Allgemeine Geschäftsbedingungen LED IN MOTION
c/o DATA PRINT GmbH Stand 01/2024
1. General information - All sales of goods and services to be provided are subject to the following terms and conditions. Terms and Conditions. Any conflicting terms and conditions of contractual partners shall not be deemed to have been agreed.
Amendments, supplements or verbal subsidiary agreements require prior written confirmation. Should individual provisions be invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be interpreted in such a way that they come as close as possible to the intended purpose.
2. Offers/conclusion of contract - Quotations are subject to change and non-binding and in this respect do not constitute a contractual offer. They shall be increased by the applicable statutory value added tax. Orders are deemed to have been accepted once they have been confirmed in writing or the goods have been delivered. Unless otherwise agreed, goods are delivered carriage forward ex warehouse. Shipping and insurance costs shall be borne by the customer and shall be invoiced separately. All previous price lists and general terms and conditions hereby lose their validity. We reserve the right to change the stated prices and GTCs without prior notice.
3. Delivery obligation / transfer of risk -The agreement of delivery deadlines must be made in writing. The
delivery obligation shall end if delivery becomes impossible in whole or in part due to force majeure or other unforeseeable events. becomes impossible. This also applies if these circumstances occur at one of our suppliers. In such cases, we may either withdraw from the contract or postpone the delivery for the duration of the hindrance plus a reasonable start-up period. In the latter case, the customer is not entitled to withdraw orders, reject partial deliveries or make claims for damages of any kind.
The risk of loss of or damage to the goods shall pass to the customer as soon as they have left our warehouse on collection warehouse or, in the case of shipment, when the goods are handed over to the carrier. This shall also apply if the shipping costs
exceptionally assumed by us.
4. Terms of payment- Services are payable net within 10 days of the invoice date.
Deliveries of LED modules must be paid in advance. After receipt of the order, customers will receive an order confirmation with our invoice attached. In the invoice you will find the invoice number and our bank details for payment in advance. Your order will be produced once the invoice amount has been credited to our account. This can take up to 2 working days depending on the processing speed of the banks. Please note that the specified delivery date may be delayed as a result.
Other items as stated in the order confirmation. A discount deduction on offset credit notes is not permitted. Payment orders and checks shall only be considered as payment on the date of receipt of the irrevocable credit note. If reminders become necessary after expiry of the payment deadline, the costs incurred as a result shall be charged to the customer. We are entitled to charge interest on arrears from the due date. The default interest rate is 9 percentage points above the prime rate (from January 01, 2024 3.62%). Offsetting against counterclaims is only permitted if the counterclaim is undisputed or has been legally established.
5. Retention - The delivery of goods is subject to retention of title. The reserved goods shall remain our property until payment has been made in full. If the goods subject to retention of title are processed or treated by the buyer to form a new item in which the buyer acquires sole ownership (§ 947 f BGB), we shall be entitled to a co-ownership share in the new item in the amount resulting from the ratio of the value of the purchase price invoiced to the buyer for the goods subject to retention of title to the value of the new item. Until all claims have been paid in full, the goods may not be pledged, transferred by way of security or otherwise encumbered with third-party rights. The buyer hereby assigns to us his claims from the resale of the goods subject to retention of title with all ancillary rights. We accept the assignment. The purchaser is entitled and authorized to resell the goods subject to retention of title in the ordinary course of business. Until revoked, the buyer is entitled to collect the claims assigned to us. If the purchaser falls into financial difficulties or no longer meets his obligations to us, he must grant us access to the goods subject to retention of title in his possession.
6. Warranty / Notice of defects / Compensation -Deliveries must be checked for defects upon receipt. checked. Short or incorrect deliveries must be reported in writing within 8 days. The guarantee conditions of LED IN MOTION c/o DATA PRINT GmbH apply. These are part of the GTC. Compliance with the regulations of the EMVG regarding the use and installation of the products is the sole responsibility of the buyer. Unless otherwise stated, the tests and assurances of conformity with regard to the EMVG always refer to the individual cabinet/device. Conformity within the framework of the EMVG with regard to the entire system (so-called fixed system) is the responsibility of the operator, even if DATA PRINT GmbH has installed it. Unless there is intent or gross negligence, other claims for damages by the buyer against us and our vicarious agents and assistants are excluded, regardless of the legal grounds.
7. Place of fulfillment and jurisdiction - The place of performance for deliveries or payments is the respective company headquarters. The place of jurisdiction for all disputes arising from the contractual relationship shall be the local or regional court at the registered office of the company, provided that the business partner is a registered trader or a legal entity under public law. German law shall apply exclusively to all legal relationships between us and the business partners.