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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.

2. Offers

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.

4. Prices

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 am Rhein
Phone +49 (0)7851 79579-40
Fax +49 (0)7851 79579-41
E-mail: znvy@ireoenhpure-fpuyvpugre.qr
Website: www.verbraucher-schlichter.de

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.