer / orderer is a registered trader, he is obliged to carefully examine the goods immediately after delivery and to notify INNOHEAD of defects or quantity deviations in writing immediately – at the latest within 7 days of delivery. The receipt of the notification of defects at INNOHEAD is decisive for meeting the deadline. If a defect or a quantity discrepancy appears later, which was the case with the above Investigation was not recognizable, the report must be made immediately – at the latest within 7 days after discovery. Otherwise, it is deemed to have been approved even with regard to this defect and the quantity deviation.
- Complaints regarding a part of the delivery do not entitle to complaints about the entire delivery.
- In the case of justified complaints, INNOHEAD can choose to either remedy the defect or deliver a replacement / re-manufacture. In the event of a failure to remedy the defect, the buyer / customer can request delivery of a defect-free item or a reduction in price or withdraw from the contract.
- If the underlying contractual relationship is a purchase contract i.S.d. BGB, the warranty period is in the event that INNOHEAD’s contractual partner is a consumer i.S.d. §13 BGB is 2 years. If, on the other hand, the contractual partner of INNOHEAD is an entrepreneur within the meaning of 14 BGB, the warranty period is 1 year.
If the underlying contractual relationship is one working day, the warranty is 1 year. - All claims for damages against INNOHEAD are excluded, as far as legally permissible, regardless of whether they are based on claims from a contract, contractual or statutory obligations, in particular delay, defects or unauthorized actions. However, this only applies to defects if INNOHEAD has not fraudulently concealed the defect or has given a guarantee for the quality of the item.
This exclusion does not apply to recourse by the buyer / customer, insofar as this is based on legal claims of the consumer (§474 ff BGB new version) and he himself, even in a chain, was claimed by such.
This exclusion also does not apply to culpable acts that lead to damage, insofar as these result from injury to life, limb and health, as well as to grossly negligent and intentional acts on the part of INNOHEAD, its legal representatives or vicarious agents, which lead to others Damage resulted. - If the review of a complaint shows that it is free of defects, INNOHEAD is entitled to invoice the buyer / customer for the costs incurred.
- The buyer / orderer is obliged to inform INNOHEAD immediately in the event of an imminent claim from a supply chain.
- All deliveries are made with both simple and extended retention of title. The delivered goods remain the property of INNOHEAD until full payment of the purchase price / the contractor’s remuneration and all other claims by INNOHEAD against the buyer / customer from the current business relationship (in the case of payment by check or bill of exchange until they are redeemed). The buyer / customer is entitled to sell the goods or processed products in the ordinary course of business. Already today he assigns all his claims against the purchaser from the resale to INNOHEAD to secure them. The buyer / customer is authorized and obliged to collect the claim as long as INNOHEAD does not revoke this authorization. The direct debit authorization of the buyer / customer expires without an express declaration by INNOHEAD if the buyer / customer stops making payments. INNOHEAD will not make use of its authorization to collect as long as the buyer / customer fulfills his payment obligations.
- The assertion of rights of retention from other transactions, including the current business relationship, by the buyer / customer is excluded. Offsetting on the part of the buyer / purchaser is excluded, unless the assertion is undisputed or has been legally established.
- If the prerequisites for a place of jurisdiction agreement are met (the buyer / customer is a merchant or legal entity under public law or has no general place of jurisdiction in Germany), then this place of jurisdiction for all claims of the contracting parties is Daun. INNOHEAD is also entitled to sue the purchaser / orderer at its general place of jurisdiction.
- It is agreed that only German law is applicable to the contractual relationship with INNOHEAD. In particular, the application of the Vienna UN Convention on Contracts for the International Sale of Goods of April 11, 1980 is excluded.
- If any of the above conditions should be ineffective, this shall not affect the validity of the remaining conditions. The contracting parties are obliged to replace an ineffective provision with a new one that comes as close as possible to the meaning and purpose of the ineffective economic one.