The agreed terms are effective or
the following general terms and confitions.
GENERAL TERMS AND CONDITIONS
Sect. 1 Scope of Validity
The following General Terms and Conditions (GTC) govern solely the contractual relationship between us (novotek Vakuumtechnik GmbH, hereinafter referred to also as "Seller") and entrepreneurs who purchase goods from us (hereinafter referred to also as "Purchaser"). Conditions that oppose or differ from our terms and conditions are not accepted by us.
Sect. 2 Conclusion of Contract
(1) The offers on the Internet represent a non-binding invitation to you to purchase goods.
(2) You can put one or more products into the cart. In the course of the order process you enter your data and desires concerning payment method, delivery modalities etc. Once you have entered your information and clicked the order button, you submit a binding offer to conclude a purchase contract. You can also submit a binding order by telephone or by fax. The immediate confirmation by e-mail or fax that your order has been received does not yet constitute acceptance of the offer to buy.
(3) We are entitled to accept your offer by sending an order confirmation by e-mail within 2 working day. If the period in sentence 1 expires without acceptance, your offer is deemed to have lapsed, i.e. you are no longer bound to it. In the case of a telephone order, the purchase contract (hereinafter "Contract") is deemed valid if we accept your offer immediately. If the offer is not accepted immediately, then you are no longer bound to it.
Sect. 3 Information: Storage of the Contractual Text
The contract with the item details (e.g. kind of the product, price etc.) will be stored by us. You have no access to this information over the Internet. The GTC will be sent to you, additionally you have access to the GTC at any time via our website. If you desire to secure the product description on our webpage for own purposes you can make a screenshot (= screen photography) or alternatively print out the whole webpage at the time of the order.
The Contract with the item details (e.g. kind of product, price) will not be stored by us.
Sect. 4 Information: Correction Note
You can amend your entries at any time before submitting the order by using the delete key. We will keep you informed throughout the checkout process of further correction options. You can terminate the order process also at any time by closing of the browser window completely.
Sect. 5 Delivery
(1) The goods are shipped by the Seller at the expense and risk of the Buyer. The Seller determines the shipping method, shipping route and shipping company.
(2) The risk of loss, perishing or damage of the goods shall pass to the Buyer as soon as the goods are delivered to the first transport company or person by the Seller.
Sect. 6 Retention of Title
The Seller retains the title to the goods until settlement of all amounts receivable and other claims of the Seller against the Purchase which have accrued under this Contract, including those which may arise in the future.
Sect. 7 Suspending Performance of the Seller
(1) Without prejudice to the Seller's further legal rights, the Seller is entitled to suspend the performance of his obligations or to prevent the handing over of the Contract Products to the Purchaser if, in the Seller's own discretion, there are grounds for concern that the Purchaser may completely or partly fail to fulfil his obligations in accordance with the Contract.
(2) In particular, the right to suspend performance or to prevent the handing over to the Purchaser arises if the Purchaser insufficiently performs his obligations to enable payments to the Seller or any third party or pay with delay.
Sect. 8 Set off, Suspending Performance of the Purchaser
(1) The Purchaser's legal rights to set off against the claims of the Seller for payment are excluded, except where the Purchaser's corresponding claim has either been finally judicially determined or recognised by the Seller in writing.
(2) The Purchaser's legal rights to suspend the payment and to raise defences are excluded except where despite written warning the Seller has committed a fundamental breach of his obligations to deliver or transfer the title to the Contract products arising out of this Contract, and the Seller has not offered any adequate assurance.
Sect. 9 Non-conforming Contract Products
(1) The Contract products do not conform to this Contract if at the point of time of risk passing they clearly differ from the agreed specifications, or in the absence of agreed specifications, the Contract products do not fit to the usual purpose at the place of business of the Purchaser.
(2) The Seller is in particular not liable for the Contract products being fit for a peculiar purpose to which the Purchaser intended to use.
Sect. 10 Examination and Notice of Lack of Conformity
(1) The Purchaser is obliged to examine the contract products as required by law immediately, in any event not later than 5 days after the delivery has been effected, and in doing so to examine the delivery in every respect for any discoverable lack of conformity with the contract.
(2) When the contract goods do not correspond to the agreed condition, the purchaser is obliged to notify the seller about it in writhing without delay, in any case within 5 days after the examination of the contract goods.
Sect. 11 Consequences of Delivering Non-conforming Contract Products
(1) After timely notification of the defect in the Contract goods the Purchaser may request remedies in accordance with the UN Sales Convention as follows:
(2) The Purchaser is entitled to demand the delivery of substitute goods or the repair of the delivered goods. If the Seller refuses the delivery of substitute goods or the repair of the delivered goods, or if the performance of another repair attempt, following a failure attempt, is unreasonable the Purchaser is entitled to avoid the Contract or to demand a reduction in the purchase price.
(3) Each party is, in principle, responsible for occurred violations of the Contract and is liable to the other party for damages resulting from this, regardless of the question of a cancellation of the Contract, unless he can prove that the infringement was not essential and not caused by a fault of him or of any of his employees.
Sect. 12 Avoidance by the Seller
Without prejudice to the Seller's further legal rights, the Seller is entitled to cancel any transaction in whole or in part without compensation if:
- an insolvency proceedings against the Purchaser has commenced;
- the Seller does not receive the purchase price properly or in due time;
- for any other reason the Seller cannot be expected to fulfill his obligations by means which are unreasonable in particular in relation to the agreed counter performance.
Sect. 13 Force Majeure
(1) "Event of Force Majeure" means, in relation to either party, an event or circumstance beyond the reasonable control of that party, for example without limitation, strikes, lock outs and other industrial disputes, wars or embargoes on imports.
(2) The parties to this Contract shall not be deemed to be in breach of this Contract or otherwise liable to the other party for any delay in performance or any non-performance of any obligations under this Contract (and the time for performance shall be extended accordingly) if and to the extent that the delay or non-performance is due to an Event of Force Majeure.
Sect. 14 Governing law
(1) The legal relationship between the Seller and the Purchaser is governed by the German law including the United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods ("UN Sales Convention").
(2) Outside of the application of the UN Sales Convention, the contractual and non-contractual legal relationship between the parties shall be governed by and construed in accordance with the German law excluding the German Law pertaining to the conflict of laws (IPR).
Sect. 15 Governing Language
The official text of this Contract and any schedules or exhibits attached hereto shall be in German language. In the event of any dispute concerning the construction or interpretation of this Agreement, reference shall be made only to this Agreement as written in German and not to any translation into any other language.
Sect. 16 Participation in janoFair
If we are unable to resolve disputes arising from our contractual relationship by mutual agreement, the cost free dispute resolution procedure of janoFair is at your disposal. The limitation period of any claims is excluded for the duration of this procedure. If no agreement is reached, the state legal process remains open.