This translation is for convenience only. The German version is legally binding. Terms of Sale and Delivery
General Terms and Conditions of OriginX GmbH
(1) All offers and deliveries of OriginX GmbH, Rotwandstr. 9, 82049 Pullach (hereinafter: OriginX) are made exclusively on the basis of these Terms of Sale and Delivery (hereinafter: GTC). These GTC form part of all contracts for deliveries that OriginX concludes with buyers, purchasers and clients (hereinafter: Customers). (2) The Customer's general terms and conditions shall not apply even if OriginX has not expressly and separately objected to their validity or inclusion in an individual case.
(1) Contracts between OriginX and the Customer are concluded, following the Customer's order, solely by OriginX's order confirmation in written or text form. (2) A contract is based on the offers individually prepared by OriginX at the Customer's request. These are valid for a maximum of 30 days after notification by OriginX. (3) Technical and design deviations from descriptions and specifications are reserved. (4) For products not manufactured by OriginX itself, the terms of the respective manufacturer apply in addition.
(1) Unless otherwise agreed in writing, prices apply to the scope of delivery listed in the order confirmation plus VAT. (2) If the subject matter of the delivery changes after conclusion of the contract, a correspondingly adjusted new price must be agreed with OriginX. (3) The agreed price is due and payable without deduction no later than 10 days after OriginX issues the invoice.
(1) In the event of late payment, OriginX charges default interest of eight percentage points above the applicable base rate (§ 288 Abs. 2 BGB). (2) Set-off by the Customer is only permitted with counterclaims that are undisputed, legally established or ready for decision.
(1) Unless otherwise agreed in writing, the delivery time is approximately 90 days after OriginX's order confirmation. Delivery takes place at the Port of Hamburg. (2) The risk of accidental loss passes to the Customer upon notification that the goods are ready at the Port of Hamburg. (3) OriginX is entitled to make partial deliveries insofar as these are reasonable for the Customer. (4) Deadlines and dates are always approximate unless a fixed-date transaction has been agreed. (5) Delivery periods are extended in the event of force majeure.
(1) OriginX retains title to the delivered goods until full payment has been made. (2) The Customer may only resell the goods in the ordinary course of business and only against cash payment or subject to retention of title.
(1) The agreed quality is determined exclusively by the specific written agreements. (2) The quality is defined exclusively by OriginX's product description. (3) The limitation period for warranty claims is twelve months from the transfer of risk. (4) Delivered goods must be carefully inspected immediately after delivery at the Port of Hamburg.
(1) OriginX's liability for damages is limited in accordance with the relevant sections. (2) OriginX is liable for intent and gross negligence. In cases of simple negligence, OriginX is only liable for damages arising from injury to life, body or health and for breach of essential contractual obligations.
(1) If OriginX's goods infringe the industrial property rights of third parties, the Customer must inform OriginX without delay of any infringement warnings.
(1) All legal disputes are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). (2) The exclusive place of jurisdiction for all legal disputes is Munich, provided the Customer is a merchant, a legal entity under public law or a special fund under public law.
Should individual provisions of these GTC be or become void or voidable, the validity of the remainder of the contract shall remain unaffected.
