For use with:
- A person who, when the contract is signed, is acting in the exercise of their commercial or self-employed professional activity (business owner);
- legal entities under public law, or a special fund under public law
I. TERMS OF CONTRACT FOR ALL DELIVERIES AND SERVICES
1. Scope of application
a) Unless otherwise agreed in writing, the following terms and conditions shall apply to all - including future - contractual relationships.
b) Other conflicting terms and conditions of the customer shall not apply unless we have expressly agreed to their validity in writing. Their application is expressly contradicted. This objection shall also apply in the event that the customer has specified a special form for the objection. If an objection is excluded in the customer's terms and conditions of purchase, the statutory provision shall take the place of the divergent provisions in question.
c) The following terms and conditions also apply if IPS carries out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions are contrary to or deviate from its own terms and conditions.
d) In the absence of a special agreement, a contract is concluded with IPS' written order confirmation.
e) These General Terms and Conditions of Business also apply to all contractual relationships with foreign reference. German law applies exclusively to future deliveries and services; the contract language is German.
2. Deterioration of the purchaser's assets
a) If IPS becomes aware of circumstances which result in a significant deterioration or a considerable endangerment of the purchaser's assets and which give rise to justifiable doubts as to the contractual fulfilment of the purchaser's contractual obligations, IPS is entitled to refuse to perform its obligations until the purchaser makes counter-performance or provides security for it.
b) If the customer does not effect counter-performance or provide security within a reasonable period of time set by IPS, IPS can withdraw from the contract or terminate it. This also applies if IPS has rendered the service in whole or in part.
3. Defect report
At the express request of IPS, a defect report is to be drawn up upon acceptance of the services, which is to include all defects the purchaser reserves the right to assert. The report of defects is to be signed by representatives of both contracting parties.
4. Power of representation of the fitters
Fitters of IPS are not entitled to make legally binding declarations. The management/distribution of IPS is exclusively responsible for the execution of the contract.
5. Additional costs for rectification of defects abroad
If rectification of defects is to be carried out on delivery items abroad which the customer has already shipped to a foreign customer, the customer must bear the additional costs arising from the rectification work abroad, in particular the additional costs for the provision of IPS fitters and assistants.
6. Responsibility of the customer for documents to be provided
a) The customer shall assume sole responsibility for plans, documents, drawings, samples and the like, insofar as they are to be provided by him. In particular, the customer shall be responsible for ensuring that the documents submitted by him or their execution do not infringe the property rights of third parties.
b) In particular, IPS is not obliged to check with the customer whether any property rights of third parties are infringed upon by the submission of offers based on design drawings submitted by the customer.
c) Should IPS nevertheless be liable, the customer is to indemnify IPS in case of recourse claims.
d) In the event that damages occur as a result of faulty provision of materials by the customer or that the entire trade is defective for these reasons, the customer releases IPS from any claims.
7. Machinery Directive
Unless otherwise contractually agreed, the purchaser, as operator of a complete plant, is responsible for the conformity assessment, the declaration of conformity and the CE marking in accordance with the Machinery Directive 2006/46/EC.
8. Property rights / copyrights
IPS reserves the right to use samples, cost estimates, drawings etc. IPS reserves the right of ownership and copyright to samples, cost estimates, drawings and similar information of a physical and non-physical nature - also in electronic form; they must not be made accessible to third parties. IPS undertakes to make information and documents designated as confidential by the customer available to third parties only with the customer's consent.
9. Reservation of title
a) All delivered goods remain the property (reserved goods) of IPS until all claims, in particular the respective balance claims to which IPS is entitled within the scope of the business relationship have been settled (balance reservation). This also applies to future and conditional claims and also if payments are made for specially designated claims. This reservation of balance only expires definitively when all outstanding claims at the time of payment and those covered by this reservation of balance have been settled. IPS is entitled to assign the payment claims it is entitled to against the purchaser.
b) Treatment and processing of the reserved goods are carried out for IPS as manufacturer in the sense of § 950 BGB without obligating IPS. In the case of processing, connection and mixing of the reserved goods with other goods by the purchaser, IPS is entitled to co-ownership of the new item in proportion to the invoice value of the reserved goods to the invoice value of the other goods used.
c) If IPS' ownership expires due to combination or mixing, the purchaser hereby assigns to IPS the ownership rights to the new stock or item to which he is entitled to the extent of the invoice value of the reserved goods and stores them for IPS free of charge. The co-ownership rights of IPS are regarded as reserved goods in the sense of No.1.
d) The purchaser may only sell the reserved goods in the normal course of business and as long as he is not in arrears, provided that he retains ownership and that the claims from the resale are transferred to IPS in accordance with these conditions. He is not entitled to dispose of the reserved goods in any other way. The use of the reserved goods for the fulfilment of contracts for work and services is also considered to be resale.
e) The claims from the resale of the reserved goods are already now assigned to IPS together with all securities that the purchaser acquires for the claim. They serve as security to the same extent as the reserved goods. If the reserved goods are sold by the purchaser together with other goods not sold by IPS, then the claim from the resale is assigned to IPS in proportion to the invoice value of the reserved goods to the invoice value of the other goods sold. In the case of the sale of goods in which IPS has co-ownership shares according to c), a part corresponding to our co-ownership share is assigned to IPS.
f) The purchaser is entitled to collect claims from the resale. This collection authorisation expires upon revocation by IPS, but at the latest in the case of default of payment, dishonour of a bill of exchange or application for the opening of insolvency proceedings. IPS will make use of this right of revocation if, after conclusion of the contract, it becomes apparent that its payment claim from this or other contracts with the customer is endangered by the customer's lack of solvency. At the request of IPS, the purchaser is obliged to inform his customers immediately of the assignment to IPS and to hand over to us the documents required for collection. Under no circumstances is the purchaser authorised to assign the claims.
g) The purchaser must inform IPS immediately of any seizure or other impairments by third parties. The customer bears all costs that must be incurred in order to cancel the seizure or to return the reserved goods, unless they are reimbursed by third parties.
h) If the purchaser is in default of payment or does not honour a bill of exchange when due, IPS is entitled to take back the reserved goods and, if necessary, to enter the purchaser's premises for this purpose. The same applies if it becomes apparent after conclusion of the contract that IPS' claim for payment from this contract or from other contracts with the purchaser is endangered by the purchaser's lack of solvency. Taking back the goods does not constitute a withdrawal from the contract. Regulations of the Insolvency Code remain unaffected.
i) If the invoice value of the existing securities exceeds the secured claims including additional claims such as costs, interest etc. by more than 10% in total, IPS is obliged to release securities of IPS' choice upon the purchaser's request.
10. Applicable law, place of jurisdiction
a) The law of the Federal Republic of Germany applies exclusively to all legal relationships between IPS and the customer.
b) The place of jurisdiction is the court responsible for the registered office of IPS (Local Court Königstein/Taunus). However, IPS is entitled to file a suit at the customer's headquarters
II. ADDITIONAL TERMS OF CONTRACT FOR THE SUPPLY OF EQUIPMENT AND OTHER ITEMS
For the supply of machines, machine elements, accessories and other items, the following special terms and conditions shall apply in addition to the general terms and conditions of contract for all deliveries and services - in case of doubt with priority -:
1. Warranty limitation for production according to drawings
In the case of production according to the customer's drawing, IPS is only liable for the execution according to the drawing, irrespective of other limitations of warranty and liability.
2. Price and payment
a) In the absence of a special agreement, prices are ex works in accordance with Incoterms 2000, excluding packaging. Value added tax at the respective statutory rate shall be added to the prices. Unless otherwise agreed, payment shall be made in advance.
b) The customer shall only have the right to withhold payments or to offset them against counterclaims to the extent that his counterclaims are undisputed or have been legally established.
3. Delivery time, delay in delivery
a) The delivery time results from the agreements of the contracting parties. Its observance by IPS presupposes that all commercial and technical questions between the parties to the contract have been clarified and that the purchaser has fulfilled all obligations incumbent upon him, e.g. provision of the necessary official certificates or approvals or payment of a deposit. If this is not the case, the delivery period shall be extended accordingly. This does not apply if IPS is responsible for the delay.
b) Compliance with the delivery time is subject to correct and timely delivery to IPS. IPS will inform the customer as soon as possible of any impending delays.
c) The delivery deadline is deemed to have been met if the delivery item has left the IPS factory or readiness for dispatch has been notified before the deadline expires. If an acceptance is to take place, the acceptance date is decisive - except in the case of justified refusal of acceptance - or alternatively the notification of readiness for acceptance.
d) If the dispatch of the delivery item is delayed for reasons for which the customer is responsible, he will be charged for the costs incurred by the delay, beginning one month after notification of readiness for dispatch.
e) If the acceptance/commissioning of the delivery item is not carried out within 2 weeks after delivery, the agreed performance of the acceptance/commissioning expires and IPS issues the final invoice with the correspondingly reduced order value.
f) If the non-compliance with the delivery time is due to force majeure, labour disputes or other events that are beyond the control of IPS, the delivery time is extended accordingly. IPS will inform the purchaser of the beginning and end of such circumstances in a timely manner.
g) The customer can withdraw from the contract without setting a deadline if the entire performance becomes finally impossible for IPS before the transfer of risk. Furthermore, the purchaser can withdraw from the contract if, in the case of an order, the execution of part of the delivery becomes impossible and the purchaser has a justified interest in refusing partial delivery. If this is not the case, the customer must pay the contract price for the partial delivery. The same applies in case of incapacity on the part of IPS. If the impossibility or inability to perform occurs during the delay in acceptance or if the purchaser is solely or predominantly responsible for these circumstances, he remains obliged to provide consideration.
4. Transfer of risk, acceptance
a) The risk is transferred to the purchaser when the delivery item has left the factory, even if partial deliveries are made or IPS has assumed other services, e.g. shipping costs or delivery and installation. If acceptance is required, this is decisive for the transfer of risk. It must be carried out immediately on the acceptance date, alternatively after IPS has notified the customer that the goods are ready for acceptance. The customer is not allowed to refuse acceptance in the case of an insignificant defect.
b) If dispatch or acceptance is delayed or does not take place due to circumstances not attributable to IPS, the risk is transferred to the customer on the day of notification of readiness for dispatch or acceptance. IPS undertakes to take out the insurance policies requested by the customer at the customer's expense.
c) Partial deliveries are permissible insofar as they are reasonable for the customer.
5. claims for defects
1) For material defects of the delivery, IPS will pay the following compensation under exclusion of further claims - subject to Section II. Item 6 - warranty as follows:
a) All parts that prove to be defective due to circumstances prior to the transfer of risk are to be repaired or replaced free of defects at IPS's discretion. IPS must be notified immediately in writing of the discovery of such defects. Hidden defects must be reported in writing immediately after their discovery, at the latest, however, before the expiry of the agreed or statutory period of limitation. Replaced parts become the property of IPS. After the purchaser has carried out an agreed acceptance of the goods, the notification of defects which can be detected during the agreed type of acceptance is excluded.
b) The purchaser must, after consultation with IPS, provide IPS with the necessary time and opportunity to carry out all repairs and replacement deliveries that IPS deems necessary; otherwise IPS is released from liability for the consequences resulting from this. Only in urgent cases where operational safety is endangered or in order to prevent disproportionately large damages, whereby IPS is to be informed immediately, does the customer have the right to remedy the defect himself or have it remedied by third parties and to demand compensation for the necessary expenses from IPS.
c) Of the direct costs arising from the rectification of defects or replacement delivery, IPS bears the costs of the replacement part including shipping - provided the complaint proves to be justified. In addition, IPS bears the costs of disassembly and assembly as well as the costs of any necessary provision of the necessary fitters and assistants including travel expenses as long as this does not result in a disproportionate burden for IPS.
d) The customer has the right to withdraw from the contract within the framework of the legal regulations if IPS - under consideration of the legal exceptions - allows a reasonable period of time set for the repair or replacement delivery due to a material defect to elapse fruitlessly. If the defect is only insignificant, the customer is only entitled to a reduction of the contract price. The right to reduce the contract price is otherwise excluded. Further claims shall be determined in accordance with Section II Item 6b) of these terms and conditions.
e) No warranty is given in the following cases in particular: Unsuitable or improper use, faulty assembly or commissioning by the purchaser or third parties, natural wear and tear, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences; insofar as IPS is not responsible for them.
f) If the customer or a third party carries out improper repairs, IPS is not liable for the consequences resulting from this. The same applies to changes to the delivery item made without prior approval by IPS.
g) IPS can refuse subsequent fulfilment if it is only possible at disproportionate costs. As a rule, disproportionate is deemed to exist if the direct costs of subsequent fulfilment including the necessary expenses exceed 150% of the final invoice price (excluding sales tax) of the affected merchandise.
h) IPS will not assume any expenses that arise from the fact that the sold goods have been brought to a place other than the agreed place of fulfilment unless this would be in accordance with their contractual use.
i) The purchaser's rights of recourse against IPS according to § 478 BGB are limited to the legal scope of the claims for defects asserted by third parties against the purchaser and presuppose that the purchaser has fulfilled his obligation to notify IPS of defects according to § 377 HGB.
2) For defects of title of the delivery, IPS will pay for the delivery under exclusion of further claims - subject to section II. Item 6 - warranty as follows:
a) If the use of the delivery item leads to an infringement of industrial property rights or copyrights in Germany, IPS will, at its own expense, basically procure the right to further use for the customer or modify the delivery item in a way that is reasonable for the customer so that the infringement of property rights no longer exists. If this is not possible at economically reasonable conditions or within a reasonable period of time, the customer is entitled to withdraw from the contract. Under the aforementioned conditions, IPS is also entitled to withdraw from the contract. Furthermore, IPS will indemnify the customer from undisputed or legally binding claims of the respective owners of the property rights.
b) The obligations of IPS mentioned in this section II. under 2a) are, subject to point 6b) of this section II., final in the event of an infringement of property rights or copyrights. They only exist if
- the customer informs IPS immediately of any asserted infringements of property rights or copyrights,
- the customer supports IPS to a reasonable extent in the defence of the asserted claims or enables IPS to carry out the modification measures,
- IPS reserves the right to all defensive measures including out-of-court settlements, the defect of title is not based on an instruction of the customer and
- the infringement of rights was not caused by the fact that the customer has arbitrarily modified the delivery item or used it in a manner not in accordance with the contract.
a) If the delivery item cannot be used by the customer in accordance with the contract through the fault of IPS as a result of omitted or faulty execution of suggestions and advice given before or after conclusion of the contract or through the violation of other contractual secondary obligations - in particular instructions for operation and maintenance of the delivery item - the regulations of sections II. No. 5 and II. No. 6b) shall apply accordingly.
b) IPS is exclusively liable - for whatever legal reasons - for damages that have not occurred to the delivery item itself.
- in case of intent,
- in the event of gross negligence on the part of the owner/bodies or executive employees,
- in the event of culpable injury to life, body or health,
- in the case of defects which he has fraudulently concealed or the absence of which he has guaranteed
- in the event of defects in the delivery item, insofar as liability is assumed under the Product Liability Act for personal injury or property damage to privately used items. In the case of culpable violation of essential contractual obligations, IPS is also liable for gross negligence of non-executive employees and for slight negligence, in the latter case limited to reasonably foreseeable damage typical for the contract. Further claims are excluded.
7. Limitation period
All claims of the purchaser - for whatever legal reasons - shall become statute-barred 12 months after delivery of the goods. This shall not affect the statutory limitation periods for goods which have been used for a building in accordance with their normal use and which have caused its defectiveness. Furthermore, sentence 1 shall not apply in cases of gross negligence, intent, injury to life, body or health and in the case of fraudulent concealment of a defect. Rectification of defects and replacement delivery shall not cause the limitation period to start anew. For claims for damages according to section II. Section 6 the statutory periods shall apply.
8. Software use
a) Insofar as software is included in the scope of delivery, the customer is granted a non-exclusive right to use the software supplied including its documentation. It is provided for use on the delivery item intended for this purpose. Use of the software on more than one system is prohibited.
b) The Purchaser may only copy, revise, translate or convert the software from object code to source code to the extent permitted by law (§§ 69 a ff. UrhG [Copyright Act]). The customer undertakes not to remove manufacturer's details or copyright notices or to change them without the prior explicit consent of IPS.
c) All other rights to the software and documentation including copies remain with IPS or the software supplier. The granting of sub-licenses is not permitted.
III. ADDITIONAL TERMS OF CONTRACT FOR INSTALLATION
For assembly work - also insofar as it is carried out together with deliveries - the following special contractual conditions shall apply in addition to the general contractual conditions in sections I. and II. for all deliveries and services - in case of doubt with priority.
1. Scope of application
These terms and conditions of assembly apply to assembly work carried out by IPS (assembly contractor) unless otherwise agreed in individual cases.
2. Installation price and payment
a) The installation work shall be invoiced according to the appendix on a time basis, unless a lump-sum price has been expressly agreed.
b) The agreed amounts are exclusive of value-added tax, which is to be paid to the installation contractor in addition at the statutory rate.
c) The assembly work is generally invoiced according to time and other expenses at the rates for assembly services applicable at the time the order is placed, which IPS will send to the customer upon written request, unless these are enclosed.
d) The materials required for the assembly work will be invoiced according to the quantity actually required at the prices valid at the time the assembly work is carried out at IPS.
e) The invoicing of the assembly work is always made after acceptance. IPS is, however, entitled to demand appropriate advance payments on a weekly or monthly basis according to the progress of the assembly work. If the assembly work is interrupted for a considerable period of time at the instigation of the customer, IPS is entitled to invoice the assembly work performed up to that point.
f) Unless otherwise agreed upon in individual contracts, invoices are due for payment immediately upon receipt without any deductions.
g) The retention of payments or offsetting due to any counterclaims of the purchaser contested by IPS are not permitted.
3. Performance records
a) At the request of our fitters, the customer must certify the services rendered and working hours at any time, but at the latest after completion of the installation work on the activity reports (including the customer service report).
b) Performance records signed by the customer (including the customer service report) shall be the basis for invoicing.
4. Cooperation of the orderer
a) The customer shall support the installation personnel in carrying out the installation at his own expense.
b) He shall take the special measures necessary for the protection of persons and property at the installation site. He must also inform the installation manager of existing special safety regulations, insofar as these are of importance to the installation personnel. He shall inform the installation company about violations of such safety regulations by the installation personnel. In the event of serious violations, he may refuse the violator access to the installation site in consultation with the installation manager.
c) The Purchaser shall ensure a safe working environment; among other things, no handling or peripheral equipment shall be operated in the working area.
5. Technical assistance of the customer
a) The technical assistance provided by the customer must ensure that the installation work can be started immediately upon arrival of the installation personnel and can be carried out without delay until acceptance by the customer. If special plans or instructions of the installation contractor are required, the installation contractor shall make them available to the orderer in good time.
b) If the orderer does not fulfil his obligations, the installation contractor is entitled, but not obliged, after setting a deadline, to carry out the actions incumbent on the orderer in his place and at his expense. Otherwise, the statutory rights and claims of the installation contractor shall remain unaffected.
c) The customer is obliged to provide technical assistance at his own expense, in particular to
- providing the necessary suitable auxiliary personnel (bricklayers, carpenters, fitters and other skilled workers, henchmen) in the number and for the time required for the installation; the auxiliary personnel must follow the instructions of the installation supervisor. The installation contractor shall not be liable for the auxiliary workers. If the auxiliary workers have caused a defect or damage due to the instructions of the foreman, Section III shall apply. No. 8 applies.
- Carrying out all earth, construction, bedding and scaffolding work, including the procurement of the necessary building materials.
- Provision of the necessary devices and heavy tools (e.g. lifting gear, compressors) as well as the necessary commodities and materials (e.g. scaffolding timber, wedges, supports, cement, plaster and sealing material, lubricants, fuels, drive ropes and belts).
- Provision of heating, lighting, operating power, water, including the necessary connections. - Provision of necessary dry and lockable rooms for the storage of the tools of the installation personnel.
- Transport of the assembly parts at the assembly site, protection of the assembly site and materials against harmful influences of any kind, cleaning of the assembly site.
- Provision of suitable, theft-proof lounges and work rooms (with heating, lighting, washing facilities, sanitary facilities) and first aid for the assembly personnel.
- Provision of the materials and performance of all other actions necessary to adjust the item to be installed and to carry out a contractually agreed test.
d) Furthermore, the following general assembly conditions / requirements apply
- Electrical power and electricity installations and light must be available and electricity must be provided free of charge.
- The assembly room must be heated during the cold season.
- A suitable room must be provided for parking and storing the assembly tools etc.
- The load-bearing capacity of the floor must be checked by the customer.
- The unloading and transport of the materials to be installed to the installation site is part of the customer's services.
- If necessary, the customer must provide auxiliary personnel, tools, lifting equipment and possibly forklift trucks free of charge.
- Masonry and caulking work is always carried out by the customer.
6. Assembly deadline, assembly delay
a) The installation period shall be deemed to have been complied with if, by the time it expires, the installation is ready for acceptance by the customer, or, in the case of a contractually agreed test, if it is ready to be carried out.
b) If the assembly is delayed due to measures within the scope of labour disputes, in particular strikes and lock-outs, as well as the occurrence of circumstances for which IPS is not responsible, the assembly deadline will be extended appropriately, provided that such obstacles can be proven to have a considerable influence on the completion of the assembly.
7. Acceptance, commissioning
a) The customer is obliged to accept the assembly as soon as he has been notified of its completion and any contractually agreed test of the assembled object has taken place. The installation supervisor shall be certified as having properly completed the installation and acceptance. If the assembly proves not to be in accordance with the contract, the assembly contractor shall be obliged to remedy the defect. This does not apply if the defect is insignificant for the interests of the orderer or is due to a circumstance for which the orderer is responsible. If the defect is not material, the customer may not refuse acceptance.
b) If acceptance or commissioning is delayed through no fault of IPS, acceptance is deemed to have taken place two weeks after notification of completion of assembly or delivery.
c) Upon acceptance, IPS is no longer liable for recognisable defects unless the purchaser has reserved the right to assert a specific defect.
8. claims for defects, liability of the installation contractor (IPS), exclusion of liability
a) After acceptance of the assembly, IPS is liable for defects in the assembly to the exclusion of all other claims of the purchaser irrespective of Section III. No. 8 e) to h) in such a way that it must remedy the defects. The purchaser must immediately notify IPS in writing of any defects detected.
b) IPS is not liable if the defect is insignificant for the interests of the purchaser or is due to a circumstance that is attributable to the purchaser.
c) In the case of improper modifications or repair work carried out by the customer or third parties without prior approval by IPS, IPS' liability for the consequences resulting from such modifications or repair work is cancelled. Only in urgent cases where operational safety is endangered and in order to prevent disproportionately large damages, whereby IPS is to be informed immediately, or if IPS - under consideration of the legal exceptions - has allowed a reasonable period of time set for it to remedy the defect to elapse without success, does the customer have the right, within the framework of the legal regulations, to remedy the defect himself or have it remedied by a third party and to demand compensation for the necessary costs from IPS.
d) Of the direct costs arising from the rectification of defects, IPS bears the costs of the replacement part including shipping - provided that the complaint proves to be justified. Furthermore, IPS bears the costs of removal and installation as well as the costs of any necessary provision of the necessary fitters and assistants including travel expenses as far as this does not result in a disproportionate burden for IPS.
e) If IPS - under consideration of the legal exceptions - allows a reasonable period of time set for the removal of defects to elapse fruitlessly, the customer is entitled to a reduction of the purchase price within the scope of the legal regulations. The customer can only withdraw from the contract if the assembly is demonstrably of no interest to the customer despite the reduction. Further claims are determined exclusively according to No. 8 h) of these conditions.
f) If, during assembly, an assembly part supplied by IPS is damaged through the fault of IPS, IPS must, at its discretion, either repair it at its own expense or supply a new part.
g) If, due to the fault of IPS, the assembled item cannot be used by the customer in accordance with the contract as a result of omitted or faulty execution of suggestions and advice given before or after conclusion of the contract as well as other contractual collateral obligations - in particular instructions for operation and maintenance of the assembled item - the regulations listed in this section under no. 8 apply to the exclusion of further claims of the customer.
h) IPS is liable for damage not occurring on the assembled item itself for whatever legal reasons
- on purpose,
- in the event of gross negligence on the part of the owner/bodies or executive employees,
- in the event of culpable injury to life, body or health,
- for defects that he maliciously concealed,
- within the framework of a guarantee commitment,
- insofar as liability is assumed under the Product Liability Act for personal injury or property damage to privately used objects. In the case of culpable violation of essential contractual obligations, IPS is also liable for gross negligence of non-executive employees and for slight negligence, in the latter case limited to reasonably foreseeable damage typical for the contract. Further claims are excluded.
i) The assembly times stated by IPS are non-binding guide values since delays may occur due to unforeseen difficulties and circumstances beyond the control of IPS. IPS is not liable for damage caused by unauthorised persons when the system is put into operation in the absence of the IPS employee. IPS is also not liable for unauthorised modifications carried out without the consent of IPS.
j) From the time of delivery of the devices by IPS, the customer assumes liability for damage and loss of the system components.
k) Agreements deviating from these provisions require written confirmation.
9. Limitation period
All claims of the purchaser - for whatever legal reasons - shall become statute-barred after 12 months. For claims for damages according to section III. No. 8 h) the statutory periods shall apply.
10. Compensation of the orderer
If, through no fault of IPS, the devices or tools provided by IPS are damaged on the assembly site or if they are lost through no fault of IPS, the purchaser is obliged to compensate for these damages. Damage resulting from normal wear and tear is not taken into consideration.
Einhausen, June 2020