(1) We only sell to entrepreneurs. Our terms and conditions apply only to entrepreneurs within the meaning of § 14 BGB.
(2) Our terms and conditions apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if we are aware of them, unless their validity is expressly agreed in writing.
(1) Our offers are subject to change. We reserve the right to make technical changes, changes due to legal requirements, as well as changes in form, color and/or weight within reasonable limits. We are entitled to place subcontracts.
(2) We sell monitoring technology and analysis tools for CNC machines. We are obliged to hand over the goods to the customer and to procure ownership of the item. The customer is obliged to pay us the agreed purchase price and to accept the purchased item.
We expressly only owe the delivery of our goods - but not the compatibility, i.e. the fault-free interaction of our goods with our customers' systems.
(3) The timely fulfillment of our contractual performance obligation requires that all commercial and technical questions between the contracting parties have been clarified and that the customer provides essential information (machine number, task of the machine, control of the machine, etc.).
(4) By ordering goods / work, the customer makes a binding declaration that he wishes to purchase the ordered goods / place the order. We are entitled to accept the contractual offer contained in the order within two weeks of receipt.
(5) The conclusion of the contract is subject to correct and timely delivery by our suppliers. This shall only apply in the event that we are not responsible for the non-delivery, in particular if a congruent hedging transaction has been concluded with our supplier. The customer shall be informed immediately of the non-availability of the service. The consideration will be refunded immediately.
(1) The delivery time is based on the agreements. Our adherence to it presupposes that all commercial and technical questions between the contracting parties have been clarified and that the customer has fulfilled all obligations incumbent upon him. If this is not the case, the delivery time shall be extended accordingly. This shall not apply if we as the supplier are responsible for the delay.
(2) Compliance with the delivery period is subject to correct and timely delivery to us. We will inform you as soon as possible of any delays that become apparent.
(3) The delivery deadline shall be deemed to have been met if the subject matter of the contract has left the factory by the time it expires or readiness for dispatch has been notified. If acceptance is to take place, the acceptance date shall be decisive - except in the case of justified refusal of acceptance - or alternatively the notification of readiness for acceptance.
(4) If non-compliance with the delivery time is due to force majeure, labor disputes or other events beyond the supplier's control, the delivery time shall be extended accordingly. We shall inform the customer of the beginning and end of such circumstances as soon as possible.
(1) We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full.
(2) Until all claims have been settled in full, the customer shall be obliged to notify us immediately of any access by third parties to the goods, for example in the event of seizure, as well as of any damage to or destruction of the goods. The customer must notify us immediately of any change of ownership.
(3) If we are still the owner and the customer resells the goods, which he is entitled to do, the customer hereby assigns to us all claims in the amount of the invoice amount which accrue to him against a third party as a result of the resale. We accept the assignment. After the assignment, the customer is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the customer does not properly meet his payment obligations and is in default of payment. In this case, the customer is obliged to inform us of the assigned claims and his debtors, to provide all information necessary for collection, to hand over the relevant documents to us and to inform the third party of the assignment.
(4) If the goods are processed with items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods supplied by us to the other processed items. The same shall apply if the goods are mixed with other objects not belonging to us.
(5) We undertake to release the securities to which we are entitled if their value exceeds the claims to be secured by more than 10 %, insofar as these have not yet been settled.
(1) The agreed prices include all services owed.
(2) If taxes, customs duties, freight charges, fees or expenses are increased or newly introduced between conclusion and fulfillment of the contract, we shall be entitled to increase the purchase price accordingly. The prices shall apply for four months from the date of conclusion of the contract. If a delivery period of more than four months is agreed, we shall be entitled to pass on to the customer any cost increases that have occurred in the meantime for procurement/delivery, including those caused by changes in the law (e.g. increase in VAT), by increasing the price accordingly.
(3) Invoice amounts are due immediately upon receipt of the invoice. The customer shall be in default at the latest if he does not make payment within 30 days of the due date and receipt of an invoice or equivalent payment schedule. If the date of receipt of the invoice or payment schedule is uncertain, the customer shall be in default no later than 30 days after the due date and receipt of the consideration.
(4) If the customer is in default, the claim shall be collected by third parties. The customer shall incur corresponding reminder costs in accordance with §§ 280, 286 BGB.
(5) If the customer is in default, we shall be entitled to withhold deliveries of goods for the customer and other services until full payment has been made.
(6) The customer shall only have a right of set-off if his counterclaims have been legally established or recognized by us. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
(1) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale by dispatch upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
(2) If the customer is in default of acceptance, this shall be deemed equivalent to handover.
(3) If ordered goods are not accepted by the customer as agreed or are accepted late and if the customer is responsible for the non-acceptance, we are entitled to demand compensation (storage costs or similar).
(4) In the event of non-acceptance of ordered goods, we shall be entitled to claim damages for non-performance in the amount of 20% of the invoice amount, waiving performance of the contract after setting a grace period of 10 days. The compensation payment shall be correspondingly higher or lower if we prove higher damages or the customer proves lower damages.
(1) Claims for defects on the part of the customer presuppose that the customer has properly fulfilled his obligations to inspect the goods and give notice of defects in accordance with § 377 HGB (German Commercial Code).
(2) The warranty period shall be one year from delivery of the goods or acceptance of the work.
(3) We shall initially provide warranty for defects at our discretion by repair or replacement delivery or new production.
(4) If the customer can no longer reasonably be expected to adhere to the purchase contract in accordance with § 440 BGB, the customer may in principle demand a reduction in the purchase price (reduction) or rescission of the contract (withdrawal) at his discretion. However, in the event of a minor breach of contract, in particular in the case of minor defects, the customer shall not be entitled to withdraw from the contract.
(5) In principle, only the product description shall be deemed agreed as the quality of the goods. This results from the contract documents and the technical data. Public statements, promotions or advertising do not constitute a contractual description of the quality of the goods.
(1) Our liability - irrespective of the legal grounds - shall be limited to the foreseeable damage typical for the contract and to the value of the goods delivered. Liability for damages resulting from injury to life, body or health as well as for intent and gross negligence remains unaffected.
(2) Modifications, conversions or repairs to the delivered goods by the customer shall lead to the exclusion of any warranty or liability for the functionality and freedom from defects of the delivered goods.
(3) We accept no liability or warranty for damage, malfunctions or defects resulting from the fact that the customer or third parties commissioned by the customer carry out modifications, conversions or interventions on machines or systems in which our products have been installed, used or to which they have been connected after delivery of our goods.
If the customer makes such changes, modifications or interventions, the customer must prove that these are not the cause of the damage, malfunctions or defects. The statutory rights in the event of intent or gross negligence remain unaffected.
(4) The customer's claims for damages due to a defect shall become time-barred one year after delivery of the goods/acceptance of the work.
(5) The above limitations of liability do not apply to claims of the customer arising from product liability, in the event of physical injury or damage to health attributable to us or in the event of loss of life and if we can be accused of gross negligence, in the event of fraudulent concealment of the defect and from the assumption of a guarantee or a procurement risk.
(6) Insofar as our liability is excluded or limited, this shall also apply to our employees, workers, representatives and vicarious agents.
(1) The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
(2) Amendments to these provisions must be made in writing.
(3) Our place of business is the place of jurisdiction; however, we are also entitled to sue our contractual partner at his place of jurisdiction.
(4) Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
In order to process the contract, it is necessary to provide personal data such as name, address, e-mail address and bank details etc.. Data is only disclosed to cooperation partners/third parties to the extent necessary, for example for the purpose of shipping goods to the carrier. The customer can request information about this at any time. The customer can request the correction and transfer of the data we have stored about him at any time. He may request the deletion of his data within the framework of the legal requirements. All data shall be handled and used in accordance with the statutory data protection regulations. The customer has the right to revoke consent to the use of data at any time with effect for the future by letter post, fax or e-mail (to info@uttec.de). Further information: www.uttec.de/de/dsgvo
The products and services we offer are aimed exclusively at
to companies within the meaning of § 14 BGB and not to consumers
within the meaning of § 13 BGB.
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