According to § 5 TMG:

 

Robert Bargolini

General Infrastructure Systems Solutions
Eichhornshof 6
D - 74629 Pfedelbach

 

VAT ID no .: DE304450179

Tax number: 76102/13707

Place of jurisdiction: Stuttgart

 

Represented by:                                                                                                                                                                                       

Robert Bargolini  owner

 

Contact:

Phone:

M: +49 (0) 15254771815

E-mail:

robertbargolini@giss.cc

 

Responsible for the content according to § 55 Abs. 2 RStV:

Robert Bargolini
Eichhornshof 6
D - 74629 Pfedelbach

 

Responsible for content according to §10 paragraph 3 MDStV / publisher:

Robert Bargolini ©

 

General Terms and Conditions Robert Bargolini

As of December 22, 2015

 

§ 1        General

 

(1) These general terms and conditions apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 I of the German Civil Code (BGB).

 

(2) The following conditions apply to all consultations, offers, sales, deliveries, services and all current and future legal relationships between Robert Bargolini and our client. Conditions of purchase of our client, which contradict our conditions or the statutory provisions in whole or in part, are hereby expressly contradicted. They will not become part of the contract even if we carry out the service with knowledge of conflicting conditions. We only recognize conditions of the customer that contradict or deviate from our sales conditions if we expressly agree to their validity in writing. The following conditions apply to all future business relationships, even if they are not expressly agreed again, insofar as our client knew or should have known them from a previous business relationship.

 

(3) There are no verbal side agreements. Agreements that deviate from these conditions in individual cases are only binding if we have confirmed them in writing.

 

 

§ 2        Offer and conclusion of contract

 

(1) Our offer is always non-binding. Contracts, including those at trade fairs or by our agents, are only concluded in accordance with our written order confirmation and its receipt by our client. Our advertising materials and brochures are not legally binding.

 

(2) The quality of the subject matter of the contract is described exclusively in our offers, order confirmations and related documents, without this constituting a guarantee in accordance with Section 443 of the German Civil Code (BGB). Insofar as guarantees are assumed on our part, these are not to be understood as guarantees in the sense of § 443 BGB, but as independent guarantee promises.

 

 

§ 3        Provided documents

 

All documents provided to the client in connection with the placing of the order, such as B. calculations, drawings, etc., we reserve property rights and copyrights. These documents may not be made accessible to third parties unless we give the client our express written consent. If we do not accept the client's offer, these documents must be returned to us immediately.

 

 

§ 4        Prices and payment

 

(1) Unless otherwise agreed in writing, our prices are in euros, net, ex works, excluding packaging, assembly and installation and plus VAT at the currently applicable rate. Packaging costs will be charged seperately.

 

(2) Payment of the invoice must be made exclusively to the account mentioned. The deduction of a discount is only permitted with a corresponding, written agreement.

 

(3) Unless otherwise agreed, the invoice must be paid within 3 days of the invoice date, at the latest on the date stated on the invoice. Interest on arrears will be charged at 8% above the respective base rate pa. The assertion of a higher damage caused by default remains reserved.

 

(4) Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and sales costs for deliveries that are made 3 months or later after the conclusion of the contract.

 

(5) Part deliveries / services are charged immediately and are due for payment individually, regardless of the termination of the overall delivery / service.

 

 

§ 5        Offsetting and rights of retention

 

The customer is only entitled to offset if his counterclaims have been legally established or are undisputed or recognized by us  are. The client is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

 

 

§ 6        delivery time

 

(1) The start of the delivery time specified by us presupposes the timely and proper fulfillment of the client's obligations. The exception of the unfulfilled contract remains reserved.

 

(2) If the client is in default of acceptance or if he culpably violates other duties to cooperate, we are entitled to demand compensation for the damage we incur in this respect, including any additional expenses. We reserve the right to make further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or default.

 

§ 7        Transfer of risk upon dispatch

 

The risk is transferred to our client when the subject of the contract is handed over to our client, the first carrier or forwarder. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs. This also applies to individual partial deliveries.

The subject of the contract is shipped from the warehouse (EXW  according to INCOTERMS 2000) at the risk of our client, even if the freight and other costs are at our expense. The subject of the contract is automatically insured by us against damage in transit. A transport insurance flat rate corresponding to the value of the goods will be charged to the customer.

 

 

§ 8th        Retention of title

 

(1) We reserve title to the delivered item until all claims from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to them. We are entitled to take back the purchased item if the client behaves contrary to the contract.

 

Taking back the purchased item does not constitute a withdrawal from the contract, unless we have expressly stated this in writing. If we seize the purchased item, we always withdraw from the contract. After taking back the purchased item, we are authorized to dispose of it; the proceeds from the sale are to be offset against the customer's liabilities - less reasonable disposal costs.

 

(2) As long as ownership has not yet passed to him, the client is obliged to treat the purchased item with care. In particular, he is obliged to insure them adequately at replacement value at his own expense against theft, fire and water damage. If maintenance and inspection work has to be carried out, the client must carry this out in good time at his own expense. As long as ownership has not yet passed, the client must notify us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the client is liable for the loss we incur.

 

(3) The client is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns the customer's claims from the resale of the reserved goods to us in the amount of the final invoice amount agreed with us (including VAT). This assignment applies regardless of whether the purchased item has been resold without or after processing. The client remains authorized to collect the claim even after the assignment. Our authorization to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the client meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application has been made to open insolvency proceedings or payments have been suspended.

 

(4) The treatment and processing or transformation of the purchased item by the customer is always carried out in our name and on our behalf. In this case, the customer's entitlement to the purchased item continues with the remodeled item. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same applies in the event of mixing. If the mixing takes place in such a way that the client's item is to be regarded as the main item, it is agreed that the client shall transfer proportional co-ownership to us and keep the resulting sole or co-ownership for us. In order to secure our claims against the client, the client also assigns to us such claims that accrue to him against a third party through the connection of the reserved goods with a property; we already accept this assignment.

 

(5) We undertake to release the securities to which we are entitled at the request of the customer insofar as their value exceeds the claims to be secured by more than 20%.

The selection of the securities to be released is incumbent on us.

 

 

§ 9           Warranty and notification of defects as well as recourse / manufacturer recourse

 

(1) Claims for defects become statute-barred 12 months after the new goods delivered by us have been delivered to our client. The above provision does not apply if the law in accordance with § 438 I No. 3 BGB, § 479 No. 1 BGB and § 634 a I BGB prescribes longer periods.

If, despite all due care, the delivered goods show a defect that already existed at the time of the transfer of risk, we will either repair the goods or deliver replacement goods, subject to timely notification of defects. We must always be given the opportunity to provide supplementary performance within a reasonable period of time. Recourse claims remain unaffected by the above regulation without restriction.

 

(2) If the supplementary performance fails, the client can withdraw from the contract or reduce the remuneration.

 

(3) Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, as well as damage that occurs after the transfer of risk as a result of incorrect or negligent treatment, excessive use, unsuitable operating resources, defective construction work, unsuitable building site or due to special external influences that are not required by the contract. If improper maintenance work or repairs are carried out by the client or a third party, there are no claims for defects for this or the consequences thereof. We are not liable for errors caused by parts that we have not delivered and installed, as well as for changes without our written consent.

 

(4) Claims by the client due to the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the goods delivered by us are subsequently transferred to a location other than the branch has been brought by the client, unless the shipment corresponds to its intended use.

 

(5) The customer's rights of recourse against us only exist insofar as the customer has not made any agreements with his customer that go beyond the legally mandatory claims for defects. Paragraph 7 also applies accordingly to the scope of the customer's right of recourse against the supplier.

 

(6) The guarantee for used goods is excluded. This does not apply to damage caused to the buyer as a result of injury to life, limb or health or due to willful or grossly negligent breach of duty by the seller or his vicarious agents or legal representatives. We are also liable for damage caused by simple negligence, insofar as this negligence relates to the breach of contractual obligations, compliance with which is of particular importance for the achievement of the contract (cardinal obligations). However, we are only liable insofar as the damage is typically associated with the contract and is foreseeable. For the rest, we are not liable for simple negligent violations or secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 3 to 5 also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents is affected.

 

 

§ 10       Others

 

(1) This contract and all legal relationships between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).

 

(2) The place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is our place of business, unless otherwise stated in the order confirmation.

 

(3) All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.

 

(4) Should individual provisions of this contract be or become ineffective or contain a loophole, this shall not affect the remaining provisions. The parties undertake to replace the ineffective regulation with a legally permissible regulation that comes closest to the economic purpose of the ineffective regulation or fills this gap.