GENERAL CONDITIONS deconta Pty Ltd for Australia
I – EXCLUSIVITY/APPLICABLE LAW
These general conditions apply exclusively in their current valid version. Furthermore the convention of the United Nations from 11 April 1980 (CISG) applies. German law applies in cases of questions which are not regulated by the existing conditions and the CISG.
II – ORDER CONFIRMATION, PRICES, CONDITIONS AND CONDITIONS OF PAYMENT
The payment and delivery conditions are regulated in the order confirmation. All prices are without VAT ex works.
III – TRANSFER OF RISK AND TRANSPORT
The dangers and risks are transferred to the customer ex works. The customer is obliged to keep the goods safe and insure them sufficiently against loss (theft, fire, etc). He hereby cedes the insurance claim in the case of damage to us and it will be a first-priority partial sum to the amount of the purchase price of the goods delivered by us.
IV – DUTIES OF EXAMINATION AND COMPLAINTS
Duties of examination and complaints are determined by Article 377 of the German Commercial Code. The goods must be examined immediately for completeness and obvious damage. Incompleteness and obvious damage must be contested within 24 hours of receiving the goods, otherwise the goods are deemed to have been accepted.
V– WARRANTY/CLAIMS FOR DAMAGES
In case of justified complaints, we have the right to make an immediate, one-time repair or a delivery of replacement goods free of defects. If the repair goes wrong the customer is entitled, according to their legal rights, that the liability for damages from the delivery of damaged goods or for an incorrect delivery is limited to the purchase price of the delivery item. Further claims (consequential costs) of any type are excluded. For damages, which did not occur to the delivery item itself, we are only liable in cases of intent, gross negligence or the absence of assured characteristics, if the assurance was aimed at insuring the customer against the occurring damage. In the event of a culpable breach of fundamental contract obligations we are also liable for minor negligence, although this is limited to typical contractual reasonably foreseeable damage. Any other claims – irrespective of the legal grounds – are excluded.
VI – RESERVATION OF PROPRIETARY RIGHTS
We retain ownership of the goods until the payment of all existing or future demands from the business relationship with the customer. The buyer may resell the goods due to a sales contract, work contract or work performance contract as part of regular business transactions. The buyer is not entitled to dispose of the goods in any other ways. The claims arising from resale are now assigned to us by the customer to the value of the goods to secure all of our claims from the business relationship. We accept the assignment. Upon our request by us the customer is obliged to inform the seller of the transfer for payment to a third party. Should the value of existing securities in our favour exceed the claim against the buyer by more than 20%, we shall, upon the request of the customer or that of a damaged third party, be obliged to release securities of our choice. If retention of ownership in the event of a delivery abroad is not admissible in the form described above, our rights as described above shall be restricted to the scope that is statutorily admissible in the customer's country.
VII – SPECIAL PROVISIONS FOR LOAN AGREEMENTS
The hire property will be passed on to the customer in a verified condition. The operating parts necessary to use the hire property will be sold to the customer and invoiced along with the first hire charge. When picking up and delivering the hire property, it should be checked by the customer for its proper condition and confirmed on the delivery note. The hire amount is calculated according to calendar days, beginning with the arrival of the goods at the place of delivery and ending with the day of the return delivery at our warehouse. Hire equipment is an integral part of the rental service and is not for sale. The hire equipment must be insured by the customer against theft and other risks. It is not possible to insure the equipment through us. Invoices for the hire property are sent weekly or monthly in advance. The hire property must be cleaned, decontaminated, without adhesives and fibre binding agents being attached, without filters, undamaged and sent back without charge to us in the packaging we made available. In case of sufficient doubts regarding proper decontamination/cleaning we are entitled to refuse to accept the equipment concerned. Necessary cleaning, decontamination or repair work will be invoiced to the leasee. Return transport must be organised by the customer and takes place at their own risk.
VIII – PLACE OF JURISDICTION– PLACE OF PERFORMANCE
Place of jurisdiction is the appropriate court in the location of our business. We can sue the customer in the location of their business. Place of performance for the sales or hire contract is the location of our business.
IX – General provisions
Changes, divergences, exceptions and additions to this contract must be done in writing. Verbal agreements are excluded, unless they are agreed individually.
This agreement regulates the entire business relationship and all future orders – unless otherwise agreed.