About this Site
RS Stepanek KG
Lindenstraße 9
D – 65555 Limburg / Offheim
Telephone: +49 (0)6431 95 82 – 0
Fax: +49 (0)6431 95 82 – 55
Managing Director: Rainer Stepanek
Person responsible for contents in accordance with §6 MDStV/TDG [State Treaty on Media Services / Teleservices Law]: Rainer Stepanek
District Court: Limburg/Lahn
VAT no.: DE 189.967.318
Webdesign & Implementation Pronet-IT www.pronet-it.de
Disclaimer
1. Contents of the Online Offer The author cannot in any way guarantee the information provided is up to date, correct, complete or of appropriate quality. Claims of liability against the author with respect to any sort of material or non-material damage caused through the use or non-use of the information provided here or through the use of incorrect and incomplete information, is expressly excluded, provided that there is no demonstrable fault of an intentional or grossly negligent nature on the part of the author. All offers are non-binding and without obligation. The author expressly reserves the right to modifications, amendments, or cancellations of the offer, in whole or in part, or to the temporary or final discontinuation of this publication without any separate notification.
2. Links and Hyperlinks Where there are direct or indirect references to external websites (“hyperlinks”), which lie beyond the sphere of responsibility of the author, an obligation to assume liability would take effect exclusively in the case of the author having knowledge of the content, and it having been technically feasible and reasonable for him to have prevented its use in the case of it having unlawful content. The author herewith expressly declares that there was no recognisable illegal content of the pages that were to be linked at the time the links were set up. The author does not have any influence on the current or future presentation, the content or the authorship of the linked/connected pages. He therefore explicitly disassociates himself herewith from all the content of all the linked / connected pages that have been changed after links were set up. This statement applies to all links and references made within the author’s own internet offer, as well as to third party entries in guest books, discussion forums and mailing lists set up by the author. The provider of the linked page alone shall be liable for illegal, erroneous or incomplete content, and in particular for damage resulting from the use or non-use of information provided in this way, not the party who merely refers to the respective publication via links.
3. Copyright and Trademark Law The author strives in all publications to heed the copyright regulations for the graphics, audio recordings, video sequences and texts used, and to utilise his own graphics, audio recordings, video sequences and texts, or to have recourse to those graphics, audio recordings, video sequences and texts that do not require a licence. All brands and trademarks mentioned within the internet offer and, if applicable, covered by the protective rights of third parties, shall be subject unrestrictedly to the provisions of the respectively applicable trademark and proprietary rights of the respective registered owners. The mere mention of trademarks must not lead to the conclusion that they are not protected by the rights of third parties! The copyright for any published items produced by the author himself shall remain solely with the author of these pages. Copying or using such graphics, audio recordings, video sequences and texts in other electronic or printed publications is not permitted without the explicit authorisation of the author.
4. Data Protection Where there is the possibility of entering personal or business-related data (e-mail addresses, names, addresses) within the internet site, the disclosure of this data by the user is made explicitly on a voluntary basis. The utilisation of and payment for all services offered, – to the extent that this is technically possible and reasonable – are also permitted without the provision of such data or through the provision of anonymous data or an alias. Use by third parties of the contact data published in the “About this Site” section or in a comparable way – such as postal addresses, telephone and fax numbers and e-mail addresses – for the transmission of information not specifically requested is not permitted. The right to take legal steps against senders of so-called spam e-mails in the event of violations of this ban is expressly reserved.
5. Legal Force of this Disclaimer This disclaimer is to be considered as part of the internet offer from which the link was made to this page. If parts of this text or individual formulations do not comply with, no longer comply with, or do not entirely comply with the valid legal position, this will not affect the content or validity of the remaining parts of the document
Note on ISO certification
The ISO 9001 and ISO 14001 are valid for the default location of Limburg.
General Terms and Conditions of Sale, Delivery and Payment as of August 2013
1. Offers and Conclusion of Agreements
1.1 The order shall only be considered accepted subject to our written confirmation. Until then our offer shall be regarded as non-binding. The effectiveness of any changes, telegraphic or oral amendments or side agreements shall be subject to our written confirmation.
1.2 We shall reserve property rights and copyrights concerning calculations, drawings and other documents, which must not be made available to third parties. Details regarding measurements, weights and services shall only serve as an approximation, provided they are not explicitly described as binding.
1.3 We hereby explicitly reject the terms and conditions of purchase offered by the Buyer. They shall not apply even if we do not reject them again during the conclusion of the Agreement.
2. Prices
2.1 All prices shall be quoted in Euro and ex works plus the current statutory value-added tax and exclusive of packaging. Should any packaging become necessary, it shall be charged at the lowest price and may not be returned to us.
2.2 Should our costs change due to an increase in commodity prices or in the costs for accessoris by up 10 %, prices shall be increased accordingly. The Buyer shall be granted the right to withdraw from the agreement for any increase of more than 10 %.
3. Withdrawal from the Agreement
3.1 Should there be any withdrawal from the agreement for reasons for which the Buyer is responsible, any costs accrued up until the withdrawal shall be borne by the Buyer in full.
4. Delivery times
4.1 Delivery times shall be ex works. We always strive to adhere to agreed-on delivery times, yet may only indicate these times as non-binding for technical reasons. Should delivery times be exceeded, this shall not give the Buyer the right to withdraw from the agreement. We shall not be liable for any damages, provided the delivery times were not exceeded by us intentionally or due to gross negligence, and the same shall apply for any interest accrued on any down-payments made and to be reimbursed by us. A withdrawal shall only be viable if we were notified of said withdrawal not before the last day of the designated delivery time in writing and subject to a grace period. The set grace period shall be at least six weeks from receipt of the letter indicating the grace period. Any letters we receive prior to the expiry of the delivery time shall be considered received on the last day of said grace period.
4.2 Any damage to commodities, disruptions of operations of any kind, particularly strikes, lockouts and other interruptions caused by employees, electricity or other energy outages on our part or on part of our suppliers, which we cannot be made liable for, shall authorize us to extend the indicated delivery period accordingly or to withdraw from the agreement altogether. Should the delivery time be extended for the aforementioned reasons, the Buyer shall have no right to withdraw from the delivery agreement. Claims for damages cannot be asserted in this case either.
4.3 Changes to specifications shall require changes to be made to the delivery time under certain circumstances, without this granting a right to withdraw from the agreement.
4.4 Should the obstruction last for more than three months, the Buyer shall be entitled to withdraw from the agreement with regard to the yet unfulfilled part of the agreement, subject to the observation of a reasonable additional grace period.
4.5 The delivery time Begins:
a) as soon as both parties have reached an agreement on all conditions
b) when we receive any agreed-on advance payments to be made upon receipt of the order confirmation.
5. Shipping and Transfer of Risk
5.1 Upon transferring the goods to the forwarder or carrier, but no later than upon leaving the premises, the risk shall be transferred to the Buyer. We shall reserve the right to choose the means of transportation as well as the delivery route without assuming any liability.
5.2 Any goods reported ready for delivery at the agreed-on date shall be retrieved immediately; otherwise, or if delivery is impossible, we shall reserve the right to store the goods – if necessary outdoors – at our discretion at the expense and at the risk of the Buyer, i.e. without assuming any liability, and invoice them as delivered.
5.3 The Supplier may insure the goods against any transport damage and invoice the insurance premium to the Buyer.
6. Payment Conditions
6.1 All payments shall be made within 10 days after the invoice date including a discount of 2 % or as net payment after 30 days.
6-2 An advance payment of 50 % on the order total shall be made, subject to the value of the order.
6-3 Any invoices related to replacement parts, repairs or assemblies shall be payable net upon receipt.
6.4 The Buyer shall not be entitled to withhold or offset their payments should they raise a claim we have not yet recognized in writing. Offsetting against undisputed claims or claims determined as legally binding shall be permissible.
6-5 Should the payment conditions for previous deliveries not be respected by the Buyer, or should we learn – after having concluded an agreement – of any circumstances which are in our opinion grounds for reducing the creditworthiness of the Buyer, we shall be entitled to only make deliveries against advance payment or provision of security.
7. Retention of title
7.1 The goods shall remain our property until all our claims against the Buyer have been paid in full, even in case payments for any individual claims have already been effected. As long as we have the property right, any pledges or security transfers of the goods shall not be permissible. The Buyer shall immediately notify us in any cases of pledges through a third party.
7.2 For open invoices, the reservation of property rights shall be considered a security for our payment balance claims. The Buyer shall be entitled to sell the goods in the course of ordinary business transactions. The goods may, however, not be sold below the purchase price.
7.3 Any systems and machines delivered by us shall be processed under exclusion of the acquisition of the property pursuant to § 950 of the German Civil Code [BGB] and shall not entail any obligation on our part. The goods shall be subject to a retention of title within these General Terms and Conditions and shall serve as our security in the amount of the invoice value of the goods subject to a retention of title. The goods shall also remain our property should they be connected to other items which are not our property or should they be created by processing new items, whereby the joint title to the property may be granted to us in the latter case.
7.4 Should the goods subject to a retention of title be sold in the course of ordinary business, the paid-for purchase price shall replace the goods. Effective immediately, the Buyer shall assign any and all claims arising from the sale to us. The Buyer shall be authorized to collect said claims for such time as they meet their payment obligations to us. The collected amounts shall be paid to us without delay. An assignment to third parties shall not be permissible.
8. Notice of Defects and Warranty
8.1 We shall assume liability for any defects with regard to our delivery in accordance with the statutory provisions.
8.2 We shall moreover only assume liability for obvious flaws, provided the notice of defect is made within 14 days upon receipt of the goods. This shall not apply for agreements with companies.
8.3 The Buyer shall not be entitled to refuse acceptance of the delivery or payment due to an asserted notice of defect.
8.4 As long as the goods are in the possession of the Buyer, regardless of whether due to a purchase agreement, custody agreement or any other legal relationship, the Buyer shall bear the risk.
9. Disclaimer
9.1 Our liability shall be governed exclusively by the foregoing General Terms and Conditions. Any liability for grossly negligent conduct or intentional misconduct on our part as well as on part of our agents shall remain unaffected. The denseness requirements of the bodiless shut-off devices shall be governed by DIN 19568-4, Table 1, Class 1.
9.2 Should any third parties who are not commissioned by us perform any changes or repairs to the goods, we shall only assume any liability beyond this if the Buyer proves that the defect was not caused by any repair attempts by third parties, but already existed upon delivery of the goods.
9.3 We shall not be made liable for any defects caused by any improper assembly of the goods by the Buyer or by a third party.
9.4 Should the inspection intervals agreed-on as part of the purchase agreement not be adhered to, and should the purchased item malfunction while being used properly, the Buyer shall bear the burden of proof that the defect would also have occurred had the inspection intervals been adhered to, and had any defects thus discovered been remedied immediately, insofar as the Buyer was responsible for the non-adherence to the inspection intervals. The proof of adherence to the inspection intervals may only be supplied by records in the inspection book or maintenance book, which shall be delivered to the Buyer on demand.
9.5 Any liability for building security shall be excluded, as the static properties of the building will not be inspected by us as part of the consultation on flood protection. The Buyer shall be the one responsible for having the static properties properly inspected in connection with implementing the flood protection measures.
10. Place of Performance and Place of Jurisdiction
10.1 The place of performance for delivery and payment shall be the headquarters of our company. The place of jurisdiction shall be Limburg/Lahn.
10.2 These General Terms and Conditions shall be governed exclusively by German law, and foreign law shall not apply.
11. Severability
11.1 Should any individual provisions of these General Terms and Conditions be or become invalid, the remaining provisions shall remain unaffected.
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