terms and conditions
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.