Terms

General

Unless otherwise agreed upon prior in writing, all offers and agreements, as well as all services provided by IBP (INNOVATIVE BUSINESS PROMOTION GMBH), Hutten Strasse 4, 07743 Jena, Germany, hereinafter called ibp and or the Seller, are subject to the Seller’s terms and conditions, as set forth herein. The Buyer’s terms and conditions hold no validity for the Seller and may not be brought into force as such.

Any changes or cancellations to confirmed orders requires the Seller’s prior written approval. In such cases where the orders or goods have already been completed, the Buyer is compelled to accept said goods. In any other cases the Buyer is bound to compensate the Seller in form of a replacement order.

References to plural and singular, masculine or feminine remain and effect the same meaning within the scope herein.

Conclusion of Contract

The offers of ibp on their Websites, in folders or other electronic or other data media are not obligatory and subject to change without prior notice given. They represent only a noncommittal request to the contract conclusion. Accordingly it can occur in individual cases that a product is no longer available, or where technically improved versions become available. In such cases changes to existing contracts are solely at the Seller’s discretion. In any case, Ibp reserves the right to supply an equivalent or improved product to the Buyer.

Contracts and agreements are valid only after written confirmation by the Seller.

Provided the Buyer has correctly and in full completed all necessary paperwork and requirements within the scope of the Seller’s Terms and Conditions, said confirmation will follow promptly in written form by either postal service, electronic mail, facsimile transmission an/or through internet/return mail method.

Pricing

All prices are net plus the legally valid value added tax and any possible auxiliary costs (e.g. for packing and supply). Attention: applies only to corporate customers. Regulation on the marking of prices applies to LS customers!

Payment

30 days net, or 8 days 2%, or according to prior agreement between the parties within the scope of this agreement.

All export orders are based upon either pre-payment in full or a Letter of Credit.

Upon any past-due accounts by the Buyer, the Seller has the right to immediately collect all outstanding monies owing to him by the buyer.

Delivery

Orders with a value as of EURO 1000 are carriage free and within the indicated date to the address as indicated by the customer within the Federal Republic of Germany. Any supplies outside Germany take place from a warehouse in Germany or unfree.

Guarentee

All complaints must be made in writing to ibp within 1 week upon receipt of the product in questions.

In case of a recognized complaint, ibp will at their discretion either replace the defective product in question or replace it with either a new or refurbished unit. In any case, it is the Buyer’s responsibility to forward said unit to an address as required and indicated by the Seller, at the Seller’s expense, provided said expense are reasonable.

Should ibp not be able to either repair or replace a particular product within 1 month of receipt of said unit, the Buyer has the right of choice to either cancel this particular transaction or request a discount. Either way, this must be done in prior written agreement with the Seller.

The Buyer may make any legal and warranty claims against the Seller, only after the Buyer has exhausted all avenues pertaining to such claims directly with the manufacturer of any products in question. In particular, it is the Buyer’s responsibility to make full use of the manufacturer’s terms of warranty. Should however the Buyer not succeed as herein mentioned, then the Buyer must first make any legal claims towards the manufacturer before making any such claims towards the Seller.

In such cases where permitted by law but not within the scope of the manufacturer’s terms of warranty, the Seller reserves the right to repair, refurbish or exchange the product in question as stated in paragraph 2 herein. In any case, batteries are in principle excluded.

Guarentee exclusions

The guarantee does not apply to damage, caused by the Seller and or his customer due to damage resulting from deliberate or negligent abuse or inappropriate use, which may arise from products being exposed to harmful external influences such as but not limited to extreme temperatures, humidity, unusual physical or electrical demand, voltage fluctuations, lightning, static electricity, fire, acts of god, war, etc.), or from damage, which may result directly or indirectly in where the customer attempts to make changes, repairs or services to the product by anyone other than an authorized individual or entity not recognized by the Seller or the product’s manufacturer. Furthermore, the removal and or damage of a unit’s serial numbers and or housing seals by anyone other than describe herein make the warranty null and void all together.

Furthermore is impossible into the guarantee for all lack damages.

In cases where the customer requests a technician on-site, who determines that any damages developed due to one of the aforementioned reasons, it is the customer’s obligation to pay any costs (travel, work time, etc.) arising from this attendance.

Liability

ibp and or its representatives cannot be held legally liable unless where otherwise provided for by law and in such cases as:

  • extreme and premeditated negligence
  • breech of contract as prescribed within these terms and conditions
  • damage to health or loss of life
  • offences against product liability laws or health product laws within the legal jurisdiction of ibp
  • warranties

Maximum liability per individual case shall be no more than EURO 1,533,875.00

Retention of title

Any products, whether delivered or not, shall remain the property of the Seller, until all of the Seller’s claims toward the Buyer, whether or not specifically for any given product, are settled in full and to the satisfaction of the Seller.

The further sale of the commodity supplied under retention of title is permitted in the normal course of business. In such case, all outstanding demands due to the Seller are to be settled accordingly. In cases of bankruptcy or pending bankruptcy by the Buyer, any and all outstanding claims made by the Seller remain in effect.

At the Seller’s discretion and without notice to the Buyer, whereas the Seller suspects the Buyer to become incapable of settling outstanding payments owed to the Seller, as within the scope of these terms and conditions, even upon partial payment made by the Buyer, the Seller shall retain the right to withhold further delivery of products, including outstanding orders, as well as the right to reposes any products already delivered to the Buyer that are not yet paid for. This applies to amounts owed to the Seller by the Buyer of more than 80%.

Use of data

Upon conclusion of a contract, the Buyer permits the Seller to store and process any information provided to the Seller by the Buyer, as may be necessary in order to fulfill said contract.

Higher Force

In case of non-delivery or breech of contract by the Seller due to circumstances beyond the Seller’s control, the Buyer shall free the Seller of all obligations and liabilities within the scope of said contract.

The Buyer may cancel a contract only, provided it is in writing and prior approved by the Seller, if the product in question exceeds its agreed to delivery date. In such case, the Seller has up to 8 weeks after receipt of the Buyer’s reminder to deliver said unit.

Other

All legal and other disputes shall fall under the legal jurisdiction of the Federal Republic of Germany, with the place of court being Jena, Germany. However, at the Seller’s discretion, the Seller reserves the right to file for legal action in the Buyer’s jurisdiction.