- SiQuell Technology GmbH
- Keferloher Str. 24
- D-85540 Haar (München)
- +49 (0)89 437597 -30 / -32
- Mo – Thu 09:00 am – 05:30 pm
- Fr– 09:00 am – 04:00 pm
The following general terms and conditions are the basis of all delivery contracts, services and offers from the seller.
In commercial transactions, the general terms and conditions also apply to all future business relationships, even if they are not expressly agreed again.
Deviating general terms and conditions of the contractual partners only become part of the contract if they have been expressly agreed in writing beforehand.
Unless otherwise stated, the seller is bound to the prices contained in his offers for 7 days from the date of the offer. The prices stated in the seller’s order confirmation are decisive.
Packaging, shipping costs, transport insurance and customs fees are not included in the seller’s offers and will be charged separately.
The seller’s offers are non-binding and non-binding, also with regard to the price information.
If the seller is in default of delivery, the buyer can withdraw from the contract after setting a reasonable grace period in accordance with the following provisions or demand compensation for non-performance.
The duration of the grace period to be set by the seller is set at two weeks, which begins with the receipt of the grace period by the seller.
In the event of changes to the order requested by the buyer that affect the agreed delivery period, this agreed delivery period is extended to a reasonable extent.
The seller is not responsible for delivery and delays in performance due to force majeure and legal industrial disputes. They entitle the seller to extend the delivery time by the duration of the hindrance.
Invoices from the seller are to be paid in cash immediately upon receipt.
Cashless payment is only possible by prior agreement. The seller expressly reserves the right to reject checks or bills of exchange in these cases. Acceptance is always only as payment. Discount and bill charges are borne by the buyer and are due immediately.
Offsetting against counterclaims against the seller’s invoices is only permitted if these counterclaims are undisputed or have been legally established. The assertion of rights of retention against the seller is excluded in commercial transactions.
Shipping is at the buyer’s own risk. The risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport or has left the seller’s factory for the purpose of shipment.
The seller is entitled, but not obliged, to insure deliveries in the name and for the account of the buyer.
An incomplete delivery or obvious defects must be reported to the seller immediately, but no later than seven days after delivery, hidden defects after their discovery within the limitation period for the statutory warranty claim.
A breach of the above obligations excludes any warranty claims against the seller.
The warranty period begins on the date of delivery and is one month, unless otherwise specified by the seller.
In all cases of justified and timely complaints about its deliveries, the seller must, at his discretion, repair or replace other warranty claims by the buyer.
The buyer reserves the right to request a reduction in payment or cancellation of the contract if three attempts at rectification fail or the replacement delivery fails.
If the buyer does not exercise his right to cancel the contract or to reduce the remuneration within a reasonable period of time after three attempts at rectification have failed, the seller can withdraw from the contract.
Claims for damages due to impossibility of performance, due to non-fulfillment, from positive breach of contract, from negligence when concluding the contract and from tort are excluded both against the seller and against his vicarious agents or vicarious agents, unless the damage was caused intentionally or through gross negligence.
Current account / balance clause (business connection clause):
The seller reserves ownership of the goods until all claims of the seller against the buyer from the business relationship, including future claims also from contracts concluded at the same time or later, have been settled. This also applies if individual or all of the seller’s claims have been included in a current invoice and the balance has been drawn and recognized.
Extended retention of title in the event of resale with advance assignment clause:
The buyer is only entitled to resell the reserved goods in the ordinary course of business if he hereby assigns to the seller all claims that arise from the resale against the buyer or against third parties. If goods subject to retention of title are sold unprocessed or after processing or combination with objects that are exclusively owned by the buyer, the buyer hereby assigns the claims arising from the resale in full to the seller. If reserved goods are sold by the buyer – after processing / combination – together with goods that do not belong to the seller, the buyer hereby assigns the claims arising from the resale in the amount of the value of the reserved goods with all ancillary rights and priority over the rest. The seller accepts the assignment. The buyer is authorized to collect these claims even after assignment. The right of the seller to collect the claims himself remains unaffected by this; however, the seller undertakes not to collect the claims as long as the buyer properly meets his payment and other obligations. The seller can demand that the buyer disclose the assigned claims and their debtors, hand over the associated documents and notify the debtor of the assignment.
Any treatment or processing of the reserved goods is carried out by the buyer for the seller, without any obligations arising for the latter. When processing, combining, mixing or blending the reserved goods with other goods that do not belong to the seller, the seller has the resulting co-ownership share in the new item in the ratio of the value of the reserved goods to the other processed goods at the time of processing, combining, mixing or Mingling too. If the buyer acquires sole ownership of the new item, the contractual partners agree that the buyer grants the seller co-ownership of the new item in proportion to the value of the processed or connected, mixed or blended reserved goods and stores them free of charge for the seller .
Summary clause:
If the value of the existing securities exceeds the claims to be secured by more than 20%, the seller is obliged to release this at the request of the buyer.
If the buyer has deceived his creditworthiness when placing the order, or if the creditworthiness was not recognizable for the seller, the seller is entitled to withdraw from the contract without a grace period.
If such circumstances occur after the order has been placed, the seller is only obliged to provide further services in return for a reasonable down payment.
The “General Rental Conditions” of SiQuell Technology GmbH apply to all rental business of film equipment and accessories and all other rentals.
The place of performance for all services from this contract in commercial transactions for both parts is Munich.
In commercial transactions, the place of jurisdiction for all disputes arising from legal relationships between the seller and buyer is Munich.
The law of the Federal Republic of Germany applies exclusively to all legal relationships between seller and buyer.
Insofar as these general terms and conditions do not contain any deviating provisions, the statutory provisions apply.
Should individual provisions of these general terms and conditions be ineffective or in individual cases, e.g. B. be not applicable due to a lack of merchant status of the buyer, all other provisions remain unaffected.
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