{"id":4828,"date":"2022-06-28T15:54:49","date_gmt":"2022-06-28T14:54:49","guid":{"rendered":"http:\/\/i-luminate.host-up.de\/agb\/"},"modified":"2022-07-08T07:00:00","modified_gmt":"2022-07-08T07:00:00","slug":"conditions-of-sale","status":"publish","type":"page","link":"https:\/\/i-luminate.de\/en\/conditions-of-sale\/","title":{"rendered":"Conditions of Sale"},"content":{"rendered":"
<\/div><\/div>

GENRAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF PRONORM EINBAUK\u00dcCHEN GMBH<\/h1><\/div>

for exclu\u00adsive use in rela\u00adtion to com\u00adpa\u00adnies, legal enti\u00adties under pub\u00adlic law and spe\u00adcial funds under pub\u00adlic law.<\/p>\n

I. Gen\u00ader\u00adal information <\/strong><\/p>\n

    \n
  1. These gen\u00ader\u00adal sales and deliv\u00adery con\u00addi\u00adtions (GTC) apply to all our deliv\u00ader\u00adies, ser\u00advices and offers. These GTC are an inte\u00adgral part of all con\u00adtracts we con\u00adclude with our cus\u00adtomer for our deliv\u00ader\u00adies and services.<\/li>\n
  2. These GTC also apply to all future deliv\u00ader\u00adies, ser\u00advices and offers to the cus\u00adtomer, even if they are not agreed upon again separately.<\/li>\n
  3. Uni\u00adlat\u00ader\u00adal adap\u00adta\u00adtions of these GTC by us shall be noti\u00adfied to the cus\u00adtomer in text form with\u00adin the frame\u00adwork of exist\u00ading con\u00adtracts. They shall be deemed to have been approved if the cus\u00adtomer does not object in text form. The objec\u00adtion must be received by us with\u00adin six weeks after the cus\u00adtomer has received the noti\u00adfi\u00adca\u00adtion of adaptation.<\/li>\n
  4. Any terms and con\u00addi\u00adtions of the cus\u00adtomer or third par\u00adties which devi\u00adate from or sup\u00adple\u00adment these GTC shall not apply and shall only become part of the con\u00adtract if and inso\u00adfar as we have agreed to their valid\u00adi\u00adty in text form. This also applies if we car\u00adry out deliv\u00ader\u00adies and ser\u00advices with\u00adout reser\u00adva\u00adtion in the knowl\u00adedge of con\u00adflict\u00ading or devi\u00adat\u00ading terms and con\u00addi\u00adtions of the cus\u00adtomer or third par\u00adties or refer to let\u00adters from the cus\u00adtomer which con\u00adtain or refer to terms and con\u00addi\u00adtions of the cus\u00adtomer or third parties.<\/li>\n
  5. Sup\u00adple\u00adments and\/or amend\u00adments to the con\u00adtracts con\u00adclud\u00aded between us and the cus\u00adtomer on the basis of these GTC as well as these GTC them\u00adselves must be in text form to be effec\u00adtive. With the excep\u00adtion of man\u00adag\u00ading direc\u00adtors and autho\u00adrised sig\u00adna\u00adto\u00adries, our employ\u00adees are not enti\u00adtled to make oral agree\u00adments devi\u00adat\u00ading from this.<\/li>\n
  6. Legal\u00adly rel\u00ade\u00advant dec\u00adla\u00adra\u00adtions and noti\u00adfi\u00adca\u00adtions made or to be made to us by the cus\u00adtomer after con\u00adclu\u00adsion of the con\u00adtract require text form to be valid.<\/li>\n
  7. Promis\u00ades made oral\u00adly by us pri\u00ador to the con\u00adclu\u00adsion of the con\u00adtract and\/or agree\u00adments made by the par\u00adties pri\u00ador to the con\u00adclu\u00adsion of the con\u00adtract shall be replaced by the agree\u00adment made on the basis of these GTC, unless they express\u00adly state that they shall con\u00adtin\u00adue to be bind\u00ading in any case.<\/li>\n<\/ol>\n

    II. Con\u00adclu\u00adsion of contract<\/strong><\/p>\n

      \n
    1. Our offers are sub\u00adject to change and non-binding.<\/li>\n
    2. Orders of the cus\u00adtomer are bind\u00ading and the cus\u00adtomer is bound to his offer for a peri\u00adod of 14 days from receipt of the order by us. Dur\u00ading this peri\u00adod we can accept the cus\u00adtomer\u2019s order by con\u00adfirm\u00ading the order in text form or by deliv\u00ader\u00ading the goods.<\/li>\n
    3. Our prod\u00aduct descrip\u00adtions, draw\u00adings and rep\u00adre\u00adsen\u00adta\u00adtions of the goods and prod\u00aducts, infor\u00adma\u00adtion on tech\u00adni\u00adcal data and oth\u00ader infor\u00adma\u00adtion pro\u00advid\u00aded by us on the goods or on prod\u00aducts and ser\u00advices are only approx\u00adi\u00admate val\u00adues and approx\u00adi\u00admate\u00adly deci\u00adsive, unless the usabil\u00adi\u00adty of the goods or ser\u00advices for the pur\u00adpose of the con\u00adtract requires exact con\u00adfor\u00admi\u00adty. These details and rep\u00adre\u00adsen\u00adta\u00adtions are descrip\u00adtions of the goods or ser\u00advices, but not war\u00adrant\u00aded char\u00adac\u00adter\u00adis\u00adtics. Inso\u00adfar as this does not impair the con\u00adtrac\u00adtu\u00adal\u00adly intend\u00aded usabil\u00adi\u00adty of the goods or ser\u00advices, cus\u00adtom\u00adary devi\u00ada\u00adtions and devi\u00ada\u00adtions due to legal reg\u00adu\u00adla\u00adtions or tech\u00adni\u00adcal improve\u00adments are per\u00admis\u00adsi\u00adble. The replace\u00adment of cer\u00adtain com\u00adpo\u00adnents by oth\u00ader, equiv\u00ada\u00adlent parts is also permitted.<\/li>\n
    4. We reserve all prop\u00ader\u00adty rights, indus\u00adtri\u00adal prop\u00ader\u00adty rights and copy\u00adrights to all sam\u00adples, cal\u00adcu\u00adla\u00adtions, mod\u00adels, offers, cost esti\u00admates and sim\u00adi\u00adlar infor\u00adma\u00adtion of a phys\u00adi\u00adcal and non-phys\u00adi\u00adcal nature \u2014 also in elec\u00adtron\u00adic form. The cus\u00adtomer is not enti\u00adtled to make this infor\u00adma\u00adtion avail\u00adable to third par\u00adties with\u00adout our pri\u00ador con\u00adsent in text form and must return it to us free of charge or, at our dis\u00adcre\u00adtion, destroy it if the con\u00adtract is not concluded.<\/li>\n<\/ol>\n

      III. Pay\u00adment<\/strong><\/p>\n

        \n
      1. Unless oth\u00ader\u00adwise agreed, our prices are ex works plus val\u00adue added tax, in case of deliv\u00adery plus pack\u00adag\u00ading, trans\u00adport, freight. Any cus\u00adtoms duties and\/or oth\u00ader charges shall be borne by the customer.<\/li>\n
      2. Unless oth\u00ader\u00adwise agreed, pay\u00adments are due with\u00adin 14 days of receipt of our invoice by the cus\u00adtomer and deliv\u00adery or accep\u00adtance of the goods or oth\u00ader con\u00adtrac\u00adtu\u00adal due dates.<\/li>\n
      3. The uncon\u00addi\u00adtion\u00adal cred\u00adit\u00ading to our bank account is deci\u00adsive for the time\u00adli\u00adness of payment.<\/li>\n
      4. The cus\u00adtomer shall be in default upon expiry of the pay\u00adment peri\u00adod described above. Dur\u00ading the peri\u00adod of default, the invoice amount affect\u00aded by the default shall be sub\u00adject to inter\u00adest at the statu\u00adto\u00adry default inter\u00adest rate. How\u00adev\u00ader, we reserve the right to assert fur\u00adther dam\u00adages caused by delay, also the claim for inter\u00adest on due date accord\u00ading to \u00a7 353 HGB remains unaffected.<\/li>\n
      5. We are enti\u00adtled to make a deliv\u00adery whol\u00adly or part\u00adly depen\u00addent on pay\u00adment in advance; if we do so, we will declare the cor\u00adre\u00adspond\u00ading reser\u00adva\u00adtion at the lat\u00adest with our order confirmation.<\/li>\n
      6. The cus\u00adtomer is only enti\u00adtled to rights of reten\u00adtion and set-off inso\u00adfar as his coun\u00adter\u00adclaims are undis\u00adput\u00aded or have been legal\u00adly established.<\/li>\n
      7. We are enti\u00adtled to charge rea\u00adson\u00adable advance pay\u00adments for com\u00adplet\u00aded par\u00adtial ser\u00advices. If the cus\u00adtomer does not pay or does not pay on time on an advance invoice, we are enti\u00adtled to make fur\u00adther ful\u00adfil\u00adment of the con\u00adtract depen\u00addent on pay\u00adment of the advance. If the cus\u00adtomer does not pay or does not pay on time on an instal\u00adment invoice, we are also enti\u00adtled to with\u00addraw from the con\u00adtract if we have pre\u00advi\u00adous\u00adly request\u00aded the cus\u00adtomer to pay in text form with\u00adin a rea\u00adson\u00adable peri\u00adod of time. The asser\u00adtion of claims for expens\u00ades and dam\u00adages remains unaffected.<\/li>\n<\/ol>\n

        IV. Ship\u00adment<\/strong><\/p>\n

          \n
        1. Our deliv\u00ader\u00adies are ex works, unless oth\u00ader\u00adwise agreed.<\/li>\n
        2. If we spec\u00adi\u00adfy peri\u00adods or dead\u00adlines for deliv\u00adery, these are non-bind\u00ading approx\u00adi\u00admate val\u00adues unless these peri\u00adods or dead\u00adlines are express\u00adly des\u00adig\u00adnat\u00aded as bind\u00ading or agreed as binding.<\/li>\n
        3. If dis\u00adpatch of the goods to the cus\u00adtomer has been agreed, the time of han\u00addover of the goods to the for\u00adward\u00ading agent, car\u00adri\u00ader or oth\u00ader third par\u00adty com\u00admis\u00adsioned with the trans\u00adport is deci\u00adsive for com\u00adpli\u00adance with the deliv\u00adery peri\u00adods or deliv\u00adery dates. Oth\u00ader\u00adwise, the point in time at which we have noti\u00adfied the cus\u00adtomer that the goods are ready for dis\u00adpatch shall be deci\u00adsive for com\u00adpli\u00adance with deliv\u00adery peri\u00adods or deliv\u00adery dates; if accep\u00adtance is required, this shall be the point in time at which we noti\u00adfy the cus\u00adtomer that the goods are ready for acceptance.<\/li>\n
        4. All deliv\u00adery dates and deliv\u00adery peri\u00adods are sub\u00adject to prop\u00ader and time\u00adly sup\u00adply to our\u00adselves, pro\u00advid\u00aded that we are not respon\u00adsi\u00adble for the delay or incor\u00adrect sup\u00adply to our\u00adselves. We shall inform the cus\u00adtomer imme\u00addi\u00adate\u00adly if there is a threat of delays in deliv\u00adery dates or deliv\u00adery peri\u00adods due to incor\u00adrect or untime\u00adly sup\u00adply to ourselves.<\/li>\n
        5. We are enti\u00adtled to make par\u00adtial deliv\u00ader\u00adies, pro\u00advid\u00aded this is rea\u00adson\u00adable for the cus\u00adtomer, the par\u00adtial deliv\u00adery does not cause him any con\u00adsid\u00ader\u00adable addi\u00adtion\u00adal work or addi\u00adtion\u00adal costs which we do not assume, the deliv\u00adery of the remain\u00ading part of the goods is ensured and a par\u00adtial deliv\u00adery can be used by the cus\u00adtomer tak\u00ading into account the pur\u00adpose of the contract.<\/li>\n
        6. We shall not be liable for delays in deliv\u00adery or the impos\u00adsi\u00adbil\u00adi\u00adty of deliv\u00adery caused by force majeure or oth\u00ader events which were not fore\u00adsee\u00adable by us at the time the con\u00adtract was con\u00adclud\u00aded and for which we are not respon\u00adsi\u00adble (e.g. labour dis\u00adputes, short\u00adage of raw mate\u00adri\u00adals, oper\u00ada\u00adtional dis\u00adrup\u00adtions through no fault of our own). If the deliv\u00adery becomes impos\u00adsi\u00adble for us due to such events or due to force majeure or if it becomes unrea\u00adson\u00adably dif\u00adfi\u00adcult, tak\u00ading into account the val\u00adue of the goods, we are enti\u00adtled to with\u00addraw from the con\u00adtract. If we are only tem\u00adporar\u00adi\u00adly pre\u00advent\u00aded from deliv\u00ader\u00ading as a result of such events or force majeure, the deliv\u00adery dates or deliv\u00adery peri\u00adods shall be post\u00adponed by the peri\u00adod dur\u00ading which the imped\u00adi\u00adment to per\u00adfor\u00admance exists, but plus a start-up peri\u00adod of one week. In this case, the cus\u00adtomer is enti\u00adtled to with\u00addraw from the con\u00adtract if he can\u00adnot rea\u00adson\u00adably be expect\u00aded to accept the delayed deliv\u00adery and if he informs us imme\u00addi\u00adate\u00adly in text form after we have informed him of the imped\u00adi\u00adment to per\u00adfor\u00admance, which we are oblig\u00aded to do imme\u00addi\u00adate\u00adly after the imped\u00adi\u00adment to per\u00adfor\u00admance becomes appar\u00adent. The right of the cus\u00adtomer to with\u00addraw from the con\u00adtract in the event of impos\u00adsi\u00adbil\u00adi\u00adty of per\u00adfor\u00admance under the statu\u00adto\u00adry con\u00addi\u00adtions remains unaffected.<\/li>\n
        7. The statu\u00adto\u00adry pro\u00advi\u00adsions shall apply to the exis\u00adtence of a delay in deliv\u00adery on our part, how\u00adev\u00ader, a reminder from the cus\u00adtomer in text form is required in any case for the occur\u00adrence of a delay in deliv\u00adery, unless we have seri\u00adous\u00adly and final\u00adly refused delivery.<\/li>\n
        8. If our deliv\u00adery is delayed for rea\u00adsons for which the cus\u00adtomer is respon\u00adsi\u00adble (e.g. if the cus\u00adtomer fails to per\u00adform an act of coop\u00ader\u00ada\u00adtion owed by him or per\u00adforms it late) or if the cus\u00adtomer is in default of accep\u00adtance, we shall be enti\u00adtled to demand com\u00adpen\u00adsa\u00adtion from the cus\u00adtomer for expens\u00ades and\/or dam\u00adages incurred by us as a result. We are there\u00adfore enti\u00adtled to demand a flat-rate com\u00adpen\u00adsa\u00adtion from the cus\u00adtomer in the amount of 0.25% of the val\u00adue of the goods per cal\u00aden\u00addar day, begin\u00adning on the day after the agreed deliv\u00adery date or the noti\u00adfi\u00adca\u00adtion of readi\u00adness for dis\u00adpatch or accep\u00adtance by us, if no deliv\u00adery date has been agreed, but not exceed\u00ading a total of 5% of the val\u00adue of the goods. How\u00adev\u00ader, this flat-rate com\u00adpen\u00adsa\u00adtion shall not apply if the cus\u00adtomer proves that we have actu\u00adal\u00adly suf\u00adfered a sub\u00adstan\u00adtial\u00adly low\u00ader loss or no loss at all. Our fur\u00adther legal rights and the proof of high\u00ader dam\u00adages remain unaf\u00adfect\u00aded. In any case, the lump-sum com\u00adpen\u00adsa\u00adtion shall be set off against our fur\u00adther claims.<\/li>\n
        9. The risk of acci\u00adden\u00adtal loss and\/or acci\u00adden\u00adtal dete\u00adri\u00ado\u00adra\u00adtion of the goods shall pass to the cus\u00adtomer upon exe\u00adcu\u00adtion of the deliv\u00adery or ser\u00advice, unless oth\u00ader\u00adwise agreed. If the dis\u00adpatch of the goods has been agreed, the risk of acci\u00adden\u00adtal loss and\/or acci\u00adden\u00adtal dete\u00adri\u00ado\u00adra\u00adtion shall pass to the cus\u00adtomer upon han\u00addover of the goods to the for\u00adwarder, car\u00adri\u00ader or oth\u00ader per\u00adson des\u00adig\u00adnat\u00aded to car\u00adry out the dis\u00adpatch. This shall also apply if par\u00adtial deliv\u00ader\u00adies are made or we owe fur\u00adther ser\u00advices (such as com\u00admis\u00adsion\u00ading or installation).<\/li>\n
        10. We are enti\u00adtled to com\u00admis\u00adsion sub\u00adcon\u00adtrac\u00adtors to ful\u00adfil our exist\u00ading con\u00adtrac\u00adtu\u00adal oblig\u00ada\u00adtions towards the customer.<\/li>\n<\/ol>\n

          V. Reten\u00adtion of title <\/strong><\/p>\n

            \n
          1.  <\/strong>The goods shall remain our prop\u00ader\u00adty until all claims we are enti\u00adtled to against the cus\u00adtomer under the con\u00adtract on which the deliv\u00adery is based have been ful\u00adfilled in full.<\/li>\n
          2. The cus\u00adtomer is oblig\u00aded to treat the goods deliv\u00adered to him under reten\u00adtion of title with care and to insure them at his expense against fire and water dam\u00adage and against theft at replace\u00adment value.<\/li>\n
          3. The cus\u00adtomer may not pledge the goods deliv\u00adered under reten\u00adtion of title to third par\u00adties or assign them as secu\u00adri\u00adty as long as our claim secured by the reten\u00adtion of title has not been set\u00adtled. If third par\u00adties seize the goods deliv\u00adered under reten\u00adtion of title or if oth\u00ader access to these goods is made by third par\u00adties, the cus\u00adtomer is oblig\u00aded to inform these third par\u00adties of our own\u00ader\u00adship and to inform us imme\u00addi\u00adate\u00adly in text form. Nec\u00ades\u00adsary costs which we have to bear with\u00adin the scope of the extra\u00adju\u00addi\u00adcial and judi\u00adcial asser\u00adtion of our prop\u00ader\u00adty rights against the third par\u00adty shall be reim\u00adbursed to us by the cus\u00adtomer, unless they are reim\u00adbursed by the third party.<\/li>\n
          4. We are enti\u00adtled to take back the goods deliv\u00adered under reser\u00adva\u00adtion of title after we have set the cus\u00adtomer a rea\u00adson\u00adable dead\u00adline for per\u00adfor\u00admance and this dead\u00adline has expired fruit\u00adless\u00adly if the cus\u00adtomer fails to meet due pay\u00adment oblig\u00ada\u00adtions or fails to meet them on time. In this case the cus\u00adtomer shall bear the trans\u00adport costs incurred for the return. If we take back goods deliv\u00adered under reten\u00adtion of title, this shall con\u00adsti\u00adtute a with\u00addraw\u00adal from the con\u00adtract; this shall also apply if we seize the goods deliv\u00adered under reten\u00adtion of title.<\/li>\n
          5. The cus\u00adtomer may use, resell and\/or process the goods deliv\u00adered under reten\u00adtion of title in the ordi\u00adnary course of busi\u00adness. Regard\u00ading this, the fol\u00adlow\u00ading applies in addition:<\/li>\n<\/ol>\n

            -      The cus\u00adtomer already now assigns to us the claims result\u00ading from the resale of the goods deliv\u00adered under reten\u00adtion of title as well as those claims in rela\u00adtion to the goods deliv\u00adered under reten\u00adtion of title which he is enti\u00adtled to or will be enti\u00adtled to in the future against his cus\u00adtomer or oth\u00ader third par\u00adties for oth\u00ader rea\u00adsons (e.g. claims from insur\u00adance ben\u00ade\u00adfits or tort); we accept this assignment.<\/p>\n

            -      The cus\u00adtomer him\u00adself remains autho\u00adrised to col\u00adlect the above-men\u00adtioned claims and we under\u00adtake not to col\u00adlect these claims our\u00adselves as long as the cus\u00adtomer ful\u00adfils his con\u00adtrac\u00adtu\u00adal oblig\u00ada\u00adtions towards us, in par\u00adtic\u00adu\u00adlar is not in default of pay\u00adment, no appli\u00adca\u00adtion is made for the open\u00ading of insol\u00adven\u00adcy pro\u00adceed\u00adings against the cus\u00adtomer\u2019s assets and there are no oth\u00ader defects in his abil\u00adi\u00adty to pay which jeop\u00adar\u00addise our claim to remu\u00adner\u00ada\u00adtion. If such a case occurs, how\u00adev\u00ader, the cus\u00adtomer is oblig\u00aded to inform his debtors of the assign\u00adment and to name his debtors to us as well as to pro\u00advide all infor\u00adma\u00adtion nec\u00ades\u00adsary for the col\u00adlec\u00adtion of these assigned claims and to hand over to us the cor\u00adre\u00adspond\u00ading documents.<\/p>\n

            -      Any pro\u00adcess\u00ading or trans\u00adfor\u00adma\u00adtion of the goods deliv\u00adered to the cus\u00adtomer under reser\u00adva\u00adtion of title shall always be car\u00adried out for us. If the goods deliv\u00adered under reten\u00adtion of title are processed with items that are not our prop\u00ader\u00adty, we shall acquire co-own\u00ader\u00adship of the new\u00adly cre\u00adat\u00aded item in the ratio of the val\u00adue of the goods deliv\u00adered to the cus\u00adtomer under reten\u00adtion of title (invoice amount includ\u00ading VAT) to the oth\u00ader processed items at the time of pro\u00adcess\u00ading. The same applies to the new object cre\u00adat\u00aded as a result of pro\u00adcess\u00ading as to the goods deliv\u00adered to the cus\u00adtomer under reten\u00adtion of title.<\/p>\n

            -      In the event of insep\u00ada\u00adra\u00adble con\u00adnec\u00adtion or mix\u00ading of the goods deliv\u00adered to the cus\u00adtomer under reser\u00adva\u00adtion of title with items that are not our prop\u00ader\u00adty, we shall acquire co-own\u00ader\u00adship of the new item cre\u00adat\u00aded by con\u00adnec\u00adtion or mix\u00ading in the ratio of the val\u00adue of the goods deliv\u00adered under reser\u00adva\u00adtion of title (invoice amount includ\u00ading VAT) to the oth\u00ader con\u00adnect\u00aded or mixed items at the time of con\u00adnec\u00adtion or mix\u00ading. If the com\u00adbi\u00adna\u00adtion or mix\u00ading is car\u00adried out in such a way that the item not owned by us is to be regard\u00aded as the main item, the cus\u00adtomer here\u00adby assigns to us the pro\u00adpor\u00adtion\u00adal co-own\u00ader\u00adship of the new\u00adly cre\u00adat\u00aded item and we accept this assignment.<\/p>\n

            -      Inso\u00adfar as we acquire co- or sole own\u00ader\u00adship of a new\u00adly cre\u00adat\u00aded object, the cus\u00adtomer shall hold this in safe\u00adkeep\u00ading for us. At the cus\u00adtomer\u2019s request, we shall release secu\u00adri\u00adties of our choice if the real\u00adis\u00adable val\u00adue of the secu\u00adri\u00adties exceeds our claims by more than 10%.<\/p>\n

            VI. War\u00adran\u00adty<\/strong><\/p>\n

              \n
            1. The cus\u00adtomer is oblig\u00aded to care\u00adful\u00adly inspect the goods imme\u00addi\u00adate\u00adly after deliv\u00adery and to report defects in writ\u00ading imme\u00addi\u00adate\u00adly after their dis\u00adcov\u00adery. With regard to obvi\u00adous defects or such defects that would have been recog\u00adnis\u00adable with imme\u00addi\u00adate, care\u00adful exam\u00adi\u00adna\u00adtion, the goods shall be deemed to have been approved by the cus\u00adtomer if he does not give us writ\u00adten notice of these defects with\u00adin 7 work\u00ading days of the trans\u00adfer of risk. With regard to oth\u00ader defects, the goods shall be deemed to have been approved by the cus\u00adtomer if the cus\u00adtomer does not noti\u00adfy us of the defect in text form with\u00adin 7 work\u00ading days after dis\u00adcov\u00adery of the defect. How\u00adev\u00ader, if the defect was already recog\u00adnis\u00adable to the cus\u00adtomer at an ear\u00adli\u00ader point in time dur\u00ading nor\u00admal use of the goods, this ear\u00adli\u00ader point in time shall be deci\u00adsive for the start of the peri\u00adod for lodg\u00ading a complaint.<\/li>\n
            2. If the goods or ser\u00advices are defec\u00adtive, we may choose the type of sub\u00adse\u00adquent per\u00adfor\u00admance. The right to refuse sub\u00adse\u00adquent per\u00adfor\u00admance in accor\u00addance with the legal require\u00adments remains unaf\u00adfect\u00aded. The sub\u00adse\u00adquent per\u00adfor\u00admance owed by us does not include the removal of the defec\u00adtive item and the rein\u00adstal\u00adla\u00adtion of a defect-free item, if we were not orig\u00adi\u00adnal\u00adly oblig\u00aded to install it.<\/li>\n
            3. We are enti\u00adtled to make sub\u00adse\u00adquent per\u00adfor\u00admance depen\u00addent on the pay\u00adment of the pur\u00adchase price. How\u00adev\u00ader, the cus\u00adtomer is enti\u00adtled to retain a rea\u00adson\u00adable part of the price in rela\u00adtion to the defect.<\/li>\n
            4. If the goods or ser\u00advices are defec\u00adtive, we shall bear the costs of sub\u00adse\u00adquent per\u00adfor\u00admance. If the cus\u00adtomer\u2019s demand for the removal of defects turns out to be unjus\u00adti\u00adfied in ret\u00adro\u00adspect, we can demand com\u00adpen\u00adsa\u00adtion from the cus\u00adtomer for the costs incurred due to the unjus\u00adti\u00adfied demand for the removal of defects.<\/li>\n
            5. If and inso\u00adfar as the cus\u00adtomer mod\u00adi\u00adfies the goods or has them mod\u00adi\u00adfied by third par\u00adties with\u00adout our con\u00adsent and if this makes it impos\u00adsi\u00adble or unrea\u00adson\u00adably dif\u00adfi\u00adcult for us to rec\u00adti\u00adfy the defect, the cus\u00adtomer\u2019s war\u00adran\u00adty rights shall lapse. If such changes to the goods result in addi\u00adtion\u00adal costs for the removal of the defect, the cus\u00adtomer shall reim\u00adburse us for these addi\u00adtion\u00adal costs.<\/li>\n
            6. If the defec\u00adtive\u00adness of a com\u00adpo\u00adnent of anoth\u00ader man\u00adu\u00adfac\u00adtur\u00ader used by us leads to the defec\u00adtive\u00adness of our goods or ser\u00advices and if we can\u00adnot rem\u00ade\u00addy this defec\u00adtive\u00adness for legal and\/or fac\u00adtu\u00adal rea\u00adsons, we can assign to the cus\u00adtomer the claims for defects to which we are enti\u00adtled on our side against the third man\u00adu\u00adfac\u00adtur\u00ader; in this case, war\u00adran\u00adty claims of the cus\u00adtomer against us exist only and only to the extent that the legal enforce\u00adment of the claims for defects against the third man\u00adu\u00adfac\u00adtur\u00ader assigned to the cus\u00adtomer was unsuc\u00adcess\u00adful or is futile. For the dura\u00adtion of the cus\u00adtomer\u2019s claim against the third par\u00adty man\u00adu\u00adfac\u00adtur\u00ader, the lim\u00adi\u00adta\u00adtion of the cus\u00adtomer\u2019s war\u00adran\u00adty claims against us is suspended.<\/li>\n
            7. The cus\u00adtomer is oblig\u00aded to inform us imme\u00addi\u00adate\u00adly if third par\u00adties assert claims against him in rela\u00adtion to our goods or ser\u00advices on account of the infringe\u00adment of indus\u00adtri\u00adal prop\u00ader\u00adty rights or copy\u00adrights. If the goods vio\u00adlate an indus\u00adtri\u00adal prop\u00ader\u00adty right or copy\u00adright of a third par\u00adty and the respon\u00adsi\u00adbil\u00adi\u00adty for this does not lie with the cus\u00adtomer (exam\u00adple for cus\u00adtomers\u2019 respon\u00adsi\u00adbil\u00adi\u00adty: the goods have been man\u00adu\u00adfac\u00adtured accord\u00ading to his spec\u00adi\u00adfi\u00adca\u00adtions), we shall, at our dis\u00adcre\u00adtion, either mod\u00adi\u00adfy or exchange the goods in such a way that the rights of third par\u00adties are no longer vio\u00adlat\u00aded, but the goods nev\u00ader\u00adthe\u00adless con\u00adtin\u00adue to com\u00adply with the con\u00adtrac\u00adtu\u00adal\u00adly agreed qual\u00adi\u00adty, or pro\u00adcure the right of use for the cus\u00adtomer. If we do not suc\u00adceed in doing so with\u00adin a rea\u00adson\u00adable peri\u00adod of time, both the cus\u00adtomer and we shall be enti\u00adtled to with\u00addraw from the contract.<\/li>\n
            8. If the prod\u00aducts are man\u00adu\u00adfac\u00adtured accord\u00ading to the cus\u00adtomer\u2019s draw\u00ading, we shall only be liable for com\u00adpli\u00adance with the drawing.<\/li>\n
            9. Oth\u00ader\u00adwise, the cus\u00adtomer\u2019s war\u00adran\u00adty claims shall be deter\u00admined in accor\u00addance with the statu\u00adto\u00adry provisions.<\/li>\n
            10. If the goods are free of defects in the rela\u00adtion\u00adship between us and our cus\u00adtomer, we shall not be liable for defects in the rela\u00adtion\u00adship between our cus\u00adtomer and his cus\u00adtomer due to a devi\u00ada\u00adtion of the prod\u00aduct from the objec\u00adtive require\u00adments. Our cus\u00adtomer shall deter\u00admine qual\u00adi\u00adty agree\u00adments between him and us, which may lead to a devi\u00ada\u00adtion of the prod\u00aduct from the objec\u00adtive require\u00adments in the rela\u00adtion\u00adship with his cus-tomer, by inde\u00adpen\u00addent and sep\u00ada\u00adrate agree\u00adment with his customer.<\/li>\n<\/ol>\n

              VII.  Lia\u00adbil\u00adi\u00adty<\/strong><\/p>\n

                \n
              1. We shall only be liable for dam\u00adages \u2014 irre\u00adspec\u00adtive of the legal grounds \u2014 in the event of intent and gross neg\u00adli\u00adgence. In the case of sim\u00adple neg\u00adli\u00adgence, we shall only be liable<\/li>\n<\/ol>\n

                -      for dam\u00adages result\u00ading from injury to life, body or health,<\/p>\n

                -      for dam\u00adages result\u00ading from the breach of an essen\u00adtial con\u00adtrac\u00adtu\u00adal oblig\u00ada\u00adtion (oblig\u00ada\u00adtions the ful\u00adfil\u00adment of which makes the prop\u00ader exe\u00adcu\u00adtion of the con\u00adtract pos\u00adsi\u00adble at all and on whose ful\u00adfil\u00adment the cus\u00adtomer reg\u00adu\u00adlar\u00adly relies on and may rely on), where\u00adby the lia\u00adbil\u00adi\u00adty in this case is lim\u00adit\u00aded to the replace\u00adment of the fore\u00adsee\u00adable, typ\u00adi\u00adcal\u00adly occur\u00adring damage<\/p>\n

                2. The above lim\u00adi\u00adta\u00adtion of lia\u00adbil\u00adi\u00adty shall not apply to claims of the cus\u00adtomer under the Prod\u00aduct Lia\u00adbil\u00adi\u00adty Act and to the extent that we are legal\u00adly com\u00adpul\u00adso\u00adri\u00adly liable or have fraud\u00adu\u00adlent\u00adly con\u00adcealed a defect or have assumed a guar\u00adan\u00adtee for the qual\u00adi\u00adty of the goods.<\/p>\n

                3. A free right of ter\u00admi\u00adna\u00adtion by the cus\u00adtomer (espe\u00adcial\u00adly accord\u00ading to \u00a7\u00a7 651, 649 BGB) is exclud\u00aded. The cus\u00adtomer may only with\u00addraw or ter\u00admi\u00adnate due to a breach of duty on our part which does not con\u00adsist of a defect if we are respon\u00adsi\u00adble for this breach of duty.<\/p>\n

                VIII. Applic\u00ada\u00adble law and place of jurisdiction<\/strong><\/p>\n

                  \n
                1.  <\/strong>The legal rela\u00adtions between us and the cus\u00adtomer are sub\u00adject to the law of the Fed\u00ader\u00adal Repub\u00adlic of Ger\u00admany, which applies to the legal rela\u00adtions between domes\u00adtic con\u00adtrac\u00adtu\u00adal part\u00adners with\u00adin the Fed\u00ader\u00adal Repub\u00adlic of Ger\u00admany. The Con\u00adven\u00adtion on the Inter\u00adna\u00adtion\u00adal Sale of Goods (UN Sales Con\u00adven\u00adtion) is excluded.<\/li>\n
                2. The exclu\u00adsive place of juris\u00addic\u00adtion for all dis\u00adputes aris\u00ading from or in con\u00adnec\u00adtion with the con\u00adtrac\u00adtu\u00adal rela\u00adtion\u00adship between us and the cus\u00adtomer is our reg\u00adis\u00adtered office in Vlotho (Biele\u00adfeld dis\u00adtrict court). Manda\u00adto\u00adry statu\u00adto\u00adry pro\u00advi\u00adsions on exclu\u00adsive places of juris\u00addic\u00adtion shall remain unaffected.<\/li>\n<\/ol>\n

                  Last update: July 2020<\/strong><\/p>\n

                  pronorm Ein\u00adbauk\u00fcchen GmbH
                  \n<\/strong>H\u00f6fer\u00adfeld 5\u20137
                  \n<\/strong>32602 Vlotho<\/strong><\/p>\n<\/div><\/div><\/div><\/div><\/div>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"100-width.php","meta":{"wp_typography_post_enhancements_disabled":false,"footnotes":""},"class_list":["post-4828","page","type-page","status-publish","hentry"],"yoast_head":"\nConditions of Sale - i-luminate<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/i-luminate.de\/en\/conditions-of-sale\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Conditions of Sale\" \/>\n<meta property=\"og:url\" content=\"https:\/\/i-luminate.de\/en\/conditions-of-sale\/\" \/>\n<meta property=\"og:site_name\" content=\"i-luminate\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/iluminate.lightupyourkitchen\/\" \/>\n<meta property=\"article:modified_time\" content=\"2022-07-08T07:00:00+00:00\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data1\" content=\"5 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/i-luminate.de\\\/en\\\/conditions-of-sale\\\/\",\"url\":\"https:\\\/\\\/i-luminate.de\\\/en\\\/conditions-of-sale\\\/\",\"name\":\"Conditions of Sale - 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