General Terms and Conditions of IMM 2020 Event UG (as at: 10.06.2019)
All deliveries and services of the IMM Event UG occur exclusively under the basis of these terms and conditions. Changes to these terms and conditions are only valid with our written agreement.
Formation of Contract
1. Offers of the IMM2020 Event UG are generally without obligation
2. Insignificant discrepancies to the description of the offer are considered agreed and donot effect the fulfilment of the contract, so long as the discrepancy can be considered reasonable for the customer. This is particularly in the case of changes or improvements, for the technological development or upgrading of the products.
Despatch shall occur in our choice of standard packaging material. In the case of special Packaging requirements theses shall be invoiced to the customer. We are entitled to, but not bound, to insure the good on the customers invoice. Freight and cost free delivery occurs only after written confirmation through the user.
1. Through a delivery from a sub supplier which does not occur and cannot be substantiated by us, we are allowed to withdraw from the contract.
2. In the case of Force Majeure and other unforeseen, exceptional and through no fault of ours Events e.g. business disruption through fire or water or similar circumstances, outage of machinery, regulatory intervention (as well as at our sub suppliers), shortage of material, energy, transportation will be delayed, if we cannot fulfil our obligations due to theses circumstances, to a time which is reasonable.
3. If the delivery is delayed through the aforementioned circumstances or the service is impossible or unreasonable, then we will be released from our obligations.
4. In all other cases the customer is entitled to give us a written period of grace. After affectless passing of the period of grace the customer is allowed to withdraw from the contract.
5. The observance of the delivery time is based on various contract obligations which must be fulfilled by the customer.
1. The right of the customer to claim Damages is, conditional on the following regulations being excluded, when the damage has not occurred through wilful intent or gross negligence.
2. The warranty disclaimer is not valid, so long as we have not wilfully intended to injured an obligation; our duty of replacement in this case is limited to the typical contract, predictable damages. In particular we are not responsible for loss of earnings or savings.
1. Clear transport damage is to claimed immediately with the operative of the delivery company; to this effect late complaints will not be accepted.
Transfer of Risk
The risk is transferred to the customer upon handing over of the goods to the persons handling the transport or the goods have left our premisses, and whether or not the despatch has occurred at the place of delivery or who has paid for the shipping costs. Are the goods in stock and the despatch or collection is delayed through not reasons beyond our control, then the risk is transferred with the notification for shipment to the customer.
1. in the case of defects to the Goods, to which the taking of possession is also a guarantee, we are obliged to remedy the goods or to replace with a new shipment. Should we not be willing to remedy the defect or replace the goods , in particular if this is beyond an agreed period of time, then the customer is allowed to cancel the contract, request a reduction or damages. A repair is considered not to have occurred if it has twice not been repaired satisfactorily and a further repair is not considered reasonable by the customer.
2. Rights of the customer from warranty claims are excluded, when the customer has evidently not provided written details within 8 days of receiving the goods.
3. Precondition for the Warranty is, that the defective goods are viewed by us at the customers premises or that at our request the goods are sent to us for repair.
4. The accountability for the outcomes to changes or improvements by the side of the customer or third party is excluded.
5. The transfer of Warranty claims to third parties is excluded.
6. Es wird ausdrücklich darauf hingewiesen, dass im Falle der Verarbeitung vom Kunden gestellter Ware die Haftung für an diesen Waren auftretender Mängel infolge der Verarbeitung ausgeschlossen ist.
7. Geringe, technisch nicht vermeidbare Abweichungen der Qualität, Farbe und oder Größe des Materials können nicht beanstandet werden.
Reservation of Title
All delivered goods remain the property of IMM 2020 Event UG until paid for.
Place of Execution and Jurisdiction
For contracts with traders the agreed Place of execution for payment and delivery as well as the place of jurisdiction is the seat of our business, with the stipulation that we can also claim at the seat of the customer.
Should individual terms theses general terms and conditions be unworkable in part or in full then the remaining terms shall remain unaffected.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission has a Platform for the Online settlement of disputes (OS), which you can find under https://ec.europa.eu/consumers/odr . We are not bound nor do we have to take part in a settlement of dispute procedure.
IN THE EVENT OF ANY DISCREPANCIES TO THE ENGLISH WORDING THE GERMAN VERSION SHALL TAKE PRECEDENCE!