General Terms and Conditions
§ 1 Scope
1.1 These general terms and conditions apply exclusively to the business relationships between graviCAL GmbH (hereinafter referred to as "graviCAL") and customers and suppliers in current and future business relationships. graviCAL does not recognize any conditions that conflict with or deviate from these general terms and conditions and hereby expressly objects to them. Conflicting terms and conditions of the customer are only valid if graviCAL expressly agrees to them in writing.
1.2 These general terms and conditions and all changes are permanently available online on the graviCAL website at http://www.gravical.de. The changes at this point are agreed as sufficient notice.
§ 2 Offers and orders
2.1 Our offers are always subject to change, cost estimates are non-binding. The presentation of the products on the Internet does not constitute a legally binding offer, but merely an invitation to the customer to place a corresponding order. Illustrations, records, dimensions, weights and performance information (e.g. utility values, tolerances, load capacity or technical data) are to be understood as approximate. They are non-binding unless they are expressly designated as binding. graviCAL reserves the ownership and copyright of cost estimates, drawings and other documents. These items may not be made accessible to third parties. They are non-binding. The same applies to information and advice from graviCAL to the customer, in particular about the use or suitability of the product for the intended use, which is given to the customer by graviCAL without the express conclusion of a consulting contract.
2.2 An order is only considered accepted when it has been confirmed by us in writing. By accepting our order confirmation without objection, the buyer accepts these conditions. The content of our order confirmation alone is decisive for the type and scope of the delivery. Subsequent changes, side agreements and verbal statements by employees or representatives are only valid with our written confirmation. Furthermore, orders are deemed to be accepted when we have executed the order. Acceptance of the purchase contract assumes the creditworthiness of our customers. If the customer's financial situation subsequently deteriorates significantly or if we subsequently learn of a significant deterioration in his financial situation that occurred before acceptance of the purchase contract, we are entitled to withdraw from the purchase contract or demand payment in advance.
§ 3 Prices
3.1 Our prices are in euros and apply ex works Damme, excluding packaging, transport, insurance, assembly, stamp duty, customs, calibration costs and the like plus the applicable statutory VAT. Packaging costs and VAT will be invoiced separately unless the delivery is not subject to VAT under German tax law. For deliveries abroad, the customer is also responsible for the additional customs duties and taxes themselves. Unless there are special shipping instructions, we choose the type and method of shipping ourselves.
3.2 Insurance will only be taken out at the express request of the buyer. Transport packaging in accordance with Section 3 Paragraph 1 No. 1 of the Packaging Ordinance will be properly disposed of by the buyer at their own expense and will not be returned to graviCAL.
3.3 We reserve the right to make price changes, in particular if the cost price changes up to the day of delivery, especially for wage and cost reasons or due to changes in public fees, duties and taxes.
Section 4 Delivery
4.1 Delivery is ex works Damme. The delivery period begins on the day of our order confirmation, but not before all details of the order execution have been clarified. Unless otherwise stated in the offer, we will ship the goods within 2 working days of receiving the order confirmation. For delivery with advance payment, we will dispatch the goods within 2 working days after receipt of payment, unless otherwise stated in the offer.
4.2 Claims for delayed delivery are excluded unless we are guilty of intent or gross negligence, which the buyer must prove. Operational disruptions of all kinds at our company and our suppliers and events of force majeure entitle us to extend the delivery time appropriately and, if the specific circumstances require it, to cancel the delivery obligation in whole or in part. Circumstances that make delivery unreasonably difficult or impossible for us through no fault of our own are equivalent to force majeure. The customer is not entitled to claims for damages due to non-fulfillment or breach of secondary obligations, nor to assert other rights in connection with delivery delays.
§ 5 Payment
5.1 Payment is made in accordance with the payment terms agreed in the order confirmation.
5.2 If invoices are outstanding for both delivery and assembly or customer services at the same time, incoming payments will always be used first to settle the assembly and customer service. Any contrary instructions from the buyer when paying are ineffective.
5.3 Only counterclaims recognized by graviCAL or already legally established can be offset against invoices issued by graviCAL.
5.4 If bills of exchange are accepted by prior agreement, they will only be accepted for the purpose of performance. Discount and bill of exchange fees plus sales tax in accordance with private bank rates are borne by the customer.
5.5 The buyer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
5.6 The services, quantities and numbers determined by us are decisive for the price calculation, unless the customer objects immediately.
§ 6 Default
6.1 The customer is in default at the latest upon expiry of the above payment period. If default occurs, graviCAL is entitled to charge default interest at the applicable statutory default interest rate (§ 288 II BGB). The right to claim higher damages for default remains reserved.
6.2 If the buyer is more than 8 days behind on an agreed installment, the total amount due, including additional claims, becomes due immediately.
6.3 Furthermore, graviCAL is entitled to charge a processing fee of €10 (including VAT) for each justified reminder, unless less damage is proven.
§ 7 Application-technical advice
7.1 A written consulting contract is required for binding application-technical advice. All information provided by graviCAL outside of a consulting contract, such as the use or suitability of a product, is non-binding.
7.2 Application-related advice is provided by graviCAL to the best of its knowledge based on the information provided by the user.
The customer undertakes to inform graviCAL immediately about any special features of the intended place of use, insofar as they may affect the proper functioning of the delivery item. Furthermore, the customer undertakes to inform graviCAL of the legal, official and operational safety and other regulations applicable at the intended location of the delivery item that are relevant for the assembly, operation and, if applicable, calibration of the product.
All details and information about the suitability and application of our goods do not release the customer from checking whether the products are suitable for the intended purposes.
7.3 If the customer violates these cooperation obligations according to 7.2 by not providing information, providing incomplete information or providing incorrect information despite being asked to do so within a reasonable period of time, he loses all claims against graviCAL.
§ 8 Assembly
8.1 Assembly and ready-to-use installation outside the factory will only be carried out by graviCAL or one of its agents if this has been agreed in writing and at a separate cost.
8.2 Assembly does not include the creation of foundations, support beams and the like. The foundations must be properly constructed, dry and connected. The customer is responsible for ensuring that electrical connections are available directly to the installation site. The fitter must have unhindered access to the installation site. Delays are at the customer's expense. They will be charged separately even if a flat rate has been agreed for the installation. The customer must provide assistants free of charge if required.
§ 9 Right of withdrawal
9.1 The buyer can revoke his contractual declaration within two weeks without giving reasons in text form (e.g. letter, fax, e-mail to info@graviCAL.eu) or by returning the goods, unless he has acted in the exercise of his commercial or independent professional activity (orders by entrepreneurs). The period begins at the earliest with receipt of the goods and these instructions. In addition, the cancellation period does not begin before we have fulfilled our information obligations under § 312d Paragraph 2 BGB in conjunction with Art. 246 §§ 2,1 Paragraph 1 and Paragraph 2 EGBGB. To meet the deadline, it is sufficient to send the cancellation or the goods in good time. The cancellation must be sent to: graviCAL GmbH | Reselager Rieden 3a | D-49401 Damme
You can also send us your cancellation using this cancellation form.
9.2 In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If the buyer is unable to return the service received in whole or in part or only in a deteriorated condition, he must pay us compensation for the loss in value. This does not apply if the deterioration of the goods is solely due to their inspection, as would have been possible in a store, for example. In addition, the buyer can avoid the obligation to pay compensation by not using the item as if it were his own property and refraining from doing anything that could impair its value. Items that can be sent by parcel must be returned at our risk in the original packaging if possible. Items that cannot be sent by parcel will be collected from the buyer. The buyer must bear the costs of return shipments; freight collect shipments will not be accepted.
9.3 The right of withdrawal does not apply to:
Goods that are made to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date has passed.
Please note that testing services that were provided or ordered additionally or as a requirement,
such as calibrations, calibrations, etc., cannot be refunded.
Audio or video recordings or software, provided that the data carriers supplied have been unsealed by you.
Information on the Battery Ordinance:
In connection with the sale of batteries or rechargeable batteries or with the delivery of devices that contain batteries or rechargeable batteries, we are obliged to inform you of the following in accordance with the Battery Ordinance: Batteries must not be disposed of in household waste. As an end user, you are legally obliged to return used batteries. You can return batteries after use free of charge at the point of sale or in the immediate vicinity (e.g. in municipal collection points or in stores). You can also send batteries back to us by post. Batteries or rechargeable batteries that contain harmful substances are marked with the symbol of a crossed-out garbage can, like the symbol shown opposite. The chemical name of the harmful substance is located near the garbage can symbol. "Cd" stands for cadmium, "Pb" for lead and "Hg" for mercury.
9.4 DAkkS calibrated weights cannot be exchanged or returned.
§ 10 Warranty and liability
10.1 We guarantee that the goods sold are free of material and manufacturing defects at the time of dispatch and have the contractually guaranteed properties.
10.2 If no specific quality of the delivery item has been agreed with the customer, the legal regulation will be used to assess whether a defect exists. We assume no liability for public statements made by the manufacturer or other third parties (e.g. advertising).
10.3 The warranty for new goods is 2 years for consumers, for used goods the warranty is limited to one year. An extension of the warranty period is generally possible for a fee. The warranty period begins with the collection of the item or notification that it is ready for collection. If the goods are shipped, the period begins with the handover to the carrier. For entrepreneurs, claims for defects expire 3 months after the goods delivered by us have been delivered to our customer. A warranty is excluded for used goods.
10.4 If material defects already exist at the time of transfer of risk, the customer is entitled to have the defect remedied (repair) or to have a defect-free item delivered (replacement delivery). We are free to either deliver a replacement at the prices valid at the time of the complaint or to carry out repairs. If the method we have chosen is unreasonable for the customer, he or she is immediately entitled to a reduction in price in accordance with Section 11.5.
We are free to refuse to repair or replace the goods if this would involve disproportionate effort. The customer can then only invoke his or her rights under paragraph 10.6.
Disproportionate effort for the selected method of subsequent performance is to be assumed if the costs of subsequent performance exceed the value of the item at the time of transfer of risk by at least 10%. graviCAL must be given sufficient time and opportunity to carry out repairs or replacement deliveries. A violation of this will release the customer from liability for any damage caused as a result. We may attempt to repair or replace the goods at least twice. Only then can the buyer rescind the contract in accordance with the statutory provisions. Replaced parts become the property of graviCAL.
10.5 We are free to use third parties to carry out the repair. No contractual relationship is created between the customer and the third party. There is also no warranty, as if graviCAL had carried out the repair itself.
10.6 If graviCAL does not succeed in remedying the defect within a reasonable period of time, the customer is entitled to a reduction, i.e. he can reduce the price in a reasonable proportion to the defect, withdraw from the contract or demand compensation in accordance with the liability. Withdrawal from the contract and compensation is excluded in the case of minor defects.
10.7 In the case of complaints, the date of purchase must be proven with an invoice. The warranty does not extend to normal wear and tear. The warranty expires if the customer modifies the delivered goods.
10.8 graviCAL is not liable for slightly negligent breaches of a non-essential contractual obligation. For slightly negligent breaches of essential contractual obligations, graviCAL's liability is limited to compensation for typical damages that graviCAL could foresee. graviCAL is not liable for consequential damages that are atypical for the contract or unforeseeable. Liability for personal injury is excluded from the limitation.
10.9 Complaints cannot be accepted in the following cases: unsuitable, improper storage or use, incorrect assembly or commissioning by the buyer or by third parties, natural wear and tear, changes or interventions, incorrect or negligent handling, in particular excessive stress, unsuitable operating materials, replacement materials, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences, provided that these are not due to a fault on the part of graviCAL.
10.10 graviCAL is not liable for damage or malfunctions that are based on the fact that the customer operates the delivered goods with a technical functional unit that was not supplied by graviCAL for the intended operation.
10.11 We are not liable for lack of economic success, lost profits, missed savings or indirect damage.
10.12 Wear parts such as accumulators, ink ribbons, Color cassettes, etc. are excluded from the warranty.
10.13 Disclaimer of liability for external links: We provide links to other websites on our pages. The following applies to all of these links:
graviCAL expressly declares that it has no influence on the design and content of the linked pages. We therefore expressly distance ourselves from all content of third-party linked pages on www.graviCAL.eu and do not adopt this content as our own. This declaration applies to all displayed links and content of the pages to which the links lead.
10.14 This law applies without restriction to claims under the Product Liability Act. Product risks must be reported to graviCAL.
§ 11 Exemption for international delivery or shipment abroad
If a delivery is made abroad, the customer releases us from any liability for any claims by third parties which may be justified under the legal regulations of the respective country of destination, but which go beyond our liability as set out in paragraph 10. The same applies if the customer, after delivery of the product domestically, takes the delivery item abroad.
§ 12 Retention of title
The delivered goods remain our property until all claims have been paid in full.
§ 13 Copyright
The client is solely liable if the execution of his order violates rights, in particular copyrights of third parties. The client must indemnify the contractor against all claims by third parties due to such violations of rights.
§ 14 Reimport
The reimport of goods that graviCAL has delivered abroad or the sale of goods that were intended for abroad to Germany is only permitted with the written permission of graviCAL. The buyer undertakes to compensate graviCAL for all damages incurred as a result of a breach of this provision by the customer or its customer.
§ 15 Place of performance and jurisdiction
15.1 The law of the Federal Republic of Germany applies, excluding the inconsistent UN Convention on Contracts for the International Sale of Goods.
15.2 Place of performance and jurisdiction:
The following applies to consumers: The statutory place of performance and jurisdiction applies.
The following applies to entrepreneurs: If the customer is an entrepreneur, a special fund under public law or a legal entity under public law, Vechta is agreed as the place of jurisdiction.
15.3 Should one of these provisions be or become invalid, or should the contract concluded on the basis of them contain a regulatory gap, the validity of the remaining provisions shall remain unaffected.
§ 16 Miscellaneous
16.1 Goods that are subject to the Calibration Ordinance, are delivered to the customer by graviCAL including a certificate of conformity in accordance with Section 5 of the Calibration Ordinance.
16.2 If a declaration of conformity is required when importing goods into the European Union, the customer is responsible for procuring it, unless we are legally or contractually obliged to do so. We undertake to inform the customer in good time of the lack of a certificate of conformity.
16.3 The customer is obliged to ensure that calibrated goods are installed correctly. This means that the operating environment must meet the conditions specified in the instructions. If recalibration is required during assembly or when the operating environment of a calibrated product changes, the customer is responsible for carrying out a new calibration. The customer must also observe Section 6 of the Calibration Ordinance.
16.4 According to the law, devices that have been calibrated for the first time may not be calibrated again. If these devices are returned, the remaining residual value is very low. This results in high economic damage, which can be between half the original value of the device and the complete loss of value. The loss of value is deducted when graviCAL accepts the return.
16.5 The customer may only transfer the rights and obligations arising from the contractual relationship to a third party with our prior written consent.
16.6 The purchaser has a non-transferable right of use to software and documentation of any kind, including offers, which is intended exclusively for internal use.
All other rights remain with the supplier. The purchaser is prohibited from using and exploiting them further, changing, editing or reproducing them.
It is the responsibility of the purchaser to ensure that software and documentation are not made accessible to third parties without the prior written consent of the supplier. Unless otherwise agreed, the right of use described above is deemed to have been granted upon order confirmation and delivery. The software is subject to §§ 69a ff. UrhG.
§ 17 Provider identification
graviCAL GmbH
Reselager Rieden 3a
D-49401 Damme
Registered at: Oldenburg District Court HRB 212503
Managing Director: Jarmila graviCAL
§18 Final provisions
18.1 With regard to the translations of its websites published by graviCAL, in the event of linguistic ambiguities or other uncertainties, the German version alone shall be deemed to be the final binding version.
§ 19 e-shop clause
The application of § 312e BGB Paragraph 1 Sentence 1 Nos. 1 to 3 and Sentence 2 is excluded.