Order conditions

1. Order and order confirmation
(1) SAMIX GmbH (orderer) can revoke the order if the contractor has not accepted it in writing within two weeks of receipt (order confirmation).
(2) If the order confirmation deviates from the order, the customer is only bound if he has agreed to the deviation in writing. In particular, the customer is only bound to the entrepreneur's general terms and conditions to the extent that these agree with his conditions or he agrees to them in writing has agreed.
(3) Changes or additions to the order are only effective if they are confirmed in writing by the customer.

2. Delivery time
(1) The timeliness of deliveries depends on receipt at the receiving point specified by the customer, and the timeliness of deliveries with installation or assembly or services depends on their acceptance.
(2) If there is a noticeable delay in a delivery or service, the purchaser must be notified immediately and his decision obtained.

3. Transfer of risk and shipping
(1) For deliveries with task creation or assembly and for services, the risk passes upon acceptance; for deliveries without assembly or assembly, the risk passes upon receipt at the receiving point specified by the customer.
(2) Unless otherwise agreed, the shipping and packaging costs are borne by the contractor.
When pricing ex works or from the contractor's sales warehouse, shipping is to be carried out at the lowest cost in each case, unless the purchaser has specified a specific type of transport. Additional costs due to non-compliance with shipping regulations will be borne by the contractor. If the price is set free to the recipient, the purchaser can also determine the type of transport. Additional costs for any expedited transport necessary to meet a delivery date must be borne by the contractor. (3) Every delivery must be accompanied by a packing slip or delivery note stating the contents and the complete order code. Shipping must be reported immediately with the same information.

4. Invoices
(1) The order numbers and the article numbers of each individual item must be stated in invoices. As long as this information is missing, invoices cannot be paid. Duplicates of invoices must be marked as duplicates.

5. Payments
(1) Unless otherwise agreed, payments are made within 14 days with a 2% discount or within 30 days net.
(2) The payment period begins as soon as the delivery or service has been fully provided and the properly issued invoice has been received. If the contractor has to provide material tests, test reports, quality documents or other documents, the completeness of the delivery and service also requires receipt of these documents. Discounts are also permitted if the customer offsets or withholds payments in an appropriate amount due to defects. The payment period begins after the defects have been completely eliminated.

6. Liability for defects
(1) The contractor must provide a one-year warranty for its deliveries and services.
The warranty period begins with the transfer of risk (No. 3 Para. 1). In the case of delivery to locations where the customer carries out orders outside of his factories or workshops, delivery begins with acceptance by the customer's client. It ends no later than 2 years after the transfer of risk. (2) If defects are discovered before or at the transfer of risk or occur during the warranty period, the contractor must, at the purchaser's discretion, either eliminate the defects or deliver or perform them free of defects at his own expense.
This also applies to deliveries for which testing was limited to random samples. The purchaser's choice must be made at his reasonable discretion. (3) If the contractor does not remedy the defect or provide a new delivery or new service within a reasonable period of time to be set by the customer, the customer is entitled to withdraw from the contract in whole or in part.
or to demand a reduction in the price
or
to carry out or have repairs or new deliveries carried out
or to demand compensation for non-delivery.
The same applies if the contractor declares himself unable to remedy the defect, deliver a new product or perform a new service within a reasonable period of time.
(4) Improvements can be carried out without setting a deadline at the contractor's expense if delivery is made after the delay has occurred and the purchaser is interested in immediate improvement to avoid its own delay or other urgency.
(5) The aforementioned claims expire after one year from the notification of the defect.
(6) Further legal claims, in particular compensation for useless processing costs, remain unaffected.
(7) Notifications of defects can be made within one month of delivery or service or, if the defects are only noticed during processing or use, since they were discovered.
(8) The above regulations apply accordingly to defect elimination services.
(9) The contractor bears the costs and risk of returning defective delivery items.

7. Passing on orders to third parties
Passing on orders to third parties is not permitted without the buyer's written consent and entitles the buyer to withdraw from the contract in whole or in part and to demand compensation.

8. Material procurement
(1) Material orders remain the property of the purchaser and must be stored, labeled and managed separately free of charge.
Their use is only permitted for orders from the purchaser. In the event of a reduction in value or loss, the contractor must provide compensation. This also applies to the calculated provision of order-related materials. (2) Processing or transformation of the material is carried out on behalf of the purchaser. This person becomes the direct owner of the new or converted item. If this is not possible for legal reasons, the purchaser and contractor agree that the purchaser becomes the owner of the new item at any time during processing or transformation. The contractor will store the new item for the purchaser free of charge with the care of a prudent businessman.

9. Tools, molds, samples, secrecy, etc.
Tools, molds, samples provided by the purchaser, models, profiles, drawings, standard sheets, print templates and gauges, as well as items manufactured accordingly, may not be passed on to third parties or for anything other than the contractual ones without the purchaser's written consent purposes are used. They must be secured against unauthorized inspection or use. Subject to further rights, the purchaser can demand their return if the contractor breaches these obligations. The contractor will not make information obtained from the purchaser available to third parties unless it is generally or lawfully known to him in some other way.

10. Assignment of claims
Assignment of orders is only permitted with the written consent of the purchaser.

11. Additional provisions
If the order conditions do not contain any regulations, the statutory provisions apply.

12. Place of jurisdiction, applicable law
(1) Place of jurisdiction is the district court of Meiningen
(2) German law applies.