This is an English translation of our German AGB. In case of legal dispute the original German version is legally binding.
General terms and conditions of IEM – Industrial Equipment and Machinery GmbH
legally represented by
(hereinafter referred to as IEM GmbH),
August-Horch-Str. 16, 55129 Mainz
( as of 01/2013)
§ 1 Validity of the conditions
The following General Terms and Conditions apply to all services performed by us and accepted by us during the business period. Amendments are only possible in individual cases if they have been expressly agreed in writing. When placing an order by our customers or by us, our respective customer expressly acknowledges the following General Terms and Conditions and agrees to their validity for the concluded transaction and for all further transactions. This also applies to customers residing abroad.
nachfolgenden Allgemeinen Geschäftsbedingungen gelten für alle während
der Geschäftsdauer von uns ausgeführten und von uns entgegengenommenen
Leistungen. Abänderungen sind im Einzelfall nur möglich, wenn diese
ausdrücklich schriftlich vereinbart wurden. Bei Auftragserteilung durch
unsere Kunden oder durch uns erkennt unser jeweiliger Kunde die
nachstehenden Allgemeinen Geschäftbedingungen ausdrücklich an und ist
mit ihrer Geltung für das abgeschlossene Geschäft und für alle weiteren
Geschäfte einverstanden. Dies gilt auch für im Ausland ansässige Kunden.
§ 2 The Entering into a Contract
- Product presentations of the IEM GmbH are not binding offers, unless they are expressly marked as such by the IEM GmbH. The assumption of a guarantee or the procurement risk between the contracting parties must be expressly agreed in writing.
- By sending an order by means of electronic data transfer and its access at IEM GmbH, the customer makes a binding offer to IEM GmbH to conclude a purchase contract for the selected goods. This offer is binding for the customer for three weeks.
- All inputs of the customer are indicated after clicking the order button again in a confirmation window; by clicking the back button the data can be corrected again before the final dispatch of the order.
- IEM GmbH confirms the receipt of the order immediately by electronic means. A contract is only concluded by receipt of a written order confirmation by IEM GmbH and subject to the conditions mentioned there, but in no case in case of erroneous price information or obvious calculation errors, wrong product descriptions etc., which IEM GmbH has to assert immediately; the order confirmation is also made by electronic data transmission by e-mail.
- The contract text is stored at IEM GmbH and can be sent to the customer at any time by e-mail. The contract languages are German and optionally English.
- The customer can cancel the transfer at any time by not sending the order or by pressing the cancel button. In this case no contract is concluded.
§ 3 Right of revocation
In accordance with the following revocation instruction, you are only entitled to a right of revocation if you are a consumer. According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
You have the right to revoke this contract within fourteen days without giving reasons.
Consequences of Revocation
Sample Withdrawal Form
(If you want to cancel the contract, please fill out this form and send it back.)
IEM Industrial Equipment and Machinery GmbH
Phone: 06131 963 107
Fax: 06131 963 109
– I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
– Ordered on (*)/received on (*):
– Name(s) of consumer(s):
– Address of the consumer(s):
– Signature of the consumer(s) (only for paper notifications):
—— (*) Delete as appropriate.
§ 4 Remuneration, Terms of Payment, Default and Reservation of Proprietary Rights
- The prices listed in the webshop are inclusive of statutory sales tax.
- The purchase price is due immediately after receipt of goods and invoice, at the latest within 14 days. The purchase price can be paid in advance or by invoice from the 3rd order onwards, unless otherwise contractually agreed in individual cases. If the customer falls into arrears with his payment obligation, he owes IEM GmbH a lump sum of € 5.00 as damage caused by default for the subsequent reminder or reminder. The assertion of further damages caused by default (e.g. collection costs etc.) remains unaffected.
- The goods remain the property of IEM GmbH until full payment of the purchase price and any other ancillary costs.
§ 5 Delivery
- Information about delivery periods are non-binding, unless the delivery date has exceptionally been confirmed in writing as binding.
- Partial deliveries are permissible, as far as they are reasonable for the customer.
- IEM GmbH reserves the right to refrain from the delivery of the goods and to withdraw from the contract if a supplier does not supply IEM GmbH with the ordered goods despite an existing delivery obligation. The right of withdrawal is excluded if IEM GmbH is responsible for the non-delivery for other reasons. The IEM GmbH informs the customer immediately if a delivery is not possible. In this case the IEM GmbH will refund already received payments immediately.
- In case of a delivery to our customers carried out by us, the delivery is made ex warehouse of the seller, who is also entitled to partial deliveries. If an agreed delivery date is exceeded due to circumstances for which we are responsible, the customer must grant us a reasonable grace period of at least 3 weeks. If delivery does not take place after expiry of the grace period and the customer therefore wishes to exercise his right to cancel the contract or demand damages instead of performance, he shall be obliged to notify us of this expressly in writing beforehand, setting a reasonable further grace period and requesting delivery. The customer shall also be obliged to declare to us at our request within a reasonable period of time whether he will withdraw from the contract due to the delay in delivery and/or demand damages instead of performance or insist on delivery.
- In the event of events of force majeure as well as circumstances for which we are not responsible and which make timely execution impossible, we shall be entitled to withdraw from the contract to the exclusion of claims for damages by the respective customer or to postpone the due date of the delivery for the duration of the hindrance. If the customer is in default of acceptance of a service to be rendered by us or if he violates other duties to cooperate, we shall be entitled to demand the damage incurred by us – including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the purchased item shall also pass to the customer at the time at which the customer defaults on acceptance. In the case of claims for damages, we can demand 15% of the purchase price without proof of damage, irrespective of the possibility of asserting a higher actual damage.
§ 6 Reservation of proprietary rights
We retain title to the delivered goods until all claims arising from our business relationship with the customer have been settled. The customer shall only be entitled to resell the goods in the ordinary course of business against cash payment or subject to retention of title. The customer hereby assigns to us by way of security all claims against his customers to which he is entitled as a result of the resale. If our goods are sold by the customer together with other goods not belonging to us at a total price, the assignment shall only be made in the amount of the value of our goods invoiced by us.
If goods delivered by us are combined, mixed or processed by the customer with other goods, it shall be deemed agreed that we shall acquire proportionate co-ownership in the ratio of the value of our reserved goods to the value of the new uniform item. In such a case, the customer shall be obliged to store the goods for us free of charge until the co-ownership expires. As long as he meets his payment obligations to us, the customer may collect the outstanding amounts for himself until revocation. The right to resell or process the goods and to collect the outstanding amounts expires upon cessation of payments, the filing or opening of insolvency proceedings, judicial or extrajudicial composition proceedings, a cheque or bill protest or a seizure. Any assigned accounts receivable received thereafter shall be accumulated immediately in a special account. Optionally, we shall be entitled to collect the assigned claims in our own name. In this case, the customer shall, upon request, provide us with all information and documents required for collection. Furthermore, after a reminder, we may oblige the customer to surrender the goods which are our property. In this case, the customer hereby irrevocably permits us to collect the reserved goods immediately and to enter his business and storage premises unhindered at this time. The assertion of the retention of title and the seizure of the reserved goods by us shall not be deemed withdrawal from the contract. If the realisable value of the securities to which we are entitled exceeds our claims to be secured by more than 25%, we shall be obliged to release them to the customer upon request.
§ 7 Notification of Defects and Warranty
- All claims of the customer due to defects shall become statute-barred 1 year after delivery of the goods, unless longer periods are prescribed by law. Parts subject to wear and tear are excluded if the defect is due to natural wear and tear. Complaints must be received by us in writing immediately, but at the latest within 10 working days of their discovery. Insofar as our delivery is defective, we shall, at our discretion, make subsequent deliveries or remedy the defect (subsequent performance). We must always be given the opportunity to do so within a reasonable period of time. If the supplementary performance fails, the customer may withdraw from the contract or reduce the remuneration.
- The delivery of IEM GmbH is free of defects if it has the agreed quality at the transfer of risk or, if the quality has not been agreed, if it is suitable for the intended use according to the contract, otherwise if it is suitable for the usual use and has a quality which is usual for delivery of the same type and the customer can expect according to the type of service.
- In the event of defects, the customer may demand a replacement delivery. If IEM GmbH is not willing or able to deliver a replacement due to disproportionality, if the supplementary performance is delayed beyond a period set by the customer for reasons for which IEM GmbH is responsible, or if the supplementary performance has finally failed or is unreasonable for the customer, the customer can withdraw from the contract or reduce the purchase price according to his choice. For compensation and replacement of futile expenses §9 applies.
- The warranty period lasts 24 months and begins with the delivery of the goods to the customer, if the customer is a consumer. If the customer is an entrepreneur, the warranty period is one year. In the case of defects of title, the statutory regulation shall apply.
- If it turns out that there was no defect, IEM GmbH will return the goods to the customer at the expense and risk of the customer.
- The location of the plant bought with us must possess absolutely a soil discharge, since possible leakages can cause water damages. Rodents (mice, etc.) could also corrode the pipes. Please bear this in mind when selecting the installation location.
- In case of incomplete deliveries, which are not insignificant, or in case of wrong deliveries or if we violate another obligation (secondary obligation) and this is our responsibility, the customer shall grant us a reasonable period of time to deliver the missing quantity or to remedy the defect.
§ 8 Non-acceptance
If an ordered delivery or service is not accepted on the agreed date or on the date specified by us, we may charge 25% of the value of the goods – without any further request being required – unless the customer can prove that a lesser loss has been incurred.
§9 Liability of IEM GmbH
1. IEM GmbH shall pay damages or compensation for futile expenses, for whatever reason (e.g. breach of duty, tort) only to the following extent:
- IEM GmbH is liable in full in case of intent, assumption of a guarantee or assumption of the procurement risk;
- In case of gross negligence the IEM GmbH is liable in the amount of the foreseeable and typical damage, which should be prevented by the duty of care;
- In all other cases the IEM GmbH is only liable in case of violation of such an essential duty that the achievement of the purpose of the contract is endangered, namely on compensation of the foreseeable typical damage, however (highest) per single case of damage limited to twice the contractually agreed remuneration.
2. The legal liability for injury to life, body and health and according to the product liability law remains unaffected.
3. The IEM GmbH is open to the objection of contributory negligence of the customer.
4. the regulation contained in § 7 Abs. 5 is valid for the limitation of the claims of the customer on compensation or reimbursement of expenses from the contract because of material defects and defects of title.
§ 10 Data protection
The customer is hereby informed that IEM GmbH collects, stores, processes and transmits his data to third parties to the extent necessary for the execution of the contract and on the basis of data protection regulations. The IEM GmbH may also pass on the data to suppliers and other third parties who are engaged by the IEM GmbH for the performance of the services, but only to the extent that this is necessary for the purpose of the service and for the execution of the contract.
§ 11 Use and application of reverse osmosis systems
Reverse osmosis product water is suitable for various applications.
For special applications it is necessary to know the technique of reverse osmosis.
The following points must be observed when using the product water as drinking water
- Verification of the water on the basis of an analysis (chemical and biological) for a comparison with the applicable drinking water ordinance.
- Checking the water for bacteriological contamination
- Consultation of experts or other experts Organizations
We assume no liability for improper applications/uses of the equipment. At the same time the warranty claim expires.
§ 12 Conclusion
- The contractual relationship between the two contracting parties shall be governed by German law with the exception of the UNCITRAL Sales Convention.
- Place of performance is Mainz. The place of jurisdiction for all disputes in connection with this contractual relationship shall be Mainz if the customer is a fully qualified merchant or equivalent.
- Should any provision of this contract be or become invalid or should the contract be incomplete, the remainder of the contract shall remain unaffected.
The ineffective provision shall be replaced by a provision which comes closest to the meaning and purpose of the ineffective provision in a legally effective manner.
IEM – Industrial Equipment and Machinery GmbH
Phone: 06131 963 107
Fax: 06131 963 109
Managing Director: Ahmad Saadati
Registered at the commercial register Mainz under HRB 5764
Sales tax identification number: DE811921857