Terms of Service

§ 1 General Provisions

1. All offers and agreements are based on our delivery conditions set out here; these are accepted by placing an order or accepting the deliveries / services. General terms and conditions of the customer only apply if we have expressly agreed to them in writing. The mutually consistent written declarations are authoritative for the scope of the deliveries.

2. The place of performance for all obligations arising from the contractual relationship is the headquarters of ISG mbH.

3. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of ISG mbH. However, ISG mbH is also entitled to sue at the customer's registered office.

4. The contractual relationship is subject to German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

§ 2 Offers, conclusion of contract, binding nature of the contractual relationship

1. Our offers are non-binding and, unless otherwise agreed in writing, are valid for 90 days from the date of the offer.

2. When our order confirmation is sent, the contract is deemed to have been concluded.

3. The contractual relationship remains binding in its remaining parts even if individual provisions are legally ineffective, but not if adherence to the contract would represent unreasonable hardship for one of the parties.

§ 3 delivery times, delay in delivery

1. Upon receipt of the order confirmation, the binding delivery time only begins if all technical details of the delivery content and scope of delivery have been clarified beyond any doubt and the cooperation measures to be provided by the customer have been complied with.

2. Early deliveries or partial deliveries are permissible as long as they are reasonable for the customer.

3. If agreed delivery dates cannot be met due to force majeure or other reasonable unforeseen events, the delivery times will be extended accordingly.

4. If the customer wishes a delay in delivery than originally agreed, 50% of the purchase price will be due after a delay of 6 weeks. If the goods that are ready for dispatch are not called up after 2 more weeks, additional storage costs will be due according to expenditure. (E.g .: connecting / charging batteries)

§ 4 Transfer of Risk

1. The risk is transferred to the customer as follows, even in the case of carriage paid delivery:

a) in the case of delivery without installation or assembly, if they have been dispatched or picked up. At the request and expense of the customer, deliveries can be insured by ISG against the usual transport risks.

b) In the case of delivery with installation or assembly, on the day of acceptance in the company's own facility, or, if agreed, after a trouble-free trial run.

2. If the dispatch, the delivery, the beginning, the implementation of the installation or assembly, the acceptance in the own company or the test operation is delayed for reasons for which the customer is responsible, or the customer is in default of acceptance for other reasons, the risk is assumed to the customer.

§ 5 Bringing in and assembly

1. Before the start of installation or assembly, the supplies and objects required for the start of the work must be in the appropriate place and preliminary work must have been carried out to such an extent that the work on the part of the supplier can be started as agreed and completed without interruption.

2. If a delay arises due to circumstances for which the supplier is not responsible, the customer will be charged for the costs of waiting time or new arrival.

3. If, after completion of the installation / assembly / on the part of ISG, an acceptance of the system is desired, the customer must do this within 2 weeks, after which the system is deemed to have been accepted. The acceptance is also deemed to have taken place when the system has been put into operation.

§ 6 Prices, Terms of Payment, Offsetting

1. The prices are ex works, excluding packaging, plus the applicable statutory value added tax.

2. Unless otherwise agreed in writing, our claims are to be settled without deductions within 30 days of the invoice date. Invoices for repairs / service calls / services are to be paid strictly net within 14 days.

3. Payments are to be made free payment office of ISG mbH.

4. The customer can only offset claims that are undisputed or have been legally established.

§ 7 retention of title

1. The objects of the deliveries remain the property of ISG mbH until all claims to which it is entitled against the customer from the business relationship have been fulfilled.

2. The customer is entitled to resell the items in normal business transactions as long as he is not in default of payment towards ISG mbH. Attachments or assignments by way of security to third parties require our prior consent.

3. In the event of a breach of duty by the purchaser, in particular in the event of default in payment, ISG is entitled to withdraw from the contract in addition to taking back the goods after the unsuccessful expiry of a reasonable deadline set for the purchaser. The purchaser is bound to the publishing.

§ 8 Warranty and liability in the event of material defects

1. The statutory warranty claims expire 24 months after the transfer of risk (unless the law provides for a longer period).

2. Complaints about defects by the customer must be communicated in writing to ISG immediately, at the latest within 14 days of delivery. In the case of hidden defects, this period begins after they are discovered.

3. Claims for supplementary performance become statute-barred 12 months from the start of the statutory limitation period. The legal regulations on suspension of expiry, suspension and restart of the statute of limitations remain unaffected.

4. Claims of the customer due to the expenses necessary for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the goods have been brought to a location other than the place of performance.

5. At the option of the supplier, parts or services are to be repaired free of charge, to be delivered again or to be rendered anew that show a material defect, provided that the cause was already present at the time of the transfer of risk.

6. In the event of a complaint, the purchaser may withhold payments to an extent that is reasonable in relation to the material defects that have occurred. The customer can only withhold payments if a notice of defects is asserted, the justification of which is in no doubt and his claims for defects are not statute-barred.

7. The statutory warranty claims become invalid,

if the operating and installation conditions specified in the operating instructions have not been complied with,

if a defect has arisen due to improper handling or external forces, such as scratches or dents on the housing

in the case of defects caused by contamination of any kind, in particular in the case of wear parts such as fans,

in the event of defects caused by corrosion, fire, water, heat, cold (see specification),

in the event of defects caused by external influences such as 2-phase operation, incorrect connection, disconnection of the neutral conductor, incorrect fuse protection, over / under voltage, voltage peaks at the mains input or lightning strikes,

in the case of defects that have arisen from conversion, repair or other manipulations carried out by untrained personnel (conversions in the system must only be carried out and approved by ISG),

for consequential and transport damage.

8. Returns to ISG must be carriage paid and duty-free.

§ 9 final clause

1. The general terms and conditions remain binding in their remaining parts even if individual provisions are legally ineffective. Individual, written contractual agreements take precedence over these terms and conditions.

Status: July 2016