Terms & Conditions
1. General
1.1 Scope
These General Terms and Conditions apply in the version valid at the time of the conclusion of the contract for all business relationships between us (Ing.-Büro Querin GmbH, Gerstenkamp 18, 21739 Dollern) and you. If you use conflicting General Terms and Conditions, these are hereby expressly rejected.
1.2 Contract Agreement
The contract language is German. Customers within the meaning of these General Terms and Conditions are exclusively entrepreneurs within the meaning of § 14 BGB (German Civil Code).
1.3 Conclusion of Purchase Contract / Work Contract
The conclusion of a work contract / purchase contract takes place individually through offer and acceptance. Unless otherwise agreed, the usual procedure is that you make us an offer regarding a service offered by us with your order, which can be accepted by us within two weeks. The contract is concluded upon acceptance. We do not store the contract text separately; rather, the contract content is determined individually from the agreement made.
1.4 Subsequent Amendment of the Terms and Conditions
We are entitled to subsequently adjust and supplement the General Terms and Conditions for existing business relationships, insofar as changes in legislation or case law require it or other circumstances lead to a significant disruption of the contractual equivalence ratio. A subsequent change to the terms and conditions becomes effective if you do not object within six weeks of notification of the change. We will expressly inform you at the beginning of the period about the effect of your silence as acceptance of the contract change and give you the opportunity to make an express declaration during the period. If you object in due time, both we and you can terminate the contractual relationship extraordinarily, unless we continue the contractual relationship under the old General Terms and Conditions.
2. Description of Services
2.1 General
As a technical/nautical ship outfitter, we sell navigation and communication devices in the field of commercial shipping (B2B) and also offer installation, maintenance, and repair of the devices we offer on-site as well as service organization.
2.2 Service Provision
We are entitled to have the contract or parts of the contract fulfilled by third parties. If a service is provided by a third party at your request, our obligation to fulfill the contract is limited to the careful selection of the company now providing the service and excludes liability for cases where the third party, despite careful selection, does not appear at the agreed time, does not perform the work or only performs it incompletely, or causes damage to your facilities.
2.3 Service Time
In principle, the delivery or service times are agreed individually with you. Their compliance requires that all technical and commercial questions between the contracting parties have been clarified in advance and that any necessary permits for your project are available. If you wish to make changes or additions after scheduling, the agreed deadlines/dates can no longer be met.
Unless expressly agreed otherwise, delivery/service is provided by us within 21 days. The start of the period for delivery/service in the case of purchase on account is the day after the conclusion of the contract. The period ends on the twenty-first day thereafter. If the last day of the period falls on a Saturday, Sunday, or a public holiday recognized at the place of delivery/service, the period ends on the next working day.
3. Delivery
3.1 Partial Deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
3.2 Delivery and Service Delays
Delivery and service delays due to force majeure and due to extraordinary and unforeseeable events that cannot be prevented even with the utmost care and for which we are not responsible (this includes, in particular, strikes, official or judicial orders, and cases of incorrect or improper self-delivery despite a covering transaction) entitle us to postpone the delivery for the duration of the obstructive event.
3.3 Exclusion of Delivery
P.O. Box addresses are not delivered to.
3.4 Storage Costs
If shipment or delivery of the goods is delayed at your request, we reserve the right to charge you for the costs incurred (especially storage costs).
3.5 Default of Acceptance
If you are in default of acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and claim damages for delay or non-performance. During the default of acceptance, you bear the risk of accidental loss or accidental deterioration.
4. Payment
4.1 Prices and Shipping Costs
All prices are exclusive of VAT. Additionally, the separately stated costs for packaging and shipping apply unless collection by you at our business location is agreed. When using our service technicians or technicians from third parties, additional costs may arise.
Furthermore, additional costs may be incurred for contracting parties outside the EU, particularly those for money transfers by credit institutions and import duties and taxes, which we are not responsible for.
4.2 Payment Default
You are in default of payment if the payment is not received by us within 10 days of receipt of the invoice. In the event of default, interest will be charged at 9 percentage points above the base rate of the European Central Bank. If you are in default of payment, we reserve the right to charge reminder fees of 5 euros. The assertion of further damages remains unaffected. You have the opportunity to prove that we have suffered no or lesser damage.
4.3 Right of Retention
The assertion of a right of retention is only available to you for such counterclaims that are due and based on the same legal relationship as your obligation.
5. Your Responsibility
5.1 General
You are solely responsible for the content and accuracy of the data and information you provide.
This includes, in particular, the delivery/billing address or the berth of your ship and the correct scheduling of desired service or repair services. In the case of repairs, a precise description of the error must be provided to optimally prepare our service technicians or technicians from third parties for the assignment.
5.2 Access and Conditions at the Place of Use
If we need to perform work on-site at your location or if this is included in the booked service, you must ensure that we are granted access to the respective premises/sites or that a corresponding key is handed over. You must also ensure that there is sufficient power supply and, if necessary, required tools and auxiliary personnel available at the premises/sites. You must also take the necessary safety precautions to enable us to perform our services properly. Delays due to your failure to cooperate are your responsibility.
5.3 Consultations
Any advice on the functionality and suitability of the goods for your intended use is provided by us only as assistance and is not to be understood as an assurance. You are responsible for informing yourself comprehensively about functionality and suitability and, if necessary, obtaining information from third parties.
5.4 Data Backup
You are jointly responsible for the security of the information you send. We cannot be held responsible for the loss of your transmitted information, as we do not assume a general data security guarantee.
6. Retention of Title
6.1 General
The goods, works, and materials delivered by us remain our property until all present and future claims from the business relationship have been fully satisfied. You assign to us any claim or compensation you receive for the damage, destruction, or loss of these items. Unless otherwise agreed below, you are not entitled to sell, give away, pledge, or transfer ownership of the items delivered under retention of title as security.
6.2 Seizure and Other Impairments
If the item subject to retention of title is seized or otherwise impaired by third parties, you must notify us immediately so that a lawsuit can be filed under § 771 ZPO. If the third party is unable to reimburse the judicial and extrajudicial costs of a lawsuit under § 771 ZPO, you are liable for the loss incurred by us.
6.3 Resale
You are entitled to resell the reserved goods in the ordinary course of business. You hereby assign to us the claims from the resale of the reserved goods in the amount of the agreed invoice final amount (including VAT). This assignment applies irrespective of whether the purchased item has been resold without or after processing. You remain authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as you meet your payment obligations from the collected proceeds, are not in default of payment, and, in particular, no application for the opening of insolvency proceedings has been filed or payment has been suspended.
6.4 Transformation, Processing and Treatment
The processing or transformation of the purchased item by you is always carried out in our name and on our behalf.
In this case, your expectant right to the purchased item continues in the transformed item. If the purchased item is processed with other objects not belonging to us, we acquire co-ownership of the new item in the ratio of the objective value of the purchased item to the other processed objects at the time of processing. The same applies in the case of mixing. If the mixing is done in such a way that your item is to be regarded as the main item, it is agreed that you transfer co-ownership to us on a pro-rata basis and keep the sole ownership or co-ownership created in this way for us. To secure the claims against you, you also assign to us such claims that arise against a third party through the connection of the reserved goods with a property; we accept this assignment now.
6.5 Redemption
In the event of contractual breach by you, particularly in the case of default of payment, but also in the event of an application for insolvency proceedings over your assets, we are entitled to take back the item. In this case, the withdrawal of the item does not constitute a withdrawal from the contract unless we expressly declare this in writing.
6.6 Release of Securities
If the value of the securities exceeds the value of the secured claims by more than 15 percent, we are obliged to release securities at your request.
7. Warranty
7.1 Warranty for Purchase Contracts
7.1.1 General
There are statutory warranty rights. A warranty claim can only arise regarding the condition of the goods; reasonable deviations in the aesthetic properties of the goods do not fall under the warranty claim. In particular, concerning descriptions, illustrations, and information in our offers, brochures, catalogs, on the website, and other documents, technical and design deviations may occur (e.g., color, weight, dimensions, design, scale, positioning, etc.), as long as these changes are reasonable for you. Such reasonable reasons for change may arise from customary fluctuations and technical production processes. Where guarantees are provided in addition to the warranty claims, you can find their exact conditions with the product. Possible guarantees do not affect the warranty rights.
7.1.2 Warranty Claim
In the event of a defect, we provide subsequent performance at our discretion in the form of defect rectification or replacement delivery. The risk of accidental loss or deterioration of the item passes to you upon delivery to the person designated for transport. You must report obvious defects immediately and non-obvious defects immediately upon discovery in writing; otherwise, the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. You bear the full burden of proof for all claim requirements, particularly for the defect itself, the time of discovery of the defect, and the timeliness of the defect notification.
7.1.3 Rights in Case of Insignificant Defect
In the case of an insignificant defect, you are only entitled to an appropriate reduction in the purchase price, excluding the right of withdrawal.
7.1.4 Damages for Defects
No warranty is provided for damages resulting from improper handling or use. The following warranty exclusion is expressly pointed out.
7.1.5 Limitation
For used goods, the warranty is excluded, and for new goods, it is one year.
This does not apply to the right of recourse under § 478 BGB. The shortening of the limitation period does not expressly exclude liability for damages resulting from injury to life, body, or health or in the case of intent or gross negligence. The provisions of the Product Liability Act remain unaffected.
7.2 Warranty for Work Contracts
7.2.1 Warranty Claim
There are statutory warranty rights. If the work is defective and you demand subsequent performance, we can choose to remedy the defect or create a new work. If defects are not remedied even after at least two attempts at rectification, you have the right to withdraw or reduce.
7.2.2 Rights in Case of Insignificant Defect
In the case of an insignificant defect, you are only entitled to an appropriate reduction in the agreed work fee, excluding the right of withdrawal.
7.2.3 Damages for Defects
No warranty is provided for damages resulting from improper handling or use. The following liability exclusion is expressly pointed out.
7.2.4 Transfer of Risk
The risk of accidental loss or deterioration of the work does not pass to you until the acceptance of the work within the warranty processing.
7.2.5 Service Services
If service services are required for a ship located abroad within the framework of liability for defects, we fulfill our obligations from the liability for defects after arrival in a German port. If this is not possible because the ship does not come to a German port, we must be given the opportunity to organize a corresponding service. If you order an external service without our consent, we will not cover the costs incurred.
7.2.6 Limitation
Warranty claims expire within one year after the transfer of risk, unless it is the construction of a building or a work whose success consists in the provision of planning or monitoring services for this. In these cases, the limitation period is five years. The shortening of the limitation period does not expressly exclude liability for damages resulting from injury to life, body, or health or in the case of intent or gross negligence. The provisions of the Product Liability Act remain unaffected.
7.3 Non-Existence of Warranty Rights
A warranty claim is not given in the following cases, provided the complained defect is due to:
Unsuitable or improper use/placement of the goods
Unauthorized reworking
Incorrect assembly or commissioning of the goods by you or third parties
Natural wear and tear of the goods
Incorrect or negligent handling of the goods
Use of unsuitable operating materials for the goods
External influences on the goods due to environmental factors
8. Liability
8.1 Exclusion of Liability
We and our legal representatives and vicarious agents are only liable for intent. Only if essential contractual obligations (i.e., obligations whose fulfillment is of particular importance for achieving the purpose of the contract) are affected, liability is also assumed for gross or slight negligence. In this case, liability is limited to the foreseeable, contract-typical damage.
In particular, our liability is excluded if a service or repair cannot be successfully completed due to circumstances for which we are not responsible.
8.2 Reservation of Liability
The above exclusion of liability does not affect liability for damages resulting from injury to life, body, or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
9. Final Provisions
9.1 Jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract is agreed to be our business location, provided you are a merchant, a legal entity under public law, or a special fund under public law.
9.2 Choice of Law
Unless mandatory legal provisions under your home law conflict, German law is agreed to the exclusion of the UN Sales Convention.
9.3 Mediation Clause
The parties undertake to conduct mediation at the Stade Mediation Office for Economic Conflicts of the IHK Stade before filing a lawsuit in the event of a dispute arising from this contract.
9.4 Severability Clause
The invalidity of individual provisions does not affect the validity of the remaining General Terms and Conditions.