General Terms and Conditions (status: 1998)
Industriemontagen Obermeier GmbH, hereinafter referred to as IMO GmbH
Service appointments and deadlines for the delivery of spare parts are only binding when confirmed by us in writing (order confirmation). Until then our offers are non-binding.
Liability and warranty:
IMO GmbH shall be held liable only for the actual work carried out on the machines, machine assembly groups, plants and plant parts. IMO GmbH shall not be held liable for any consequential damage (including consequential harm caused by a defect), irrespective of its legal grounds. This disclaimer shall not apply to claims of the customer for damage caused by gross negligence (intention/gross fault) or the absence of guaranteed features if these guarantees would provide protection against such consequential damage. Machine inspections are carried out by us to the best of our knowledge and belief. However, we do not assume any liability for the completeness of the maintenance works carried out or spare parts installed by us. Furthermore, the company IMO GmbH shall not be held liable for damage or consequential damage caused by the installation of spare parts not supplied by IMO GmbH.
Hindrance of delivery:
Any disruption of production, acts of God, strikes, lockouts etc. affecting either us or our suppliers, as well as any other circumstances or events that prevent supply, production or shipment of goods release us from the obligation of complying with agreed delivery commitments for as long as these events last and entitle us, if the circumstances so require, to cancel the delivery obligations in whole or in part without entitling the customer to cancel the contract in such cases.
Retention of title
IMO GmbH retains ownership of the subject matter of the contract until all contractual payments have been received. In case of spare part deliveries, IMO GmbH retains ownership until the full payment of the agreed price has been received.
Documents, business documents:
IMO GmbH reserves the property rights and copyrights for any quotations, drawings, offers, invoices and other business documents. These documents shall not be made available to third parties.
Goods are dispatched from our company headquarters. All risks shall transfer to the customer with the handover of the spare parts delivery to the transport agent or contract carrier or, at the latest, with the departure from the company premises. If not specifically indicated, transportation route and means of transport are chosen by us to the best of our knowledge without any responsibility for the cheapest and quickest shipment. We shall not be obligated to take out transport insurance.
Prices and payment:
The agreed prices apply ex works. All packaging and shipment costs shall be borne by the customer. The statutory value-added tax valid at the moment of delivery or service provision will be added to the agreed price. All payments shall fall due without deduction immediately after receipt of invoice or according to the payment conditions as specified separately. The assembly works are billed according to the contractor’s current charge rates after completion of the works on the basis of the actual amount of work as shown in the activity report. The contractor reserves the right to ask for advance payments, interim bills and down payments. The invoiced amounts shall fall due 14 days after invoice receipt, unless otherwise agreed. The customer shall not withhold payments or setoff any counterclaims of the contractor disputed by the same. If the customer falls behind with payments due, the contractor shall be entitled to charge default interest of 5 percentage points per year above the base interest rate for the amount due (Section 247 BGB [German Civil Code]). If the customer is not a consumer as defined in Section 13 BGB, the default interest shall be 8 percentage points above the base interest rate.
The signed activity reports are the basis for invoicing. Reports must be signed by the customer or an authorised person by way of confirmation. In addition to the terms of the contract, the law of the Federal Republic of Germany shall apply with the exclusion of its private international law insofar as it refers to the validity of another legal system and with the exclusion of the UN Convention on contracts for the international sale of goods (CISG).
The aforementioned General Terms and Conditions of the company IMO GmbH shall be deemed accepted with the receipt of the order in writing by IMO GmbH.