1. General
These delivery and payment terms are for all business relationships, sales and other transactions between the customer and ROLLO SOLAR® Melichar GmbH comparative law-binding. Deviating agreements or additions, telephone and verbal agreements, are only binding if they are confirmed in writing by ROLLO SOLAR® Melichar GmbH. The possible legal invalidity of individual contractual provisions shall not affect the validity of other contract components.
2. Offer
Offers of ROLLO SOLAR® Melichar GmbH are non-binding. Valid on the day of delivery, which draw near any price and surcharges as well as based on official order or economic reasons price and recoverable tax increases reach to calculate. All prices are without VAT and ex works, excluding packaging, unless otherwise indicated on the offer conditions are leaves. Recommendations regard to the installation and the possibility of using the equipment and the technical devices are ROLLO SOLAR® Melichar GmbH to the best of the match-the experience, but without therefrom to assume any liability of any kind.
The supplies and services relevant illustrations, drawings, brochures, etc., and the data it contains for example on efficiency, technical data, weights and measures, etc. are only approximate and not binding. Models and drawings remain the property of ROLLO SOLAR® Melichar GmbH and third parties may not be made available without the written consent.
3. Confirmation
The order is then to these conditions to be accepted if it is confirmed in writing by ROLLO SOLAR® Melichar GmbH or promptly executed. Complaints of acknowledgments must be made immediately, within one week, be made in writing, otherwise than by the customer confirmations are fully recognized.
For price and cost increases between supply and order as well as between order confirmation and delivery ROLLO SOLAR® Melichar GmbH is entitled to make a corresponding price adjustment. The customer will be notified at least 4 weeks before effectiveness of a price increase. It is understood that on-demand "orders placed within a year are performed after placing the order. The time limit (even implicitly) by another year is possible. After 2 years from the date of placing the order, the delivery or service has to be removed at the latest, otherwise the client has to pay a clearance fee of at least 25% of the total contract sum as reimbursement for costs already incurred the work preparation as damages. With reimbursement of distance fee of contract, in terms of not yet accepted amounts, as applicable canceled.
For mistakes and typing errors and miscalculations ROLLO SOLAR® Melichar GmbH itself reserves the right to rectification and afterload.
4. Delivery and Acceptance
Shipping is at the expense and risk of the client, the latter even if ROLLO SOLAR® Melichar GmbH has taken over the transport costs and the transportation, this does not apply at Ver-brauchergeschäften. As far as a transport insurance is taken out, this is at the expense of the client. A guarantee of full liability covered by ROLLO SOLAR® Melichar GmbH is, however, explicitly not taken, this does not apply to consumer transactions.
Partial deliveries are possible; they are regarded as independent deliveries, which can be calculated separately. Compliance with an agreed delivery period is at ROLLO SOLAR® Melichar GmbH and their subcontractors to work undisturbed operation, timely delivery of the necessary raw materials and supplied parts and the agreed payments and other obligations of the client ahead.
Is ROLLO SOLAR® Melichar GmbH not deliver without fault in a position or based on the inability to deliver events of force majeure, the contractors are after a period of 2 months after the agreed delivery date be entitled to withdraw. Claims for damages due to a withdrawal of force majeure or lack of fault made by both parties. Cancellation of confirmed orders Orders can be made only if at least 25% of the contract price to the ROLLO SOLAR® Melichar GmbH for costs already incurred for work preparation will be refunded as compensation. For custom-made a withdrawal of the client from the contract in any event is not permitted. Drawings, dimensions and constructions of custom (eg handrails, access ladders, blinds, etc.), even if these are proposed by ROLLO SOLAR® Melichar GmbH shall be tested by the customer before making the parts for correctness. Shall be borne by the purchaser for wrong measurements returning uselessness or cost of changes to the finished product.
The completeness of the shipment has to be checked immediately. Any discrepancies are the ROLLO SOLAR Melichar GmbH to report within 3 days written notice. Subsequent complaints can not be recognized. For transport damage immediately record the facts must be-finished by the customer and sent to the ROLLO SOLAR® Melichar GmbH. For direct factory shipments unloading goes by truck or rail tank at the expense of the client.
5. Installation work
a) All work is carried out and calculated in accordance with those listed in the offer package prices taking into account the mentioned-labor and delivery.
b) If assemblers launched too early by the client on the job or prevented due to causes for which the Contractor is not responsible in the execution of their work, so are the resulting waiting or extra working hours and separately may become necessary additional travel costs calculated and shall be reimbursed by the client.
c) If the customer requires of the fitters to perform more work or modifications, these must first be confirmed by the client in writing to ROLLO SOLAR® Melichar GmbH and licensed by the contractor in writing. Such work will be invoiced in addition and must be reimbursed by the client. The fitter must perform such work only with permission ROLLO SOLAR® Melichar GmbH.
d) For works that perform the mechanics of the contractor to the client's request without the express consent of the contractor, any liability or warranty rejects the contractor both in terms of design as well as any resulting consequences, from the outset from.
e) changes and repairs will be charged only after actually used material, the actual working time, the relevant travel and related travel expenses.
For the execution of an order electricity and water are at the beginning of work to provide for free by the contracting authority are available. It is understood that the contractor may be run by part works contractors without special consent of the client.
All services and installation works that have not been ordered to already offered package prices are calculated according to the unit records of the contractor, the contractor may ask the outsourcer anytime.
If the execution of the order requires the client's request outside of normal working hours, as a special bonus is calculated.
6. Warranties
The warranty for assembly work amounted to 2 year olds. For the guarantee of the technical equipment of the manufacturer's warranty provisions apply.
Complaints must immediately, no later than one week after the goods arrive at their destination, be in writing and specified in the ROLLO SOLAR® Melichar GmbH. Parts due to faulty design, defective materials or poor workmanship within 6 months after the transfer of risk are proven to be unusable, or whose usability has been substantially impaired, will be repaired free of charge at our discretion at the place of use or in our workshops or free replaced at the factory. Replaced parts become property of ROLLO SOLAR® Melichar GmbH.
The delay is no fault of the blind ROLLO SOLAR® Melichar GmbH voids the warranty no later than 2 months after the transfer of risk. The warranty does not cover natural wear and damage, caused by incorrect or negligent handling over-moderate use and failure to comply with the instructions.
Warranty shall apply mutatis mutandis for repair work and replacement parts, but finds a compensation for the delay does not occur and there is a guarantee only up to the end of the original warranty period.
If an installation error made by an installer of ROLLO SOLAR® Melichar GmbH, the liability limited to correct this error by proper installation.
With tiled parts no guarantee for damaged tile is taken.
The elimination of defects may be refused so long as the client has not fulfilled his obligations. Additional costs for works, which are due to tampering of the client, paid by the client. Is engaged without the consent of ROLLO SOLAR® Melichar GmbH in one thing goes out the warranty / guarantee with immediate effect.
Compensation claims for direct or indirect damage of the client can not be invoked. Goods that are sold as lower quality or second-hand, is not subject to the warranty / guarantee.
7. Retention of title
The goods remain the property of ROLLO SOLAR® Melichar GmbH until all claims against the principal claim. Before complete fulfillment of its obligations to the customer may neither pledge the goods nor assign them as security. Any seizure must notify the customer immediately of ROLLO SOLAR® Melichar GmbH. The resale by the customer is only permissible within the scope of normal business transactions.
If an order is calculated on the customer's request at its client, so our client expressly disclaims liability for receipt of request.
8. Payment
Payments shall, unless otherwise agreed in writing, to be made within 14 days after the invoice date without deduction or within 8 days with 3% discount. The payment can not be made dependent on the commissioning of a plant. Repair and maintenance bills are immediately after receiving the invoice - to be paid - without deduction.
Offsetting and retention are - even with enforcement of warranty claims - excluded. If payments are deferred or made later than agreed, then gem for the meantime, interest at the rate of 5% above the base rate. Brought § 288 BGB in crediting, without requiring a separate notice. For each exported goods or services in the course of the construction progress each deduction payments at altitudes of 90% are the actual goods and services provided within
8 days to afford when prompted.
9. Place
Place of performance for deliveries and payments and exclusive jurisdiction for all disputes arising from transactions of any kind, even from the acceptance of bills, is Bad Toelz.
(Status as of 2016)