| 1. |
The following conditions are accepted by both Jens-Peter
Kappert Instrumentenservice and the customer as constituting
part of the contract. Any agreements reached deviating
from these conditions are only valid if made in writing
and signed by all parties. |
| 2. |
All specifications with regard to products, publications,
etc. are subject to alteration unless expressly referred
to as binding. |
| 3. |
The contract takes effect upon acceptance of the
order. |
| 4. |
All prices quoted are inclusive of VAT, but exclude
postage and packing. |
| 5. |
Goods can be paid for by bank transfer within 14
days of receipt. The customer shall be considered to
be in arrears after receipt of a written payment demand
or automatically 30 days after receipt of the goods
in question. Should the customer fall into arrears,
Jens-Peter Kappert Instrumentenservice is entitled to
levy interest at a rate of 5% p.a. in excess of the
current basic rate of interest of the German Federal
Bank. In the case of first-time customers, dispatch
occurs after receipt of payment. |
| 6. |
All goods remain the property of Jens-Peter Kappert
Instrumentenservice until payment in full (in the case
of payment by cheque, until it is paid). During this time,
goods may not be sold, hired out, lent or otherwise disposed
of. Repairs by any third party will invalidate the guarantee.
In the case of theft or any other circumstances resulting
in the negation of any of Jens-Peter Kappert Instrumentenservice’s
rights during the guarantee period, the customer shall
inform Jens-Peter Kappert Instrumentenservice immediately.
During the guarantee period or any period during which
the customer is in possession of goods for which he has
not yet paid in full, he shall be liable to compensate
Jens-Peter Kappert Instrumentenservice in all cases of
damage or loss. In case of breach of contract on the part
of the customer, in particular delayed payment, Jens-Peter
Kappert Instrumentenservice is entitled to take repossession
of the goods in question, without prejudice to all other
rights and claims of Jens-Peter Kappert Instrumentenservice. |
| 7. |
The risk in the goods passes to the customer at the
time of dispatch. Information regarding delivery times
is estimated only, unless specifically agreed in writing. |
| 8. |
Jens-Peter Kappert Instrumentenservice has a right of
lien on those goods manufactured or repaired by it, in
connection with the fulfillment of its contractual rights. |
| 9. |
a) Jens-Peter Kappert Instrumentenservice is entitled
to withdraw from the contract in the case of:
- acts of God or any other circumstances for which it
cannot accept responsibility, resulting in it being
unable to dispatch the goods;
- non-payment within a period of 14 days beyond the
agreed deadline, or failure to observe a subsequently
agreed deadline extension.
b) The customer is entitled to withdraw from the contract
in the case of:
- intentional or negligent conduct on the part of Jens-Peter
Kappert Instrumentenservice resulting in non-dispatch
of ordered goods. The legal rights of withdrawal from
the contract remain hereby unaffected.
c) In case of withdrawal from the contract, Jens-Peter
Kappert Instrumentenservice and the customer are obliged
to return or compensate for any goods, payments or services
already provided in connection with that contract. Depreciation
of the value of the goods concerned is to be taken into
consideration.
|
| 10. |
Unless otherwise stated in the order confirmation, dispatch
shall be made from Jens-Peter Kappert Instrumentenservice,
Rathenower Strasse 53, 10559 Berlin, Germany. |
| 11. |
All claims arising from the contract shall be deemed
to have arisen in Berlin, Federal Republic of Germany
and shall be determined according to federal German law. |
| 12. |
In the event of any of the above clauses being determined
to be unenforceable, such determination shall not adversely
affect the remaining terms. |
