Catalogue 2019 Intelligent building technology by Gira

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The period limitations for claims for material defects months. This restriction does not apply if mandatory liability applicable cases intent, gross negligence due to loss life, injury harm health. First all, Gira must given reasonable opportunity rectify the problem within reasonable period. Any parts that have been replaced must be sent back Gira request free charge. Retention ownership 1. 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. 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. Customer or third party makes improper changes carries out improper repairs, Customer not entitled make claim for defects for these problems the resulting consequences. 13.gira. The place jurisdiction agreed being those places where the courts with jurisdiction for Radevormwald are located. 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. 2. 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. Section para and Section para apply mutatis mutandis respect the scope Customer’s recourse claim against Gira under the terms Section 478 para BGB. (recourse claims) and Section 634a para.de/service and http://www. the event claims for damages, Section (Other claims for damages) of these Terms and Conditions Sale, Delivery and Payment also apply. 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. 2. 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.de/service/fgh/retouren. The decisive factor the date which Gira receives the complaint. 5. 10. 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. Place fulfilment, place jurisdiction, scope 1. 3. the case obvious defects, this period begins when the goods are delivered to Customer. 11. 3. Other claims for damages 1. This also applies the mixing items. 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. 3. 2. However, Customer’s claim for damages restricted to 10 the value that part the delivery that cannot put into operation because the impossibility delivery. 3. This does not affect Gira’s authorisation collect the claims itself. 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. 7. The United Nations Convention Contracts for the International Sale Goods (CISG) explicitly excluded. Customer processes modifies the goods, this always done the name and behalf Gira. point (construction defects) BGB. this case Customer retains its expectant right the purchased item relation the unmodified item. The law the Federal Republic Germany applies all legal relationships relating this contract. Customer cannot make further claims claims other than those described in this Section against Gira and its agents because defect. 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. This does not apply the law specifies longer periods under the terms of Section 438 para. 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. Customer can withhold payments only complaint has been made, whose justification is beyond doubt. addition, the basis and extent claims for damages restricted the amount insurance available Gira the time the damage occurred. Defects Gira’s liability for defects follows: 1. point (buildings and items for buildings), Section 479 para. 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. Customer must inform Gira immediately in writing any pledges other interventions third parties. Section 377 HGB applies. This does not involve change the burden proof Customer’s disadvantage. 5.gira. Customer’s right withdraw from the contract remains unaffected. Customer not entitled pledge the goods that are subject reservation of ownership transfer ownership the same third parties way of security. 6. Customer entitled make claims for damages under the terms this Section 12, the statutory regulations concerning the period limitations apply. The current amount the fee can found Gira’s website at http://www. 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 %. 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. Customer must inform Gira defects writing, email fax within period two weeks. 12. Gira hereby agrees accept this assignment. Last updated: 10/2017 Terms and conditions sale, delivery and payment for the Building Technology business division . the complaint was made wrongly, Gira entitled require that Customer reimburse for any expenses incurred. Gira processes return without any warranty claims being made as described No. Returns processing (Return goods) 1. Gira takes back or pledges the goods, this does not constitute withdrawal from the contract on Gira’s part. Gira’s warranty terms require the product be fitted correctly and started and used precisely accordance with the operating instructions. 4. Customer breaches the terms the contract and, particular, in payment arrears, Gira entitled take back the goods. This also applies legal proceedings concerning bills exchange and cheques and, particular to claims relating the debt collection procedure. Customer’s warranty claim not valid, Gira not obliged take the goods back. gilt 377 HGB. 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. 9. This does not justify Customer making claim for the refund the purchase price. 4. html. 2.687 Gira electrical installation systems 8. Customer must inspect goods and services immediately after receiving them. 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. 9. Customer entitled collect these claims even after they have been assigned. 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. The foregoing shall be without prejudice the legal regulations suspension the statute of limitations, suspension and recommencement the time periods. 3. Gira wishes withdraw from the contract, will inform Customer this expressly writing. 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. 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. Customer may resell the goods that are subject reservation ownership the ordinary course business. 8. 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. The place fulfilment for all obligations arising from this contract – including any claim resulting from withdrawal Radevormwald. Gira not notified the defect good time, Customer may not make any claims under warranty. above, Customer shall charged flat-rate processing fee. the case hidden defects, begins when the defects are identified Customer. 10