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also does not apply the case loss life, injury harm
to health intentional grossly negligent breach duty the part
of Gira malicious silence with regard defect. The place fulfilment for all obligations arising from this contract –
including any claim resulting from withdrawal Radevormwald. Customer must inform
Gira defects writing, email fax within period two weeks. Customer bears the full
burden proof respect all claims, particular with regard the defect
itself, the date which was identified, and the timeliness the complaint. However, Customer’s claim for damages restricted to
10 the value that part the delivery that cannot put into operation
because the impossibility delivery. Any parts that have been replaced must
be sent back Gira request free charge. This restriction does not apply if
mandatory liability applicable cases intent, gross negligence due
to loss life, injury harm health. Customer cannot make any claims for the necessary expenses incurred for
the purpose rectifying the problem and particular the cost transport,
travel, labour and material, the expenses have increased because the
product was subsequently taken location other than Customer’s site,
unless taking the other location corresponds with its intended use. Retention ownership
1. Gira takes back or
pledges the goods, this does not constitute withdrawal from the contract
on Gira’s part.
In particular, Gira can require Customer inform Gira about the assigned
claim, its level and its debtors, provide all the information needed for the
purposes collection, submit the accompanying documents Gira
immediately and inform the debtor the assignment the claim writing.
11.
4.
9.
10.
3. Gira not notified the defect good time,
Customer may not make any claims under warranty. Gira will release Customer’s security request Gira’s discretion and to
the extent that the value the security exceeds the value the claims being
secured more than %. Section para and Section para apply mutatis
mutandis respect the scope Customer’s recourse claim against Gira
under the terms Section 478 para BGB. Customer breaches the terms the contract and, particular, in
payment arrears, Gira entitled take back the goods.
3. Gira wishes withdraw from the contract, will inform
Customer this expressly writing.
8.
9.
4. This also applies legal
proceedings concerning bills exchange and cheques and, particular to
claims relating the debt collection procedure. the complaint was made wrongly, Gira entitled require
that Customer reimburse for any expenses incurred. html. this case Customer retains its expectant
right the purchased item relation the unmodified item. point (construction
defects) BGB. However, legal proceedings
against Gira are not pending, Gira entitled take proceedings against
Customer the court with jurisdiction over the town where Customer is
based. gilt 377 HGB. point (buildings and items for buildings), Section 479
para.
12. Gira’s warranty terms require the product be
fitted correctly and started and used precisely accordance with
the operating instructions. The current amount the fee can found Gira’s website at
http://www. However, Customer will assign Gira all claims
for the amount the relevant invoice value that Customer has incurred
as result the resale the goods its own customer third parties.
2.
Customer cannot make further claims claims other than those described
in this Section against Gira and its agents because defect. Customer can
withhold payments only complaint has been made, whose justification is
beyond doubt. Gira hereby agrees accept this
assignment. Customer entitled make claims for damages under the terms this
Section 12, the statutory regulations concerning the period limitations
apply.
5.
5. Place fulfilment, place jurisdiction, scope
1.
10. Customer
or third party makes improper changes carries out improper repairs,
Customer not entitled make claim for defects for these problems the
resulting consequences.
The decisive factor the date which Gira receives the complaint. the case hidden defects, begins when the defects are
identified Customer.
2. the purchased
item processed with other items not belonging Gira, Gira will acquire
co-ownership the new item the proportion the objective value the
purchased item the value the other items the time when they are
processed. This does not affect Gira’s authorisation collect the claims itself.de/service and http://www.gira. the
case obvious defects, this period begins when the goods are delivered
to Customer. This also applies the mixing items. order to
provide security for Gira’s claim against Customer, Customer will also assign
to Gira claims against third party that result from combining the goods
under retention title with piece land. The law the Federal Republic Germany applies all legal relationships
relating this contract. Customer may make recourse claims against Gira under the terms of
Section 478 BGB (recourse the entrepreneur) only Customer has not
reached any agreements with its own customer that beyond the statutory
claims for defects.
13. Returns processing (Return goods)
1. above, Customer shall charged flat-rate processing
fee. Schadens- und Aufwendungsersatzansprüche des Kunden (im Folgenden:
Customer cannot make claims for damages and expenses (referred the
following claims for damages) for whatever legal reason and, particular,
because the breach contractual obligations because unlawful acts. Other claims for damages
1.
6.de/service/fgh/retouren.
7. Impossibility delivery
If impossible deliver the goods services, Customer entitled to
claim damages, unless Gira not responsible for the impossibility of
delivering the goods. the case complaints that are submitted within the specified period
and which are the correct form, Customer entitled withhold payments
that are proportionate the defects that have been identified.gira. The foregoing shall
be without prejudice the legal regulations suspension the statute of
limitations, suspension and recommencement the time periods.
3.
2.
Last updated: 10/2017
Terms and conditions sale, delivery and payment
for the Building Technology business division
.
Customer entitled collect these claims even after they have been
assigned.
This does not apply the law specifies longer periods under the terms of
Section 438 para. Customer must inspect goods and services immediately after receiving
them. The place jurisdiction agreed being those places where the courts
with jurisdiction for Radevormwald are located. Customer processes modifies the goods, this always done the
name and behalf Gira.
3.
2. the items are mixed in
such way that Customer’s product can regarded the main product, it
is agreed that Customer will transfer proportional co-ownership Gira and
will safeguard Gira’s resulting sole ownership co-ownership. Customer must inform Gira immediately
in writing any pledges other interventions third parties. (recourse claims) and Section 634a para.687
Gira electrical installation systems
8. The period limitations for claims for material defects months. the attempt rectify the problem fails (under the terms Section 440 BGB),
Customer can withdraw from the contract reduce the payment amount,
notwithstanding any claims for damages under the terms Section 12. addition, the basis and extent claims for damages restricted the
amount insurance available Gira the time the damage occurred. All the parts services that prove have defect within the period of
limitations regardless the operating period must Gira’s discretion
be rectified replaced with new parts services, provided that the cause
of the defect already existed the time when the risk was transferred. This does not involve change the
burden proof Customer’s disadvantage.
2. Claims for defects cannot made there only minor deviation from
the agreed quality, minor impairment usability, natural wear damages
that occurred following transfer risk due incorrect negligent handling,
excessive loading, unsuitable operating resources, defective construction
work, unsuitable building site particular external influences that are not
provided for the contract, non-reproducible software errors.
This does not apply mandatory liability applicable under the terms
of the German Product Liability Act, for example, cases intent gross
negligence, due death, physical injury damage health, due the
breach essential contractual obligations. Customer’s warranty claim not valid, Gira not obliged take the
goods back. Gira retains ownership the goods until all the payments have been
received from all the contracts which have been entered into the time
of the signing the final contract between Customer and Gira. Section 377 HGB applies. First all, Gira must given reasonable opportunity rectify the
problem within reasonable period. Customer not entitled pledge the goods that are subject reservation
of ownership transfer ownership the same third parties way of
security.
3. Defects
Gira’s liability for defects follows:
1. Gira processes return without any warranty claims being made as
described No. However, claim for damages
for the breach material contractual obligations restricted foreseeable
damages that are typical for this type contract, provided that there no
intent gross negligence involved and that there liability for loss life,
injury harm health. This does not
justify Customer making claim for the refund the purchase price. Gira makes exception and agrees take back customer’s goods
without warranty claim being made, this constitutes voluntary measure
and does not involve the recognition legal obligations. the event claims for damages, Section (Other claims for damages)
of these Terms and Conditions Sale, Delivery and Payment also apply. The United Nations Convention Contracts for the
International Sale Goods (CISG) explicitly excluded. Customer
may resell the goods that are subject reservation ownership the
ordinary course business. Customer’s right withdraw
from the contract remains unaffected
