General Terms and Conditions of Business
BlueSens gas sensor GmbH
§ 1 Scope of application
(1) These general terms and conditions of business (hereinafter: "Terms of Business") regulate the legal relations between BlueSens gas sensor GmbH, Snirgelskamp 25, 45699 Herten and the latter's Customers in connection with the supply of goods and the provision of services by said BlueSens gas sensor GmbH.
(2) If not otherwise agreed upon in writing, these Terms of Business apply exclusively; provisions of the Customer that are contrary or deviant to these Terms of Business are not admitted and only apply to such an extent to which BlueSens gas sensor GmbH has expressly approved of them in writing.
(3) These Terms of Business also apply to all future business transaction between the parties to the contract.
§ 2 Data privacy protection
The person-related data revealed by the Customer in the scope of concluding a contract is solely utilised by BlueSens gas sensor GmbH for the conclusion of the contracts between BlueSens gas sensor GmbH and the Customer in connection with the supply of goods and/or the provision of services and in compliance with the provisions of the German data privacy laws.
§ 3 Presentation of goods and contract conclusion
(1) The presentation of goods and/or services via the Internet on websites of BlueSens gas sensor GmbH is not equal to a binding offer of said BlueSens gas sensor GmbH.
(2) Contracts between the Customer and BlueSens gas sensor GmbH are concluded upon contract confirmation drawn up by BlueSens gas sensor GmbH. Modifications and supplements made to the contract drawn up between BlueSens gas sensor and the Customer shall be drawn up in writing. The same applies to amendments in connection with the written form requirement.
§ 4 Terms of delivery
(1) Provided not expressly otherwise agreed upon with the Customer, all deliveries are effected costs and risks borne by the Customer, the risk is transferred to the Customer upon surrendering the goods to the forwarder commissioned by BlueSens gas sensor GmbH. Forwarding and handling expenses are drawn up separately by BlueSens gas sensor GmbH on the invoice for their deliveries.
(2) The prerequisite for deadlines to be kept in connection with deliveries is that all the specifications in connection with the deliveries are received in time from the Customer and not least that the agreed upon terms of payment and other obligations are observed by the Customer. Should these prerequisites not be complied with, the delivery period is extended appropriately, irrespective of further demands of BlueSens gas sensor GmbH.
(3) Rights are reserved to correct own deliveries made on time.
§ 5 Release from liability in connection with sales messages
The Customer releases BlueSens gas sensor GmbH from all and any liabilities which a consumer of the Customer asserts based on sales messages of BlueSens gas sensor GmbH, of the manufacturer in the terms of § 4 I or II of the Product Liability Act, or of a vicarious agent and which would not exist, or to this extent, without the sales message. This regulation applies irrespective of whether the advertising message is made prior to or after concluding this contract.
§ 6 Terms of payment
The settlement of the total sum is due upon delivery, upon acceptance and/or upon provision of the services. The Customer is in default 7 days after due date without the latter requiring any further notice from BlueSens gas sensor GmbH should due date not have been complied with. Should defects have been detected, the Customer is not entitled to retention, unless the delivery is obviously defective, or the Customer is evidently entitled to refuse acceptance of the work respectively. In such a case the Customer is only entitled to retention to such an extent as the sum withheld is in a pertinent relation to the defects and the expected expenses for subsequent fulfilment (particularly elimination of defects). The Customer is not entitled to assert claims and rights for defects if said Customer has not settled due accounts and in as far as the sum due (including possible settlements) is in a pertinent relation to the value of the delivery, or the services respectively, subject to the defects.
§ 7 Retention of title
(1) BlueSens gas sensor GmbH retains its title to the delivery item until all the latter's claims in connection with the business relation have been fulfilled and complied with by the Customer.
(2) Should the delivery item be sold, the Customer hereby assigns the claim arising from the further sale to the consumer with all the ancillary rights by way of security to BlueSens gas sensor GmbH. This action requires no special declaration. The assignment applies including possible payment balance claims. However, the assignment only applies to the amount of the price invoiced for the delivery item by BlueSens gas sensor GmbH. The share assigned to BlueSens gas sensor GmbH is subject to preferential settlement.
(3) Up until cancellation, the Customer is entitled to collect the receivables assigned to BlueSens gas sensor GmbH. The Customer shall transfer the payments made in connection with the assigned receivables - up to the amount of the receivables under security to BlueSens gas sensor GmbH without delay. In the case of eligible interests, particularly in case of default, suspension of payment, institution of insolvency proceedings, notes of protest or a founded suspicion for excessive indebtedness or pending insolvency of the Customer, BlueSens gas sensor GmbH is entitled to cancel the collection entitlement of the Customer. Furthermore, BlueSens gas sensor GmbH may, while complying with an appropriate period of grace, reveal the assignment of securities, exploit the assigned receivables and demand the disclosure to the consumers of the assignments of security by the Customer.
(4) Upon substantiation of a vested interest, the Customers shall submit the required information on the rights to consumer rights and submit the necessary documents to BlueSens gas sensor GmbH.
(5) While the retention of title is in force, the Customer is prohibited from pledging it as security or from assigning the security. In the case of seizure, confiscation, or other acts of disposal or the claims of third parties, the Customer shall inform BlueSens gas sensor GmbH immediately, without any further delay whatsoever. The resale of the item of delivery is only permitted in the orderly course of business and on the condition that payment of the current value of the item of delivery is effected to the Customer. The Customer shall also agree with the purchaser that the latter only acquires the title upon settlement of payment.
(6) Upon violation of obligations by the Customer, particularly in the case of default of payment, BlueSens gas sensor GmbH is entitled, even without setting a deadline, to demand surrender of the item of delivery, or new goods respectively and/ or - if necessary upon setting a deadline – to withdraw from the contract; the Customer is obliged to surrender the item of delivery concerned. The demand to surrender the item of delivery does not stand for a notice of withdrawal by BlueSens gas sensor GmbH, unless this is expressly declared.
§ 8 Warranty claims
(1) BlueSens gas sensor GmbH gives no guarantee in connection with properties of the items delivered to Customers. It may be particularly mentioned that the descriptions on the website of BlueSens gas sensor GmbH may not be considered to be of the character of a guarantee
(2) There are no warranty obligations for only slight deviances from the agreed upon properties or for inconsiderable impairment of usability/serviceability.
(3) In the scope of a supplementary performance BlueSens gas sensor GmbH is by no means committed to effect replacements, re-productions. The demand of the Customer for supplementary performance shall be drawn up in writing. BlueSens gas sensor GmbH shall be granted a period of 4 weeks for supplementary performance. A failure of supplementary performance is only given after the second attempt at remedy has failed. If supplementary performance fails, the Customer is entitled to reduce the price or at own option – if a construction item is not subject of the liability for defects –to withdraw from the contract. The legal cases of in which setting a deadline may be dispensed with remain unaffected. The expenses involved for the supplementary performances are borne by the Customer should they increase due to the deliveries and or/services having to be shipped to another location than the place of business of the Customer. Irrespective of further claims of BlueSens gas sensor GmbH the Customer shall compensate the expenses of an unjustified notice of defect claim for the inspection and – if required and demanded – the expenses involved in eliminating the defect. The expenses of §§ 478, 479 German Civil Code (right of recourse of the businessman) remain unaffected.
(4) Claims for damages may only be demanded if the prerequisites drawn up in §9 are given.
§ 9 Limitation of liability
(1) BlueSens gas sensor GmbH is liable in case of intent or gross negligence (particularly also of a representative or vicarious agent) and in case of injury to life, body or health according to the legal provisions. Otherwise BlueSens gas sensor GmbH is only liable pursuant to the Product Liability Act or for reason of culpable violation of essential contractual obligations or in as far as BlueSens gas sensor GmbH maliciously concealed the defect or a guarantee for the property of the item of delivery. The claim for damages for the violation of essential contractual obligations is, however, limited to the typical contract, predictable damage if another exceptional case as drawn up in this section has not arisen.
(2) The rules and regulations of the preceding Section 1 apply to all claims for damages (particularly for claims in addition to the performance and claims for damages instead of performance), and indeed for no matter what legal reason, particularly for defects, violation of obligations from the contractual obligation or for reason of impermissible action. They also apply to the claim for compensation of futile expenditures.
(3) An amendment of the onus of proof to the detriment of the Customer is not connected to the preceding rules and regulations. nus of proof to the detriment of the Customer is not connected to the preceding rules and regulations.
§ 10 Period of limitation
(1) The period of limitation for claims and rights arising from defects – for no matter what legal reason – is one year. This, however does not apply to the cases of § 438 Section 1 No. 1 German Civil Code (Defects of title in connection with immovables), § 438 Section 1 No. 2 German Civil Code (Buildings, Items for Buildings), § 479 Section 1 German Civil Code (Claim under right of recourse of the businessman) or § 634 a Section 1 No. 2 German Civil Code (Buildings or plants the success of which is in the provision of planning or surveillance services in such connection). The exceptional cases drawn up in preceding S. 2 cases are subject to a period of limitation of three years.
(2) The limitation periods according to Section 1 also apply to all claims for damages against BlueSens gas sensor GmbH which are in connection with the defect – irrespective of the legal basis of the claim. In as far as there are claims for damages of any kind against BlueSens gas sensor GmbH which are not in connection with a defect, the period of limitation drawn up under section 1, p. 1. applies.
(3) The periods of limitation according to Section 1 and Section 2, however, apply under the following premises
a) The periods of limitation generally do not apply in the case of a deliberate act of malice or fraudulent concealment of a defect or should and in as far as BlueSens gas sensor GmbH have offered a guarantee for the consistency of the delivery item.
b) Furthermore, the limitation periods do not apply to claims for damages resulting from a grossly negligent breach of obligations, in the cases of injury to life, body or health or to claims according to the Product Liability Act. The limitation periods for claims for damages also apply to all the replacement expenses for endeavours in vain.
(4) The limitation period for all claims begins upon delivery, in the case of plant services upon acceptance.
(5) Provided not expressly determined otherwise the legal directives on the beginning of the limitation period, the suspension of limitation and the recommencement of limitation periods remain unaffected.
(6) A reversal of onus of proof to the disadvantage of the Customer is not connected to the preceding rules and regulations.
§ 11 Final provisions
(1) The law of the Federal Republic of Germany applies to all the contracts concluded between BlueSens gas sensor GmbH and the Customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the Customer does not have a general address for service in Germany, the venue for all the disputes between the Customer and BlueSens gas sensor GmbH shall be determined by the registered office of BlueSens gas sensor GmbH.
(3) Variations in connection with these Terms of Business shall be drawn up in writing. The same applies to amendments in connection with the written form requirement.
(4) Should individual or several provisions of these Terms of Business be, or become, inoperative the overall validity of the remaining Terms of Business is not affected