Information
First Scope
1.1
The simex Construction GmbH provides all supplies and services exclusively under these Terms and Conditions (GTC). Opposing or deviating conditions of the customer are not recognized by the simex Baumschinenhandel GmbH, unless they have explicitly agreed to them.
1.2
The terms and conditions of simex Baumaschinenhandel GmbH apply to the ordering and delivery of construction equipment of all kinds and other merchandise made through the web platform of simex Baumschinenhandel GmbH www.simexbauma.de or otherwise. With each purchase and sale, the customer agrees with these Terms and Conditions agreement.
Delivery, documentation
2.1
The goods offered by the simex Baumaschinenhandel GmbH are not binding unless they are expressly referred to as a binding offer.
2.2
Differing regulations in the order or written order from the customer contradicts the simex Baumaschinenhandel GmbH herewith. They are also not binding on them if they trade the simex Baumaschinenhandel GmbH does not expressly contradict them.
2.3
Basis for the order written or verbal confirmation of the simex Baumaschinenhandel GmbH is the case of immediate execution of the contract, the invoice shall be deemed confirmation. If the customer objects to the contents of the order confirmation, he must object to this delay. Otherwise, the contract is in accordance with the order confirmation.
2.4
All text, images, graphics, etc. and other documents as well as their arrangement of simex Baumaschinenhandel GmbH are protected by copyright and other intellectual property laws. At the request must simex Baumaschinenhandel GmbH these documents will be returned. There is no right so far. Third may be made without prior approval of the simex Baumaschinenhandel GmbH is not accessible.
Delivery terms
3.1
simex Baumaschinenhandel GmbH stated delivery times and dates are only binding when they were not accepted as binding. Even binding agreed dates are not fixed, if they are not explicitly defined as such.
3.2
The delivery period begins with the order confirmation, but not before receipt of the customer"s documents and information about technical details, permits, approvals and payments agreed.
3.3
The delivery deadline is met if it is declared prior to the expiry of the shipment.
3.4
The delivery period shall be extended to measures in the context of labor disputes and unforeseen obstacles, which has the simex Baumaschinenhandel GmbH has no influence, if such obstacles delaying the delivery of the object in general. This also applies if these circumstances occur at sub-suppliers. The situation described here are also not be blamed on the simex Baumaschinenhandel GmbH , if they occur during an existing delay. In important cases, the beginning and end of such obstacles to the customer by the simex Baumaschinenhandel GmbH will be notified immediately.
3.5
If an agreed delivery deadline due simex Baumaschinenhandel GmbH for reasons exceeded by 6 weeks, the customer may cancel the contract only if he has the simex Baumaschinenhandel GmbH previously set a deadline of 3 weeks and explained that, after expiration of the grace period Power no longer accept. This does not apply if a deadline is not an impossibility, according to.
3.6
If the simex Baumaschinenhandel GmbH delay in delivery, it shall be liable for gross negligence in relation to the losses incurred to the customer, but not for consequential and punitive damages or indirect damages. The liability for slight negligence is excluded.
3.7
When a customer ships merchandise not reported immediately, he imposed two weeks after, according to the notice of readiness resulting from the storage costs, in particular storage and capital costs and losses on machines of the year.
3.8
If the customer after notification of readiness, the acquisition or issuance of shipping instructions or the performance of its payment obligation or the performance of the agreed security more than 2 weeks in default of acceptance, the simex Baumaschinenhandel GmbH after a previous period of 2 weeks is either entitled to cancel the contract or damages for non-fulfillment of at least 15% of contract price plus VAT to make claims, unless the customer can prove that the simex Baumaschinenhandel GmbH caused damage lower.
3.9
The delivery of any contract shall be EXW, Incoterms 2000.
4 Prices
4.1
The announced prices are ex works in Euro excluding VAT. The intermediate sale is reserved. Not included are the delivery and transportation costs. The simex Baumaschinenhandel GmbH reserves the right to change prices at any time.
4.2
For the customer purchased equipment and commodities listed in the order confirmation, agreed prices are binding.
4.3
The transport at the expense and risk of the customer.
4.4
Unless occur after the contract for execution of the contract for the simex Baumaschinenhandel GmbH unanticipated cost increases, it has the right to adjust prices under the changed circumstances and without charging an additional gain.
Payment
5.1.
All payments must be made in the absence of other agreements to advance to the simex Baumaschinenhandel GmbH.
5.2
Bills and checks are accepted only by express agreement. Discount fees and other charges shall be borne by the customer.
5.3
Letter of credit costs and foreign exchange losses borne by the customer.
5.4.
All claims of simex Baumaschinenhandel GmbH will be due immediately if the customer does not read each payment conditions. If several machines or other merchandise sold together, it must first be paid for all purchased items before shipped.
Settlement and Retention
6.1
The customer may only be one of simex Baumaschinenhandel GmbH acknowledged in writing or by offset legally binding judgment counterclaim.
6.2
The assertion of a lien, the customer is only allowed if it is based on the same contract and if the underlying counterclaims are simex Baumaschinenhandel GmbH acknowledged in writing or by declaratory judgment.
Transfer of risk / dispatch
7.1.
Ownership, possession and receipt of payment at risk are simex Baumaschinenhandel GmbH to the customer and vice versa for the purchase.
7.2
Deliveries are made at the customer"s risk. The simex Baumaschinenhandel GmbH has fulfilled its obligation to deliver when the goods were properly the carrier or freight forwarder to be loaded. This is true even if in individual cases, carriage paid delivery is agreed.
7.3
If delivery is delayed due to circumstances for which the customer is responsible, the risk passes from the date of dispatch to the customer.
7.4.
If the shipment, or the way the person shipping the simex Baumaschinenhandel GmbH selected, it shall be liable only for gross negligence in the selection.
Privacy Policy
8.1.
The simex Baumaschinenhandel GmbH assures the collection, processing and use of personal data, the provisions of the Data Protection Act (DPA) and to observe the relevant legal standards. The data specified by the customer will be kept confidential. The transfer of such data to third parties.
8.2
The Client hereby expressly consents to the use of his data.
Warranty
9.1.
The website of simex Baumaschinenhandel GmbH and other documentation were compiled with the greatest possible care. Nevertheless, the simex Baumaschinenhandel GmbH , the correctness and accuracy of the information contained herein is not guaranteed. It excludes all liability for damages incurred directly or indirectly from use of the website.
9.2
If this website refers to Internet sites operated by third parties that simex Baumaschinenhandel GmbH assumes no responsibility for their content.
9.3.
In addition, the publisher reserves the right to make changes or additions to the information.
9.4
The customer has to check for acceptance or receipt of each shipment for functionality and completeness. Complaints must be sent to the simex Baumaschinenhandel GmbH immediately in writing. The complaints are as detailed as possible to describe. When the carrier a statement of facts is cause.
9.5
Any delivery shall be "as inspected and agreed." Any liability for defects or other warranty claims are excluded.
9.6
Can the purchase by simex Baumaschinenhandel GmbH has the goods from the time of the Purchase Agreement remain unchanged until delivery in a technical and visual condition, otherwise simex Baumaschinenhandel GmbH corrective action, or a reduction in demand by law.
9.7
Operating hours or mileage levels are read and we assume no liability for its contents.
Retention of title
10.1.
simex Baumaschinenhandel GmbH retains title to all goods supplied by it, including the built-in front of her accessories, spare parts or replacement units until full payment of all claims explicitly from previous contracts. Such claims are also checks and notes receivable, and receivables from current account. If in connection with the payment of a liability due to exchange, the retention of title until the claim has ruled the simex Baumaschinenhandel GmbH from the bill.
10.2.
In case of seizure or other interference by third parties, the customer shall notify the simex Baumaschinenhandel GmbH immediately. The customer shall bear all costs that must be expended to lift the seizure and recovery of the delivered goods, if they can not be collected by the third party.
10.3.
The customer is entitled, subject to revocation for good cause acceptable to dispose of the item of supply in the context of a proper transaction. In particular, unauthorized collateral assignment and pledge.
10.4.
In the case of resale, the customer hereby assigns all claims from the resale, especially for payment but from also other claims related to the sale, in the amount of the final invoice (including VAT) to simex Baumaschinenhandel GmbH, and regardless of whether the delivered item has been resold without or after repairs.
10.5.
The Customer is entitled to a permissible revocation for cause by simex Baumaschinenhandel GmbH to collect the receivables assigned in trust. The resale of claims under a genuine factoring requires the prior consent of simex Baumaschinenhandel GmbH. For good reason, she is entitled to the assignment of claims on behalf of the customer known to the garnishees. With the assignment to the garnishee void the authority to collect the customer. In case of revocation of authority to collect, simex Baumaschinenhandel GmbH today announced that its customers of the assigned receivables and their debtors, provide all information necessary for collection, surrender the relevant documents and inform the debtors of the assignment.
10.6.
simex Baumaschinenhandel GmbH is also entitled, without the purchaser to make those under the law of the domicile or habitual residence of the buyer acts necessary to the effectiveness of retention of title.
Performance, Jurisdiction, Applicable Law
11.1
Place of delivery and payment for both parties to the seat of simex Baumaschinenhandel GmbH in Sindelfingen.
11.2.
Jurisdiction for all disputes arising from the contractual relationship, its creation and its effectiveness resulting litigation for both parties to the seat of simex Baumaschinenhandel GmbH in Sindelfingen. Choice may bring simex Baumaschinenhandel GmbH action at the customer location.
11.3
The GTC and the entire legal relationship between simex Baumaschinenhandel GmbH and the customer, the provisions of German law shall, without the conflict of law rules of private international law and excluding the UN purchase right.
Changes
12.1
Simex Baumaschinenhandel GmbH reserves the right to the present Terms and Conditions at any time to adapt to the conditions and apply them immediately.
12.2
Additional agreements and warranties as well as changes or additions to a written contract must be in writing.