Terms of service
1. Scope
1.1. Our following terms and conditions apply to all deliveries and services by GREATECH GmbH. They therefore also apply to all future business of this type; even if they are not expressly agreed again. 1.2. Our terms and conditions apply exclusively. We do not recognize any conflicting or deviating conditions of the contractual partner unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we conclude the contract without reservation while being aware of conflicting or deviating conditions of the contractual partner. Unless otherwise stated in these terms and conditions, the terms and definitions of INCOTERMS 2010 apply.
2. Changes and additions
2.1. All agreements that are made between us and the client must be recorded in writing (if necessary also in an amendment contract).
2.2. Our employees are not authorized to make verbal agreements that go beyond the content of the written contract.
3. Conclusion of contract / subject matter of contract
3.1. Our offers are non-binding. Likewise, technical descriptions and other details in offers, brochures and other information are initially non-binding. A contract is only deemed to have been concluded when GREATECH GmbH confirms the acceptance of the GREATECH GmbH offer by the customer and thus the contract in writing.
3.2 We reserve property rights and copyrights to illustrations, drawings, calculations and other documents that we have made available to the client. They must not be made accessible to third parties; this also applies to all information received since the beginning of the contract negotiations with regard to our activities, services and goods. Before passing them on to third parties, the client requires our express written consent. If an offer from GREATECH GmbH is not accepted, the associated documents and documents must be returned to GREATECH GmbH immediately.
3.3 The information brought to our knowledge in connection with inquiries, orders and purchase orders is considered confidential unless the information is immediate Fulfillment of the order must be passed on to third parties.
3.4.If the order of our client qualifies as an offer according to § 145 BGB, we can accept this within 18 working days (order confirmation). The same applies if the order deviates from our previous offer.
3.5 Information within the meaning of Paragraph 3.1 as well as public statements made by us only become part of the description of services if express reference is made to them in our order confirmation within the meaning of Paragraph 3.4.
3.6 Place of performance for our services is our place of business.
3.7 For research, development and service contracts, the project described by the order and our order confirmation is the subject of the contract. Details can be found in the specifications, provided this has been agreed with us in a binding manner and in writing. In accordance with the content and nature of research, development and service contracts, service contract law applies to our legal relationship with the client, unless otherwise specified below or in individual contracts and expressly.
4. Prices and terms of payment
4.1. Our offers and prices are in euros, and where applicable by law, plus VAT to be shown separately at the respective statutory rate. Costs for freight, postage and insurance are not included in the price or in the remuneration, unless otherwise expressly agreed in writing.
4.2 Unless otherwise stated in the order confirmation, the price is in euros without deduction within 14 days Due for payment from the invoice date. Payments are deemed to have been made from the date on which the amount is freely available to us.
4.3. If the payment deadline is exceeded, we shall charge default interest in the amount of 8% above the applicable base rate.
4.4 Other forms of payment than bank transfer require a special written agreement. The client bears any costs arising from this on both sides.
4.5 If we become aware of circumstances which call the buyer's creditworthiness into question, in particular if payments are not due, we can make the entire remaining debt due immediately. In this case, we are also entitled to provide outstanding services only against prepayment or to request securities.
4.6 The client has a right to offset or a right of retention only for undisputed or legally established claims or claims and if these are based on the same contractual relationship.
5. Performance and obligation to cooperate