General terms and conditions
QMESS GMBH
Zur Weinhalde 5
88499 Riedlingen - Zell
1.
Our
deliveries,
services
and
offers
are
made
exclusively
on
the
basis
of
these
general
terms
and
conditions.
They
also
apply
to
all
future
transactions,
even
if
they
are
not
expressly
agreed
upon
again.
Counter-confirmation
by
the buyer with reference to his terms and conditions of business or purchase do not become part of the contract.
2.
All
agreements
made
between
us
and
the
customer
for
the
purpose
of
executing
a
contract
must
be
recorded
in
writing.
3.
We
reserve
ownership
rights
and
copyrights
to
calculations,
measuring
programmes,
technical
concepts
and
training documents. They may not be made accessible to third parties without our written consent.
4.
Tests in accordance with DIN EN ISO/IEC 17025 require an express written order.
5.
In
the
case
of
on-site
assignments,
our
employees
must
be
informed
by
the
customer
about
existing
safety
and
accident prevention regulations, insofar as these are of significance for our personnel.
6.
The
statutory
value
added
tax
is
not
included
in
our
offer
prices
and
cost
rates;
it
is
shown
separately
on
the
invoice at the statutory rate on the day of invoicing.
7.
Unless
otherwise
stated,
we
are
bound
by
the
prices
contained
in
our
offers
for
12
weeks
from
the
date
of
the
offer.
8.
Unless otherwise agreed, prices are quoted ex works.
9.
All
orders
will
be
invoiced
according
to
the
time
spent
by
our
personnel
for
work,
travel
and
waiting
times
for
which
they
are
not
responsible,
in
accordance
with
our
respective
valid
cost
rates,
unless
expressly
agreed
otherwise, e.g. a package price in accordance with the quotation.
10.
Unless
otherwise
agreed,
our
invoices
are
payable
30
days
after
invoicing
without
deduction.
The
date
of
receipt
of payment by us is decisive.
11.
The deduction of cash discount and payment in instalments requires special written agreement.
12.
If
the
seller
is
in
default,
we
are
entitled
to
demand
the
resulting
scale
of
costs
above
the
base
interest
rate
(§247
of the German Civil Code (BGB)).
13.
Place of jurisdiction and performance is Riedlingen/Donau, Germany.
14.
If
there
is
a
deficiency
in
the
purchased
item
for
which
we
are
responsible,
the
purchaser
is
entitled
to
demand
subsequent performance within a reasonable period of time.
15.
The notice of deficiency must be submitted to us in writing immediately after becoming aware of a deficiency.
16.
The statutory period for deficiency claims is twelve months from the date of delivery.
17.
Claims
for
damages
by
the
customer,
in
particular
for
compensation
for
indirect
and
consequential
damages,
regardless
of
the
legal
basis,
are
excluded.
In
case
of
gross
negligence,
our
liability
is
limited
to
100%
of
the
ordered project.
© 2020 Qmess GmbH