The general terms and conditions of ADMAG


The general terms and conditions for companies

The general terms and conditions for private individuals

Terms of ADMAG SRL ( "ADMAG"), 1 Decembrie 1918 Str, No. 83, Calafat, Dolj County for entrepreneurs.. (Available at http: // www.admagsrl.com/ agb.htm). 1. Scope of the General Terms and Conditions 1.1 These Terms n Conditions (the "Terms") apply to all business transactions between ADMAG and the other party (hereinafter called "Client n") n, even if they are not expressly agreed. All ofADMAG with de n customers closed n contracts are exclusively subject to the following conditions. Conflicting or deviating terms and conditions of the customer only apply if ADMAG has expressly agreed to their validity in writing. 1.2 These terms and conditions also apply if ADMAG , aware of conflicting or deviating terms and conditions of the customer, performs the delivery to the customer without reservation, without expressly contradicting it. 1. 3 For clarification is offered by ADMAG but judge due to these Conditions only to entrepreneurs and commercial resellers, not to consumers. Second conclusion 2.1 ADMAG offers in online and offline brochures, advertisements , catalogs and other advertising material are non-binding. Technical changes are reserved in the context of technical progress and reasonable. 2.2 The contract is concluded as follows: ADMAG are initially available au fgrund from the customer's request. The customer is within the specified in the offer period of the offer by a written (by fax or letter) order, their access will immediately request confirm t by ADMAG. The confirmation of receipt of the order is made by sending an order confirmation or an invoice by e-mail to the customer.Telephone reservation en or e-mail to (by fax or letter) concluded only with sending a written order. 2. 3 The conclusion of the contract is subject to the correct and proper self-supply. If the goods are not or only partially available is, the customer is informed immediately. In the event of unavailability, the consideration will be refunded immediately. 2.4 Changes and additions to the order by the customer after the effective conclusion of the contract require a separate agreement between the parties. Third Prices and terms of payment 3.1 The prices are non-binding and are to be understood as net prices in EURO / RON. Invoices are to be paid net without discount from Skonti unless otherwise expressly agreed. 3.2 The prices are EXW gem. Incoterms 2010, excluding packaging and transport, which acc. Are charged separately Art. 4th The legal VAT is not included in the prices and is shown separately. 3. 3 If the agreed delivery period exceeds two months from the conclusion of the contract, ADMAG shall be entitled to adjust the prices in accordance with the cost increases between the order and the delivery (in particular due to changes in material prices , wage increases) . 3. 4 The purchase price is due within 10 days of sending the invoice (date of invoice), unless otherwise agreed. If the goods are delivered to the customer only after receipt of the invoice, the above-mentioned payment period begins with the receipt of the goods. Decisive for the timeliness of the payment is the irrevocable crediting of the invoice amount on the ADMAG account. Bills of exchange and checks are only accepted with 2 the prior written consent of ADMAG; whereby the customer bears the cost of discounting and collecting such means of payment. 3.5 In the event of late payment, ADMAG is entitled to claim default interest of 0.1% per day and any further damages . 3.6 The off by the customer is permitted only with legally established, undisputed or recognized by ADMAG demands. The customer can exercise a right of retention only to the extent that his counterclaim is based on the same contractual relationship. 3.7 payments are first on older claims against the customer from the bes with ADMAG tehenden business relationship is counting on t. If costs and interest have already arisen due to default, thefollowing order applies: first the costs, then the interest and finally the principal claim. 4 . Terms of Delivery, Packaging, Risk of Danger 4 .1 S ofern not ande r s agreed, delivery EXW applies (Incoterms 2010) "factory" in Calafat uninsured and at the risk of the customer. The conclusion of a transport insurance is up to the customer. 4 .2 ADMAG laundri hl t Shipping and Packaging and is endeavored to take into account the wishes and interests of the customer. Packaging materials must be disposed of by the customer. 4.3 The cost of packaging will be charged separately. If the customer wants a different package, he has to bear the resulting additional costs in this case at the discretion of ADMAG, or theremaining of ADMAG owned empties free within a period of 3 months. 4.4 If, due to a circumstance for which the customer is responsible, the dispatch or acceptance is delayed or made impossible through no fault of ADMAG , the risk shall pass to the customer upon dispatch of the notification of readiness for dispatch or acceptance. The customer is liable for all damages and additional costs incurred. 4.5 ADMAG is entitled to carry out partial deliveries insofar as the customer does not incur unreasonable disadvantages. 5 . Eke delivery, delinquency, force majeure 5.1 Delivery dates in the order confirmation are not binding. Written confirmed "binding delivery dates" are adhered to, subject to the defect-free and timely self-delivery by suppliers of ADMAG. The deadlines are considered met if the goods have left the warehouse of ADMAG until their expiration, or if the goods can not be dispatched in good time without the fault of ADMAG, but readiness for dispatch is notified. 5.2 The beginning of the binding delivery period presupposes in every case the timely and proper fulfillment of the obligations of the customer from the entire business relationship, as well as the clarification of all technical questions and fulfillment of all existing cooperation obligations. If the customer culpably violates other obligations to cooperate, ADMAG shall be entitled to demand compensation for the resulting damage, including any additional expenses. Further claims or rights reserved. 5 .3 Will ADMAG, despite the application of reasonable caution, comply with its obligation by force majeure, in particular by the occurrence of unpredictable, exceptional circumstances such as war, civil unrest, acts of terrorism, seizure or other measures of public authority, strike, lockout and other labor disputes, general lack of raw materials - auxiliaries and supplies, machine damage , machinebreakage and other breakdowns , natural disasters or other circumstances beyond the control of ADMAG and which can only be remedied with 3 unreasonable effort, even if they are prevented by suppliers and subcontractors, the delivery period shall be extended to an appropriate extent , Is ADMAG in these cases, delivery or performance impossible, enters an exemption from contractual obligations. 6th claims for defects 6 .1 The customer must inspect goods deliveries immediately and report defects in writing immediately after receipt of the goods or after discovery of the material defect . The customer can makewarranty claims only final when he has fulfilled his inspection and complaint and has identified deficiencies within the statutory period of 2 (two) days displayed. Claims for defects must be discovered and reported within a total of 12 months from the transfer of risk. 6 .2 ADMAG may require samples rejected goods within a period to be determined by ADMAG. If, after checking the notification of the defect , it becomes apparent that a warranty claim has not been made, the customer shall bear the resulting costs. 6 . 3 Warranty claims are excluded in cases of insignificant deviations from the agreed quality if the customer fails to comply with operating or maintenance instructions, edited changes to the commodity front i mm t parts by the customer or not auto linearized erte third parties or from changes or other work on the goods through leads. The same applies to errors caused by excessive use or incorrect handling, deviating from the product specifications, or changes in the performance of the services and other changes that serve technical progress. 6 . 4 In the event of an effective complaint, ADMAG has the choice between removal of the defect and replacement. The costs for the removal of the defect are borne by ADMAG . In the exceptional case of a replacement delivery the customer has to reimburse the defective parts . O ne of repair or replacement is carried out in the case of minor defects (less than 5% of the total order) only if the use of the goods otherwise can not reasonably be expected of the customer . 6 . 5 Can the customer the goods despite deficiencies gem. Point 6. 4 above, only a reasonable reduction of the agreed purchase price applies . 6 . 6 Selects ADMAG subsequent performance, are i h m held arrive outside a reasonable period of at least two attempts available. If these are unsuccessful, the customer is entitled to set a reasonable final respite . In unsuccessful expiry of the ser After time, are available to the customer s Two options available: reduction of compensation or withdrawal from the contract. A guarantee ceases if ADMAG was not given the opportunity to repair or replacement within a reasonable time. 7th liability 7 . 1 On the one hand, ADMAG is not liable under the statutory provisions for simply negligent breaches of non-essential contractual obligations. On the other hand , damages are generally limited to compensation for foreseeable, typically occurring damage . 7 . 2 The legal liability for injury to life, limb or health is not affected by the above limitation. The same applies to the mandatory liability under the Product Liability Act and liability for fraudulent concealment of a defect or due to the adoption of a written guarantee awarded (see below point.. 7 3). 4 7 . 3 ADMAG will only assume a warranty beyond the statutory rights of elimination for the quality of the goods or that the goods retain a certain quality for a certain period of time, if this has been specially agreed in writing. 7 . 4 Any further liability is excluded. This means that ADMAG is not liable in particular for damage that has not occurred to the goods themselves, such as: B. lost profits and other financial losses. 7 . 5 The above rules (disclaimers and limitations inclusive) also apply to the personal liability of the employees, employees, employees, agents and vicarious agents of ADMAG. 7 .6 Claims for defects become statute-barred within one year beginning with the assertion of the claim. 8th. custom work 8 .1 In the case of contract work, ADMAG shall only be liable for the proper execution of the agreed services, but not for the quality and execution of the materials provided, as well as the correctness and completeness of the plans and instructions provided by the customer ( client ) . Their regularity and completeness as well as compliance with the quality features desired by the customer must be ensured and checked exclusively by the latter . 8 .2 If special precautions are to be taken in the storage of materials provided, the customer has To inform ADMAG separately about this. ADMAG is solely liable for damage and loss of materials provided through intentional or grossly negligent acts . In contrast ADMAG assumes no liability for material wear and damage that have arisen due to faulty instructions and plans of thecustomers. 8 .3 Unless otherwise agreed, the customer must provide ADMAG with material for the preparation of the agreed services, including the execution of trial work and test cuts. The customer has no claim to compensation for the costs of the material used for this purpose. 9th credit-worthiness 9.1 I st the creditworthiness of a customer after conclusion questionable ADMAG is entitled, despite the absence of agreement, advance payments, security deposits or cash to demand. 9.2 In the case of negative credit reports , which make the fulfillment of contractual obligations of the customer questionable, ADMAG is entitled to terminate existing contracts for cause without the participation of the courts. Art 1552 to terminate and claim damages . This is especially true if (i) against the customer's assets forced Voll were carried out treckungsmaßnahmen, (ii) has been requestedei n insolvency proceedings, (iii) the customer the parties binding contractual relationship is with one of its obligations arising from the default and this Condition despite reminder not within the set deadline is eliminated. 1 0. Intellectual Property Rights 10.1 Copyright and exploitation rights to which the customer during the order fulfillment ceded business plans, design drawings, presentations, for example, for manufacturing process and all illustrations, drawings, recordings, construction and switch points LAENEN and other documents which were made by ADMAG remain the one hand in their property , W ithout permission of ADMAG may these not be made available to third parties or utilized by the customer whether in written or electronic form . The customer is liable for his own employees and vicarious agents as well as for the immediate refund to ADMAG on request . 5 10 .2 On the other hand, the customer is responsible for ensuring that any drawings submitted by him do not intervene in third-party property rights and indemnify ADMAG in the event of recourse claims. If third parties, relying on industrial property rights, in particular prohibit the manufacture and delivery of such objects, ADMAG is entitled - without being obliged to check the legal situation - to cease all further activity and to claim damages in the event of the customer's fault. 10 .3 The customer is obliged to ADMAG informing him of any infringement of intellectual property rights. 1 1. Place of fulfillment, jurisdiction, applicable law 11 .1 The place of performance is Calafat, the registered office of ADMAG . 11.2 For all present and future claims from the business relationship the exclusive jurisdiction of the headquarters of ADMAG where ADMAG is entitled to sue the customer at his place of business. 11.3 Romanian law applies , excluding the validity of the UN Sales Convention is . 1 2 . final provisions 12 .1 The customer is not entitled to transfer and / or assign rights and obligations arising from the contractual relationships binding the parties to third parties without the prior written consent ofADMAG . ADMAG is entitled to transfer parts or the entire order to third parties without the customer's consent being required. 12.2 If, during the contract period, circumstances arise which materially affect the technical, legal or economic effects of the contract in such a way that performance and consideration are no longer commensurate with each other, then each party to the contract may demand an adaptation of the contract to the changed conditions.

General Terms and Conditions of ADMAG SRL (" ADMAG "), 1 Decembrie 1918 Str. , No. 83, Calafat, Dolj County for Consumers (available at http: // www.admagsrl.com/ agb.htm). 1. Scope of the General Terms and Conditions 1.1 These Terms n Conditions (the "Terms") apply to all business transactions between ADMAG and the other party (hereinafter called "Client n") n, even if they are not expressly agreed. All ofADMAG with de n customers closed n contracts are exclusively subject to the following conditions. Conflicting or deviating terms and conditions of the customer only apply if ADMAG has expressly agreed to their validity in writing. 1.2 These terms and conditions also apply if ADMAG , aware of conflicting or deviating terms and conditions of the customer, performs the delivery to the customer without reservation, without expressly contradicting it. 1. 3 For clarification is offered by ADMAG but judge due to these Conditions only to entrepreneurs and commercial resellers, not to consumers. Second conclusion 2.1 ADMAG offers in online and offline brochures, advertisements , catalogs and other advertising material are non-binding. Technical changes are reserved in the context of technical progress and reasonable. 2.2 The contract is concluded as follows: ADMAG are initially available au fgrund from the customer's request. The customer is within the specified in the offer period of the offer by a written (by fax or letter) order, their access will immediately request confirm t by ADMAG. The confirmation of receipt of the order is made by sending an order confirmation or an invoice by e-mail to the customer.Telephone reservation en or e-mail to (by fax or letter) concluded only with sending a written order. 2. 3 The conclusion of the contract is subject to the correct and proper self-supply. If the goods are not or only partially available is, the customer is informed immediately. In the event of unavailability, the consideration will be refunded immediately. 2.4 Changes and additions to the order by the customer after the effective conclusion of the contract require a separate agreement between the parties. Third Prices and terms of payment 3.1 The prices are non-binding and are to be understood as net prices in EURO / RON. Invoices are to be paid net without discount from Skonti unless otherwise expressly agreed. 3.2 The prices are EXW gem. Incoterms 2010, excluding packaging and transport, which acc. Are charged separately Art. 4th The legal VAT is not included in the prices and is shown separately. 3. 3 If the agreed delivery period exceeds two months from the conclusion of the contract, ADMAG shall be entitled to adjust the prices in accordance with the cost increases between the order and the delivery (in particular due to changes in material prices , wage increases) . 3. 4 The purchase price is due within 10 days of sending the invoice (date of invoice), unless otherwise agreed. If the goods are delivered to the customer only after receipt of the invoice, the above-mentioned payment period begins with the receipt of the goods. Decisive for the timeliness of the payment is the irrevocable crediting of the invoice amount on the ADMAG account. Bills of exchange and checks are only accepted with the prior written consent of ADMAG; whereby the customer bears the cost of discounting and collecting such means of payment. 3.5 In the event of late payment, ADMAG is entitled to claim default interest of 0.1% per day and any further damages . 3.6 The off by the customer is permitted only with legally established, undisputed or recognized by ADMAG demands. The customer can exercise a right of retention only to the extent that his counterclaim is based on the same contractual relationship. 3.7 payments are first on older claims against the customer from the bes with ADMAG tehenden business relationship is counting on t. If costs and interest have already arisen due to default, thefollowing order applies: first the costs, then the interest and finally the principal claim. 4 . Terms of Delivery, Packaging, Risk of Danger 4 .1 S ofern not ande r s agreed, delivery EXW applies (Incoterms 2010) "factory" in Calafat uninsured and at the risk of the customer. The conclusion of a transport insurance is up to the customer. 4 .2 ADMAG laundri hl t Shipping and Packaging and is endeavored to take into account the wishes and interests of the customer. Packaging materials must be disposed of by the customer. 4.3 The cost of packaging will be charged separately. If the customer wants a different package, he has to bear the resulting additional costs in this case at the discretion of ADMAG, or theremaining of ADMAG owned empties free within a period of 3 months. 4.4 If, due to a circumstance for which the customer is responsible, the dispatch or acceptance is delayed or made impossible through no fault of ADMAG , the risk shall pass to the customer upon dispatch of the notification of readiness for dispatch or acceptance. The customer is liable for all damages and additional costs incurred. 4.5 ADMAG is entitled to carry out partial deliveries insofar as the customer does not incur unreasonable disadvantages. 5 . Eke delivery, delinquency, force majeure 5.1 Delivery dates in the order confirmation are not binding. Written confirmed "binding delivery dates" are adhered to, subject to the defect-free and timely self-delivery by suppliers of ADMAG. The deadlines are considered met if the goods have left the warehouse of ADMAG until their expiration, or if the goods can not be dispatched in good time without the fault of ADMAG, but readiness for dispatch is notified. 5.2 The beginning of the binding delivery period presupposes in every case the timely and proper fulfillment of the obligations of the customer from the entire business relationship, as well as the clarification of all technical questions and fulfillment of all existing cooperation obligations. If the customer culpably violates other obligations to cooperate, ADMAG shall be entitled to demand compensation for the resulting damage, including any additional expenses. Further claims or rights reserved. 5 .3 Will ADMAG, despite the application of reasonable caution, comply with its obligation by force majeure, in particular by the occurrence of unpredictable, exceptional circumstances such as war, civil unrest, acts of terrorism, seizure or other measures of public authority, strike, lockout and other labor disputes, general lack of raw materials - auxiliaries and supplies, machine damage , machinebreakage and other breakdowns , natural disasters or other circumstances beyond the control of ADMAG and which can only be remedied with unreasonable effort, even if they are prevented by suppliers and subcontractors, the delivery period shall be extended to an appropriate extent , Is ADMAG in these cases, delivery or performance impossible, enters an exemption from contractual obligations. 6th claims for defects 6 .1 The customer must inspect goods deliveries immediately and report defects in writing immediately after receipt of the goods or after discovery of the material defect . The customer can makewarranty claims only final when he has fulfilled his inspection and complaint and has identified deficiencies within the statutory period of 2 (two) days displayed. Claims for defects must be discovered and reported within a total of 12 months from the transfer of risk. 6 .2 ADMAG may require samples rejected goods within a period to be determined by ADMAG. If, after checking the notification of the defect , it becomes apparent that a warranty claim has not been made, the customer shall bear the resulting costs. 6 . 3 Warranty claims are excluded in cases of insignificant deviations from the agreed quality if the customer fails to comply with operating or maintenance instructions, edited changes to the commodity front i mm t parts by the customer or not auto linearized erte third parties or from changes or other work on the goods through leads. The same applies to errors caused by excessive use or incorrect handling, deviating from the product specifications, or changes in the performance of the services and other changes that serve technical progress. 6 . 4 In the event of an effective complaint, ADMAG has the choice between removal of the defect and replacement. The costs for the removal of the defect are borne by ADMAG . In the exceptional case of a replacement delivery the customer has to reimburse the defective parts . O ne of repair or replacement is carried out in the case of minor defects (less than 5% of the total order) only if the use of the goods otherwise can not reasonably be expected of the customer . 6 . 5 Can the customer the goods despite deficiencies gem. 4 above, only a reasonable reduction of the agreed purchase price applies . 6 . 6 Selects ADMAG subsequent performance, are i h m held arrive outside a reasonable period of at least two attempts available. If these are unsuccessful, the customer is entitled to set a reasonable final respite . In unsuccessful expiry of the ser After time, are available to the customer s Two options available: reduction of compensation or withdrawal from the contract. A liability for defects lapses if ADMAG has given the opportunity to rectify or replace it within a reasonable period . 7th liability 7 . 1 On the one hand, ADMAG is not liable under the statutory provisions for simply negligent breaches of non-essential contractual obligations. On the other hand , damages are generally limited to compensation for foreseeable, typically occurring damage . 7 . 2 The legal liability for injury to life, limb or health is not affected by the above limitation. The same applies to the mandatory liability under the Product Liability Act and liability for fraudulent concealment of a defect or due to the adoption of a written guarantee awarded (see below point.. 7 3). 7 . 3 ADMAG will only assume a warranty beyond the statutory rights of elimination for the quality of the goods or that the goods retain a certain quality for a certain period of time, if this has been specially agreed in writing. 7 . 4 Any further liability is excluded. This means that ADMAG is not liable in particular for damage that has not occurred to the goods themselves, such as: B. lost profits and other financial losses. 7 . 5 The above rules (disclaimers and limitations inclusive) also apply to the personal liability of the employees, employees, employees, agents and vicarious agents of ADMAG. 7 .6 Claims for defects become statute-barred within one year beginning with the assertion of the claim. 8th. custom work 8 .1 In the case of contract work, ADMAG shall only be liable for the proper execution of the agreed services, but not for the quality and execution of the materials provided, as well as the correctness and completeness of the plans and instructions provided by the customer ( client ) . Their regularity and completeness as well as compliance with the quality features desired by the customer must be ensured and checked exclusively by the latter . 8 .2 If special precautions are to be taken in the storage of materials provided, the customer has To inform ADMAG separately about this. ADMAG is solely liable for damage and loss of materials provided through intentional or grossly negligent acts . In contrast ADMAG assumes no liability for material wear and damage that have arisen due to faulty instructions and plans of thecustomers. 8 .3 Unless otherwise agreed, the customer must provide ADMAG with material for the preparation of the agreed services, including the execution of trial work and test cuts. The customer has no claim to compensation for the costs of the material used for this purpose. 9th credit-worthiness 9.1 I st the creditworthiness of a customer after conclusion questionable ADMAG is entitled, despite the absence of agreement, advance payments, security deposits or cash to demand. 9.2 In the case of negative credit reports , which make the fulfillment of contractual obligations of the customer questionable, ADMAG is entitled to terminate existing contracts for cause without the participation of the courts. Art 1552 to terminate and claim damages . This is especially true if (i) against the customer's assets forced Voll were carried out treckungsmaßnahmen, (ii) has been requestedei n insolvency proceedings, (iii) the customer the parties binding contractual relationship is with one of its obligations arising from the default and this Condition despite reminder not within the set deadline is eliminated. 1 0. Intellectual Property Rights 10.1 Copyright and exploitation rights to which the customer during the order fulfillment ceded business plans, design drawings, presentations, for example, for manufacturing process and all illustrations, drawings, recordings, construction and switch points LAENEN and other documents which were made by ADMAG remain the one hand in their property , W ithout permission of ADMAG may these not be made available to third parties or utilized by the customer whether in written or electronic form . The customer is liable for his own employees and vicarious agents as well as for the immediate refund to ADMAG on request . 10 .2 On the other hand, the customer is responsible for ensuring that any drawings submitted by him do not intervene in third-party property rights and indemnify ADMAG in the event of recourse claims. If third parties, relying on industrial property rights, in particular prohibit the manufacture and delivery of such objects, ADMAG is entitled - without being obliged to check the legal situation - to cease all further activity and to claim damages in the event of the customer's fault. 10 .3 The customer is obliged to ADMAG informing him of any infringement of intellectual property rights. 1 1. Place of fulfillment, jurisdiction, applicable law 11 .1 The place of performance is Calafat, the registered office of ADMAG . 11.2 For all present and future claims from the business relationship the exclusive jurisdiction of the headquarters of ADMAG where ADMAG is entitled to sue the customer at his place of business. 11.3 Romanian law applies , excluding the validity of the UN Sales Convention is . 1 2 . final provisions 12 .1 The customer is not entitled to transfer and / or assign rights and obligations arising from the contractual relationships binding the parties to third parties without the prior written consent ofADMAG . ADMAG is entitled to transfer parts or the entire order to third parties without the customer's consent being required. 12.2 If, during the contract period, circumstances arise which materially affect the technical, legal or economic effects of the contract in such a way that performance and consideration are no longer commensurate with each other, then each party to the contract may demand an adaptation of the contract to the changed conditions.



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