GENERAL TERMS & CONDITIONS
of CATS Crane Automation Technology Systems GmbH & Co KG
(as of December 2009)
1.1 These general terms and conditions (hereinafter referred to as GTCs) apply to all offers, deliveries and services (hereinafter referred to as deliveries) by CATS Crane Automation Technology Systems GmbH & Co KG (hereinafter referred to as CATS) to their clients (hereinafter referred to as customer). They also apply to all future business transactions between the contracting parties without the need for further notice.
1.2 General terms and conditions of the customer only apply to the extent that CATS has expressly agreed to them in writing.
1.3 If, in individual cases, special provisions deviating from these terms and conditions are agreed in writing for certain deliveries, these terms and conditions shall apply subordinately and in addition.
2.1 CATS offers are non-binding unless otherwise stated.
2.2. The information contained in catalogs, brochures and the like are only relevant if they are expressly referred to in the offer and in the order confirmation from CATS.
2.3 All offer and project documents may not be reproduced or made available to third parties without the consent of CATS. They can be reclaimed by CATS at any time and must be returned immediately if the order is placed elsewhere. CATS is entitled to all rights to the offer documents. Business and trade secrets are to be treated as strictly confidential.
2.4 The documents, samples or samples belonging to the offer and in particular the technical data and descriptions in the respective product information or advertising materials are non-binding and are of a purely informative nature. They do not guarantee the quality or durability of the goods to be delivered or delivered by CATS services rendered.
3. Conclusion of contract
3.1 The contract is deemed to be concluded when CATS has sent a written order confirmation after receiving the order and / or provides a service.
3.2 Subsequent changes and additions to the contract require written confirmation to be valid.
3.3 In the event that an order is withdrawn by the customer, CATS is entitled to charge a cancellation fee of 10% of the order value or, in the case of demonstrably greater effort, the costs actually incurred.
4.1 The prices apply as prices including loading, packaging, transport and excluding the respective sales tax. The delivery is insured according to the shipping method chosen by CATS. Special shipping costs (express etc.) will be invoiced in any case.
4.2 In the case of repair orders, the services identified by CATS as necessary and appropriate are provided and billed on the basis of the costs incurred (at the prices in the price list or the hourly rates for services applicable at the time of the order). This also applies to services and additional services, their necessity and expediency only come to light during the execution of the order, whereby no special notification to the customer is required. The waiting times in connection with on-site repair work are always chargeable.
5. Delivery time
Unless otherwise agreed in writing, the specified delivery time applies to the delivery of the goods ExW (Ex Works) warehouse CATS or from the notification that the goods are ready for dispatch. The delivery times are not binding. Compliance with the same presupposes that CATS comes into possession of all commercial and technical requirements (e.g. certificate of origin for export purposes) and documents that must be made available by the customer, which are necessary for the uninterrupted and smooth execution of the work. The fulfillment of the agreed terms of payment, also from other business cases, is a prerequisite for compliance with the delivery time.
Delay in delivery time by sub-suppliers, strikes, bans, import and export bans, war, mobilization and other cases of force majeure release CATS from the obligation to deliver on time without the customer being entitled to cancel the order or to pay corresponding compensation desire.
If the customer does not accept the goods provided in accordance with the contract at the contractually agreed location or at the contractually agreed time and if the delay is not due to an act or omission on the part of CATS, CATS can either demand fulfillment or withdraw from the contract in whole or in part and claim damages.
The dispatch takes place at the discretion of CATS, unless the customer has given specific instructions. Special shipping costs (express etc.) will be passed on in any case.
If goods that are ready for dispatch have to be stored at CATS through no fault of CATS, especially if the customer is in default of acceptance or in default of payment for other business cases, CATS is entitled to charge the customer 5% of the invoice value of the invoice in question for storage and other costs per month to calculate.
In addition, these goods are stored at the risk of the customer. When the shipment arrives, the customer must check the goods for completeness and intactness and report any damage or defects immediately to the carrier and CATS. Any defects that do not prevent the use of the delivery do not entitle the customer to postpone or refuse acceptance.
7. Fulfillment and transfer of risk
7.1 Use and risk are transferred to the customer at the latest when the delivery leaves the CATS warehouse. This also applies if the delivery takes place as part of an assembly or if the transport is carried out, organized and / or managed by CATS.
7.2 In the event of delayed departure from the CATS warehouse, which is due to circumstances on the part of the customer, the risk is transferred to the customer on the day the goods are ready for dispatch. All deadlines dependent on the fulfillment on the part of CATS begin to run with the stated times.
7.3 In the case of services that do not constitute a delivery or a part thereof, the place of performance is where the service is provided; the risk for a service or an agreed partial service is transferred to the customer when it is provided.
8.1 Unless separate terms of payment have been agreed, the invoices are due for payment within 14 days of the invoice date without any deductions.
8.2 The customer is not entitled to withhold or offset payments due to warranty claims or other counterclaims.
8.3 A payment is deemed to have been made on the day on which CATS can dispose of it.
8.4 If the customer is in arrears with a due payment or other service, then CATS
a) postpone the fulfillment of its own obligations until the arrears payments or other services are effected,
b) take advantage of an appropriate extension of delivery dates that have already been confirmed in the meantime,
c) make the entire remaining purchase price due (loss of deadline) and, from the due date, charge default interest at the rate of 2% above the current market bank interest rate for overdrafts, unless CATS can provide evidence of any additional costs or
d) withdraw from the contract if a reasonable grace period is not met.
In any case, CATS can also pass on to the customer all pre-litigation costs incurred for making the outstanding payment. Granted discounts or bonuses are conditional upon receipt of full and timely payment.
9. Retention of title
CATS retains ownership of all goods delivered by CATS until the invoice amounts plus interest and costs have been paid in full. Up to this point in time, the customer is only entitled to resell, process, combine, rent or lend the goods with the written consent of CATS. The customer's claims from the resale are deemed to have been assigned to CATS to secure the purchase price claim. The customer is obliged to make a corresponding note in his books or on his invoices. In the event of seizure or other claims, the customer is obliged to point out CATS's right of ownership and to notify CATS immediately.
10.1 a) The warranty period is 24 months after delivery of the hardware.
b) The warranty period for repaired devices or replacement devices is 6 months.
c) CATS accepts no liability for used goods. The running of the warranty period begins with the time of the transfer of risk according to point 7 or according to the place of performance.
10.2 The warranty claim only arises if the customer has reported the defects immediately in writing. CATS, informed in this way, must replace the defective goods / service or the defective parts or have them repaired on site or sent for repair in the event of a defect that is subject to warranty. The warranty claims expire if the customer does not observe the associated instructions for use and installation or treats the goods improperly.
10.3 All costs arising in connection therewith (e.g. for installation and removal, transport, travel and travel time) are borne by the customer (depending on the place of performance). For warranty work in the customer's company, the required or the relevant regulations (e.g. persons authorized to switch) and auxiliary staff, lifting devices, scaffolding and small materials, etc. must be provided free of charge.
Replaced parts become the property of CATS.
10.4 If a product is manufactured by CATS on the basis of construction information, drawings, models or other specifications provided by the customer, the CATS warranty only extends to the execution according to the conditions.
10.5 The warranty does not cover defects that arise from arrangement and assembly not effected by CATS, inadequate equipment, non-compliance with installation requirements and conditions of use, overuse of parts beyond the performance specified by CATS, negligent or incorrect handling and use of unsuitable operating materials. This also applies to defects that can be traced back to material provided by the customer. CATS is also not liable for damage caused by the actions of third parties, atmospheric discharges, over-voltages and chemical influences. The guarantee does not apply to the replacement of parts that are subject to natural wear and tear.
10.6 The warranty expires immediately if the customer himself or a third party not expressly authorized makes changes or repairs to the delivered items without the written consent of CATS. Invoices for this are also not recognized. Work and deliveries that are subject to warranty do not extend the original warranty obligation.
11. Liability, place of jurisdiction
11.1 CATS is liable, within the framework of the statutory provisions, for damage outside the scope of the Product Liability Act only if intent or gross negligence can be clearly proven. Liability for slight negligence is excluded, as is compensation for consequential damage and financial loss, savings not achieved, loss of interest or damage from third-party claims against the customer.
11.2 CATS is liable within the scope of the Product Liability Act for personal injury and property damage suffered by a consumer. CATS and its upstream and downstream suppliers are not liable for property damage suffered by an entrepreneur.
11.3 In the event of non-compliance with any conditions for assembly, commissioning and use (e.g. according to operating instructions) or the official conditions, any compensation is excluded.
11.4 The stated limitations of liability are to be transferred in full to any customers, with the obligation to further transfer.
11.5 The contract is subject to German law.
The competent court at the company headquarters of CATS, i.e. the AG, LG Nuremberg, is responsible for settling disputes.
12. Industrial property rights and copyright
If a product is manufactured by CATS on the basis of construction information, drawings, models, software or other specifications, etc., the customer must indemnify and hold CATS harmless from any infringement of property rights and exempt them from all conceivable claims by third parties.
13.1 Any system software for programming CATS products is subject to these terms and conditions in addition to the necessary license conditions.
13.2 The software delivery conditions of CATS in their currently valid version apply to the creation or delivery of user-specific software, see:
14. Service and assembly
For service and assembly work, in addition to these terms and conditions, the current version of the CATS service and assembly delivery conditions apply, see: www.CATS-craneautomation.de.