General production conditions for the production of components
§ 1 Scope
The following production conditions for the production of components from PartsToGo GmbH, Reutäckerstraße 7, 76307 Karlsbad, Deutschland (PartsToGo) apply, unless expressly stated otherwise in writing, to all services that are processed as individual production orders between PartsToGo and the customer, in particular for the production of components. They also apply to future business relationships, even if they are not expressly agreed again. Differing general terms and conditions of the customer will not be recognized, even if PartsToGo does not expressly contradict them. These production conditions for the production of components do not apply to services,
§ 2 Conclusion of contract
(1) PartsToGo's offers are subject to change unless they are expressly stated as binding in the offer text. The contract is only concluded when both parties have signed it or when PartsToGo confirms the order to the customer in writing (by post, fax or email) or, in particular, if the customer orders by telephone or verbally, for example in urgent cases, that PartsToGo begins to provide the service .
(2) Subsidiary agreements and changes require mutual written confirmation (by post, fax or email).
(3) The General Terms and Conditions of Sales and Delivery of PartsToGo apply to all deliveries of manufactured components as part of the provision of services. According to the more detailed provisions of these conditions, a limitation period for the customer's claims for defects applies of one year from delivery as well as a retention of title for all delivery items from PartsToGo until the agreed fee has been paid in full.
(4) The delivery time begins after receipt of the order and after receipt of the initial data and specifications necessary for the order. If non-compliance with a deadline is due to reasons for which PartsToGo is not responsible (e.g. incompleteness of data, problems with data transmission, ...), the deadline is extended accordingly. The components produced are deemed to have been complied with when the components are handed over to the carrier or when data is sent electronically.
(5) If PartsToGo cancels a delivery order at the customer's request, PartsToGocan demand 20% of the invoice value as compensation from the customer without further proof.
(6) Production orders that already have the order status “In Production” can no longer be canceled.
§ 3 Production of components as individual production orders
The individual production order for the production of components includes the production of the components based on the customer data based on the specifications defined in the order confirmation.
§ 4 Data protection
PartsToGo is entitled to process, store and evaluate the customer's data in accordance with data protection laws. By providing the data, the customer gives his express consent.
§ 5 Remuneration
All remuneration is exclusive of the statutory sales tax, consumption taxes, withholding taxes, import taxes, export taxes, customs duties, levies or similar other taxes at the applicable rate.
(1) The remuneration for individual production orders is set out in the cost rates in their currently valid version. Travel and waiting times are considered working hours. The prices quoted by PartsToGo for the Services are based on the cost factors at the time of the quotation. If the relevant cost factors change after completion of the individual production order (in particular salaries and wages or material price changes), PartsToGo reserves the right to make an appropriate adjustment to the remuneration if there are at least three months between the conclusion of the contract and the performance of the service; In this case, the prices valid at the start of the service are deemed to be agreed. PartsToGo will provide proof of the change in the relevant cost factors to the customer upon request.
(2) If services are included in the price or are additionally offered by PartsToGo for a fee, no travel, accommodation or meal costs for the customer and the participants named by him are included. These costs must be borne by the customer himself.
(3) The prices for the sale of delivery items are shown separately and their delivery is determined in accordance with PartsToGo's general sales and delivery conditions.
§ 6 Payment
(1) Payments must be made by the customer in cash without any deductions to PartsToGo's paying agent. Unless otherwise stated in PartsToGo's offer or order confirmation or agreed in writing, all payments are due immediately upon receipt of the invoice.
(2) If the customer defaults on payment, PartsToGo will charge default interest of 8% per year; proof of lower damages remains unaffected.
(3) Offsetting or exercising a right of retention by the customer is only permitted with undisputed, recognized or legally established claims.
§ 7 Security co-ownership, lien
(1) To secure the claims in favor of PartsToGo, the delivered components remain the property of PartsToGo until full payment has been made.
(2) PartsToGo's co-ownership and lien expires upon full payment of the invoice.
§ 8 Claims due to defective performance of the service
(1) PartsToGo carries out the service with the necessary professional competence. If there is a proven defect in the components produced due to a breach of duty of care, PartsToGo will provide a one-off subsequent delivery of the components free of charge. The customer has no further or other claims due to defective execution of production, such as warranty claims.
(2) If delivery items are delivered as part of the service provision by PartsToGo or, in exceptional cases, a work or work delivery service has been expressly agreed, the customer's claims for defects can only be raised in accordance with Section 9 of PartsToGo's General Terms and Conditions of Sales and Delivery. According to the more detailed provisions of these conditions, a limitation period for the customer's claims for defects is one year from delivery or acceptance.
(3) PartsToGo guarantees that ordered components are created based on the data provided for this purpose on the systems defined in the order confirmation. When ordering the production of parts, the customer bears constructive responsibility for the structural design of the parts, taking into account the specific principles of the manufacturing process using DLP technology. PartsToGo assumes no liability for the intended suitability or use of the created component. Defects may include dimensional deviations between the target and actual condition of the parts as delivered, taking into account the known manufacturing-related tolerances. Dimensional deviations due to the geometric structure of the component or due to physical/chemical conditions of the material used are not covered by the warranty. This particularly includes changes that occur subsequently due to external influences (heat, humidity, etc.). Information about the physical and chemical properties of the building materials only serves the customer's own assessment and assessment of risks.
§ 9 Liability for damages
(1)PartsToGo is liable for claims:
- as a result of culpable injury to life, body or health
- from people,
- from the product liability law,
- as a result of non-compliance with a guarantee,
- due to fraudulent concealment of a defect or
- as a result of an intentional or grossly negligent breach of duty
without restrictions in accordance with the legal provisions.
(2) Otherwise, PartsToGo's liability is limited or excluded as follows:
a) In the event of a breach of essential contractual obligations caused by simple negligence, liability is limited to the typical damage foreseeable at the time the contract was concluded. An essential contractual obligation is an obligation that the contract intends to impose on PartsToGo based on its content and purpose or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly trusts and may rely.
b) In the event of a breach of non-essential contractual obligations caused by simple negligence and for other breaches of duty caused by simple negligence, PartsToGo's liability is excluded.
c) The warranty expires in the event of customer-specific post-processing and/or installation of the components.
d) Improper use of the components is excluded from the warranty.
e) The buyer grants at least three attempts at repair with a deadline of at least 30 days before the customer can exercise the statutory options in the event of non-fulfillment. In the event of a repair, the buyer will provide the data necessary for implementation.
(3) Contractual claims for damages by the customer against PartsToGo expire 12 months after knowledge of the conditions giving rise to the claim. This does not apply to the claims mentioned in paragraph 1.
(4) A change in the burden of proof to the detriment of the customer is not associated with the above regulations in paragraphs 1 to 3.
(5) PartsToGo assumes no liability for advice that PartsToGo's experts give the customer as a favor outside of the contractually agreed scope; This applies accordingly to free assistance.
§ 10 Liability for indirect damages
PartsToGo is not liable for indirect damages resulting from a defective delivery, such as loss of production, lost profits and excess consumption of materials, unless in cases of intent or gross negligence.
§ 11 Assignment
(1) The assignment of the customer's rights under the contract is not permitted without the written consent of PartsToGo. PartsToGo reserves the right to have individual services carried out by personnel from the manufacturing plants of supplier companies or other authorized partners.
(2) PartsToGo can award commissioned components and services to third parties. By placing the order, the customer expressly agrees to this.
§ 12 Place of jurisdiction and applicable law
(1) In the case of contracts with merchants, persons who, when concluding the contract, are acting in the exercise of their commercial or independent professional activity (entrepreneurs); Karlsruhe is agreed as the exclusive place of jurisdiction as well as with legal entities under public law.
(2) Substantive German law applies to these General Terms of Service and all contracts concluded under them, excluding the UN Convention on Contracts for the International Sale of Goods (CISG - United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on April 11, 1980).
§ 13 Severability clause
If a provision of these agreements is or becomes invalid in whole or in part, this will not affect the effectiveness of the remaining provisions. The contracting parties must work together to find an effective provision that comes as close as possible economically to the invalid provision.