General Terms and Conditions
General Terms and Conditions of all IR: Modules & more GmbH
1. General information
1.1
These General Terms and Conditions, as amended, apply to all contracts of all IR: Modules & more GmbH for the sale of goods to customers outside Germany. This shall also apply where express reference is not made to these General Terms and Conditions in a given case.
1.2
Contrary, supplementary, or derogating terms and conditions of the customer or a third party are inapplicable, even where all IR: Modules & more GmbH has not expressly objected to them. The foregoing also applies where reference is made to correspondence that contains or refers to the customer's terms and conditions.
1.3
All offers of all IR: Modules & more GmbH are intended solely for commercial customers (entrepreneurs) and not for consumers. The goods of all IR: Modules & more GmbH are intended solely for commercial, industrial, and scientific applications and not for private use. This means that the legal regulations on the right of withdrawal from consumer contracts are not applicable.
2. Offer and acceptance
2.1
all IR: Modules & more GmbH sells goods exclusively through its website (www.IR-modules.com).
2.2
The customer's order constitutes a binding offer to purchase the relevant goods. The sale and purchase contract is concluded upon written acceptance (order confirmation) by all IR: Modules & more GmbH. Acceptance may be given within two weeks of the offer being received on the website.
2.3
The minimum order amount is € 100.00 net. For orders of less than €100.00 all IR: Modules & more GmbH charges a processing fee of € 20.00.
3. Prices
3.1
All prices are ex warehouse Stadecken-Elsheim, Germany, plus value added tax where applicable and the costs for shipping, packaging, and insurance. Shipping, packaging, and insurance costs, which in each case depend on weight and the delivery address, can be found in the table posted on the website. Any applicable duty of customs charge is for the account of the customer.
3.2
The purchase price is due and payable immediately following acceptance of the order by all IR: Modules & more GmbH. all IR: Modules & more GmbH delivers against advance payment, credit card payment and purchase on invoice. In the event of default, all IR: Modules & more GmbH is entitled to charge default interest in an amount of 1.5% per month or such lower amount permitted by applicable law. The payment method 'purchase on account' is offered by all IR: Modules & more GmbH in cooperation with a credit insurance company. The precondition for the use of the payment method 'purchase on account' is the confirmation of a credit limit by the credit insurer for the customer. The credit limit depends on the company’s registered office and the financial standing of the customer.
3.3
Applicable German value added tax is charged for deliveries within Germany. Value added tax is not charged for deliveries within the European Union, as long as the customer provided a valid value added tax identification number when placing the order. If a customer based in a Member State of the European Union does not provide a value added tax identification number, or does not provide a valid one, German value added tax will be charged for the delivery. The same applies to orders from outside Germany with a German delivery address. Value added tax is not charged for deliveries to countries outside of the European Union.
4. Delivery and transfer of risk
4.1
Where goods are shipped at the customer's request, the risk of their accidental loss or deterioration passes to the customer at the time of shipment. Unless agreed otherwise, all IR: Modules & more GmbH is free to choose the route and means of shipment. At the customer's request, all IR: Modules & more GmbH will insure deliveries in the customer's name and for its account.
4.2
The dispatch times indicated on the website are approximate only and are provided to the best of all IR: Modules & more GmbH 's knowledge. The dispatch times refer to the period between receipt of payment and handover of the goods by all IR: Modules & more GmbH to the logistics company assigned with the dispatch. If it is anticipated that the dispatch time will be exceeded, all IR: Modules & more GmbH will promptly notify the customer and advise it of the expected shipment date. If all IR: Modules & more GmbH or its suppliers experience operational disruptions, including as a result of force majeure (e.g. strikes, lock-outs, war, accidents, transportation failures, etc.), lack of labour or materials, or other events for which all IR: Modules & more GmbH is not responsible, all IR: Modules & more GmbH is released from its contractual duties for the duration of the relevant event. If the event persists for more than 20 days, both parties are entitled to terminate the contract.
4.3
If additional documents are required for import into the country of destination, the customer must specify and request them at the time of the order. If it fails to do so, all IR: Modules & more GmbH is not liable for any delays in delivery. If the goods cannot be delivered to the recipient because of failure to comply with import provisions, all IR: Modules & more GmbH is not obligated to take back the ordered goods or refund the purchase price.
5. Retention of title
5.1
If the goods were delivered prior to full payment of the purchase price, all IR: Modules & more GmbH retains title to the goods until payment in full, provided that this is permitted under the law of the country in whose territory the goods are located. If that law does not permit retention of title but does allow the goods to be made subject to other security rights that are similar to retention of title, all IR: Modules & more GmbH may exercise all rights of that nature. The customer is obligated to cooperate when all IR: Modules & more GmbH takes measures to protect its rights of ownership or the right to the goods equivalent thereto
6. Warranty
6.1
all IR: Modules & more GmbH warrants that the goods are free from material defects in materials and workmanship.
6.2
all IR: Modules & more GmbH supplies infrared modules for the thermal treatment of substrates of all kinds in industrial processes and in scientific applications. In addition, all IR: Modules & more GmbH offers suitable power supplies and accessories for those infrared modules, especially but not exclusively, infrared lamps for operating the modules. all IR: Modules & more GmbH only guarantees a specific radiation characteristic of the modules (areas, stripes, lines) and by no means certain processing results on the processed substrate desired by the user. The desired resulting processing characteristic is the sole responsibility of the user.
6.3
Delivered goods must be inspected by the customer without undue delay and customer shall notify all IR: Modules & more GmbH immediately of any defect identified. Defects not identifiable during the inspection shall be notified to all IR: Modules & more GmbH without undue delay after detection. If the customer fails to comply with its obligations under this clause 6.2 the goods shall be deemed accepted and any claims of the customer with respect to such defect shall be excluded.
6.4
If the delivered goods are defective, all IR: Modules & more GmbH will choose whether to repair the defect or to deliver defect-free replacement goods.
6.5
The customer is obligated to make the defective goods available to all IR: Modules & more GmbH for the purposes of inspection and testing. all IR: Modules & more GmbH bears the expenses required for the purposes of testing and rectification, provided that a defect actually exists. Otherwise, customer shall reimburse all IR: Modules & more GmbH for the costs incurred as a result of the warranty claim.
6.6
If all IR: Modules & more GmbH is in default with the rectification of the defect and fails to rectify the defect within a reasonable further timeframe set by the customer, the customer may rescind the contract and return the goods against refund of the purchase price.
6.7
All claims of customer pursuant to this clause 6 shall expire twelve months after delivery of the goods. The warranty pursuant to this clause 6 shall be the only warranty of the customer with respect to the goods and no further statutory warranty will apply.
7. Liability
7.1
all IR: Modules & more GmbH's liability under or in relation to the sale of goods shall be limited to 100% of the purchase price of the relevant goods. Any liability for lost profit and liability for indirect and consequential losses is excluded.
7.2
The limitations pursuant to clause 7.1 shall not apply in the event of wilful misconduct and for losses or damages arising from loss of life, physical injury, or damage to health provided the user complied with the relevant regulations for handling electrical equipment, working with electricity and high voltage, infrared light and the instructions in the operating manuals during applications.
8. Final provisions
8.1
The customer is entitled to rights of set-off or retention only to the extent that its claim is uncontested or has been reduced to an enforceable judgment.
8.2
Legally relevant declarations and notices by the customer must be given in writing in order to be effective, unless a stricter form is prescribed by statute. Derogations from these General Terms and Conditions are effective only if all IR: Modules & more GmbH confirms them in writing.
8.3
These General Terms and Conditions are governed by the laws of Switzerland under exclusion of conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8.4
Stadecken-Elsheim, Germany, is the place of performance. Mainz, Germany, is the exclusive place of jurisdiction for all disputes.
8.5
If individual provisions of these General Terms and Conditions should be or become ineffective or unenforceable, all other provisions remain in full force and effect. The ineffective or unenforceable provision is to be replaced by an effective and enforceable one whose effects most closely approximate the economic objective pursued by the contract parties with the ineffective or unenforceable provision. The foregoing provisions apply mutatis mutandis in the event that these General Terms and Conditions prove to have gaps.
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