1. Our following business conditions apply to all deliveries and performances unless other conditions were agreed upon in writing.
2. Our quotations are subject to alterations. Only after receipt of the written confirmation of order, the contract is regarded as concluded. The contract comes into force even without written order confirmation if the delivery is accepted by the customer under the present business conditions. Promised properties must be agreed upon in writing. Differences from the description given in the quotation are considered approved and do not affect the compliance with the contract if the difference is reasonable for the customer to be accepted. In this context, particularly such modifications are regarded as agreed which improve the product and adapt it to the latest state-of-the-art and state of production.
3. Delivery delays are only liable if agreed in writing. Part deliveries are admissible. In case we are delayed, the customer is entitled to adequately extend the period stipulated and, after its fruitless expiry, to withdraw from the contract. There are no claims for default possible.
4. The legal sales tax is not included in the prices agreed. The valid sales tax is separately indicated in the invoice. A discount may only be deducted after special written agreement.
5. All deliveries travel at the customer’s risk regardless whether the goods are supplied carriage free or unstamped. If the transport is performed by ourselves, we are free to choose the way and the means of transport, as well as the freight carrier.
6. Extended and advanced retention of title: the products shall remain our property until all claims, including claims arising in future, against the customer have been satisfied. The customer shall be entitled to resell the delivered item in the normal course of business. The customer already now assigns to us all claims in the sum of the invoiced amount that accrue to it against a third party as a result of reselling. We accept the assignment. Following the assignment of claims the customer shall be authorised to collect accounts receivable. We reserve the right to collect accounts receivable ourselves once the customer fails to duly meet its obligations to pay and defaults on payment. If the merchandise delivered is connected to real estate, the customer assigns to us as security the claim that accrues to it against a third by virtue of the connection.
   The customer shall be entitled to make dispositions such as pledging and transferring ownership by way of security only according to a separate agreement.
7. All documents made available by us, such as quotations, descriptions, drawings, and measuring reports, etc., are subject to our ownership and copyright. If not otherwise stipulated in the agreement, the documents elaborated by us may not be handed over or disclosed to thirds. The knowledge and ideas contained in our documents, sketches and drawings may not be used any further without our express, written approval.
8. The customer’s rights of warranty require that the customer controls the goods right upon delivery and, in case of fault, informs the vendor, immediately. Excluded from the warranty are wear due to use, damages due to wrong handling, excessive loads, inadequate service conditions or means of production and deficient assembly conditions. If not otherwise agreed, the warranty for our products covers 12 months beginning with the transition of risk.
   Basically excluded are any effects caused by indirect paths of sound transmission, influences by other sound sources or other influences which are not derivable from the operational data. A professional processing and treatment as well as the use of faultless material are guaranteed. We are liable for our products if they are exposed to loads under normal service conditions which result from the operational data. Higher mechanical or chemical loads are only accepted if they were known when submitting the quotation and confirmed in writing. We reserve the right to decide whether we fulfil our liability either by retouching or by replacing. Should we are not prepared or not in a position to repair the defects or to replace the product delivered, particularly if such actions were delayed beyond an acceptable term due to our fault, or if they failed for other reasons, the customer is entitled to choose if he demands a change (cancellation of the contract) or a corresponding lowering of the price (reduction).
9. We are held responsible within the scope of our planning liability insurance. The liability covers injury to persons and damage to properties. The liability sum is limited to the value of the order.
10. For contracts with businessmen fully qualified in commerce, Munich shall be the place of fulfilment as well as the court of jurisdiction, including bill or cheque suits, with the proviso that we are also entitled to institute proceedings against the customer at the place of his headquarters or of a branch.
11. The contracts concluded with us are subject to German legislation. In case one of the stipulations of these conditions becomes totally or partially void, the validity of the remaining conditions shall not be affected.

BBM Akustik Technologie GmbH

Business Conditions