General terms and conditions
Status: January 2017
Provider: Company Cretec GmbH
Headquarters: Burgstrasse 25 | D-63546 Hammersbach
Managing Director: A. Trebing
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Recognition of the conditions:
Our sales and deliveries are exclusively subject to the following terms and conditions, which are accepted by placing an order. Changes shall only be valid if our terms and conditions of sale and delivery are expressly waived in writing in individual cases. Any other business and purchasing conditions sent by the customer or found on his documents are hereby expressly contradicted. These do not bind us even if we do not object at the time of conclusion of the contract. At the latest on receipt of the goods, our terms and conditions are deemed to be accepted.
Offer and conclusion of contract:
Our offers are in principle subject to change without notice until written confirmation of order by us. The order shall not be deemed accepted by us until we have confirmed it in writing. Verbal and telephone agreements require our written confirmation to be legally effective. Offers are usually submitted free of charge. However, technical elaborations, draft and/or construction drafts will only be carried out free of charge if the desired service or scope of delivery is legally effective. The sketches, drawings, pictures and all other documents supplied with the offer are subject to our copyright and may not be made available to third parties (see also Secrecy). If the order is not placed with us, these documents shall be returned to us immediately upon request. We reserve the right to make more or less deliveries than usual in the trade and shall not be liable for material defects or performance disruptions. Ancillary work shall only be effective if confirmed in writing.
Retention of title:
The delivered goods remain our property until complete payment of all claims arising from the business relationship, including future claims, including contracts concluded at the same time or at a later date. This shall also apply if individual or all claims have been included in a current invoice or the balance has been struck and accepted. The customer shall be entitled to resell the reserved goods in the normal course of business if he has integrated a corresponding retention of title clause in his terms and conditions of sale. However, he is not permitted to pledge or assign as security the goods delivered by us and not paid for. In the event of resale, the customer hereby assigns to us the claims and other claims against his customers, including all ancillary rights, arising from the resale to him until all claims arising from the business relationship have been settled. At our request, the customer must provide us with the information necessary for collection of the assigned claims and notify the debtors of the assignment.
If the customer withdraws from the contract and is responsible for this withdrawal, he is obliged to pay damages. Compensation for damages shall be calculated on the basis of expenditure, but at least 15% of the order value. Cancellations of orders/orders must be made in writing and are only valid with our written confirmation.
Delay in time:
Should delays arise in the execution of the order without our fault, the individual scheduled payment installments (except for' delivery' and' acceptance') shall be due for payment at the latest 2 weeks after the scheduled date of payment.
The customer's liability for the scope of delivery and services used shall commence with the customer's operational use of the scope of services supplied - also prior to acceptance -. Any liability is excluded for loss of production, product or production loss and plant malfunctions during or after the execution of the offered services.
Documents of all kinds made available by us within the scope of an offer, as well as all other information provided by us, insofar as this information is not clearly intended for the public, may not be made available to third parties unless this has been agreed in writing.
A required long-term assignment of our employees to the contractual partner is only carried out on a project-related basis on a work contract basis within a concrete project order.
For the work and services provided by us we provide a warranty within the scope of the legally regulated scope of services within 6 months. For delivered devices we provide a warranty within the framework of the usual warranty period of 12 months, for devices operated in multi-shift operation within 6 months. The detection of any defects, including those of slowly appearing suspicious defects, must be reported in writing within a period of 8 days immediately upon first recognition. All warranty services are provided ex works (bring in service). In the event of a warranty claim, new equipment cannot be used or required in advance. We are not responsible for the usual repair times and associated costs. For services of subcontractors for projects we provide a guarantee in the above-mentioned cases. Scope unless otherwise stated. We do not provide any guarantee for installed or modified components from our scope of delivery which have been commissioned, installed or modified at the instigation of the customer or third parties.
Changes in supplies and services that could result from requirements imposed by third parties (TüV, trade supervisory board, trade association) are not calculated. We would offer these additional expenses separately if necessary. Work and other expenses which were obviously not recognizable at the time of preparation of the offer or which were added during execution are offered as supplements. These offers are calculated according to the actual effort. This is based on our fee and billing rates valid at the time of execution. In the event of a delayed commencement of installation, interruption of installation or delay in the course of installation due to late delivery of the material to be provided by you or other circumstances for which we are not responsible, we must adjust our prices accordingly.
Rights of use for software:
The contractual partner shall receive the irrevocable, but not exclusive and not transferable right to use the software (programs) created by us, subject to the condition precedent of full payment. The contract partner is only allowed to decompile supplied object programs within the scope of §69e UrhG. Reproductions and modifications of programs are only permitted within the scope of §69d UrhG. Any changes going beyond this are subject to our consent. The contractual partner is obliged to keep records of any copies and duplications of the programs created by us and to submit them to us on request. Duplication, distribution of program documentation and manuals is only permitted with our prior written consent. We shall provide the contractual partner with software in object program form with proper user documentation. The contractual partner has no claim to the supply of source programs/source codes without express agreement. The contractual partner shall only be entitled to use the created software programs on one system unit (DV plant) at a time. Upon termination of the contract before acceptance or retroactive cancellation of the contract, all rights of use of the contractual partner as well as all derived rights of use of third parties shall lapse.
Rights arising from changes in the customer's circumstances:
If, after conclusion of the contract, a deterioration of assets or other serious risk for the proper performance of the contract occurs or if such a deterioration becomes known after conclusion of the contract or if the customer does not comply with the agreed terms of payment, all our claims shall become due immediately and we shall be entitled to demand security or payment and, after fruitless expiry of a reasonable period set for the provision of security or payment, we shall be entitled to withdraw from the contract in whole or in part or to claim damages for non-performance.
Hanau District Court, HRB 42 86