1.1 Each offer and contract, and the performance of each offer and contract, whether
preparatory or performance-related in nature, including inter alia offers, order confirmations and deliveries, shall be governed exclusively by these General Terms and Conditions. Any departure from these General Terms and Conditions must be agreed upon by us explicitly in writing and shall apply only to the relevant contract.
1.2 In these Terms and Conditions, the "Other Party" shall be understood to mean
any legal entity or natural person who has entered into or wishes to enter into a contract with our company and, in addition to the latter, each of their agents, authorised representatives and assignees.
1.3 Terms and conditions that are different than these General Terms and Conditions
shall apply only if we have accepted them explicitly in writing and only to the relevant contract or contracts.
1.4 Should any provision in these General Terms and Conditions be invalid for whatever reason, the rest of these Terms and Conditions shall remain in effect.
1.5 Should any provision of these General Terms and Conditions or the contract be
invalid for whatever reason, the parties shall negotiate on the contents of a new provision, the content of which shall be as close as possible to that of the original provision.
2 OFFERS
2.1 All offers made shall remain valid during a period indicated by us. Failing such a
period, our offers are without obligation with respect to the price, contents and execution as well as the delivery time and availability for a period not exceeding three months.
2.2 All price lists, brochures, drawings, designs, switch diagrams and other information provided are as accurate as possible. These are only binding on us if confirmed explicitly in writing.
2.3 All data and/or information provided with an offer shall remain our property or intellectual property and must be returned at our first request.
2.4 The sending of offers, documentation and/or further documentation shall not oblige us to deliver or accept the order, unless the offer is irrevocable and the Other Party indicates that they accept this offer.
2.5 We reserve the right to make technical modifications to the extent that this does
not alter the function and use of the goods. As a result, technical specifications, as well as dimensions and weights, may alter or be altered.
3 CONTRACT
3.1 Subject to the terms below, a contract with us shall not be entered into until we
have explicitly accepted or confirmed a written order in writing. The order confirmation shall be deemed to truly and fully represent the contract.
3.2 Any additional agreements or changes made after entering into the contract, as
well as any agreements and/or commitments made (orally or otherwise) by our staff or on our behalf by our salespersons, agents, representatives or other intermediaries shall only be binding on us if we have confirmed these agreements and/or commitments in writing.
3.3 A contract for work for which no offer or order confirmation has been sent because of its nature and scope shall be entered into at the moment the actual performance of the contract is started by us or on our behalf. The invoice shall also serve as an order confirmation, which shall also be deemed to truly and fully represent the contract. Concerning the terms of Articles 3.1, 3.2 and 3.3, our records shall be determinative, unless there is written proof to the contrary.
3.4 Each contract is entered into by us under the condition precedent that the Other Party proves that it is, in our sole discretion, sufficiently creditworthy to fulfil the financial terms of the contract.
3.5 On or after entering into the contract, and prior to performance or further performance of the contract, we may require security from the Other Party to ensure that payment and other obligations will be fulfilled.
3.6 We may, if we consider this to be necessary or desirable, engage third parties for
the proper performance of the contract.
