Terms of Use

from Pronet GmbH

 

I. General

  1. Only the following conditions apply to all of our deliveries and services, unless we expressly agree otherwise in writing.
  2. Our customers purchasing conditions are only valid for the contracts concluded with us if we have expressly accepted them in writing.
  3. All orders, even if our representatives or travelers bind them, only to us after we have confirmed them in writing.
  4. Estimates, drawings, plans and other documents that we leave to our customers remain our property and must be returned to us at our request.

II. Prices, packaging

  1. The prices stated in our publicatoins and offers are subject to change. We always calculate the prices ex works plus packaging applicable on the day of dispatch. VAT will be invoiced separately. It is not included in the prices.

III. Delivery time

  1. Delivery times are only given with our obligation. Delays in delivery only entitle to withdraw from the contract or to compensation if we have previously committed to this in writing. In these cases, too, the delivery time is extended in the event of force majeure, such as war, strike, or accidents. Epidemics, etc. or when the supply of raw materials is interrupted, regardless of whether such an event occurs at us or at one of our suppliers. In these cases, withdrawal from the contract or claims for damages are also excluded if we have agreed the delivery date in writing.

IV. Terms of payment

  1. In principle, our invoices are payable without deduction within 30 days of the invoice date.
  2. In case of late payment, we are entitled to 2% above the respective discount rate of the "Deutsche Bundesbank", but at least 5% interest on arrears p.a. to calculate.
  3. Checks and bills of exchange are not considered cash payments. If we accept it, it will only happen for the sake of fulfillment. All costs and interest are borne by the customer when accepting bills of exchange.
  4. Offsetting against counterclaims and exercising a right of retention due to counterclaims are only permitted if they have been legally established.

V. Transfer of risk

  1. The risk is transferred to the customer when the delivery is dispatched from our warehouse. This also applies if  our delivery takes place.
  2. In case of delay due to circumstances for which we are not responsible, the risk passes to the customer on the day of readiness for shipping.
  3. Insurance against transport or other damage is only at the express written or telegraphic request of the customer and at his expense.

VI. Guarantee

  1. We provide our guarantee according to the following provisions.
  2. We guarantee for all manufacturing and / or material defects for a period of 6 months from delivery.
  3. Our guarantee is limited to the use or repair of the part whose defect we recognize. Repairs are only carried out in our workshops. For parts or accessories that we have not manufactured ourselves, we only provide a guarantee if our suppliers give us a guarantee.
  4. Further guarantee or damage claims are excluded.
  5. When parts are returned for exchange or repair, freight and packaging are at the expense of the customer.
  6. We accept no liability for damage caused by unusual use, third party access or negligence in the assembly or maintenance of our material.
  7. If we replace or repair a defective part, this does not extend the guarantee period.

VII. Resignation

  1. If the customer wishes to withdraw from the contract before the delivery, and we agree to this or we declare our withdrawal with regard to the entire contract or outstanding partial deliveries because the customer does not fulfill his contracual obligations, the customer is obliged to 20% of the withdrawal to pay the order amount as compensation. We reserve the right to claim higher damages.
  2. We are entitled to withdraw from the contract before delivery if we become aware of circumstances after the conclusion of the contract that justify concerns about the solvency of the customer and the customer does not provide any advance payment or security for payment of the purchase price despite our request.

VIII. Rentention of title

  1. We reserve ownership of all material sold by us until all of our claims from the business relationship with our customer have been paid in full. In the case of a current invoice, the reserved property is considered security for the balance claim.
  2. If our goods subject to retention of title are combined with other objects, our customer already transfers his ownership or co-ownership rights to these objects an takes them into custody for us.
  3. The resale of our goods subject to retention of title is only permitted to him in the ordinary course of business before all of our claims against him have been paid in full and only with the proviso that he also agrees a retention of title with his customer that corresponds to that agreed between us and him.
  4. Our customer hereby assigns to us all of his rights which he is entitled to from the resale of our reserved goods against his customer.
  5. In case of the destruction, loss or damage of our goods subject to retention of title, the claims for damages or other claims due to the customer against third parties - including against the insurer - are hereby assigned to us.
  6. If the value of the part of the security to which we are entitled according to the above exceeds our claims against our dustomer by more than 20%, we untertake to return the excess part of the security to him.
  7. The assertion of the retention of title by us does not constitute a withdrawal from the contract, unless the law on payment transactions of May 16, 1894 applies.

IV. Place of performance and jurisdiction and final provisions

  1. Rodgau is the place of performance for all payments. The place of jurisdiciton for all differences arising from the contractual relationship - also insofar as they relate to the conclusion of a contract - is Offenbach. This also applies to lawsuits for checks and bills of exchange regardless of the place of payment.
  2. The ineffectiveness of individual provisions does not affect the validity of the rest of the contract.

Contact

Main office

Telefon:    +49 6106 26849 - 0
info@pronet-gmbh.de

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Bedingungen