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MANAGING DIRECTOR
Chousein Giourouk
1. scope of application
1.1 Unless otherwise agreed in writing, these General Terms and Conditions shall apply to all offers, contracts, deliveries and services of Coater GmbH to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB).
1.2 Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that Coater GmbH has expressly agreed to their validity in writing.
2. contract
Conclusion
2.1 Offers made by Coater GmbH are subject to change and non-binding, unless expressly designated as binding.
2.2 A contract shall only come into existence upon written order confirmation or upon commencement of the performance of the service by Coater GmbH.
3. performance
extensive
3.1 The written order confirmation shall be decisive for the type and scope of the services.
3.2 Changes or additions to the scope of services require written confirmation by Coater GmbH. The actual description of services is set out in the respective contract and the individual agreements.
4. prices & payment
4.1 Unless otherwise agreed, all prices are net prices plus statutory VAT and any shipping and transportation costs.
4.2 Invoices are to be paid without deduction in accordance with the respective contractual agreements.
4.3 In the event of default in payment, Coater GmbH shall be entitled to demand default interest in the amount of 9 percentage points above the respective base interest rate.
4.4 The offsetting of counterclaims or the assertion of rights of retention is only permitted if the counterclaims are undisputed or have been legally established.
5. delivery & execution
deadlines
5.1 Delivery and execution dates are non-binding unless they have been expressly agreed as binding in writing.
5.2 Compliance with deadlines presupposes the timely fulfillment of all of the customer's obligations to cooperate.
5.3 Events of force majeure and other unforeseeable events beyond the control of Coater GmbH shall release Coater GmbH from the obligation to deliver or perform on time for the duration and to the extent of their effect.
6. acceptance & risk
Transition
6.1 Acceptance of the service shall take place in accordance with the respective agreements made, but at the latest upon commissioning or use.
6.2 The risk shall pass to the customer upon acceptance or at the latest upon handover of the service to the customer.
7. guarantee
performance
7.1 The statutory warranty rights shall apply.
7.2 Obvious defects must be reported to Coater GmbH immediately in writing, unless otherwise agreed in the respective contract.
7.3 No warranty is given for defects caused by unsuitable or improper use, faulty assembly, natural wear and tear or external influences.
8. liability
8.1 Coater GmbH shall be liable for intent and gross negligence in accordance with the statutory provisions. The following liability provisions shall apply unless mandatory statutory provisions provide otherwise.
8.2 In the event of simple negligence, Coater GmbH shall only be liable for breach of material contractual obligations (cardinal obligations), limited to the foreseeable damage typical for the contract.
8.3 Any further liability is excluded; this does not apply in the event of injury to life, limb or health.
8.4 Any further liability shall only be assumed within the scope of the statutory provisions.
9. ownership
reservation
9.1 Unless otherwise agreed, the delivered goods shall remain the property of Coater GmbH until all claims arising from the business relationship have been paid in full.
10. confidentiality & data protection
10.1 Both parties undertake to treat all information obtained in the course of the cooperation as confidential.
10.2 The processing of personal data is carried out in accordance with Coater GmbH's current privacy policy.
11 Place of performance, place of jurisdiction, applicable law
11.1 The place of performance is the respective place where the agreed service is actually provided. The place of jurisdiction is, as far as legally permissible, Hamburg, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12. closing
Provisions
12.1 Amendments and supplements to these terms and conditions must be made in writing.
12.2 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.