General Conditions of use and business of ebs Automatisierte Thermographie und Systemtechnik GmbH in commercial transactions with companies and craftsperson
Status: Juni 2021
1.1 Unless otherwise expressly agreed to the following conditions apply to all contracts, deliveries and other services in commercial transactions with non-consumers within the meaning of § 310 paragraph 1 BGB. Different conditions, particularly conditions of the purchasing customer, are hereby rejected.
1.2 As part of an ongoing business relationship with merchants, the conditions will also be part of the contract if the company ebs Automatisierte Thermographie und Systemtechnik GmbH is not explicitly mentioned your involvement.
1.3 Deviations from these terms and conditions are effective only if they have been confirmed in writing. oral contracts as well as ancillary to contracts with trade representatives and the reseller companies of ebs Automatisierte Thermographie und Systemtechnik GmbH will be taken are not effective unless confirmed in writing.
2 Offers and Conclusion of Contract
2.1 All offers of the company ebs Automatisierte Thermographie und Systemtechnik GmbH are non-binding, meaning that only an invitation to submit an offer.
2.2 Illustrations, dimensions, descriptions, specifications and other technical details in brochures, data sheets, price lists, etc. are not binding and do not represent a property assurances. Company
ebs Automatisierte Thermographie und Systemtechnik GmbH reserves the edits. The nature of a virgin is in principle from the text of the offer or the order confirmation, provided herein does not explicitly refer to other documents referenced.
2.3 Orders shall be deemed approved if the company ebs Automatisierte Thermographie und Systemtechnik GmbH in writing. This is especially true for electronic transactions (including e-shop, billing, etc.), in which the access confirmation of the order or not the mandatory declaration of acceptance of contract offer which, unless expressly that the adoption of the access will be confirmed in writing. The same applies to changes, additions or deviations from the bids. Technical changes within reasonable reserves, as well as the adaptation of products to a subsequent standardization.
2.4 Where employees, agents or sales agents of the company ebs Automatisierte Thermographie und Systemtechnik GmbH contracts and ancillary agreements or oral representations meet these always require written confirmation signed by the representatives of the company ebs Automatisierte Thermographie und Systemtechnik GmbH
2.5 Cost estimates, drawings and other documents the Company reserves ebs Automatisierte Thermographie und Systemtechnik GmbH and its property and proprietary rights, right in front. All documents to be offered only after prior consent of ebs Automatisierte Thermographie und Systemtechnik GmbH and made available to third parties and, if the order is not granted, upon request, be returned immediately.
2.6 The final contract is subject to the proper and timely delivery by suppliers, the company ebs Automatisierte Thermographie und Systemtechnik GmbH only applies to the case in which the non-delivery by the Company not ebs Automatisierte Thermographie und Systemtechnik GmbH is represented. In particular, if a proper cover business is a non-delivery by the Company ebs Automatisierte Thermographie und Systemtechnik GmbH is not responsible.
4 Prices and Payment
4.1 Prices are Euro (€) net prices direct from factory, plus packaging, plus delivery cost and insurance fee origin from Germany, and plus probable applicable sales tax especially for domestic or EU countries if no VAT registration No. available. Prices are always the decisive factor of the current currency mirror (€,JYen) latest corrected in the resulting order confirmation or invoice. According to the currency exchnage rate deviation the confirmed price could upward be corrected afterwards. Additional supplies and services are calculated separetely and are expressed in the associated order confimation and invoice all in one which requires your signature and payment for further agreement and proceedings if not an other payment methode is collected (CreditCard or PayPal etc.)
4.2 Has the ebs Automatisierte Thermographie und Systemtechnik GmbH and the erection or installation of the delivered products and unless otherwise agreed, the Purchaser shall pay in addition to the agreed remuneration and any necessary incidental expenses such as travel, costs for the transport of tools and personal luggage as well as allowances.
4.3 Unless otherwise agreed, the invoice have to be paid in advance before receiving the goods due immediately without deduction. After unsuccessful expiry of 14 calendar days from the client device due to late payment, without further notice being required. The same applies for repairs and other services. Should the company ebs Automatisierte Thermographie und Systemtechnik GmbH and the erection or installation of their supplied equipment owe, does the due date of the invoice amount with decrease (see 7.1 b).
In the case of payment through our e-Shop billing system, the accounting procedures and the Authority, is the settlement in accordance with the order confirmation and invoice from ebs Automatisierte Thermographie und Systemtechnik GmbH mentioned conditions, or in the event of specified conditions © PayPal. For details, click here: PayPal © http://www.paypal.de/de
4.4 Payments made by the customer, unless otherwise agreed, initially incurred costs and interest, then on the maturity date after the oldest debt.
4.5 The ebs Automatisierte Thermographie und Systemtechnik GmbH takes only agreed discountable exchange of payment. Credits on bills and checks will be subject to the receipt, minus the costs incurred by the value date on which the company ebs Automatisierte Thermographie und Systemtechnik GmbH on the equivalent disposal. Check bills and costs borne by the customer.
4.6 In case of late payment, the statutory provisions. The default rate is 8% above the base rate. Any discounts agreed will not be granted, provided the customer with the payment of previous deliveries in default.
4.7 The claims of the company ebs Automatisierte Thermographie und Systemtechnik GmbH, regardless of the duration about incoming and credited change due immediately if the payment conditions are not met or known facts, which suggest that the payment of claims due to lack of capacity of the customers are at risk.
4.8 In case of default, the Company ebs Automatisierte Thermographie und Systemtechnik GmbH and the delivery of outstanding goods train just to train against payment. In addition, the company ebs Automatisierte Thermographie und Systemtechnik GmbH in this case further supplies of a prior security or subject to prepayment.
4.9 A refusal to pay or a Withholding is nullified if the customer is the lack of complaint or other reason at the conclusion of the contract knew. This applies even if he result of gross negligence has remained unknown, except that the Company ebs Automatisierte Thermographie und Systemtechnik GmbH and the defect or other objection reason fraudulently concealed or a warranty for the quality of the thing has taken over. In addition, the payment due to defects or other claims only in a reasonable amount may be withheld. The amount of an appropriate withholding decides in case of dispute, one of the Chamber of Commerce and Industry Munich, Bavaria, appointed experts. This is also on the distribution of the costs of its involvement in its reasonable discretion deciding. Unilateral account deductions for the disposal of packaging material, in particular transport packaging are not admissible.
4.10 Netting is only with the company ebs Automatisierte Thermographie und Systemtechnik GmbH recognized and have become res judicature possible, this requires the advance written consent.
4.11 The company ebs Automatisierte Thermographie und Systemtechnik GmbH reserves the right to make their prices reasonable to change after the conclusion of the contract cost increases and cost reduction, particularly because of price change on the part of suppliers or price fluctuations. These customers need not be demonstrated.
5 Supply and delivery delay
5.1 Unless a written and expressly designated as binding commitment by the Company ebs Automatisierte Thermographie und Systemtechnik GmbH is present, a delivery period only as approximately agreed. The delivery period does not begin before the day of the clarification of all technical and other details of customers, providing any required documentation and any agreed deposit.
5.2 Mode of deliveries are the free election of the company ebs Automatisierte Thermographie und Systemtechnik GmbH only. Customer has to express in writing the request and expense takeover of the total cost incl. insurance, if products should be dispatch outside of Germany
5.3 If the shipment on the request or fault of the customer is delayed, it stores the goods at the risk and expense of the customer in this case, the display of readiness to dispatch the same.
5.4 Partial deliveries are allowed in reasonable range.
5.5 The delivery period is extended, even within a delay, appropriate for admission to force majeure and all unforeseen, after conclusion of the contract occurred obstacles, which the buyer is not responsible, in particular also operational disturbances, strikes, lockouts or disruption of infrastructure, where such impediments demonstrably to delivery of the goods sold are of significant influence. This applies even if these circumstances occur at the suppliers of the company ebs Automatisierte Thermographie und Systemtechnik GmbH and its subcontractors. Beginning and end of such obstacles, the company ebs Automatisierte Thermographie und Systemtechnik GmbH and the customer as soon as possible. The customer may be requested by the Company ebs Automatisierte Thermographie und Systemtechnik GmbH, the statement whether the company ebs Automatisierte Thermographie und Systemtechnik GmbH Engineering from the contract or within a reasonable time to deliver. If a partial delivery of content is fully operational, may fulfill the lack of rest are not resigned. Explains the company ebs Automatisierte Thermographie und Systemtechnik GmbH does not immediately, the customer may rescind the agreement if it prevails. Claims for damages are excluded in this case. The above regulations apply to the customers, if the obstacles to the customer occur.
5.6 The company ebs Automatisierte Thermographie und Systemtechnik GmbH is liable in terms of timely delivery only for his own fault and his assistants. For the fault of its suppliers, the company has ebs Automatisierte Thermographie und Systemtechnik GmbH does not enter, because these are not their agents are. The company ebs Automatisierte Thermographie und Systemtechnik GmbH is obliged, upon request, possibly against their pre-release their claims to the customer.
5.7 In the event of a serious performance lag, the customer is obliged, at the request of the Company ebs Automatisierte Thermographie und Systemtechnik GmbH within a reasonable time to explain whether he still exists or delivery because of the delay from the contract and / or compensation instead of being required.
5.8 If the company ebs Automatisierte Thermographie und Systemtechnik GmbH in arrears, the customer may, if he proves that it suffered damage from this is compensation for every completed week of delay by 0.5% overall, but not more than 5% of price for the part of the Supplies which because of the delay not be put to was.
5.9 Both the customer’s claims for damages due to delayed deliveries, as well as claims for damages instead of performance, which in the previous paragraph above boundary are considered to be in all cases of delayed delivery, even after a company ebs Automatisierte Thermographie und Systemtechnik GmbH and any time limit set for delivery excluded. This does not apply in cases of intent, gross negligence or injury of life, body or health. Of the contract by the Client within the scope of legal Terms ebs Automatisierte Thermographie und Systemtechnik GmbH shall be limited to cases where the delay in the delivery of the company ebs Automatisierte Thermographie und Systemtechnik GmbH is represented. A change in the burden of proof to the detriment of the customer is with the above regulations are not connected.
6 supply on demand
6.1 For contracts with continuous on-demand delivery of the company are ebs Automatisierte Thermographie und Systemtechnik GmbH quantities and delivery dates are already in the order. The company ebs Automatisierte Thermographie und Systemtechnik GmbH is entitled to the total quantity of the order according to their production at any time of the delivery period to justify, unless it is expressly contrary understandings have been taken. Is the total quantity produced, the subsequent changes of the ordered goods are not possible.
6.2 The customer has the contractual obligation, to dispose the ordered quantity during the contract period. If the order quantity in the polling period has not diminished, the company ebs Automatisierte Thermographie und Systemtechnik GmbH and without prejudice to its further legal rights entitled to acceptance and payment of the total quantity remaining period. The customer is at the end of the contract with the adoption of non-classified and retrieved part of the purchase amount in default.
6.3 If a polling period is not specified, it is the company ebs Automatisierte Thermographie und Systemtechnik GmbH, where the customer in a call for the usual period of time has made no demand, be entitled to a deadline for the further call to set and after their expiry, without prejudice to further legal Rights and decrease throughout the remainder of the payment orders to demand.
6.4 A reasonable price for greater compensation, unpredictable changes in cost or quantity changes during the contract delivery schedule is as agreed. For other reasons, the agreed prices will not be changed, especially not when there is a lower competitive bid.
7 Transfer of risk
7.1 The risk of accidental destruction and the deterioration stems in each, so even with freight-free delivery, as follows to the customer:
a) for deliveries without installation or assembly with the delivery of the goods to a shipper or carrier, but no later than with the exit of the warehouse of the company ebs Automatisierte Thermographie und Systemtechnik GmbH, even if the delivery by the trucks of the company ebs thermography and Automated Systemtechnik GmbH done. This applies even if the stock is supplied by a third party (business route) and for the return of goods. This also applies by analogy to partial benefits. At the request and expense of the customer deliveries of the company ebs Automatisierte Thermographie und Systemtechnik GmbH outside Germany compared with other transportation risks.
b) for delivery with installation or assembly on the day of the takeover on its own or, if agreed, after a perfect trial run (decrease). The company ebs Automatisierte Thermographie und Systemtechnik GmbH announces the purchaser the purchase date, which generally weekdays 8:00 to 20:00 o ‘clock, at least three days in advance in writing. Should the buyer at the acceptance date but do not participate, the company ebs Automatisierte Thermographie und Systemtechnik GmbH is entitled to a publicly appointed and sworn expert
(Assessors) of their choice at the expense of the purchaser to make the purchase and let out a completion certificate to be issued.
7.2. If the shipment delivery, the beginning of the implementation of the assembly or erection, the acquisition in its own operation or test operation from the customer reasons to delay or for any other reason customer is in default of acceptance, then the risk passes to the customer immediately.
8. Material and quality defects and warrantee
Material and quality defects and warrantee regulation of the company ebs Automatisierte Thermographie und Systemtechnik GmbH membered as follows:
8.1 All parts or services are chosen by the company Ebs Automatisierte Thermographie und Systemtechnik GmbH and compliances Systemtechnik GmbH free of charge, to re-deliver or to provide, within the limitation period without regard to operating time a defect, provided that its cause already existed at the time of the transfer of risk.
8.2 For related deficiencies within the meaning of § 434 BGB is liable to the Company ebs Automatisierte Thermographie und Systemtechnik GmbH is only as follows: The customer has received goods immediately for defects and quality, to investigate. Obvious defects must be reported immediately but no later than within fourteen days by written notice to the Company ebs Automatisierte Thermographie und Systemtechnik GmbH complain. In reciprocal trade transactions among merchants, the § 377,
§ 378 HGB remain unaffected.
8.3 If the customer finds defects in the goods, he may not have the opportunity to resell, to proceed further nor it is allowed to share the goods until an agreement on the settlement of the claim is reached.
8.4 The customer is obligated to the Company ebs Automatisierte Thermographie und Systemtechnik GmbH and the disputed goods or samples thereof in order to examine the objections to them. In the case of culpable refusal the account for the warranty forfeits without notice.
8.5 Subject to the statute of limitations within 12 months. This does not apply the law according to § 438 paragraph 1 No. 2 (Structures in for a building), § 479 paragraph 1 (right) and § 634a paragraph 1 No. 2 (building) BGB longer periods as well as in cases of injury of life, body or health, in an intentional or grossly negligent breach of duty of the company ebs Automatisierte Thermographie und Systemtechnik GmbH and fraudulently conceals a Defect. The legal provisions regarding the expiry of suspension, interruption and recommencement of limitation periods remain unaffected.
8.6 In the event of defects, payments of the customers to an extent be retained in a reasonable relation to the defect occurred. The customer can only withhold payment if a complaint is made, beyond any doubt. If the defect was wrong, the company ebs Automatisierte Thermographie und Systemtechnik GmbH is entitled to the costs incurred here are replaced by customer demand.
8.7 First, the company ebs Automatisierte Thermographie und Systemtechnik GmbH opportunity for subsequent performance within a reasonable period of time.
8.8 If a multiple subsequent performance fails, the customer may be without prejudice to any claims for damages from the contract or reduce the price.
8.9 The warranty does not a significant deviation from the agreed quality, of only minor impairment of usefulness, of natural wear and tear or damage caused by the transfer of risk from faulty or negligent handling, excessive strain, unsuitable equipment, defective workmanship, inappropriate foundation soil or from particular external influences, after the contract is not provided, or from non-reproducible software errors. Will customers or third parties to improper modifications or repair work, so for these and the resulting consequences are no claims for defects.
8.10 Claims of the customer due to the purpose of subsequent performance necessary expenses, in particular transport, travel, labor and materials are excluded to the extent that such expenses have been increased by the fact that the item was subsequently transported to a place other than the premises of the customers have been placed unless it complies with the usage.
8.11 Claims of the customer against the company ebs Automatisierte Thermographie und Systemtechnik GmbH pursuant to § 478 BGB (Recourse to the proprietor) exist only insofar as the customer with its customers did not have statutory warranty claims exceeding agreement has taken. For the scope of the right of recourse against the purchaser company ebs Automatisierte Thermographie und Systemtechnik GmbH pursuant to § 478 paragraph 2 BGB No further 9.1 accordingly.
8.12 For claims for damages applies in the rest of No. 10 Further or other than those specified in this paragraph claims of the customer against the company ebs Automatisierte Thermographie und Systemtechnik GmbH and its agents because of a defect are excluded.
9. Limitation of Liability
9.1 Damages and compensation claims of the Purchaser (hereinafter: damage claims), for whatever legal reason, including infringement of duties arising in connection with the contract or tort, are excluded. This does not apply in cases of the assumption of a guarantee or a procurement risk. This is also not mandatory liability, eg under the Product Liability Act, in cases of gross misconduct (intentional and gross negligence), loss of life, body or health, and the violation of essential contractual obligations. The claim for damages for the violation of essential contractual obligations is limited to the typical contractual foreseeable damage, where no gross negligence, or loss of life, body or health. A change in the burden of proof to the detriment of the buyer is not connected.
9.2 This scheme applies to the customer accordingly.
9.3 For the liability for acts and for claims for damages based on the loss of life, body or health, shall apply the statutory limitation provisions. In addition, time-barred claims for damages against the company ebs Automatisierte Thermographie und Systemtechnik GmbH in one year.
When compared to different commitments of the supplier customers, but no longer than one year warranty applies to delivery to all sensors and detectors and associated electronics. Extended warranties require the written agreement and will terminate automatically without notice if the system is not presented in anually at ebs thermography and Automated Systems GmbH for technical inspection and calibration check. The initializing date starts with the date of delivery. The compliance with these regulations is alone the responsibility of the individual system owner – he bears all costs incurred for this purpose (calibration check, technical inspection, elimination of self-inflicted damages). Costs for the service can be requested any time.
10 Retention of title
10.1 The company ebs Automatisierte Thermographie und Systemtechnik GmbH retains title to the goods until full payment of the invoice price. In the case of goods to the customer as part of an ongoing business relationship of the firm ebs Automatisierte Thermographie und Systemtechnik GmbH relates reserves this property, until all their claims against the buyer of the business condition, including claims arising in the future, whether simultaneously or from subsequent contracts are settled. This also applies if some or all claims of the buyer in a current account and the balance has been struck and acknowledged. If, in connection with the payment of the purchase price by the customer a bill of exchange liability company ebs Automatisierte Thermographie und Systemtechnik GmbH founded, will cease to be retention of title does not redeem the bill by the customer as the drawee. Any default in payment of the customer is entitled ebs the company take back the goods, if the operation of the customer to enter and seize the goods. The customer is to surrender the goods undertakes.
10.2 During processing, together with the company ebs Automatisierte Thermographie und Systemtechnik GmbH acquires goods belonging to the company ebs Automatisierte Thermographie und Systemtechnik GmbH joint ownership of the new proportion of the monetary value of the goods to the other goods at the time of processing. If the goods for the company not ebs Automatisierte Thermographie und Systemtechnik GmbH belonging goods in accordance with § § 947, 948 BGB connected, mixed or blended, the company ebs Automatisierte Thermographie und Systemtechnik GmbH and co-owner in accordance with statutory provisions. If the customer by combining, mixing or blending the exclusive property, shall transfer to the seller is already co-owned by the ratio of the value of the goods to the other goods at the time of connection, mixing or blending. The customer has in these cases, the ownership or joint ownership of the company ebs Automatisierte Thermographie und Systemtechnik GmbH is a matter, also as conditional goods within the meaning of the above conditions apply, free to use.
10.3 If conditional goods, alone or together with the company ebs Automatisierte Thermographie und Systemtechnik GmbH belonging goods sold, then the customer already now, ie at the time of conclusion of a contract resulting from the resale of receivables in the amount of the value of goods for all ancillary rights and priority the rest from the company ebs Automatisierte Thermographie und Systemtechnik GmbH accepts the assignment. Value of the retained goods, the invoice amount of the company ebs Automatisierte Thermographie und Systemtechnik GmbH, the approach remains, however, except insofar as it is contrary to the rights of third parties. Is the continued retention goods sold in the ownership of the company ebs Automatisierte Thermographie und Systemtechnik GmbH, it covers the assignment of the receivable to the amount of the share value of the company ebs Automatisierte Thermographie und Systemtechnik GmbH to the joint ownership is.
10.4 If conditional goods by the customer as an essential component in the land, ship, ship-building or aircraft of a third party, then the customer is already against the third party or to which it is concerned, emerging assignable to compensation claims in the amount of the value of goods for all ancillary rights, including those on the granting of a mortgage security, with rank before the rest from the company ebs Automatisierte Thermographie und Systemtechnik GmbH accepts the assignment. No. 11.3 shall apply mutatis mutandis.
10.5 The buyer is entitled to sell, use or install the product reservation only proper in the usual course of business and only with the understanding authorized and empowered, demands that the meaning of paragraph 3-4 on the company ebs Automatisierte Thermographie und Systemtechnik GmbH actually going on. Among other decisions concerning the reservation commodity, especially as security or pledge the customer is not entitled. An assignment in the way of genuine factoring is the customer only under the condition that the company ebs Automatisierte Thermographie und Systemtechnik GmbH announced that under the factoring or bank account maintained in the accounts of the customer is displayed, or the proceeds factoring the value of the secured claim of the seller exceed. The crediting of the factoring proceeds will call the company ebs Automatisierte Thermographie und Systemtechnik GmbH and payable immediately.
10.6 The company ebs Automatisierte Thermographie und Systemtechnik GmbH empowers the customer subject to revocation, to collect the No. 11.3 to 11.5 assigned claims. The company ebs Automatisierte Thermographie und Systemtechnik GmbH will recover from its own power to not make use, as long as the buyer meets his payment obligations, including to third parties to comply. At the request of the Company ebs Automatisierte Thermographie und Systemtechnik GmbH, the customer has the debtors of the assigned receivables and to designate them the assignment, the Company ebs Automatisierte Thermographie und Systemtechnik GmbH is authorized, the debtors of the assignment also displayed. If there is an important reason, especially in case of default, cessation of payments, opening of an insolvency proceeding, protest, or if reasonable comparable evidence, the insolvency of the customer, suggest the company ebs Automatisierte Thermographie und Systemtechnik GmbH is entitled to recover the power of the customer to withdraw.
10.7 About enforcement actions of third parties in the retained goods or the assigned claims, the client of the firm ebs Automatisierte Thermographie und Systemtechnik GmbH forthwith surrender to the opposition the necessary documents to teach.
10.8 With the cessation of payments and / or request to open insolvency proceedings extinguish the right to resale, for use or installation of the conditional goods or the authorization to collect the assigned receivables, with a check or bill of protest which the debit
too. This does not apply to the rights of the liquidator.
10.9 If the value of the securities claims (possibly reduced by purchase and partial) by more than 15%, the company ebs Automatisierte Thermographie und Systemtechnik GmbH to the extent that restitution or release committed to their choice. With the eradication of all claims the company ebs Automatisierte Thermographie und Systemtechnik GmbH Engineering from the business relationship are the property of the reserved commodity and the claims assigned to the customer.
11 Industrial property rights and copyright law shortcomings
11.1 Unless otherwise agreed, the company ebs Automatisierte Thermographie und Systemtechnik GmbH is committed to supply only in the land of the free delivery of our intellectual property rights and copyrights of third parties (hereinafter: “IPR”) to provide. If a third party for infringement of property rights by the company ebs Automatisierte Thermographie und Systemtechnik GmbH rendered contractual supplies used against the customer has legitimate claims, the company is liable ebs Automatisierte Thermographie und Systemtechnik GmbH only to the customer within twelve months after completion of supply as follows:
a) The Company ebs Automatisierte Thermographie und Systemtechnik GmbH will at its option and at their own expense for the deliveries either secure a license, modify them so that the property right is not infringed, or exchange. If this is the company ebs Automatisierte Thermographie und Systemtechnik GmbH not to adequate condition, the customer statutory rescission and reduction rights.
b) Thermal imaging cameras of ebs ATUS GmbH do not meet the EU definition of medical devices, they also impose no claim to apply within the EU as a medical product and therefore they are not marketed in this way.
Medical devices as defined in directive 93/42/EWG are any instrument or means any instrument in combination with apparatus, equipment, software, material or other items, including the manufacturer’s specific to be used specifically for diagnostic and / or therapeutic purposes and for the proper functioning of the medical device software used, intended by the manufacturer to be used for human beings for the purposes of:
– Diagnosis, prevention, monitoring, treatment or alleviation of disease;
– Diagnosis, monitoring, treatment, mitigation or compensation for an injury or handicap;
– Investigation, replacement or modification of the anatomy or a physiological process;
– Contraception and birth control
Control and its principal intended main effect in or on the human body by pharmacological, immunological or metabolic means does not achieve, their operation may be assisted by such means. Options for a medical device is an object which is itself a product, but use by its manufacturer specifically defined purpose “together with a device” to enable that can be applied according to the manufacturer of the product stated purpose of the device.
c) The obligation of the Company ebs Automatisierte Thermographie und Systemtechnik GmbH to pay damages depends on No. 9.
d) The foregoing obligations of the Company ebs Automatisierte Thermographie und Systemtechnik GmbH exist only insofar as the customer, the company ebs Automatisierte Thermographie und Systemtechnik GmbH on the third-party claims promptly notified in writing, does not recognize a violation and the company ebs Automatisierte Thermographie und Systemtechnik GmbH all measures and settlement negotiations. If the customer using the delivery of harm reduction or other important reasons, he is obligated to the third party should be noted that with the use of setting no acknowledgment of rights. Any exemption obligations of the Company ebs Automatisierte Thermographie und Systemtechnik GmbH are to amount to the customer by the amount of the purchase price of the product is limited.
11.2 Claims of the customer are excluded if the infringement of an IPR.
11.3 Claims of the customer are also excluded, unless the law by special requirements of the customer, through one of the company ebs Automatisierte Thermographie und Systemtechnik GmbH does not use or probable cause is that the delivery by the customer together with altered or not by the company Ebs Automatisierte Thermographie und Systemtechnik GmbH und Systemtechnik GmbH delivered products.
11.4 In the case of property rights apply to the No. 11.1 a) in a regulated claims of customers, the remainder of the provisions for material accordingly.
11.5 Where other defects in title, the provisions according to the defect.
11.6 Further or other than those specified in this Article, the customer’s claims against the company ebs Automatisierte Thermographie und Systemtechnik GmbH and its agents because of a defect are excluded.
Unless explicitly written otherwise agreed, the company ebs Automatisierte Thermographie und Systemtechnik GmbH in connection with orders shall not be considered confidential information.
13 Design changes
The company ebs Automatisierte Thermographie und Systemtechnik GmbH reserves the right to make design changes at any time. She is not obliged to present such changes to products already delivered.
14 Venue and applicable law
14.1 Place of performance and jurisdiction for deliveries and payments (including checks and bills injunctions) as well as between the parties, all disputes arising, insofar as the customer is merchant, legal person of public law or special fund under public law, the headquarters of the company ebs Automatisierte Thermographie und Systemtechnik GmbH in Ismaning, Munich. The company ebs Automatisierte Thermographie und Systemtechnik GmbH is entitled to the customer at its place of business.
14.2 The relationship between the parties governed solely in accordance with the Federal Republic of Germany applicable law to the exclusion of the CISG (CISG) and the private international law.
14.3 If these Terms or in a language other than German, so the text is in German language is crucial for the resulting rights and obligations and their enforcement.
15 Binding of the Treaty
The Treaty remains in legal ineffectiveness of individual provisions in its other parts authentic. This does not apply if adherence to the Treaty as a whole in this case unreasonable for one party.
16 Battery law
Batteries Act – BattG
Last changed: 22/09/11
New legislation governing batteries: UBA’s BattG register goes online
On 1 December 2009 the Act Concerning the Placing on the Market, Collection and Environmentally Compatible Waste Management of Batteries and Accumulators (Batteriegesetz – BattG) will enter into force and supersede the Battery Ordinance.The register associated with BattG which the legislator has foreseen is accessible via the website of the German Federal Environment Agency (Umweltbundesamt – UBA) as of 1 December 2009. The purpose of the register is to ensure producer and importer stewardship of the waste management associated with their products. Producers, as defined by the new legislation, are obliged to register their presence on the market by 28 February 2010. Entry in the register is free of charge.
Collection and Environmentally Compatible Waste Management of Batteries and Accumulators (Batteriegesetz – BattG)
The ‘Batteries Act’ was promulgated on 30 June 2009. The legislation supersedes the Battery Ordinance and implements European Directive 2006/66/EC. It defines the scope of product responsibility to be borne by both battery producers and dealers. In addition to limitations already in place, the use of cadmium in battery and accumulator production will be capped. Established take-back systems will continue to operate. Labelling obligations will be modified as registration and notification obligations are introduced and collection targets for waste portable batteries are made binding.
Objectives of the new Batteries Act
The new legislation addresses producers, dealers, end users, and public waste disposal companies. It aims to minimise inputs of pollutants from batteries to waste materials. Additional objectives include maximising take-back volumes and integrating used battery disposal in the product responsibility of battery producers and trade, whereby environmental pollution caused by used batteries is to be reduced to an absolute minimum.
Batteries Act collection targets
According to government figures, some 1.5 billion portable batteries were sold in the Federal Republic of Germany in 2006. The new Batteries Act defines binding collection targets for the waste portable batteries. The foundation guaranteeing the uniform and nation-wide collection of waste portable batteries in Germany, the Joint Collection Scheme, (Gemeinsames Rücknahmesystem – GRS) as well as the producer-specific collection schemes for waste portable batteries must attain a collection rate of at least 35 percent by 2012, and a minimum of 45 percent by 2016.
Avio (NEC) Infrared Systems – Service Center
ebs Automatisierte Thermographie und Systemtechnik GmbH
Am Moosrain 7
85652 Landsham by Munich
(near to the Exhibition Center Munich and close to the Airport)
Tel.: Tel.: +49(0)1712811111
1. Our order confirmation is decisive for the conclusion of the contract and the contract of Rental, offers are subject to change.
2. The lease is at least a month (= 20 days), or multiples thereof, provided that no rent for a single day has been agreed. The rental period begins at pickup on the date on which the lease, the landlord leaves the warehouse in shipping on the next working day, based on the dispatch follows.
The rental period is extended by one month if the tenant rented holistic, harmless and non-functional on the last day of a rental period the owner has arrived.
3. the dispatch of the rental is made:
a. per parcel to the detriment of the tenant
b. shipping instruction issued in accordance of the tenant
c. by collecting
4. The dispatch of rented – infrared cameras, accessories, infrared dongle with software and operating instructions – rented – is in its original packaging, unbreakable, per parcel implement. The consignment of ebs Automatisierte Thermographie und Systemtechnik GmbH for tenants is usually insured. The goods returned by the tenant to ebs Automatisierte Thermographie und Systemtechnik GmbH has always assured to take place until the arrival camp ebs Automatisierte Thermographie und Systemtechnik GmbH to pay the tenant the full risk of harm and any transportation and insurance charges.
5. The rental fee is derived from the order confirmation; it is based on the offer prices, plus the statutory VAT. The rental fee is for the first month of rent payable in advance. The landlord is granted 10 days of payment for each following month of rent by first day of the month. If the agreed rental period by 3 days, will be 1/3 of the month’s rent extra. From the 4th Day will be a full month. The rental fees, charges and possibly the value added tax are strictly net within 10 days after the invoice date to pay. In default of payment, the outstanding amount of 5% above the Bundesbank discount interest rate, but with at least 9%. In addition, the lessor is entitled to the immediate return of the lease or to require it at the expense of the tenant council. If the tenant with a payment in arrears or the owners are aware of circumstances which the credit in question, all claims will be due immediately. In the event of irregularities is the landlord the right of access by the tenant when the tenant is granted, an immediate pickup of the rented to guarantee. The withholding of payments or set-off against any counter claims of the lessee is excluded, unless the counterclaims are undisputed or are based on intentional acts of the landlord.
6. The use of the tenant has rented only by specialists according to the operating instructions of the manufacturers and in the manner provided by the landlord to have them. Initial rental of rental fee is a system of instruction by qualified ebs Automatisierte Thermographie und Systemtechnik GmbH necessary. The tenant has all the instructions of the manufacturer or lessor to be observed scrupulously, as is also the technical instructions of the landlord to follow. The landlord is entitled to terminate the lease at any time on site to have it examined.
7. The tenant has rented in good condition to maintain an