{"id":1367,"date":"2024-06-12T13:17:42","date_gmt":"2024-06-12T13:17:42","guid":{"rendered":"https:\/\/relaunch.insevis.de\/?page_id=1367"},"modified":"2024-10-25T08:28:16","modified_gmt":"2024-10-25T08:28:16","slug":"agb","status":"publish","type":"page","link":"https:\/\/www.insevis.de\/en\/agb\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"<h1 style=\"text-align: center;\">General terms and conditions of business<\/h1>\n<h1 style=\"text-align: center;\">of INSEVIS Vertriebs GmbH<\/h1>\n<h2 style=\"\"><span style=\"font-size: 28px !important;\">1. General<\/span>1.1) The following General Terms and Conditions apply to all orders, deliveries, and services (hereinafter referred to as &quot;Deliveries&quot;), including future orders, unless expressly agreed otherwise in the contract. 1.2) Conflicting terms and conditions of contractual partners, in the event of deviations, additions, etc., are hereby expressly rejected. The terms and conditions of the contractual partners are excluded unless they are expressly agreed to in writing. 1.3) The following terms and conditions apply exclusively to orders from and deliveries to &quot;entrepreneurs&quot; within the meaning of Section 310 (1) in conjunction with Section 14 of the German Civil Code (BGB), and not to &quot;consumers&quot; within the meaning of Section 13 of the German Civil Code (BGB).<\/h2>\n<h2><span style=\"font-size: 28px !important;\">2. Scope of deliveries and partial deliveries<\/span>2.1) The scope of delivery, etc., is based on the order or the order confirmation from INSEVIS Vertriebs GmbH. 2.2) INSEVIS Vertriebs GmbH reserves all ownership and copyright exploitation rights to offers, cost estimates, drawings, circuit diagrams, samples, software, and other documents. These may only be made accessible to third parties with the prior written consent of INSEVIS Vertriebs GmbH, whereby the customer must ensure that they are not passed on to third parties. All documents must be returned immediately upon request if the order is not placed with INSEVIS Vertriebs GmbH. 2.3) INSEVIS Vertriebs GmbH is entitled to make partial deliveries, provided this is reasonable for the customer.<\/h2>\n<h2><span style=\"font-size: 28px !important;\">3. Delivery time, deadlines, right of retention<\/span>3.1) Delivery dates and deadlines are non-binding for INSEVIS Vertriebs GmbH unless they have been expressly contractually agreed as binding. If delays are apparent, INSEVIS Vertriebs GmbH undertakes to notify the contractual partner as soon as possible. 3.2) All delivery dates are subject to correct and timely self-delivery. Disruptions to INSEVIS Vertriebs GmbH&#039;s own business operations or those of its suppliers for which INSEVIS Vertriebs GmbH is not responsible, in particular strikes and lockouts, as well as cases of force majeure resulting from an unforeseeable and unavoidable event or the consequences of armed conflict, shall extend the agreed delivery period accordingly. If performance becomes impossible or significantly more difficult for INSEVISVertriebs GmbH as a result, INSEVISVertriebs GmbH may withdraw from the contract in whole or in part. 3.3) The customer is entitled to withdraw from the contract after receiving a written reminder for delivery and if INSEVISVertriebs GmbH does not deliver within a reasonable grace period to be set by the customer. 3.4) Compliance with an expressly agreed delivery deadline requires that all documents, necessary permits, approvals, etc. to be provided by the contractual partner are available, that the plans have been clarified and approved in a timely manner, and that the agreed payment terms and other obligations are met by the contractual partner. 3.5) In cases where outstanding claims from previous deliveries or services have not been settled by the contractual partner, INSEVIS Vertriebs GmbH is entitled to exercise its right of retention, even if a contractually agreed delivery time has been agreed. 3.6) The delivery deadline is deemed to have been met if the operational consignment has been dispatched within the agreed delivery or service period.<\/h2>\n<h2><span style=\"font-size: 28px !important;\">4. Payment terms, offsetting terms, retention rights<\/span>4.1) The prices of INSEVIS Vertriebs GmbH are net prices ex works. All costs for shipping ex works, packaging, transport insurance, etc. are charged separately. VAT is charged separately. 4.2) Set-off by the contractual partner is only permitted with undisputed or legally established claims, as is a right of retention.<\/h2>\n<h2><\/h2>\n<h2><span style=\"font-size: 28px !important;\">5. Transfer of risk<\/span>5.1) The risk shall pass to the customer, even in the case of freight-free delivery, replacement deliveries, and repairs, as soon as INSEVIS Vertriebs GmbH has handed over the goods to the forwarding agent, carrier, person designated for dispatch, or the person collecting the goods. 5.2) In the case of returns by the customer to INSEVIS Vertriebs GmbH, the customer shall bear the risk until the goods are handed over to the business premises of INSEVIS Vertriebs GmbH, as well as the freight costs.<\/h2>\n<h2><\/h2>\n<h2><span style=\"font-size: 28px !important;\">6. Retention of title<\/span>6.1) All deliveries\/services of NSEVIS Vertriebs GmbH are subject exclusively to retention of title, even if INSEVIS Vertriebs GmbH has not expressly invoked this. 6.2) Delivered goods remain the property of INSEVIS Vertriebs GmbH until all claims against the customer arising from the mutual business relationship have been fulfilled. Before full payment, the customer is generally prohibited from pledging, transferring ownership by way of security, or reselling the goods. 6.3) The customer is obligated, as long as ownership has not yet been transferred to him, to treat the purchased item with care and to store it carefully; in particular, he is obligated to adequately insure it against theft and damage at his own expense. 6.4) If the (co-)ownership of INSEVIS Vertriebs GmbH expires through combination, mixing, or processing, it is hereby agreed that the buyer&#039;s ownership of the unified item shall pass to INSEVIS Vertriebs GmbH in proportion to its value, based on the invoice value. 6.5) As long as ownership has not yet been transferred to the customer, the customer must immediately notify INSEVIS Vertriebs GmbH in writing of any threat to ownership due to threatened or actual seizure, retention, enforcement measures, insolvency, or if the property is exposed to other interventions by third parties, etc. In the event of enforcement and insolvency, the ownership of INSEVIS Vertriebs GmbH must be immediately indicated. 6.6) The customer is entitled to resell the reserved goods in the ordinary course of business. The customer hereby assigns to INSEVIS Vertriebs GmbH any claims, etc., arising from the resale of the reserved goods in the amount of the invoiced amount, including VAT, and INSEVIS Vertriebs GmbH accepts this assignment. INSEVIS Vertriebs GmbH&#039;s authority to collect the claim itself remains unaffected.<\/h2>\n<h2><\/h2>\n<h2><span style=\"font-size: 28px !important;\">7. Claims for damages, contractual penalty<\/span>7.1) Any liability of INSEVIS Vertriebs GmbH, in particular claims for damages and reimbursement of expenses by the contractual partner, is excluded. This applies in particular in the event of non-performance or improper performance and for liability for consequential or indirect damages. This does not apply unless expressly agreed otherwise in writing or an exclusion of liability is not permitted by law, e.g., in cases of intent, gross negligence, or injury to life, health, or body in the case of liability under the Product Liability Act. 7.2) Any liability of INSEVIS Vertriebs GmbH upon conclusion of the contract is expressly waived, and INSEVIS Vertriebs GmbH accepts this waiver. 7.3) Contractual penalties are excluded unless expressly agreed otherwise in writing.<\/h2>\n<h2><\/h2>\n<h2><span style=\"font-size: 28px !important;\">8. Limitation period, suspension<\/span>The limitation period for warranty claims and other claims against INSEVIS Vertriebs GmbH is only twelve months for periods longer than one year. In the case of shorter statutory or agreed limitation periods, the shorter limitation period shall apply. The shortening of the limitation period shall not apply if this is excluded by law, in particular in the case of fraudulent concealment of a defect. The statutory provisions regarding suspension of the expiration, suspension, and recommencement of periods remain unaffected. Settlement negotiations shall be deemed terminated if INSEVIS Vertriebs GmbH does not respond in writing to a letter from the contractual partner for more than eight weeks.<\/h2>\n<h2><\/h2>\n<h2><span style=\"font-size: 28px !important;\">9. Warranty<\/span>9.1) A guarantee exceeding the statutory warranty provisions is only granted with an express written assurance. 9.2) INSEVIS Vertriebs GmbH provides a warranty for the delivered goods in accordance with the statutory provisions. The warranty period begins upon delivery of the goods. The customer must inspect the goods immediately after delivery by INSEVIS Vertriebs GmbH. Any defects, the lack of guaranteed properties, transport damage, shortages, and incorrect deliveries, etc., must be reported to INSEVIS Vertriebs GmbH in writing immediately upon receipt of the delivery, with any processing or handling immediately ceasing. Any hidden defects must be reported in writing immediately upon discovery. Failure to report the defect in a timely manner will result in the delivery being deemed approved. In the event of timely and substantiated complaints, INSEVIS Vertriebs GmbH is entitled, at its discretion, to repair the defect or provide a defect-free replacement. The customer&#039;s right to a reduction in price in the event of failure of subsequent performance or withdrawal remains unaffected. 9.3) The following circumstances exclude any warranty and\/or an exceptional written guarantee - unless the defect was fraudulently concealed: - Damage caused by installation errors by the customer or third parties or improper use or due to fire, lightning or force majeure. - Improperly performed repairs and repair attempts as well as other interventions by customers or other persons not authorized by INSEVIS Vertriebs GmbH - Damage caused by non-compliance with the operating instructions or further instructions from INSEVIS Vertriebs GmbH personnel - Transport damage and damage caused by use in areas not intended for this purpose. 9.4) Any warranty is excluded for used goods that have been marked as used by INSEVIS Vertriebs GmbH and are delivered at the express request of the customer. Used goods are sold as is. 9.5) Costs and expenses incurred by INSEVIS Vertriebs GmbH due to unjustified complaints of defects must be reimbursed by the contractual partner.<\/h2>\n<h2><\/h2>\n<h2><span style=\"font-size: 28px !important;\">10. Software<\/span>10.1) To the extent that software is implemented in a contractual item, the following applies: For software errors that significantly impair contractual use, INSEVIS Vertriebs GmbH reserves the right to eliminate the error by installing a different software version, by providing information on how to eliminate the error, or by avoiding the effects of the error. 10.2) For software to be installed, INSEVIS Vertriebs GmbH assumes no liability that it will operate uninterruptedly and error-free, and that the functions contained in the software will be executed in all combinations selected by the buyer and that they meet the buyer&#039;s requirements.<\/h2>\n<h2><\/h2>\n<h2><span style=\"font-size: 28px !important;\">11. Impossibility\/contract adjustment<\/span>11.1) If INSEVIS Vertriebs GmbH is unable to provide the delivery or service incumbent upon it, the general legal principles shall apply subject to the following proviso: If the impossibility is due to the fault of INSEVIS Vertriebs GmbH, the contractual partner is entitled to claim damages; however, the customer&#039;s claim for damages is limited to 10% of the value of that part of the delivery or service which could not be put into appropriate operation due to the impossibility. Claims for damages exceeding the stated amount of 10 % are excluded. This does not apply in cases of intent or gross negligence, where mandatory liability is imposed, or where life, limb, or health are injured. 11.2) If unforeseen events significantly change the economic significance or content of the delivery or service or affect the operations of INSEVIS Vertriebs GmbH, INSEVIS Vertriebs GmbH will adapt the contract appropriately, provided that the change is reasonable for the customer, taking into account the interests of INSEVIS Vertriebs GmbH. If this is not economically justifiable, INSEVIS Vertriebs GmbH may withdraw from the contract. The customer must be notified of the withdrawal immediately upon knowledge of the reason.<\/h2>\n<h2><span style=\"font-size: 28px !important;\">12. Export permits, abroad<\/span>12.1) The contractual partner is responsible for any necessary official export licenses and shall obtain them themselves. INSEVIS Vertriebs GmbH assumes no responsibility or liability for any necessary official export licenses. 12.2) The contractual partner declares that it will observe all export regulations and export restrictions and other provisions of foreign trade law, in particular those of Germany, the EU and the EU member states, or in the country to be supplied, and will ensure that its contractual partners also comply with these regulations. The contractual partner undertakes to provide all necessary notifications, information, and other declarations properly and completely and to notify INSEVIS Vertriebs GmbH if the delivery is to be used for the following purposes: chemical, biological, or nuclear weapons, missile technology, or other military applications. 12.3) The contractual partner shall bear all customs duties, taxes, or charges that arise from deliveries abroad or services provided abroad. Any compensation by INSEVIS Vertriebs GmbH is excluded for delays, cancellations or additional expenses for delivery by INSEVIS Vertriebs GmbH due to export regulations and authorizations of the respective applicable law.<\/h2>\n<h2><\/h2>\n<h2><span style=\"font-size: 28px !important;\">13. Place of jurisdiction, place of performance, applicable law<\/span>13.1) The place of performance for deliveries and services of INSEVIS Vertriebs GmbH is the registered office of INSEVIS Vertriebs GmbH. 13.2) If the contractual partner is a merchant, the sole local and international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of INSEVIS Vertriebs GmbH. 13.3) The law of the Federal Republic of Germany shall apply to the contractual relationships, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).<\/h2>\n<h2><\/h2>\n<h2><span style=\"font-size: 28px !important;\">14. Miscellaneous, written form<\/span>14.1) Should one or more provisions of a contract, including these General Terms and Conditions, be invalid, the validity of the remaining provisions shall remain unaffected. The parties shall replace invalid provisions with valid ones that come as close as possible to the economic purpose. Any gaps in the contract shall be dealt with accordingly. Amendments and additions to these provisions must be made in writing.<\/h2>\n<h2>\u200b<\/h2>\n<p style=\"\">\u200b<span style=\"font-size: 35px !important; --tcb-applied-color: rgb(12, 17, 21)   !important; color: rgb(12, 17, 21) !important;\">General Terms and Conditions of INSEVIS Vertriebs GmbH<\/span><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\"><\/span><\/span><\/p>\n<p style=\"\"><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\"><\/span><\/span><\/p>\n<p style=\"\"><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\"><span style=\"font-size: 25px !important;\">1. General<\/span>1.1) The following General Terms and Conditions shall apply to all orders, deliveries and services (hereinafter referred to as &#039;Deliveries&#039;), including future orders, unless expressly agreed otherwise in the contract.1.2) Any conflicting terms and conditions of business of contractual partners are hereby expressly rejected in the event of deviations, additions, etc. The terms and conditions of the contractual partners are excluded unless they are expressly agreed to in writing.1.3) The following terms and conditions apply exclusively to orders from and deliveries to&#039;entrepreneurs&#039; within the meaning of \u00a7 310 Abs.1 in combination with \u00a7 14 BGB and not toa &#039;consumer&#039; within the meaning of \u00a7 13 BGB.<\/span><\/span><\/p>\n<p style=\"\">\n<p style=\"\"><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\"><span style=\"font-size: 25px !important;\">2. content of the contract, scope of delivery, partial deliveries<\/span>2.1) The scope of delivery etc. is determined by the order or the order confirmation ofINSEVIS Vertriebs GmbH.2.2) INSEVIS Vertriebs GmbH reserves the unrestricted property and copyright utilization rights to offers, cost estimates, drawings, circuit diagrams, samples, software and other documents. These may only be made accessible to third parties with the prior written consent of INSEVIS Vertriebs GmbH, whereby the customer must ensure that any disclosure is excluded. All documents are to be returned immediately upon request if the order is not placed with INSEVIS Vertriebs GmbH.2.3) INSEVIS Vertriebs GmbH is authorized to make partial deliveries, insofar as this is reasonable for the customer.<\/span><\/span><\/p>\n<p style=\"\">\n<p style=\"\"><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\"><span style=\"font-size: 25px !important;\">3. delivery time, deadlines, right of retention<\/span>3.1) Delivery dates and deadlines are non-binding for INSEVIS Vertriebs GmbH, unless they have been expressly agreed as binding in the contract. If delays are apparent,INSEVIS Vertriebs GmbH undertakes to inform the contractual partner as soon as possible.3.2) All delivery dates are subject to correct and timely delivery to INSEVIS VertriebsGmbH by its own suppliers, in particular strikes and lockouts, as well as cases of force majeure, which are based on an unforeseeable and non-culpable event or consequences of armed conflicts, extend an agreed delivery time accordingly. If the performance ofINSEVIS Vertriebs GmbH becomes impossible or significantly more difficult as a result,INSEVIS Vertriebs GmbH may withdraw from the contract in whole or in part.3.3) The customer is entitled to withdraw from the contract after a written reminder of the delivery and if INSEVIS Vertriebs GmbH does not deliver within a reasonable grace period to be set by the customer.3.4) Compliance with an expressly agreed delivery period is subject to the condition that all documents to be supplied by the contractual partner, necessary authorizations, approvals, etc. are available, that the plans have been clarified and approved in good time and that the agreed terms of payment and other obligations are complied with by the contractual partner.3.5) INSEVIS Vertriebs GmbH is entitled to exercise a right of retention if due claims from previous deliveries or services have not been settled by the contractual partner, even if the delivery time has been contractually agreed.<\/span><\/span><\/p>\n<p><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\">\u200b3.6) The delivery deadline shall be deemed to have been met if the ready-to-use consignment has been dispatched within the agreed delivery or performance deadline.<\/span><\/span><\/p>\n<\/p>\n<p><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\"><span style=\"font-size: 25px !important;\">4. Terms of payment, offsetting conditions, right of retention<\/span>4.1) The prices of INSEVIS Vertriebs GmbH are net prices ex works. All costs for dispatchex works, packaging, transport insurance, etc. are charged separately. Value added tax will be charged separately.4.2) Offsetting by the contractual partner is only permissible with undisputed or legally established claims, as is a right of retention.<\/span><\/span><\/p>\n<\/p>\n<p><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\"><span style=\"font-size: 25px !important;\">5. Transfer of risk<\/span>5.1) The risk shall also pass to the customer in the case of carriage paid delivery, replacement deliveries and rectification of defects as soon as INSEVIS Vertriebs GmbH has handed over the item to the forwarding agent, carrier, the person designated to dispatch it or the person collecting it.5.2) If the customer returns goods to INSEVIS Vertriebs GmbH, the customers bears the risk until the goods are handed over at the business premises of INSEVIS Vertriebs GmbH as well as the freight costs.<\/span><\/span><\/p>\n<p><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\"><span style=\"font-size: 25px !important;\">6. Retention of title<\/span>6.1) All deliveries\/services of NSEVIS Vertriebs GmbH are exclusively subject to retention of title, even if INSEVIS Vertriebs GmbH has not expressly referred to this.6.2) Delivered goods remain the property of INSEVIS Vertriebs GmbH until the fulfillment of all claims against the customer arising from the mutual business relationship. Prior to full payment, the customer is generally prohibited from pledging, transferring ownership by way of security or reselling the goods.6.3) As long as ownership has not yet been transferred to him, the customer is obliged to treat the purchased item with care and to store it carefully; in particular, he is obliged to insure it adequately against theft and damage at his own expense.6.4) If the (co-)ownership of INSEVIS Vertriebs GmbH expires due to combination, mixingor processing, it is already now agreed that the ownership of the buyer in the uniform itemis transferred to INSEVIS Vertriebs GmbH in proportion to the value of the invoice value.6.5) As long as the ownership has not yet been transferred to the customer, the customer must inform INSEVIS Vertriebs GmbH immediately in writing if the ownership is jeopardized by impending or completed seizure, retention, enforcement measures, insolvency or if the ownership is exposed to other interventions by third parties, etc. The customer must inform INSEVIS Vertriebs GmbH immediately in the event of enforcementand insolvency. In the event of enforcement and insolvency, the ownership of INSEVISVertriebs GmbH must be pointed out immediately.<\/span><\/span><\/p>\n<p><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\">\u200b6.6) The customer is authorized to resell the reserved goods in the normal course of business. The customer hereby assigns his claims, etc. from the resale of the reserved goods to INSEVIS Vertriebs GmbH in the amount of the invoice amount including VAT andINSEVIS Vertriebs GmbH accepts this assignment. The authorization of INSEVIS VertriebsGmbH to collect the claim itself remains unaffected.<\/span><\/span><\/p>\n<\/p>\n<p><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\"><span style=\"font-size: 25px !important;\">7. Claims for damages, contractual penalty<\/span>7.1) Any liability of INSEVIS Vertriebs GmbH, in particular claims for damages and reimbursement of expenses of the contractual partner, are excluded. This also applies inparticular to non-performance or poor performance and to liability for consequential or indirect damages. This does not apply if expressly agreed otherwise in writing or if an exclusion of liability is not permitted by law, eg in cases of intent, gross negligence or injury to life, health or body in the case of liability under the Product Liability Act.7.2) INSEVIS Vertriebs GmbH expressly waives any liability upon conclusion of the contract and INSEVIS Vertriebs GmbH accepts the waiver.7.3) Contractual penalties are excluded unless expressly agreed otherwise in writing.<\/span><\/span><\/p>\n<p><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\"><span style=\"font-size: 25px !important;\">8. Limitation period, suspension of the limitation period<\/span>The limitation period for warranty claims and other claims against INSEVIS VertriebsGmbH is \u2013 for periods longer than one year \u2013 only twelve months. In the case of shorter statutory or agreed limitation periods, the shorter limitation period shall apply. The shortening of the limitation period shall not apply if this is excluded by law, in particular not in the case of fraudulent concealment of a defect. The statutory provisions on suspension of expiry, suspension and recommendation of the limitation periods shall remain unaffected. Settlement negotiations shall be deemed to have ended if INSEVIS VertriebsGmbH does not respond in writing to a letter from the contractual partner for more than 8 weeks.<\/span><\/span><\/p>\n<p><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\"><span style=\"font-size: 25px !important;\">9. Warranty<\/span>9.1) A guarantee that goes beyond the statutory warranty provisions is only granted in the case of an express written assurance.9.2) INSEVIS Vertriebs GmbH provides a warranty for the delivered goods in accordance with the statutory provisions. The warranty period begins with the delivery of the goods.The goods must be inspected by the customer immediately after delivery by INSEVISVertriebs GmbH. Defects, the absence of warranted characteristics, transport damage, shortages and incorrect deliveries, etc. must be reported to INSEVIS Vertriebs GmbH in writing immediately after receipt of the delivery, with immediate cessation of any handling or processing. Any hidden defects must be reported in writing immediately after their discovery. In the event of failure to notify INSEVIS Vertriebs GmbH in due time, the delivery shall be deemed approved. In the case of timely and justified notices of defects, INSEVIS Vertriebs GmbH is entitled, at its discretion, to repair or replace the goods. Thecustomer&#039;s right to a reduction in price in the event of failure of subsequent fulfillment orwithdrawal remains unaffected.9.3) The following circumstances exclude a warranty and\/or an exceptionally writtenguarantee \u2013 unless the defect has been fraudulently concealed:- Damage caused by errors during installation by the customer or third parties or improperuse or due to fire, lightning or force majeure.<\/span><\/span><\/p>\n<p><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\">\u200b- improperly carried out repairs and attempted repairs as well as other interventions by customers or other persons not authorized by INSEVIS Vertriebs GmbH to do so- Damage caused by non-compliance with the operating instructions or other instructions from INSEVIS Vertriebs GmbH personnel- Transport damage and damage caused by use in environmental areas not intended for this purpose9.4) For used goods that have been labeled as used by INSEVIS Vertriebs GmbH and are delivered at the express request of the customer, any warranty is excluded. Used goods are sold as seen.9.5) Costs and expenses incurred by INSEVIS Vertriebs GmbH in the event of unjustified complaints shall be reimbursed by the contractual partner.<\/span><\/span><\/p>\n<p><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\"><span style=\"font-size: 25px !important;\">10. Software<\/span>10.1) Insofar as software is implemented in a contractual object, the following applies:INSEVIS Vertriebs GmbH reserves the right to choose whether to eliminate the error by installing a different software version, by providing instructions on how to eliminate the error or to avoid the effects of the error in the event of software errors that impair the contractual use to a more than insignificant extent.10.2) INSEVIS Vertriebs GmbH does not guarantee that the software to be installed willwork without interruption or error and that the Functions contained in the software will be executed in all combinations selected by the buyer and will meet the buyer&#039;s requirements.<\/span><\/span><\/p>\n<p><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\"><span style=\"font-size: 25px !important;\">11. Impossibility of performance, adaptation of the contract<\/span>11.1) If the delivery or service incumbent upon INSEVIS Vertriebs GmbH becomes impossible, the general legal principles shall apply with the following proviso:If the impossibility is due to the fault of INSEVIS Vertriebs GmbH, the contractual partners shall be entitled to claim damages, but the customer&#039;s claim for damages shall be limited to 10% of the value of that part of the delivery or service which could not be put to the intended use due to the impossibility. Claims for damages exceeding the aforementioned amount of 10 % are excluded.This shall not apply in cases of mandatory liability based on intent or gross negligence or in cases of injury to life, limb or health.11.2) If unforeseen events significantly change the economic significance or the content of the delivery or service or affect the operation of INSEVIS Vertriebs GmbH, the contract will be adjusted appropriately by INSEVIS Vertriebs GmbH, provided that the change is reasonable for the customer, taking into account the interests of INSEVIS Vertriebs GmbH.If this is not economically justifiable, INSEVIS Vertriebs GmbH can withdraw from the contract. The cancellation is to be communicated to the customer immediately after knowledge of the reason.<\/span><\/span><\/p>\n<p><span style=\"color: rgb(12, 17, 21) !important;\"><span style=\"--tcb-applied-color: rgb(12, 17, 21) !important;\"><span style=\"font-size: 25px !important;\">12. Export licenses, foreign countries<\/span>12.1) The contractual partner shall be responsible for any necessary official export licenses and shall obtain these himself. INSEVIS Vertriebs GmbH assumes no responsibility or liability for any necessary official export licenses.12.2) The contractual partner declares to observe all export regulations and export restrictions and other regulations of foreign trade law, in particular of Germany, the EU and the EU member states, or in the country to be supplied and to ensure that his contractual partners also comply with these regulations. The contractual partner undertakes to provide all necessary notifications, information and other declarations properly and completely and to inform INSEVIS Vertriebs GmbH if the delivery is to be used for the following purposes:<\/span><\/span><\/p>\n<p><span style=\"--tcb-applied-color: rgb(12, 17, 21)   !important; color: rgb(12, 17, 21) !important;\">\u200bchemical, biological or nuclear weapons, missile technology or other military use.12.3) The contractual partner shall bear all customs duties, taxes or levies arising from adelivery abroad or service abroad. For delays, cancellations or additional expenses of the delivery by INSEVIS Vertriebs GmbH due to export regulations and permits of therespective law concerned, any compensation by INSEVIS Vertriebs GmbH is excluded.<\/span><\/p>\n<p><span style=\"--tcb-applied-color: rgb(12, 17, 21)   !important; color: rgb(12, 17, 21) !important;\"><span style=\"font-size: 25px !important;\">13. Place of jurisdiction, place of fulfilment, applicable law<\/span>13.1) The place of fulfillment for deliveries and services of INSEVIS Vertriebs GmbH is the registered office of INSEVIS Vertriebs GmbH.13.2) If the contractual partner is a merchant, the sole local and international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of INSEVIS Vertriebs GmbH.13.3) Contractual relations shall be governed by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).<\/span><\/p>\n<p><span style=\"--tcb-applied-color: rgb(12, 17, 21)   !important; color: rgb(12, 17, 21) !important;\"><span style=\"font-size: 25px !important;\">14. Other provisions, validity of the contract, auth<\/span><\/span><span style=\"--tcb-applied-color: rgb(12, 17, 21)   !important; color: rgb(12, 17, 21) !important;\"><span style=\"font-size: 25px !important;\">orisations<\/span>14.1) Should one or more provisions of a contract, including these GTC, be invalid, this shall not affect the validity of the remaining provisions. The parties shall replace ineffectiveprovisions with effective ones that come as close as possible to the economic purpose.The same procedure shall apply in the event of a contractual loophole. Amendments and supplements to these provisions must be made in writing.<\/span><\/p>","protected":false},"excerpt":{"rendered":"<p>Allgemeine Gesch\u00e4ftsbedingungen der INSEVIS Vertriebs GmbH 1. Allgemeines1.1) F\u00fcr s\u00e4mtliche, auch k\u00fcnftige Bestellungen, Lieferungen und Leistungen (imFolgenden: Lieferungen) sind die folgenden Allgemeinen Gesch\u00e4ftsbedingungenvereinbart, soweit nicht vertraglich ausdr\u00fccklich etwas Anderes vereinbart ist.1.2) Widersprechenden Gesch\u00e4ftsbedingungen von Vertragspartnern wird beiAbweichungen, Erg\u00e4nzungen, etc. hiermit ausdr\u00fccklich widersprochen. DieGesch\u00e4ftsbedingungen der Vertragspartner sind ausgeschlossen, sofern ihnen nichtausdr\u00fccklich schriftlich zugestimmt wird.1.3) Die nachfolgenden [&hellip;]<\/p>\n","protected":false},"author":5,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1367","page","type-page","status-publish","hentry","post-wrapper","thrv_wrapper"],"_links":{"self":[{"href":"https:\/\/www.insevis.de\/en\/wp-json\/wp\/v2\/pages\/1367","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.insevis.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.insevis.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.insevis.de\/en\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/www.insevis.de\/en\/wp-json\/wp\/v2\/comments?post=1367"}],"version-history":[{"count":7,"href":"https:\/\/www.insevis.de\/en\/wp-json\/wp\/v2\/pages\/1367\/revisions"}],"predecessor-version":[{"id":2726,"href":"https:\/\/www.insevis.de\/en\/wp-json\/wp\/v2\/pages\/1367\/revisions\/2726"}],"wp:attachment":[{"href":"https:\/\/www.insevis.de\/en\/wp-json\/wp\/v2\/media?parent=1367"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}