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Phone +49 4952 8997 225 -
Email info@inovacat.de
Our order is subject to the exclusive application of our general terms and conditions of purchase.
(1) These terms and conditions of purchase shall apply exclusively. Differing or contrary terms shall not apply except if expressly agreed upon in writing.
(2) These terms and conditions of purchase shall also govern all future transactions between the parties and shall also apply if we accept delivery despite our knowledge of differing or contrary terms.
(3) These terms and conditions of purchase shall only apply vis á vis entrepreneurs, governmental entities, or special governmental estates within the meaning of sec. 310 para. 1 BGB (German Civil Code).
(1) The seller shall accept our order within a reasonable time not exceeding two weeks. Silence upon our offer shall be deemed acceptance.
(2) If we indicate so in the order, the seller shall manufacture the products according to technical specifications as notified by us in each individual case. The seller shall not be entitled to sell products customized according to our technical specifications to third parties without our written approval.
(3) It shall be agreed, that seller is obliged to label products in accordance with the technical specifications and with legal provisions of the country of manufacture as well as the countries of destination.
(1) Prices include delivery to our facilities, the respective statutory VAT and all costs for packaging, except as otherwise expressly agreed upon in writing.
The purchase price is due and payable within 14 days from receipt of the proper invoice with a 2 % discount or net within 30 days from receipt of the proper invoice, except as otherwise expressly agreed upon in writing.
We reserve all rights to offset or retain payment provided by applicable law.
(1) All delivery dates stated in the order or otherwise agreed upon are binding.
(2) The seller shall immediately inform us of any threatening or existing delay in delivery, the reasons for such delay and the anticipated duration of such delay. The foregoing shall not affect the occurrence of a default in delivery.
(3) We shall be entitled to alter delivery date and place as well as the type of packaging at any time by written notification with a time-limit of at least three calender days before the agreed date of delivery. The same shall apply with regard to Alterations of the technical specifications of the product, if such alteration can be realized within the regular manufacturing process of the seller without undue effort and cost. In these cases the notification period shall be at least eight calendar days Before the agreed date of delivery. We shall compensate to seller additional, proven and appropriate costs arising from the alteration. If such alterations shall result in defaults in delivery, which cannot be avoided in the normal manufacturing and process of seller with reasonable efforts, the originally agreed date of delivery shall be postponed accordingly. The seller shall, after thorough evaluation, inform us about the expected additional cost and delay of delivery in due time before the date of delivery, however at the latest within three working days after receipt of our notification according to sentence 1 here above.
(4) In case of default in delivery we reserve all rights under applicable law.
The risk of loss or damage to the goods passes to us upon delivery at the agreed place of delivery.
(1) We reserve all rights and remedies for non-conformity provided by applicable law. We are especially entitled, upon our election, to claim remedy of defects, redelivery of conforming goods, and damages.
(2) In case of imminent danger we are entitled, after giving notice to the seller, to remedy the defects at the seller’s cost.
(3) Upon receipt of our written notification of defects at the seller’s the statute of limitations shall be suspended until the seller rejects our claims or declares that the defect has been removed or refuses to negotiate our claims otherwise. In the case of replacement and removal of defects, the period of warranty with regard to the replaced or repaired parts shall begin anew once more, unless we had to assume, that seller did not feel obliged to but only replaced the products or removed the defects out of fair dealing or similar reasons.
(4) Warranty claims shall be time-barred after 36 months of the passage of risk.
(1) The seller shall, upon first demand, indemnify us and hold us harmless from and against any and all liability or claims of third parties based on the manufacture, delivery, storage, or use of the delivered goods. The above indemnification shall not apply if the claim is based on our intentional or grossly negligent breach of duties.
(2) The seller shall, at all times during the term of this contract, maintain product liability insurance with an adequate minimum insurance amount of € 5.000.000 for each single occurrence of personal and property damage. Further damages shall remain unaffected.
(3) The seller shall assure that the products do not infringe any third party’s rights in countries belonging to the European Union and in other countries in which the products have been manufactured.
(1) The seller warrants that the products are free from rights of third parties and that delivery of the products does not violate any rights of third parties. The seller shall indemnify us, upon first demand, from any claims of third parties in this regard.
(2) Claims based on defect in title shall be time-barred pursuant to § 7 (3) above.
(1) This contract shall be governed by the laws of the Federal Republic of Germany (excluding the Convention on Contracts for the International Sale of Goods).
(2) Place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be the seat of our company.
(3) The seller shall be obliged to keep confidential any and all information which has become known to him in connection with our order and use only in order to execute the order.
(4) An invalidity of individual provisions of this agreement shall not affect the validity of the other provisions. The invalid provision shall be deemed to be substituted by a provision which complies with the concurrent intention of the parties. Sentence 1 and 2 shall apply accordingly with regard to unintentional gaps within the agreement.
