Terms and Conditions (GTC
General terms and conditions for the provision of services by Wind-Check Poelmann, Am Herdicksbach 2 / Hall 3, 45731 Waltrop 1. General. Scope The terms and conditions apply to all current and future business relationships with companies within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Deviating or supplementary general terms and conditions, even if known, only become a part if their validity has been expressly approved. 2. Type and scope of the service Agreements between the client and the contractor (Wind-Check Poelmann) are binding if the client signs an offer / order that contains these conditions. The same applies if the client has received the written order confirmation before the start of the work or a contract is concluded via the Internet. The services are carried out as agreed in the offer / order. Order changes or extensions are only valid if they have been determined in writing, orally in exceptional cases, by the authorized persons. In the case of small activities in relation to the scope of work, at least 1 working hour will be invoiced per employee present. The working hour is calculated at 65 €. 3. Acceptance and warranty The work performed by the contractor is deemed to have been fulfilled and accepted for recurring services if the customer does not immediately raise written objections - at the latest when they are put into use. The time, place, type and scope of the defect must be described precisely. In the case of one-off work, acceptance - if necessary also in sections - takes place no later than three days after the contractor has given written notice of completion. If the client does not comply with the request for acceptance, the work is deemed to have been accepted. If the contractor fails to meet an acceptance date, the work is deemed not to have been accepted. If the client justifiably objects to defects in the contractually agreed service, the contractor is obliged to remedy the defect. No warranty is assumed for defects and damage that can be attributed to the fact that the client did not pass on important information about the nature and nature of the materials and objects to the contractor. The same applies if the client does not take sufficient precautions for the accessibility or accessibility of the areas or test objects to be processed. If the defect cannot be remedied or if a further attempt at supplementary performance is not reasonable for the customer, the customer can demand a reduction in the remuneration (reduction) instead of the supplementary performance or terminate the contract. In the event of a minor breach of contract, especially in the case of only minor defects, the client is not entitled to the right of termination. 3.1 When testing articles that are related to a PPE (Personal Protective Equipment), if the test is positive, the note "OK" (OK) is present, the article is in such a condition at the time of the test found. If the customer or his user immediately uses the product improperly or if the article is damaged, Wind-Check Poelmann assumes no liability for the article and the consequences thereof. Compensation can only be claimed in the event of intent and gross negligence. The obligation to pay compensation is limited to the contractually foreseeable damage. In the case of one-off services, compensation is limited to the amount of the agreed wages. The warranty period is 12 months. 4. Binding periods The prices specified in the offers have a binding period of 4 weeks. All prices stated are net prices and do not include the applicable statutory value added tax. 5. Retention of security The right of the client to withhold security amounts for the completion of the contractual services or possible warranty claims is excluded. 6. Liability The contractor is liable for damages that can be proven to be caused by the contractor within the scope of the business liability insurance he has taken out. At the request of the client, a concrete insurance certificate is to be given to him. Liability does not apply to damage that is not immediately reported to the contractor. In the event of injury to life, limb or health, the statutory provisions apply. 7. Delivery upon sale We accept no liability for deliveries on a specific date. All shipments including any return shipments are at the risk of the buyer from the time the goods are handed over to the carrier by the seller. The dispatch takes place ex warehouse Wind-Check Poelmann in 45731 Waltrop. Unless otherwise agreed in writing, the transport costs are borne by the buyer. The seller insures the shipments against damage and loss as part of the carrier's terms and conditions. If the buyer refuses to accept, the seller is entitled to reimbursement of the costs incurred. The seller's right to fulfill the purchase contract remains unaffected. The seller reserves the right to fulfill the orders in several partial deliveries and does not guarantee the complete delivery of the ordered items. 8. Damage and guarantee in the event of transport damage must be reported by the buyer to the carrier immediately. If we receive a justified complaint in writing about the obviously defective goods together with the product in question within 7 calendar days of delivery, the goods will be exchanged promptly and free of charge. In the event of a warranty claim, the seller has the right to rectification. A warranty case arises if the rejected product actually has a production defect and the warranty card and proof of purchase with the rejected product are submitted to the seller. 9. Withdrawal and return in the event of a withdrawal from an order for which the seller is not responsible, or if an order is deleted due to late payment by the buyer, 20% of the original net order value will be charged. In addition, costs incurred (eg postage or shipping costs) will be charged. Shipments that are not accepted or undeliverable will be treated as withdrawal. In principle, prepaid shipments will not be accepted unless there is a written agreement on the process. The seller is not liable for errors that occur when taking orders by telephone or for errors that arise from illegible orders. 10. Retention of title By placing the order, the buyer assures that he has not made an oath of disclosure and that no bankruptcy or total enforcement proceedings have been opened for his assets or that he has been rejected due to lack of assets. Insurance is provided by placing the order. If we suffer damage from incorrect insurance in this regard, this will result in criminal consequences (criminal charges due to incoming fraud). If the seller incurs an expense from incorrect insurance in this regard, the buyer undertakes, when placing the order, to fully compensate the seller for this damage. When placing the order, the buyer undertakes to notify the seller in writing of a change in his financial situation which may result in the buyer no longer being able to meet his obligations to the seller. All goods are sold by us subject to retention of title in accordance with § 455 BGB and remain our property until all, including future, claims against the buyer have been fulfilled. 11. Terms of payment Invoices are payable net without deduction within 14 days of receipt, unless otherwise agreed. Unless otherwise agreed, cash discount deductions are not recognized. Subsequent changes requested by the recipient on an invoice will be invoiced - unless the reason for the change is due to an error on the part of Wind-Check Poelmann - at € 25.00. If the payment term is exceeded, default interest of 10% above the applicable base rate in accordance with § 247 BGB will be charged. The assertion of further default interest remains reserved. 12. Place of jurisdiction The place of jurisdiction is exclusively the seat of the contractor (Waltrop / Recklinghausen). 13. Data storage Please note that business-related data, insofar as permitted by the Federal Data Protection Act (Section 26 BDSG), is stored and managed in the IT system. 14. Partial invalidity If individual parts are ineffective, the remaining provisions remain valid. The ineffective clause should be replaced by a regulation that comes legally and economically as close as possible to the intended purpose of the original provision. Status of these terms and conditions: April 2020
