This text only serves the purpose of providing information on the contents of the corresponding document in German. The official document in German is the version that is legally binding.
General Terms and Conditions of Kempten University of Applied Sciences
1. General provisions
a) The following clauses apply to all deliveries and services provided to Kempten University of Applied Sciences in connection with any additional conditions specified in the specific order or contract:
aa) These General Terms and Conditions of Contract and Payment at Kempten University of Applied Sciences,
bb) The General Contract Conditions for the Execution of Services (VOL/B) or the General Contract Conditions for the Award of Construction Contracts (VOB/B).
b) The contractor's general terms and conditions of business, delivery and payment, even if referred to in order confirmations, shall not apply if they deviate from the following terms and conditions.
2. Placements of orders
Orders must always be placed in writing to be binding. Verbal orders, including supplementary orders (regarding amendments, extensions or additions), shall only be effective if they are confirmed in writing by the client without delay.
3. Confirmation of orders
The attached order must be confirmed in writing without delay. Any deviations from the order must be expressly stated and require the client’s written approval. Verbal agreements require written confirmation by the contracting parties.
4. Delivery period and performance
The delivery periods agreed in writing must be strictly adhered to. If the delivery periods are exceeded, the legal consequences shall apply (Damages for delay, §§ 280 I, II, 286 in the German Civil Code (“BGB”); Damages in lieu of performance, §§ 280 I, III, 286 BGB; Withdrawal, § 323 BGB; Increased liability, § 287 BGB) unless otherwise agreed in individual cases. The contractor is generally not entitled to make partial deliveries or provide partial services; the prior written consent of the client must be obtained in each individual case.
5. Notification of delivery
The goods must be delivered to the specified shipping address. Partial deliveries or services must be designated as such. Each delivery must be accompanied by two copies of the delivery note, which must specify the exact contents of the shipment (number of items, price, order number).
6. Acceptance
Acceptance shall be recorded on the delivery notes. The contractor shall receive the first copy and the client the second copy. If partial acceptance has been agreed in writing, this does not replace the overall acceptance. Only successful overall acceptance triggers the limitation period for claims for defects.
7. Transfer of risk
Unless otherwise agreed in writing in individual cases, the risk shall pass to the client as soon as the goods have been received and accepted by the client. § 447 BGB is expressly waived.
8. Defective services (work or deliveries)
a) In the event of defective performance, the client may, at its discretion, demand subsequent performance (rectification or replacement delivery), withdraw from the contract, or reduce the purchase price or remuneration and demand compensation in lieu of performance or reimbursement of futile expenses. The contractor shall compensate for any further damages resulting from defective performance. The notification of defects is not dependent on the items remaining in their packaging.
b) The limitation period cited in § 438 para. 1 no. 3 BGB is extended to 3 years. In the case of machines, apparatus and apparatus components, the period for notification of defects shall not commence until the commencement of permanent use. § 438 para. 2, 2nd alternative BGB is waived. In the case of construction work, claims for defects are governed by § 13 of the German Construction Tendering and Contract Regulations, Part B (“VOB/B”).
9. Invoice
The invoice must be submitted in duplicate immediately after completion of the order. The second copy must be clearly marked as a duplicate.
10. Payment
a) Invoices shall be paid within a maximum of four weeks of receipt, unless expressly agreed otherwise. If a discount is claimed, payment shall be made within a discount period of two weeks. However, if the invoice is received earlier, the periods shall not commence before the day following that upon which the delivery is accepted.
b) Payment shall be made by bank transfer to the account specified by the recipient on the invoice. If partial invoices are permitted, the above provisions shall apply accordingly.
11. Prices
a) Orders for services shall be executed in the manner specified by the client in the order. In case of doubt, the client shall determine its own performance at its reasonable discretion in accordance with § 315 BGB.
b) The contractor is aware that prices must be within the scope of the relevant price regulations. All payments are subject to the review of price regulations. This reservation is expressly acknowledged by the contractor, who undertakes to refund any overpayments.
12. Expenses and packaging
a) Deliveries are to be made free of charge to the place of use. Transportation costs and other expenses or charges arising from entering into or fulfilling the contract shall be borne by the contractor. Additional costs incurred as a result of non-compliance with these conditions shall also be borne by the contractor. The insurance premium for transportation insurance shall be borne by the supplier.
b) Packaging must be performed carefully. The contractor shall be liable for all damage caused by insufficient packaging or packaging that does not comply with the specifications of public or private carriers.
13. Place of performance
a) The place of performance for deliveries and payment is Kempten (Allgäu), in Germany.
b) The place of jurisdiction is also Kempten (Allgäu), in Germany.
14. Insurances
Insurances are not to be invoiced (principle of self-insurance by the state) – administrative regulation (“VV”) no. 2.4 to Art. 34 of the Bavarian Budget Code (“BayHO”) in conjunction with explanatory note no. 9.1 in the commentary by “Birkner”. If this does occur, it shall be deducted from the invoice.
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