GenGlas GmbH Robert-Bosch-Str. 30th 72348 Rosenfeld Germany Tel: +49 (0) 7428 743 9575 Fax: +49 (0) 7428 743 9576 Mail: email@example.com Web: www.genglas.de www.vitropan.de www.vitropan.com Commercial register: Stuttgart District Court: HRB 769755 VAT identification number: DE325041531 Managing Directors of GenGlas GmbH are: Achim Krumm and Beniamin Farcut. Copyright: Reprinting and duplication, including excerpts, are not permitted without the express approval of GenGlas GmbH, Rosenfeld (Germany). Programming and design: Business Plus SRL www.business-plus.ro
Dispute settlement :
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr. You can find our email address in the imprint above. We are not willing or obliged to participate in dispute settlement procedures before a consumer arbitration board.
Liability for content As a service provider, we are responsible for our own content on these pages in accordance with general laws in accordance with Section 7 (1) TMG.
According to §§ 8 to 10 TMG, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the time we become aware of a specific legal violation. As soon as we become aware of such violations, we will remove this content immediately.
Liability for links
Our offer contains links to external websites of third parties, the content of which we have no influence on. For this reason, we cannot accept any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time the link was created. No illegal content was discernible at the time the link was created. A permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. As soon as we become aware of legal violations, we will remove such links immediately.
The content and works on these pages created by the site operator are subject to German copyright law. Duplication, editing, distribution and any kind of use outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this page are only permitted for private, non-commercial use. As far as the content on this page was not created by the operator, the copyrights of third parties are respected. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, please let us know. As soon as we become aware of legal violations, we will remove such content immediately.
Concept, design and implementation Business Plus SRL www.business-plus.ro
Terms of Service
Basis of the order
Our general terms and conditions apply to this contract and also to all future contracts in the context of the business relationship. They also apply if there is no specific reference in the future in individual cases. Our customers’ own terms and conditions are contradicted. They only apply if we have expressly confirmed them in writing. Should individual clauses of our general terms and conditions be ineffective, the effectiveness of the remaining provisions remains unaffected. The ineffective provision is replaced by the permissible regulation that comes closest to the economically aimed at with the ineffective provision. Additions or changes to the contract must be made in writing. Declarations by individual employees are only binding if we have confirmed them in writing. The contract is governed exclusively by the law of the Federal Republic of Germany, as it applies to domestic business. In particular, the applicability of the uniform laws on the international purchase of movable goods and the conclusion of international sales contracts is excluded. Customer i. S. d. Terms and conditions are both consumers and entrepreneurs.
Offer and acceptance
Our offers are non-committal and non-binding.
In the legal sense, they only represent an invitation to submit a contract offer.
The contract is concluded when we accept the customer’s offer (order / order) in writing or electronically by email, otherwise through the execution of the contract or the order. If the customer orders the goods electronically, we will confirm receipt of the order immediately. The confirmation of receipt does not yet constitute a binding acceptance. The text of the contract will be saved by us and sent to the customer by e-mail along with the present terms and conditions. The customer is obliged to immediately check our declaration of acceptance / order confirmation. Any deviations from his order must be reported immediately in writing. If this is not done, the content of the contract is based on the content of our declaration of acceptance / order confirmation. If there is no formal declaration of acceptance / order confirmation, the above applies mutatis mutandis to the down payment or final invoice. We endeavor to take into account possible subsequent changes requested by the customer. However, there is no obligation to do so. If the execution of the order has already started (e.g. through production planning, cutting and the like), such consideration is only possible by calculating the additional costs.
Delivery and performance
Customer requests regarding the delivery date (cf. “desired date” on our order confirmations) are taken into account where possible, but are not binding. An agreed delivery period does not begin until we have received all of the customer’s required documents (drawings, pane dimensions, templates, etc.). Our deliveries are made ex works or ex warehouse. In the case of deliveries with our own vehicles or with vehicles from the supplying plant, the handover is deemed to have taken place at the latest when the goods have been made available to the recipient on the paved road in front of the delivery point. The customer is responsible for unloading; required unloading devices or labor must be provided by the customer. If the customer wishes, in full or in part, to unload, transport or insert the goods in window constructions in addition to the contractual agreements, and if we comply with this request, the services are rendered at the customer’s risk and liability. In this respect, the employees used act as vicarious agents of the customer. However, we are entitled to invoice the resulting effort separately. When the goods are handed over to the carrier, regardless of whether the goods are ordered by the customer, the supplier or us, the risk passes to the customer. This also applies to postage paid deliveries. The unobjectionable acceptance of the consignment by the carrier is considered proof of the perfect condition of the packaging and the proper loading, unless the customer can prove that the packaging was defective when the consignment was handed over to the carrier or that the loading was not done properly. If a delay in delivery for which the customer is responsible requires storage of the goods by us, storage is at the customer’s risk. If our delivery plants claim tolerances that are customary in the industry with regard to the goods, in particular with regard to slight color and structure deviations, these also apply to the present contract.
We are entitled to choose the packaging at our own discretion, taking into account transport and production aspects. The largest dimension of the unit always determines the packaging length. Packaging, insurance and other shipping costs are not included in the price. If an insurance contract is concluded at the customer’s request, we will only act as an intermediary for the customer. The packaging remains our property unless it is disposable. The customer is obliged to return it immediately. If the customer defaults on his return obligation, we are entitled to demand compensation for the loss of use. If the packaging can no longer be found, we are entitled to calculate the acquisition costs for the packaging.
The customer is obliged to inspect the goods immediately for all deliveries, including partial deliveries. All defects, including shortages or incorrect deliveries, must be reported in writing within two days at the latest, but in any case before processing or installation. Further obligations of the entrepreneur according to § 377 HGB remain unaffected. Upon installation with knowledge of the complaint, any warranty claim expires, unless the customer has expressly reserved such claims beforehand, we maliciously concealed the defect upon delivery or previously assumed a guarantee for the quality of the item. Complained glasses are returned to us for evaluation and research into the causes. If the return does not take place, we cannot accept the complaint. In warranty cases, we are entitled to assign our warranty claims against our suppliers to the customer and thus release us from our warranty obligation; Our warranty obligation is revived, however, if the claim against our supplier is not enforceable, which does not require the use of judicial help. If the customer is an entrepreneur, we fulfill warranty claims at our discretion through supplementary performance (replacement delivery or rectification). If the defect cannot be remedied within a reasonable period and replacement delivery is also refused, the customer can demand a reduction in the remuneration or withdraw from the contract. In the event of a minor breach of contract, especially in the case of only minor defects, the customer has no right of withdrawal. If the customer chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he is not entitled to any compensation claims due to the defect. If the customer chooses compensation after failed subsequent performance, the goods remain with the customer if this is reasonable for him. Compensation is limited to the difference between the price and the value of the defective item. This does not apply if we have maliciously caused the breach of contract. For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods. This does not apply if the customer has not notified us of the defect in good time.
Glasses provided by the customer (e.g. artificial glazing, mirrors, cuts) can be processed with us in advance. We do not accept any liability for a break in production or transport. This is at the customer’s expense in any case, except in the case of intent or gross negligence on our part. Deviations in dimensions, content, thickness, weight and color tones caused by the manufacture are permitted within the tolerances customary in the industry. The customary tolerances also apply to cutting and processing. Production and material-related phenomena such as interference formation, double-disc effect, multiple reflections, reflection distortion and anisitropia are technically unavoidable. The assignment of warranty claims is only permissible and effective with our prior written consent.
Limitation of liability
In the case of slightly negligent breaches of duty, our liability is limited to the direct average damage that is foreseeable and typical for the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We are not liable to entrepreneurs in the event of a slightly negligent breach of insignificant contractual obligations. The above limitations of liability do not affect the customer’s claims from product liability. Furthermore, the liability restrictions do not apply to physical and health damage attributable to us or if the customer’s life is lost. Claims for damages by the customer due to a defect become statute-barred one year after delivery of the goods. This does not apply if we be accused of fraud.
Right of withdrawal
We are entitled to withdraw from the contract if there is an important reason. In particular, there is an important reason: a) in the absence or loss of creditworthiness or in the event of insolvency of the customer, provided the customer does not effect the service or provide sufficient security against our service within a grace period. b) in the event of business interruptions or disruptions due to force majeure or other obstacles for which we are not responsible, such as war, riot, strike.
Unless other contractual agreements have been made, our invoices are due for payment immediately and without any deductions. Bills of exchange and checks are only accepted on account of performance. The regulation by changing also requires a separate prior agreement with us. Discount charges, bill charges and other costs are charged to the customer. If a certain remuneration has not been agreed, the remuneration generally required by us on the day of delivery applies. If a certain remuneration has been agreed, we are entitled to make an appropriate adjustment if the manufacturing costs, in particular wages and material prices, change after the contract is concluded. If the price increase is more than 10%, the customer has a right of withdrawal, which must be exercised within two weeks of receiving notification of the increase in remuneration. We are entitled to demand a down payment to a reasonable extent. Furthermore, we are permitted to provide partial services, provided the customer can reasonably be expected to accept them. In this case, the customer is obliged to pay the partial service immediately. The agreed remuneration and prices apply in the case of pure goods delivery. If assembly services are ordered subsequently, we are also entitled to change the prices for the proportion of goods. The provisions of the VOB also apply to assembly services. The customer can only offset claims against us if the counterclaim is undisputed or has been legally established. The same applies to the exercise of a right of retention. Any agreed discounts do not apply if we receive other due invoices upon receipt of the discounted invoice amount. No cash discount can be claimed under regulation through bills of exchange. Discounts are only granted on the net amount, i.e. not at the expense of the delivery of goods, freight, insurance premiums and the like. Our employees are not authorized to accept payments without our written authorization. If the customer does not make due payments (including installments), we can, after fruitless expiry of a reasonable grace period set by us, which is not longer than two weeks, claim damages for non-performance and / or withdraw from our contract.
Retention of title
In contracts with entrepreneurs, we reserve ownership of the delivered goods until all of our claims against the customer have been paid in full. The placing of individual claims in a current invoice as well as the balance drawing and its recognition do not affect the retention of title. The customer may combine or mix the reserved deliveries with goods that do not belong to us in the ordinary course of business. In this case, we acquire co-ownership in the ratio of the value of our goods to those with which they are combined or mixed. The customer is also entitled to process the goods under our retention of title in the ordinary course of business. This is then done on our behalf so that we acquire co-ownership of the new item in the ratio of the value of our goods to the total value. In all these cases, the customer retains ownership or co-ownership for us. The customer hereby assigns to us the claims for compensation due to him from the resale of the goods in our ownership or co-ownership against his customer. We accept this assignment. The customer is entitled to request the transfer of ownership or retransfer of his remuneration claims in whole or in part, provided that and insofar as he exceeds the value of the goods in our ownership and the claims assigned to us in total 110% of our outstanding claims. It is our responsibility to select the objects to be transferred and the claims to be assigned. The customer is revocable for us at any time to collect the claims assigned to us. For our part, we are entitled to uncover our retention of title or other property as well as the assignment of the purchase price claims in advance, provided that we have a legitimate interest in this, in particular if the customer does not make payments in accordance with the contract or if he spills goods. In the event of a seizure or other third party interventions, the customer must notify us immediately – providing the necessary documents.
Place of performance, place of jurisdiction
The place of performance is the seat of our company or our branch. If the customer is an entrepreneur, the place of jurisdiction at our discretion is our registered office or the registered office of our branch. This also applies in all other cases if the customer relocates his or her habitual residence from the Federal Republic of Germany after conclusion of the contract or if his domicile or habitual residence is not known at the time the complaint is filed.
This post is also available in: Deutsch