Conditions

Terms and Conditions (GTC)

The subject of these general terms and conditions (GTC) is the basic regulation of business transactions between theSMARTDECON Ltd and the contractual partner as well as the general definition of mutual rights and obligations. The terms and conditions thus form the framework for all legal transactions between theSMARTDECON GmbH and the customer; in particular, they form the exclusive basis for the provision of services, the production of works and the sale of products. The General Terms and Conditions are valid for all current and future business transactions with theSMARTDECON GmbH binding, even if it is no longer expressly referred to in a later legal transaction.

All offers are non-binding. The of SMARTDThe items supplied by ECON GmbH are intended exclusively for use in industrial applications. Use in other areas of application (e.g. in life-sustaining devices in the human body or in life-sustaining devices, etc.) requires separate approval. Such consent must be given expressly and in writing.

Each order is only valid after all details have been clarified and with the express written confirmation of the SMARTDECON GmbH as accepted.

Unless otherwise agreed in writing, the prices are in euros, excluding VAT and apply from the place of manufacture excluding packaging, freight/postage and insurance. If the procurement costs increase in the course of order processing (surcharge from suppliers, additional fiscal burdens, increases in customs duties, increase in transport costs, currency fluctuations of more than three percent and the like), we reserve the right to adjust the price accordingly at the time of delivery of the product.

Partial deliveries are permitted. The delivery company's information about the weight and dimensions of the goods and packaging is non-binding.

the SMARTDECON GmbH can make the acceptance and execution of orders dependent on a guarantee or advance payment.

terms of payment

Unless otherwise agreed in writing, the invoices are payable net within 14 days (due date). When paying by bill of exchange, theSMARTDECON GmbH is entitled to demand the usual bank discount charges from the due date. In the event of a delay in payment,SMARTDECON GmbH reserves the right to withhold further deliveries until the outstanding debt has been paid and to carry out new deliveries against prepayment.

8th.

The right to offset against existing or asserted claims of the buyer is expressly excluded. The obligation to pay is not affected by asserted defects.

retention of titlet

theSMARTDECON GmbH has the right to make an entry in the retention of title register until the ordered goods have been paid for in full.

delivery times

The specified delivery times are non-binding. In particular, no responsibility is assumed for delays caused by unforeseen events such as force majeure, mobilization, war, riots, shortages of raw materials, breakdowns, production rejects, strikes, transport delays or other events that are not our fault. If the ordered goods cannot be delivered at all or can only be delivered with a delay as a result of such events through no fault of their own, the buyer shall be entitled toSMARTDECON GmbH no claims.

drawings and documents

11.

SMARTDECON GmbH reserves the right to all drawings, drafts, cost estimates and other documentsSMARTDECON GmbH reserves the sole ownership and copyright. Such documents are entrusted to the customer personally and may not be used without the written consent of theSMARTDECON GmbH are neither made accessible to third parties nor copied. you are theSMARTreturned to DECON GmbH upon first request. Violations oblige the customer to pay a contractual penalty of EUR 275,000.SMARTDECON GmbH reserves the right to claim further damages and is entitled to withdraw from the contract without the customer having any claims arising from this. An NDA may be required. 

Place of fulfillment,

Shipping and Transport Risk

12.

The place of performance is the registered office of the company. The risk passes to the buyer as soon as the goods are in the warehouse der  SMARTDECON GmbH leaves; this also applies to free domicile deliveries.

13.

Transport insurance is only taken out at the express request of the customer and at his expense. Shipments with any transport damage are to be accepted and the defects to be reported to the relevant transport company immediately in writing for the purpose of recording the facts (copy toSMARTDECON GmbH). Complaints and notifications of defects must be made within 8 days of the arrival of the goodsSMARTDECON GmbH, otherwise the delivery is deemed to have been accepted without reservation.

Warranty for Defects

SMARTDECON GmbH is only liable for external defects that are reported to it in writing within 8 days of receipt of the goods and which can be proven to be the fault of its own or that of a sub-supplier. Under warranty for functional defects is exclusively the obligation ofSMARTDECON GmbH to replace defective parts free of charge during the guarantee period agreed in writing. On the other hand, all claims regarding rescission, reduction or compensation are excluded. Opening devices, non-observance of the ESD handling instructions or the operating instructions will void all warranty claims. Of theSMARTDECON GmbH is at liberty to carry out a subsequent improvement. However, improvements are only made in the factory SMARTDECON GmbH executed. The shipping cost for rework products tooSMARTDECON GmbH are at the expense of the customer, the transport costs of the repaired products fromSMARTDECON GmbH back to the customer through theSMARTDECON GmbH.

Jurisdiction and Applicable Law

German law is exclusively applicable for any disputes. The place of jurisdiction is the registered officeSMARTDECON Ltd

(mentioned in the imprint)