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Terms of service

 

I. General

The following general terms and conditions, consequently the sales and delivery conditions of Ch.Batsch Verfahrenstechnik GmbH apply from July 6th, 2015; beyond that, they always apply exclusively, unless otherwise agreed in writing.

Changes to or deviations from the following terms and conditions only apply if Ch.Batsch Verfahrenstechnik GmbH has given its written consent.

Ch.Batsch Verfahrenstechnik GmbH expressly does not recognize terms and conditions of the customer that contradict or deviating from the following terms and conditions. Recognition of deviating terms and conditions requires the written consent of Ch.Batsch Verfahrenstechnik GmbH.

The following terms and conditions also apply in the event of an unconditional delivery to the customer if Ch.Batsch Verfahrenstechnik GmbH is aware of terms and conditions of the customer that contradict or deviate from the following terms and conditions.

 

II. Offers and conclusion of contract

Offers from Ch.Batsch Verfahrenstechnik GmbH are always non-binding. The offers contained in brochures and other advertising materials of Ch.Batsch Verfahrenstechnik GmbH or, if applicable, in advertisements always refer to our standard systems and are non-binding with regard to the price information and, in particular, in the event of desired deviations from our standard systems, expressly non-binding.

The offers specially and individually created by Ch.Batsch Verfahrenstechnik GmbH are binding and, unless otherwise noted in the offer, are binding for 2 months from the date of written delivery to the interested party / purchaser.

Spelling and / or calculation errors in offers and / or order confirmations, which are based on an obvious error, are not bond to Ch.Batsch Verfahrenstechnik GmbH and can be questioned in writing and therefore changed by them within 5 working days of being sent to the customer in writing. Consequently, the obviously intended explanation applies.

All offers, drawings, samples, descriptions and cost estimates from Ch.Batsch Verfahrenstechnik GmbH are always strictly confidential and may not be passed on, made accessible to third parties or published without permission. At the request of Ch.Batsch Verfahrenstechnik GmbH, all documents are to be surrendered to them without any right of retention. Legal action is reserved in the event of a violation.

A contract with Ch.Batsch Verfahrenstechnik GmbH is always concluded if the deadline for accepting the offer is met and the payment terms (see clause IV of these AGB) are observed in accordance with the offer and a written order confirmation is given by Ch.Batsch Verfahrenstechnik GmbH .

 

III. Price, price changes

The prices contained in the offers of  Ch.Batsch Verfahrenstechnik GmbH expressly do not include the statutory sales tax, which is always shown separately. Unless otherwise agreed, the prices of  Ch.Batsch Verfahrenstechnik GmbH are non-binding ex works, excluding packaging, transport, transport insurance, travel costs for the fitter / service technician, assembly and commissioning. If there are more than 6 months between the conclusion of the contract and the agreed or actual delivery date, the prices of  Ch.Batsch Verfahrenstechnik GmbH currently valid at the time of delivery or provision apply, provided that the contractual partner is responsible for a delay in delivery.

The prices contained in the offers for rental systems from Ch.Batsch Verfahrenstechnik GmbH expressly do not include travel costs, transport costs, installation and commissioning of the rental systems, as well as the statutory sales tax; these are shown separately in the invoice.

In the event of a price increase by the upstream suppliers, as well as an increase in wage and transport costs or other unexpected cost increases, Ch.Batsch Verfahrenstechnik GmbH is entitled to request negotiations to reset the originally calculated price.


IV. Payment term

In principle, the payment terms of the offer, the invoice or the order confirmation of Ch.Batsch Verfahrenstechnik GmbH apply. If no payment terms are specified, payment is due immediately and without deduction 7 days after the invoice date.

If the customer is in default of payment, a written payment reminder is sent first. Furthermore, Ch.Batsch Verfahrenstechnik GmbH is entitled, in accordance with Section 288 (2) of the German Civil Code (BGB), to demand default interest at the rate of 9 percentage per annum from the due date on with the 2nd reminder. § 288 BGB applies here.
In the event of default in payment by the customer, all receivables, including deferred receivables, shall become due for payment immediately and without exception.

In addition, after an unsuccessful payment reminder, Ch.Batsch Verfahrenstechnik GmbH also charges a default fee of € 40.00 with the first reminder, see Section 288 (5) of the German Civil Code (BGB) .
In addition, Ch.Batsch Verfahrenstechnik GmbH is entitled to deliver to the customer in the event of default in payment and after issuing the 2nd reminder, in future only against prepayment.
In the event of verifiable, higher damage caused by delay, Ch.Batsch Verfahrenstechnik GmbH is entitled to assert this. The customer reserves the right to refute this.

 

V. Delivery date, delivery with installation

The lead time begins with receipt of the order confirmation or, unless otherwise agreed, as well as with receipt of the contractually agreed down payment.
The delivery period of Ch.Batsch Verfahrenstechnik GmbH is always met if the delivery / contractual item has left the factory within the delivery date, or if the contractual partner / purchaser has been notified of readiness for dispatch.
Changes to the service content on the part of the customer lead to the cancellation of agreed delivery dates and deadlines, unless otherwise agreed.
The delivery time / period is extended appropriately in the event of unforeseen obstacles or in the event of late, improper and non-contractual fulfillment of the obligations of the customer.

Insofar as it has been contractually agreed that the delivery item is to be delivered and installed at a location specified by the customer, all structural measures, including energy supply, must be completed before installation begins so that installation and commissioning can begin immediately after delivery and these can be carried out without interruptions.

All necessary structural measures, including the energy supply, are and will not be part of the contract at any time, the costs for this are borne exclusively by the customer.

For the installation, the customer must provide auxiliary personnel, other necessary devices and materials at his own expense.

Furthermore, the customer must fully reimburse the costs of travel and accommodation, as well as the valid hourly and daily rates of Ch.Batsch Verfahrenstechnik GmbH and its employees.

 

VI. Retention of title

The delivery item remains the sole property of Ch.Batsch Verfahrenstechnik GmbH until all receivables against the customer have been paid.

Rental systems always remain the sole property of Ch.Batsch Verfahrenstechnik GmbH.

The delivery item and rental systems may neither be pledged nor assigned by way of security.

In the event of seizure, confiscation or other disposal by third parties, the customer must notify Ch.Batsch Verfahrenstechnik GmbH immediately and without reservation.

In the event of behavior contrary to the contract, Ch.Batsch Verfahrenstechnik GmbH is entitled to take back the goods subject to retention of title as well as rental systems after a reminder, this applies in particular to default in payment.
Resale by the customer is not permitted without the consent of Ch.Batsch Verfahrenstechnik GmbH, unless otherwise agreed.
Furthermore, the customer has to insure the delivery item up to the complete transfer of ownership, as well as rental equipment against theft, breakage, fire, water and other damage. Proof of this must be presented on our part upon request.

 

VII. Transfer of risk, acceptance, storage costs

The risk is transferred to the buyer / purchaser when the delivery parts are dispatched, even if only a partial delivery is made. Ch.Batsch Verfahrenstechnik GmbH expressly does not cover transport insurance for every delivery. This must be expressly ordered in writing by the customer when the order is placed, otherwise the shipment will be made without it. Any additional costs for transport insurance are expressly not included in the price and are listed and charged separately.

If the production time is delayed or if the customer is in default of acceptance because he does not meet his obligations, or if the dispatch and delivery are delayed at the request of the customer, the risk of accidental loss or accidental deterioration of the delivery item at that point in time is transferred to the Buyer to which he is in default of acceptance.

In the event of default in acceptance, the customer will be billed for the storage costs at half of the invoice amount for each week.
 

VIII. Warranty and guarantee

The guarantee for the systems of Ch.Batsch Verfahrenstechnik GmbH is two years from the transfer of risk, unless otherwise agreed. The guarantee only applies to brand new delivery items.

Used goods, reconstruction, expansion and repairs are excluded from the guarantee.

The customer must report defects of any kind immediately, but not later than two weeks after delivery and assembly, with a comprehensible description of the defect. If the defect is not reported in time within the specified period, the warranty claim is null and void.
In the event of reported defects, Ch.Batsch Verfahrenstechnik GmbH is entitled to remedy defects by repairing them or by delivering goods free of defects within a reasonable period of time. In this respect, the customer does not have a right to choose.
Ch.Batsch Verfahrenstechnik GmbH bears the costs incurred for repairs or replacement deliveries, provided that a complaint is justified.
The guarantee is always excluded if the defect is due to improper handling and/or operation.
Furthermore, the guarantee is always void if the delivery item is not changed or repaired by Ch.Batsch Verfahrenstechnik GmbH or agents authorized by Ch.Batsch Verfahrenstechnik GmbH.

In this case, unauthorized returns only take place with the written approval of Ch.Batsch Verfahrenstechnik GmbH.

Any costs incurred in this regard are to be borne by the customer.

 

IX. Reservation of return

If Ch.Batsch Verfahrenstechnik GmbH becomes aware after the conclusion of the contract that the customer is in an unfavorable financial position, it can request security for the consideration or reserve the right to withdraw from the contract while charging the expenses already occurred. Furthermore, Ch.Batsch Verfahrenstechnik GmbH has the right to withdraw from the contract in whole or in part, in the event of unforeseen events and in the event of subsequent impossibility.

 

X. Liabilities

Unless otherwise agreed, Ch.Batsch Verfahrenstechnik GmbH is fully liable for intent and gross negligence of its own actions, legal representatives and vicarious agents, as well as for damage from injury to life, body and health, which Ch.Batsch Verfahrenstechnik GmbH, the legal representatives or the vicarious agents have to represent.

Ch.Batsch Verfahrenstechnik GmbH is basically liable for other culpable breaches of essential contractual obligations. The above-mentioned limitations of liability also apply in favor of the employees of Ch.Batsch Verfahrenstechnik GmbH. Moreover, liability is excluded. Furthermore, the regulations of the Product Liability Act remain unaffected.

 

XI. Place of jurisdiction and applicable law

The place of jurisdiction for all disputes arising from this contract is unrestrictedly Bonn. However, we reserve the right to sue the customer at his place of jurisdiction.
UN sales law is not applicable, this contract is exclusively subject to the law of the Federal Republic of Germany.

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