General Terms and Conditions of Business, Delivery and Payment
Status January 2014
1. General conditions
All our business activities are subject to our general terms and conditions of business, delivery and payment, which become an integral part of the contract without restriction, once the order has been placed, unless otherwise agreed in writing.
In addition, the latest edition of the VOB (German Construction Contract Procedures) shall apply.
Quotations issued by us are subject to change and non-binding. The offer documents are the property and copyright of AGROTEL, must be made inaccessible to third parties and must be returned upon request.
3. Acceptance of order, conclusion of contract
The binding nature of the order and the ancillary agreements shall come into force exclusively with a written order confirmation.
In the event of a change to the contract or revocation, the costs incurred shall be charged to the client according to expenditure.
The period for objection is 1 week from the date of the postmark.
The company reserves the right to withdraw from the contract in case of breach of the contract conditions by the client.
The prices are non-binding net prices ex works Neuhaus and Enzenkirchen, plus the customary rate of value added tax.
If, between the conclusion of the contract and the execution of our delivery and services, changes occur in the price bases, e.g. wage and material price increases, we reserve the right to increase our prices appropriately.
This also applies in the event of a breach of contract by the client.
5. Terms of payment
All payments are to be settled by the client within 10 days of the invoice date without deduction. Unless otherwise agreed in the contract. Payments made shall only be deemed to have been made on the date on which we are able to dispose of the full amount without loss. Payments by cheque and bill of exchange are not accepted.
Withholding of payments due on account of any counterclaims or offsetting against counterclaims shall be excluded unless they are justified in accordance with VOB. In the event of default in payment, interest shall be charged at a rate of 8 % above the general discount rate. The contractor reserves the right to demand payment in advance for the outstanding deliveries and services in the event of non-fulfilment of the terms of payment or if he receives information about a lack of payment guarantee from the client.
6. Terms of delivery
The delivery and performance dates stated by us are approximate values which have been established with the greatest care. They require written confirmation in the order confirmation and presuppose that all preliminary work on the part of the customer has been properly and legally completed.
Obstacles resulting from unfinished on-site services shall be borne by the client. Reasons such as force majeure or similar shall have a suspensive effect.
The contractor reserves the right to withdraw from the order in whole or in part in the event of compelling reasons and to demand compensation for expenses.
7. Warranty and Acceptance
The warranty of the goods delivered by us and the services rendered is regulated by the VOB and VOL. A prerequisite is that the client has fulfilled his payment conditions in full. Damage of any kind must be reported immediately in writing.
The scope of warranty and the warranty conditions of subcontracted products shall be passed on to the client accordingly. Damage caused by third parties and force majeure shall not be covered by our warranty. All other claims such as damages, financial losses and the like are expressly excluded. After completion of all deliveries and services, these shall be deemed to have been accepted after 10 days, unless an acceptance protocol has been requested in writing by one of the contractual partners as an alternative.
8. Exclusion of liability in the case of construction or assembly by the customer
In cases where AGROTEL merely supplies products and the Customer undertakes the assembly and/or installation himself or has it undertaken by third parties, AGROTEL shall not be liable for the assembly and/or installation errors. This also applies to products with automatic control.
9. Retention of title and place of jurisdiction
We reserve title to the goods delivered by us and the services rendered by us until all claims have been paid in full. Any costs incurred in the event of a breach of this reservation of title shall be borne by the customer without restriction. The place of performance and jurisdiction for any legal disputes shall be the contractor’s place of jurisdiction.
10. Duty to provide information pursuant to the Consumer Dispute Settlement Act (§ 36 VSBG)
The consumer arbitration board responsible for Agrotel GmbH is the General Consumer Arbitration Board of the Zentrum für Schlichtung e.V.:
Strassburger Street 8
77694 Kehl on the Rhine
Phone +49 (0)7851 79579-40
Fax +49 (0)7851 79579-41
Agrotel GmbH does not participate in consumer arbitration proceedings before the aforementioned consumer arbitration board in accordance with the Consumer Dispute Settlement Act.
If parts of these conditions become ineffective, the validity of the contract in its remaining parts will not be affected.
Conditions of participation in the competition:
CONDITIONS OF PARTICIPATION FOR THE COMPETITION OF THE COMPANY AGROTEL GMBH
These terms and conditions apply to the competition organised by AGROTEL GmbH (hereinafter referred to as the “Promoter”). Participation in the competition is governed solely by these terms and conditions. The competition is in no way connected to Instagram and is in no way organised or supported by Instagram.
Duration of the competition
The duration of the competition is from 08.08.2022 at 9pm until 14.08.2022 at midnight. During this period, users will be given the opportunity to enter the competition online.
Procedure of the competition
Participation takes place by liking the post on the Instagram or Facebook channel of AGROTEL GmbH, subscribing to the Instagram or Facebook page, linking another person and commenting on the post or the story (8.8.22). Participation is only possible within the participation period. Entries received after the closing date will not be considered in the draw.
Only one submitted entry per participant will be entered into the competition. It is strictly prohibited to use multiple accounts to increase your chances of winning.
Participation in the competition is free of charge.
Natural persons who are resident in Germany or Austria and have reached the age of 18 are eligible to participate. Participation is not restricted to customers of the organiser and is not dependent on the purchase of goods or services.
Should a participant be restricted in his/her legal capacity, the consent of his/her legal representative is required.
All persons and employees of the Organiser involved in the conception and implementation of the competition as well as their family members are not eligible to participate in the competition. In addition, the Promoter reserves the right, at its sole discretion, to exclude persons from participation if there are justified reasons, for example:
(a) tampering in connection with access to or conduct of the Prize Draw; (b) breach of these Terms and Conditions; (c) acting unfairly; or (d) providing false or misleading information in connection with participation in the Prize Draw.
Winning, notification and transmission of the prize
The prize draw includes three Pramoleum gift basket worth approx. 40 euros.
The winners will be determined after the closing date by means of a random draw among all participants who were able to correctly guess at least 3 out of 4 pictures.
The winners will be informed promptly via private message and/or e-mail. Each winner must contact email@example.com within 1 week by message on Instagram or Facebook or by email. If a winner does not respond within this period, the prize may be transferred to another entrant by the Promoter.
The prize will be delivered by parcel post at the Promoter’s expense exclusively to the winner or the winner’s legal representative. An exchange or cash payment of the prize is not possible.
Any costs associated with claiming the prize (travel, etc.) shall be borne by the winner.
Premature termination of the competition
The organiser reserves the right to cancel or terminate the competition at any time without prior notice and without giving reasons. The organiser will make use of this option in particular if, for technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or for legal reasons, the proper execution of the competition cannot be guaranteed. If such a termination is caused by the behaviour of a participant, the organiser may demand reimbursement of the loss incurred from this person.
Participation in the competition requires the provision of personal data. The participant assures that the personal data provided by him/her, in particular first name, surname, address and e-mail address, are true and correct.
The organiser points out that all personal data of the participant will neither be passed on to third parties nor made available to them for use.
All e-mail addresses and the voluntarily provided data of the participants will be recorded and stored exclusively for the purpose of determining the prize. All data will be deleted no later than 30 days after the end of the competition. Participants are entitled to the statutory rights of information, amendment and revocation. Further information on our data protection regulations can be found here: https://www.agrotel.eu/datenschutz.
Participants are free to cancel their registration data at any time by sending a revocation to firstname.lastname@example.org and thus withdraw from participation.
Claims for possible material defects and/or defects of title in the prizes donated by the prize sponsors are to be asserted exclusively against the prize sponsors.
The organiser is not liable for the insolvency of a prize sponsor or for the consequences resulting from this for the implementation of the competition.
Contact, applicable law
The competition is organised by AGROTEL GmbH. If you have any queries or complaints, please contact email@example.com or +49 (0) 8503 914 99 0.
The competition of the organiser is exclusively subject to the law of the Federal Republic of Germany. Legal recourse is excluded.
Should any provision of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
Team AGROTEL wishes you good luck and success!