Terms and conditions

Terms and conditions

 

• 1 Scope, definitions

(1) For the business relationship between the provider IBC – innovative building concepts GmbH & Co. KG  (hereinafter referred to as “provider”) and the Customer (hereinafter referred to as “customer”), the following general terms and conditions apply exclusively in their version valid at the time of the order. Divergent general terms and conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer within the meaning of § 13 BGB insofar as the purpose of the ordered deliveries and services can not be attributed predominantly to his commercial or independent professional activity. On the other hand, according to § 14 BGB, the entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, acts in the course of his commercial or independent professional activity.

(3) In the case of deviations, the German version of the general terms and conditions of the english version shall prevail.

 

• 2Subject of the contract / conclusion of the contract

(1) The customer can contact the provider, In particular, but not limited to, buy mobile formwork tables, as well as products from the field of renovation needs such as special plasters to remove moisture, semi-finished products such as concrete and cleaning additives. In addition, the provider also sells licenses and offers schooling. Concerning licenses, reference is made to the terms of the license agreement.

(2) The contract can be concluded via telephone, e-mail or in the shop of the provider. A contract over telephone or E-Mail comes off, if the customer receives an offer of the provider after giving his invitation to the offer and confirms this. The provider then sends an order confirmation to the customer. If the customer is an entrepreneur, the offer is deemed to have been accepted if the customer does not provide a confirmation but is silent on the offer.

(3) The customer is responsible for any country- specific certificates and product approvals as well as for legal documentation, tests, statics, etc. and must assume the associated costs. The provider offers a manual with the delivery oft he flexmobox. The customer indemnifies the provider from any claims in this regard from state institutions or third parties.

(4) The contract is concluded in german or english.

 

• 3Specialduties of the customer

(1) The customer agrees to participate in a paid schooling when purchasing the product “flexmobox”. The schooling is processed at the time of mounting/installation comissionign with the supplier. The schooling explains how to set up, dismantle and use the system. The customer may only use the “flexmobox“, as well as assemble and disassemble, if he has successfully participated in the schooling. The customer does not insure that the system is operated, set up or dismantled by third parties who have not been trained by the provider. When using and when assembling and dismantling the ” flexmobox “, the customer, as well as persons commissioned by him, must always adhere to the instructions given in the schooling.

(2) In case of pruchasing products  as special plasters for the removal of moisture, semi-finished products like concrete and plaster additives, which are specifically tailored to customer lems, the customer is fully in charge for approvals and legal evidence if these are required. The costs for approvals and proofs are borne by the customer.

(3) All maintenance and repairs shall be carried out by the partner companies authorized in writing and / or by authorized specialist companies of the provider, as a result of inadequate maintenance and / or repair and / or replacement of assemblies may result in an increased safety risk. Therefore, the warranty expires immediately with immediate effect.

(4) Safety measures must be discussed and carried out by the customer or the authorized persons of the customer independently and at their own discretion.
During initial assembly, the customer is not entitled to withdraw the cargo independently without the presence of the provider. The customer or the commissioned persons of the customer are responsible for every further situation-related unloading of the delivered products, as well as the flexmobox and their security and have to decide for themselves how the products and / or the flexmobox  safely gets out of the container and will be assembled. If the materials supplied for the construction and / or securing of the products and / or the switch table are not sufficient for the situation, the customer or the assigned persons of the customer have to independently provide additional security. The customer or the responsible persons of the customer are responsible for professional safe clothing  (wearing non-slip safety shoes, non-slip gloves, safety helmet, cut-resistant pants, cut-resistant jacket, etc.). The safety regulations of the flexmobox specified in the manual must be taken from the manual and adhered to. The customer or the commissioned persons of the customer are responsible for building up the flexmobox without appropriate schooling or instruction own responsibility and liable. The customer or the commissioned persons of the customer have to make their own independent decisions necessary for the safety of the persons involved, as well as the safety of the material and the shunting table and, if necessary, order and use them. The customer or the commissioned persons of the customer have to be self-sufficient and self-reliant on safety and make employees aware of dangers.

 

• 4Delivery, availability of the products

(1) Delivery times specified by the provider are calculated from the time of receipt of payment. The dates are not binding, unless they are expressly designated as binding. Delivery is done from the warehouse of the provider, where the place of performance is.
When purchasing a flexmobox, the place of performance is determined by the handover to the freight forwarder. At the request and expense of the customer, the goods will be sent to another destination (consignment purchase). Unless otherwise agreed, the provider is entitled to determine the nature of the shipment, in particular the carrier, shipping route and packaging itself.

(2) If no copies of the products selected by the customer are available at the time of ordering by the customer, the provider shall inform the customer immediately in the order confirmation. If the product is permanently not available, the provider denies a declaration of acceptance. A contract is not concluded in this case.

(3) If the product designated by the customer in the order is only temporarily unavailable, the provider shall also inform the customer immediately in the order confirmation.

(4) Insofar as acceptance has been agreed, this shall be decisive for the transfer of risk. In this case the legal regulations the work contract law will apply. The acceptance is the same if the customer is in default of acceptance.

(5) In the event of damage in transit, the customer must inform the provider immediately and arrange for the forwarder to examine the facts.

(6 ) The following delivery restrictions apply: The provider generally delivers ex works worldwide. Paragraph 2 (3) expressly states. The provider reserves the right not to sell to customers outside Germany. In this case, no contract is concluded and the provider notifies the customer.

 

• 4aResignation, other costs and expenses

(1) In the case of schooling, mounting, installation, maintenance, dismantling of machinery and / or equipment , the provider shall be reimbursed for the expenses incurred in accordance with the applicable installation and triggering rates of the provider, as well as the expenses for stay and access. The customer has to ensure that the assembly or installation can be carried out without interruption and the necessary preparations, such as foundation, electrical connection options, necessary vehicles, machines, materials and is available for the provider free of charge. Any additional expenses and costs for the waiting time of the provider caused by the customer shall be borne by the customer.

(2) If the customer withdraws from the contract after more than 14 days after the conclusion of the contract, he shall owe the provider a cancellation fee of 15% of the agreed invoice amount plus the costs incurred for work already carried out (eg working hours, travel, order of subcontractors etc.). Already made payments will be refunded to the customer less the above mentioned costs.

(3) If in case of delays in payment of the customer’s production planning and production processes or production interruptions are needed, the costs incurred by the customer plus the additional time spent by the provider are borne by the costumer, with an hourly rate of EUR 79.00 EUR per employee.

All accruing travel costs and travel times as well as necessary accommodation costs will be charged extra according to expenses. Accommodation costs including breakfast, taxi rides, rail and air travel are charged according to the incurred costs. For train and air travel the following applies:

• Train travel takes place in 2nd class
• Flights within a country or continent are in Economy Class
• Intercontinental flights, flights over 7 hours or night flights are in business class

For each kilometer driven by car, € 0.50 will be charged. The mileage allowance is valid for round trip.

In the event of delays by the provider he carries the non-refundable travel costs and any applicable cancellation costs.

Additional expenses for the catering of employees of the provider due to work-related travel activities, which the provider has to pay tax-free to his employees, must be remunerated.

These above-mentioned costs are deducted directly from deposit amounts.

 

• 5Retention of title

Until full payment of the purchase price, the products remain the property of the provider.

 

• 6prices and shipping

(1) All prices indicated on the website and in quotations of the provider are exclusive of each legal sale taxes, unless otherwise indicated.

(2) The products can be picked up on site or delivered by post / carrier.  The provider informs the customer in his offer about the carrier costs.

(3) The shipping risk is borne by the provider only, when the customer is a consumer.

 

• 7terms of payment and default

(1) The method of payment depends on the agreement of the parties. The provider reserves the acceptance of acceptances and customer changes for each individual case. Bills of exchange and checks are only accepted on account of performance. The claim is considered fulfilled only after redemption or credit of the payment. Discount charges and other charges are borne by the customer. In case of payment by bank or postalcheck transfer, the payment with the credit on the account of the provider is deemed to have been made. The provider is entitled to offset with counterclaims. The customer is entitled to this right only with claims that have been explicitly recognized by the provider or that have a final legal title. A right of retention of the customer is excluded, as far as this is legally permissible. § 8 remains untouched.

(2) Unless otherwise agreed , payments must be made up to 30 days after delivery ex works to the provider without deduction . Discount must be specifically agreed and will only be granted when the costumer is not in delay with other payments. If the due date of the payment is determined according to the calendar, the customer is already in delay by default of the appointment. In this case he has to pay a default interest of 5   percentage points above the base rate for the year tot he provider if he is a consumer. If the customer is an entrepreneur, the default interest is 9  percentage points above the base rate.

(3) When purchasing machinery and / or equipment and / or machine and / or plant components, a down payment of 75% of the purchase price is due before the start of production. The delivery time starts with complete receipt of money on the account of the provider.

(4) Machinery and / or equipment must be fully paid for prior to collection by a carrier or the customer himself and / or a third party.

(5) The obligation of the customer to pay default interest does not exclude the assertion of further damages by the provider.

 

• 8Warranty, guarantee

(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§   434 ff. BGB. The warranty period for goods supplied by the provider is limited to 12 months if the customer is a entrepeneur. When purchasing the “flexmobox ” and its accessories, the operating manual will only be handed over when the customer has completed the schooling in accordance with § 3 (1); A material defect is not justified by this.

(2) For used products, the warranty is limited to 12 months. It should be noted that for used products, as well as prototypes and exhibition products no documentation like manuals, operating instructions, CE marking and / or declarations of conformity is supplied. A material defect is not justified by this.

(3) The provider undertakes to deliver the goods in good commercial condition. The customer must inspect the goods after receipt of the goods or before processing, but at the latest before handover to third parties. Any complaints must be reported to the provider without delay, accompanied by samples. It is the customer’s responsibility to prove that the defect is not due to a lack of compliance with the manufacturer’s instructions on storage and processing.

(4) The provider is entitled to change designs within the reasonable limits of the customer. Changes that do not significantly affect the intended or agreed use of the product shall be deemed reasonable.

(5) If the customer is an entrepreneur, he has to inform the provider about defects immediately, however, at the latest within two weeks after delivery for the purpose of preservation of warranty claims of the customer defects. The defective items must be kept ready for inspection by the provider in the condition in which they are at the time of detection of the defect.

(6) An additional guarantee exists for the products offered by the provider only if this was explicitly stated in the order confirmation for the respective article. In particular there is no guarantee on the sale of used machines and / or exhibition equipment and / or prototypes and / or equipment and / or machinery which are manufactured according to the needs  and wishes oft he customer. A guarantee is not accepted if the customer violates § 3.

 

• 9Liability

(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or significant contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless he concerns claims for damages of the customer resulting from injury to life, limb or health.

(3) In particular, the provider shall not be liable if the customer does not take part in the schooling pursuant to § 3 (1) for the use of the ” flexmobox ” or if the ” flexmobox ” is operated and / or assembled by its vicarious agents or third parties, who did not attend the schooling. The provider is also not liable if the customer or persons commissioned by him do not operate the ” flexmobox ” properly as instructed in the schooling. In case the customer wants to work independently with the products without instruction / schooling he has to accept the responsibility. After the liability takever is done the customer will get a handout of the manual.

(4) The customer indemnifies the provider from any claims made by state institutions or third parties because the customer has not obtained any necessary permits to use the products sold.

(5) The provider is not liable if the customer does not comply with the obligations of repair according to § 3 (3). For approvals, examinations and proofs etc. according to § 2 Abs. 3 the liability lies with the customer.

(6) Liability with respect to entrepreneurs is excluded for lost profits.

(7) The provider is not liable for the exceeding of the agreed delivery date of individually made products  if he is not responsible for this circumstance (eg due to force majeure, failure of technical systems).

(8) The liability limitations in §9 (1) to (7) shall not apply insofar as the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods. The same applies if the provider and the customer have reached an agreement on the nature of the item. The provisions of the product liability act remain unaffected. A guarantee is not applied if the customer violates § 3.

(9) The limitations of §9 (1) to (7) also apply in favor of the legal representatives and vicarious agents of the provider, if claims are made directly against them.

 

• 10Cancellation

(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the provider subsequently informs in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.

 

Cancellation

 

Withdrawal

You have the right to withdraw from this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the date on which you or a third party named by you, who is not a carrier, has taken possession of the goods.

To exercise your right, you must inform us by a clear statement (eg.  sent by post mail, fax, phone call or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.

In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of the cancellation

If you withdraw from this agreement, we have have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us, all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the standard delivery offered). For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees.

We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.

They bear the immediate costs of returning the goods.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

(2) The right does not apply to contracts for the supply of goods that are not prefabricated and an individual selection or determination by the consumer is essential for the production or which are clearly tailored to the personal needs of the consumer.

(3) The provider informs about the model revocation form after the legal regulation as follows:

 

 

Model withdrawal form

(If you want to cancel the contract, then please fill in this form

and send it back.)

 

– At:
IBC – innovative building concepts GmbH & Co. KG
Kemptener Straße 1
D-86807 Buchloe

or E-Mail:   info@ibc-home.eu
or fax: +49 (0) 82 41 91 84 134
– I / we (*) hereby revoke the contract concluded by me / us (*)

on the purchase of the following goods ( *) /

– Ordered on ( *) / received on (*)

– name of the consumer (s)

– address of the consumer (s)

– Signature of the consumer (s) (only when notified on paper)

– date

(*) Please delete what is wrong

 

The revocation can also be declared by phone by calling the following number:
+49 (0) 82 41 91 83 968

 

• 11 secrecy

(1) “Confidential Information” means all information and documents relating to business transactions of the other party concerned which the other party becomes aware of.

(2) Both parties undertake to maintain confidentiality of the confidential information concerning the other party and to use it solely for the purpose of implementing this contract and for the purpose pursued thereby. This obligation will continue for a period of 24 months after termination of the contract.

(3) Both parties undertake to protect the confidentiality of all employees, and / or third parties who have access to the aforementioned business transactions. This obligation will continue for a period of 24 months after termination of the contract.

(4) The duty of secrecy according to §11 (2) does not apply to information

1. a) already known to the other party when the contract was concluded;
2. b) already published by the contractor at the time of transmission, without this resulting in a breach of confidentiality by the other party,
3. c) which the other party has expressly released in writing for disclosure,
4. d) which the other party has lawfully and without confidentiality has received from other sources, provided that the disclosure and exploitation of such confidential information does not infringe contractual or regulatory or regulatory requirements;
5. e) which the other party has itself developed without access to the customer’s confidential information,
6. f) which must be disclosed on the basis of statutory information, disclosure and / or publication requirements or official orders. To the extent permitted, the party obliged to do so will inform the other party as soon as possible and assist them as best they can to prevent disclosure.

(5) For each case of infringement of the obligation under §11 (2) and (3), the customer pays, if he is an entrepreneur,  a penalty in the amount of 50,000 EUR to the provider. In the case of continued infringements, the penalty will be re-charged for each month.

 

 

• 12Final provisions

(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany under exclusion of the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the head office site of the provider.

(3) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the inadmissible points, if available, the statutory provisions replaces the inadmissible points. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.

 

(All paragraphs mentioned within the terms and conditions refer to german law)

 

Status: 22nd January 2018